Dan Ptak / Jevin Sports Management Software Sues Customers It Paid Late!!

[soapboxmom]

Have fraud complaints with the DA's been filed yet?

I am aware of complaints to Florida, Texas and Utah Attorneys General, at least 5 police departments, the FBI and more, so Ptak and his Jevin debacle are definitely on the radar.

[notorial dissent]

Good, as it certainly was/is fraud and embezzlement at the very least.

[soapboxmom]

http://wtkr.com/2017/08/01/virginia-bea ... f-dollars/

Jevin is in the news again. Virginia Beach is fighting to get 40 it is owed. It is high time that the Collin County DA get down to business. And, yet another league that has not come forward is also rumored to be out tens of thousands of dollars as well.

[soapboxmom]

http://southsidedaily.com/2017/07/31/th ... -fees-nws/

http://southsidedaily.com/2017/08/02/be ... eague-nws/

Bully and con they say. Ouch!!!

[soapboxmom]

Yet more scathing coverage and a statement regarding legal action to come.

http://www.13newsnow.com/news/local/lit ... /461550502

[soapboxmom]

The complaints that earned Jevin an F rating with the BBB I don't believe were included in any newspaper articles or my blog totals so far. That puts the number of leagues with late or missing payments between around 21-23 and the total amount of late or missing funds at well over half a million dollars.

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Jevin, Inc.

Overview
Reviews & Complaints
BBB Accreditation

(972) 396-0078

Jevin, Inc.

PO Box 1631
Allen, TX 75013

BBB File Opened: 02/13/2017

Business Category

Management Training

This Business Is Not BBB Accredited
Jevin, Inc.

F
BBB Rating System Overview

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[2] Total Customer Complaints

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The business failed to respond to the dispute. (2 complaints)

06/29/2017
Billing / Collection Issues

Complaint
***** collected money on behalf of our league and has not returned to that money to us. They do not answer phone calls or return emails.
***** was not supposed to collect funds from our league members, however they did anyways. It has been nearly 3 months and they have stopped returning emails and phone calls and have not deposited our funds paid to them. 11 league members paid $80 and ***** will not forward that money to us nor will they communicate with us. (Show Less of Complaint)
Desired Settlement
We would like the money due to us. Immediately.

03/10/2017
Problems with Product / Service

Complaint
Our business entered into a contractual agreement in November 2015 wherein Jevin would process credit cards and host a registration site for the purpose of my sport facility's scheduling, registration of players, and general communication with clients. Jevin has never deposited ANY funds that were from credit/debit card payments into our account. We, a small family-owned business, are owed almost $50,000. At this time, Jevin has not returned phone calls nor provided any indication they have any interest in depositing funds that our rightly ours. Dan ***** the owner, has stopped returning our calls, and has made promises regarding the timing of our funds availability that have proven to be untrue.
Product_Or_Service: sports registration website (Show Less of Complaint)
Desired Settlement
We wish to be contacted by Jevin's president, Dan ***** with a concrete plan as to when and how our funds will be deposited into our account.

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[notorial dissent]

I still can't believe that real actual criminal charges haven't been filed against this klown and his company. At least here, anyone ripping off a charity or NP gets pretty much the immediate attention of the AG's fraud unit and they don't play nice at all. The local DA sounds like the one we had around here for a time who refused to file against check kiters and bad checks, he got roundly thumped by the AG's office and then the state amended the laws to make it a requirement for them to be prosecuted, and put some real teeth in the law to boot.

I think it is about time Ptak went to jail.

[soapboxmom]

But, but, but....Jevin's fan club president thinks that I am going to jail for sharing the recent mainstream news articles.

Heather Dobrott,

This is Jim Byers, President of Pleasant Hill Little League ("the league") in Pleasant Hill, Iowa. This email is to serve as final notice to you that you are no longer, in any fashion (electronic mail, telephone, social media, or postal mail) to contact or communicate with Pleasant Hill Little League or it's board members, parents, players, coaches, or volunteers. You have been instructed prior to today to no longer communicate with the league, which you have ignored. Further communication, in any fashion, including using entities outside of the league, shall be considered harassment and local authorities in Pleasant Hill, Iowa as well as your hometown shall be contacted and the league shall press charges against you for this harassment.

On a personal note, myself and our board as a whole, has grown tired of your antics. We have no interest nor concern with the fanatic psychosis with which you are stalking our business partner. I could not care less what your interest is in this. From our perspective, everything you share with us is completely unfounded. And, quite frankly, your ramblings have hit the wrong nerve with me now, and I find you to be insufferable and intolerable. If you want to run around Texas on your soap box and hope that someone wants to entertain your vendetta and phsychoses, by all means, carry on. But DO NOT contact our league directly or indirectly EVER again. And DO NOT take my suggestion of involving law enforcement lightly. That point was not a threat, but a promise. I do not have the time, energy, or want to deal with some whacky lady half a nation away, and if I EVER come across your name again in association with my league or any member of my league, every bit of time and energy I spend on it will be to make you miserable thru every legal means possible equal to and greater than what you seek out with Jevin. Go away. DO NOT EVEN CONSIDER A REPLY TO THIS EMAIL. SHOULD YOU EVEN AS MUCH DO THIS, I WILL IMMEDIATELY CONTACT LAW ENFORCEMENT TO MOVE FORWARD WITH CHARGES. Whatever personal vendettas you may hold against Jevin or the soccer club in your area has absolutely nothing to do with us role our league, so leave us out of it.

Thank You,

Jim Byers
President
Pleasant Hill Little League
District 3 Asst. District Administrator - Baseball
phbaseball.org
iowadistrict3.org

Sent via the Samsung Galaxy S7 edge

[soapboxmom]

Even more scathing coverage:

http://wavy.com/2017/08/03/little-leagu ... thousands/

[soapboxmom]

Someone certainly has a sense of humor:

https://www.facebook.com/Jevin-1431993926880800/

[soapboxmom]

Since I last posted I heard from two more leagues out tens of thousands and thousands respectively. That puts the number of leagues out money at about 24 and the total of late or missing payments well above $500,000.00. That is not my idea of growing pains!!!

Note an earlier e-mail exchange with Pleasant Hill:

On Monday, May 16, 2016 9:21 AM, "garlandsoccerrocks@gmail.com" <garlandsoccerrocks@gmail.com> wrote:

________________________________________

Jevin Missing Money

I run a site that exposes financial fraud, http://www.realscam.com. I am also a former board member of Garland Soccer. Garland Soccer had late and missing payments with Jevin for years. The Garland Soccer President. David Arciniega, contributed to the development of the Jevin software. When $8,000.00 went missing in 2013, Mr. Arciniega insisted Garland Soccer continue to use Jevin and denied the board documentation on this loss. When pressed for answers Mr. Arciniega claimed that a total of $50,000.00 from several sports organizations was actually missing due to the payment processor and that Dan Ptak of Jevin was involved in ongoing litigation with the processor. It has been 3 years and no court cases were ever filed, much less been ongoing and Jevin itself never went to police. Likely, the payment processor was falsely accused of being responsible for the missing funds though Jevin changed processors after this. Mr. Arciniega then proceeded to lie to the Garland Police telling them that it was simply an error in processing and stopped them from investigating.

Now, 4 other sports organizations are reporting losses of $39,000.00, $35,000.00, $20,000.00, $16.000.00. 2 other organizations are said to be out money as well.

Formal charges were filed with the Allen, TX police and the Dallas FBI by a president of a soccer association that is a practicing attorney. I am coordinating getting the word out to others that may be effected. Please let me know if you are missing funds due to Jevin.

Police | Allen, TX - Official Website

Office J Stoneberg

https://www.fbi.gov/dallas/contact-us/contact

Thanks,

Heather Dobrott

Administrator for Realscam.com


This message was sent to info@phbaseball.org by garlandsoccerrocks@gmail.com

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The response:

From: Pleasant Hill Little League [mailto:pleasanthilllittleleague@yahoo.com]

Sent: Monday, May 23, 2016 11:47 AM

To: garlandsoccerrocks@gmail.com

Subject: Re: Jevin Missing Money

Heather-

The question is, are they out money, or is their money just late? We know that Jevin has been having some growing pains this year and some of our payments have been a bit delayed but we have not, as of yet, been out any money from them that we do not think we will collect.

I think perhaps people are just too quick to react and freak out instead of asking questions. What is sounds like to me is that Mr. David Arciniega embezzled money from Garland Soccer and no one wants to admit that so it is easier to blame the software company.

What I want to know is why is there a lawsuit against the soccer club and not against him?

Thank you,

Pleasant Hill Little League

[notorial dissent]

the hole just keeps getting deeper and deeper.

I would have to say, that in light of this being an ongoing, and apparently fairly longstadning issue with Jevin that not facing the reality of them not not paying, and not paying a lot of the time is borderline mismanagement on the part of the other people involved. That last response shows a level of cluelessness that is not good in someone in a money management position. I guess the question then is, if your bank was having the same track record of not paying your checks, would you call that "growing pains" or some other excuse?

I do agree with one point he made though, I see no reason why Ptak was not included in the filing since he is the party responsible for the issues. I get the feeling this is pretty much a one man operation.

[soapboxmom]

the hole just keeps getting deeper and deeper.

I would have to say, that in light of this being an ongoing, and apparently fairly longstadning issue with Jevin that not facing the reality of them not not paying, and not paying a lot of the time is borderline mismanagement on the part of the other people involved. That last response shows a level of cluelessness that is not good in someone in a money management position. I guess the question then is, if your bank was having the same track record of not paying your checks, would you call that "growing pains" or some other excuse?

I do agree with one point he made though, I see no reason why Ptak was not included in the filing since he is the party responsible for the issues. I get the feeling this is pretty much a one man operation.

The CPA that wrote that nonsense, Heather Byers, and her husband Jim Byers, the president of Pleasant Hill Little League, wanted me to sue David Arciniega, the president of Garland Soccer, as they did not realize he was one of the original defendants in my suit and was thus already being sued. The Byers are still using Jevin and valiantly defending Dan Ptak online. According to LinkedIn and my digging, it is likely Dan Ptak is the only employee left at Jevin (such as it is. LOL.)

We were about to subpoena all of Ptak's financial records as part of my suit against Garland Soccer when Garland Soccer had to ask to settle as their insurance company apparently didn't have any interest in funding a suit they were sure to lose simply to entertain David Arciniega and the corrupt leadership in said charity.

You will be shocked to hear that yet another group that is owed money by Jevin contacted me just after I posted yesterday. This would be approximately the 25th group out money by my count. That brings the total of late and missing payments to well over $500,000.00. They asked for contact information for the Allen, TX police and Dallas FBI. I gave them that and information for other law enforcement agencies across the country that have been involved.

How many more leagues are out money that have not contacted me???

[notorial dissent]

I have a hard time believing that Jevin was ever more than a one or two person operation to start with, since most all of everything they did was done by the computer software, all that they would have needed to have done was make sure it was still running and working, and paid the bills and answered the phone. I mean truly the definition of a turnkey operation.

It still baffles me that there can be tangible physical evidence that money, lots of money, has gone missing and that fees haven't been paid, for 24 leagues, and yet people refuse to admit it is happening. That is just downright scary. I would say at upwards of $500K this is definitely FBI time since this is obviously inter state and wire fraud on top of it. I'm actually surprised that they still have card access, usually processors will drop a merchant with the kind of chargeback record this one now has, particularly for the chargeback reasons.

[soapboxmom]

27-0009915 Pleasant Hill Little League Inc. Pleasant Hill IA United States

http://phbaseball.mediadsm.com/?page_id=53

https://inrc.law.uiowa.edu/sites/inrc.l ... ctices.pdf

5
I. The Role of Charitable Nonprofit Organizations
Principle
Iowa charitable nonprofit organizations are the essence of community. Iowa’s citizens, volunteering in the thousands, build our communities. On their own initiative, Iowans address local needs, formulate values, and take action through these voluntary associations. Community organizations range across the broad spectrum of daily life and include religion, health, social services, education, culture, community development, housing and human rights. Many are small and financially fragile, yet they are vital factors in making Iowa a great place to work and live. It is only with these crucial community nonprofit associations that Iowa advances economically and socially. The people of Iowa should recognize and support the contribution of the charitable nonprofits to their community through volunteer effort and donations.
Practices
1. Charitable nonprofits must be publicly open and accountable, must be well managed, and must continually build trust with the public by appropriate financial reporting, communications with the public about significant contributions to the community with the charity’s funds and programs, and strongly evident commitment to ethical behavior.....B. Principle
– Financial Accountability
A charitable organization is accountable to its funders, its constituencies, and the public, both as to the sources and uses of funding......

29Practices

1. Communication is a form of accountability to the organization’s constituencies. It

should be oriented to the constituencies and thus requires an outreach mindset.
2. A goal of a charitable nonprofit’s communication should be transparency which
includes:

a. continually building trust with the public by appropriate financial reporting b.communication with the public about significant contributions to the community with the charity’s funds and programs

c. strongly evident commitment to ethical behavior.

3. Communication should be strategic, integrated, and central to the organization’s
functions

4. Messages must be timely, informative, clear, and forthright with openness and

candor about bad news as well as good news
5. Effective communication identifies:

a. the constituencies who are to receive the message b. the content of the message to be delivered

c. the method of delivering the message
6. Constituencies are both internal, including the board, staff, and volunteers, and external including the people who receive the organizations’ services, the funders, the regulators, and the general public. ....

Practice
1. Government Regulation

– Federal, state, local:

a. Tort and Contractual Liability

- The concept of charitable immunity from lawsuits has been eliminated. Therefore, directors and officers are liable for organizational torts and breaches of contract where they are negligent and third parties have been injured......b. Ethics codes –
Ethics require subordinating self interest in favor of the public interest. Ethics codes set a higher standard of conduct than the law. Ethics go to the essence of our beliefs and how we feel and care for others. A code of ethics demands a sense of responsibility and courtesy to others. Others come ahead of our own interests. Nonprofit ethics codes cover such issues as obeying the law, respect for the worth and dignity of individuals, diversity, fairness, openness, honesty, prudent application of organizational resources, and professional conduct in service to others......

Practices
1.
Duty of Care
– Board members and officers must meet the duty of care by exercising their responsibilities in good faith and with diligence, attention, care, and skill. (For nonprofit corporations, see Iowa Code 504.831; for charitable trusts, see Iowa Code 633A .4203.) This includes both decision making and oversight responsibilities and is fulfilled by such things as attending board meetings regularly, entering discussions, reading minutes, learning about the organization’s programs, maintaining careful oversight of finances, and questioning unclear or troubling activity.

The charity is legally accountable to the public for its use of funding, so I have every right to post mainstream newspaper articles about its vendor. It is high time the leadership of this charity quit threatening me and start fulfilling their fiduciary duties. The Byers conduct online is reprehensible and should be addressed immediately.

[soapboxmom]

Texas law and attorney explanation:

The Definition of Harassment

Texas law is very clear on the definition of harassment. There are two primary elements to a harassment offense. These elements are:
The intent of the perpetrator
The harassing behavior itself

The first component, intent, refers to the desire or goal of the person committing the act. According to Texas Penal Code Section 42.07, a person committing harassment must have an intent to “harass, annoy, alarm, abuse, torment or embarrass” another person.
The second component of the act is the actual harassing behavior itself. Harassment as a criminal offense can include a large number of different activities. The Texas Penal Code lists the following activities which may be considered criminal harassment:
Communicating with another person and requesting an obscene activity, such as sexual activity
Threatening to inflict bodily harm on another person or threatening to commit a felony against another person, their family members or their property
Conveying a false report of the death or bodily injury of another person
Repeatedly calling another person on the telephone in an annoying manner or making phone calls and intentionally failing to hang up the call when it is answered
Sending electronic communications, such as emails or text messages, in an annoying, threatening or abusive manner

Most of these definitions of harassing behavior include a stipulation that the behavior must be done in a way that is reasonably likely to alarm the person receiving the communication. This is done to prevent people from being penalized for behavior that is not legally considered harassment.

Jim Byers president of a charity that is accountable to the public wrote last night:

I have contacted Garland Police Department at this time to file an official harrassment complaint against you. I will also be contacting our league attorney in lieu of these recent revelations....Your lack of cooperation in regards to the requests demanded of you habe left us with no other options but to pursue legal action against you. You shall cease and desist any all communications with and about Pleasant Hill Little League in any anf all forms immediately.

I will continue to share mainstream news articles across the globe. No clown like this is going to dictate to me. Good luck with the police, clown! Public charities are well.......public!!!!

[soapboxmom]

because of the suit against me I will get all of his financial records in discovery. He will be grilled about those in deposition and I will publish said deposition online and take excerpts and make scathing commentary on said.

Nice mental image, but that's not gonna happen. If delay and obfuscation fail, he'll discontinue.

But good luck.

05/19/2017 Motion to Dismiss
Defendant Heather Dobrott's Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code
05/24/2017 Letter
Notice of Hearing on Defendant Heather Dobrott's Motion to Dismiss
06/06/2017 Notice of Hearing
07/10/2017 Response
Plaintiffs' Response to Defendant Heather Dobrott's Motion to Dismiss
07/11/2017 Letter
Letter to the Clerk Enclosing Proposed Order Granting Defendant's Motion to Dismiss
07/13/2017 Defendant's
Defendant Heather Dobrott's Reply to Plaintiffs' Response to Defendant Heather Dobrott's Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code
07/17/2017 Dismissal Hearing (9:00 AM) (Judicial Officer Tucker, Angela)
Special Appearance
07/21/2017 Reset by Court to 07/17/2017
07/17/2017 Amended Petition
Plaintiff's Second Amended Petition
07/17/2017 General Docket Entry
Hearing. Parties appeared with counsel. Court heard argument. Case reset. - AMT
10/04/2017 Dismissal for Want of Prosecution (8:30 AM) (Judicial Officer Tucker, Angela)

Ptak's / Jevin's case is falling apart. I am never going to get my discovery............

[soapboxmom]

A financial professional working with a small rural league contacted me on Thursday asking for contact information for the Dallas Police. This league, like so many others, is fighting to get their registration money from Jevin. I directed them to the proper authorities including but not limited to the Allen, TX Police and the other law enforcement agency across the country that has asked me to direct victims to them. Glad to know my blog is helping charities that serve our precious children.

The BBB report has been updated to show the details on the latest complaint. The F rating is well deserved:

https://www.bbb.org/dallas/business-rev ... complaints

I am still waiting for the police to arrest me for posting the BBB report and links to mainstream newspaper articles on numerous public pages. Jim and Heather Byers of the Pleasant Hill Little League are definitely the brain-trusts of the century!

[soapboxmom]

Register of Actions
Case No. 31-SC-17-00312
Costa Mesa American Little League vs. Dan Ptak §
§
§
§
§

Case Type: Small Claims
Date Filed: 10/02/2017
Location: Precinct 3-1
Party Information
Lead Attorneys
Defendant Ptak, Dan

Plaintiff Costa Mesa American Little League
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
10/02/2017 Case Filed (OCA)
10/02/2017 Small Claims Petition
Guide and File - Petition
Financial Information


Plaintiff Costa Mesa American Little League
Total Financial Assessment 121.00
Total Payments and Credits 121.00
Balance Due as of 10/05/2017 0.00

10/03/2017 Transaction Assessment 121.00
10/03/2017 Payment Receipt # 2017-04943-JP3-1 Costa Mesa American Little League (121.00)

Another lawsuit and yet another name to add to my list of around 26 leagues that Ptak and his Jevin scam owe money.

[soapboxmom]

05/19/2017 Motion to Dismiss
Defendant Heather Dobrott's Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code
05/24/2017 Letter
Notice of Hearing on Defendant Heather Dobrott's Motion to Dismiss
06/06/2017 Notice of Hearing
07/10/2017 Response
Plaintiffs' Response to Defendant Heather Dobrott's Motion to Dismiss
07/11/2017 Letter
Letter to the Clerk Enclosing Proposed Order Granting Defendant's Motion to Dismiss
07/13/2017 Defendant's
Defendant Heather Dobrott's Reply to Plaintiffs' Response to Defendant Heather Dobrott's Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code
07/17/2017 Dismissal Hearing (9:00 AM) (Judicial Officer Tucker, Angela)
Special Appearance
07/21/2017 Reset by Court to 07/17/2017
07/17/2017 Amended Petition
Plaintiff's Second Amended Petition
07/17/2017 General Docket Entry
Hearing. Parties appeared with counsel. Court heard argument. Case reset. - AMT
09/15/2017 Motion to Dismiss
Defendant Heather Dobrott's Motion to Dismiss Pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code as to Plaintiff's Second Amended Petition
09/15/2017 Letter
Cover Letter
09/18/2017 Notice of Hearing
09/26/2017 Notice of Hearing
10/03/2017 Motion
Defendant Heather Dobrott's Motion for Trial Setting in or After the Fall of 2018
10/06/2017 Notice of Hearing
10/06/2017 Designation of
Plaintiffs Designation of Testifying Experts
10/27/2017 Motion Hearing (9:00 AM) (Judicial Officer Tucker, Angela)
10/27/2017 Motion Hearing (9:00 AM) (Judicial Officer Tucker, Angela)
Motion for Trial setting in Fall of 2018
11/02/2017 Dismissal Hearing (9:00 AM) (Judicial Officer Tucker, Angela)
30 mins total
11/03/2017 CANCELED Dismissal for Want of Prosecution (8:30 AM) (Judicial Officer Tucker, Angela)
Requested Setting
10/04/2017 Reset by Court to 11/03/2017
02/02/2018 Pre Trial (1:30 PM) (Judicial Officer Tucker, Angela)
02/05/2018 Jury Trial (9:00 AM) (Judicial Officer Tucker, Angela)

http://www.realscam.com/attachments/f12 ... ter-27.pdf

This case should have been dismissed months ago under Chapter 27 of the Civil Practice and Remedies Code and the mandatory legal fees awarded. Now, he is ducking the process server for the most recently filed case referenced above.