Where to ask for help?

Pawel Saladziak · April 11, 2011

Dear Colleagues,

I need help, advices what to do. I am located in Poland (Europe) independent producer. In August 2010 I payed 7549$ for the camera that I bought from Mr David Giancola (formerly president of Edgewood Studios in Rutland VT), payment was done in parts, all were documented wire transfers to Edgewood's account . Due to some circumstances (visa, and scheduled jobs) I could not fly to US to pick up the camera immediately. 8 months has passed and while I was looking for some BNCR optics on e-bay I spotted my camera!

http://cgi.ebay.com/CP-Cinema-Products-XR-35-Studio-Techniscope-Camera-MINT-/130506028815

It was offered by user named edgemovie. I called Edgewood and some guy that was in the building informed me that company goods were taken over by some bank. Then I clicked Buy it now of course as I wanted to prevent camera being sold for the second time.

I cannot contact anyone from Edgewood Studios. I do not know what to do, I want to get in touch with person/company who is in possession of my camera. Could anyone help me, give advice what to do? Is there any official way i could proceed? Claim anything to someone?

best regards

Pawel

John Sprung · April 11, 2011

First contact Ebay. They try to help prevent fraud, as it hurts their reputation and business.

-- J.S.

Hal Smith · April 12, 2011

The chief law enforcement officer for the State of Vermont is:

Attorney General William H. Sorrell

The general information email address for his office is: atginfo@atg.state.vt.us

It is appropriate in the United States to address an Attorney General as "General" as in:

Dear General Sorrell,

....message...

He probably won't be able to help you directly but will know the proper legal procedures for you to follow in Vermont to attempt to get your property.

Pawel Saladziak · April 12, 2011

Dear Hal,

thank you very much - this is the advice that I was waiting.

To update you and other colleagues I can add the following facts:

1. I used the "Buy It Now" option to block the sale and emailed (via ebay messaging system) the seller of the ebay action - no result in contacting him. In the auction's description he claims to be Mr. Jeremy Hanson C.C.S. (I do not know these three last letters mean)

Below is my message body (edgemovie is the seller's name and littlesword is my company's name):

"Welcome edgemovie,

You are trying to sell my camera. I paid for this camera 7549USD to mr. Giancola. He confirmed money being received on 10th of august 2010 - and I have proofs of money being wired to Edgewood's account. Because of some circumstances I was unable to fly to US to pick up the camera. And now I see it is listed on ebay!!!

Please give your phone numebr as I need to call you and discuss how and when can I pick up the camera that is already mine.

- littlesword2010

I was hoping for ANY kind of reply - even the one that I need to pay some money or something. I received NO REPLY, instead of reply I also received a message form ebay messaging system that seller wants to cancel the transaction as in his opinion I clicked buy it now by an accident. I do not want to accuse anyone but lack of contact looks like bad will on the other side.

2. I found on facebook man Called Jeremy Jackson currently he is in Vermont (15km from Vermont exactly). He is the only person that I found on internet named Jeremy Jackson and located in Vermont. What more, his age (there are photos there) similar to the age of the Jeremy Jackson from Edgewood that I was talking to via phone several times (David Giancolas secretary assitant or similar position in the company). I sent him a message asking to contact me - no result, but I see that he posts messages to his board on Facebook all the time. I think he is "my Jeremy" as he changed recently his phone number and that fits to the fact that Jeremy Jackson from Edgewood changed his cell number too. When I called his number that I got from his email I only hear his voice mail leaving his new number. No answers on new number.

3. Pictures used in ebay listing are the same pictures that David Giancola sent me to describe the camera before the initial payment.

I have 2 questions in my mind:

1. I have documents proofing that I paid for the camera (bank certificates for wire transfers) and also I have an email from David Giancola that he received full amount of money (and that I will have to pay the state tax while picking the camera in Edgewood). I do not know American law, but in Poland - if one can provide authorities with documents ensuring them that he paid for the item then in terms of law he is the owner of the item. Is it the same or similar in US, paticulary in Vermont?

2. I saw that there is Jeremy Jackson's father's profile on Facebook. Is it a good practice to contact him privately and ask if Jeremy is the person that worked in Edgewood and asking him for contact details?

best regards

Pawel

Chris Keth · April 15, 2011

You bought a camera, arranged to pick it up in person, and then just left it there for eight months? That is the real problem here.

Pawel Saladziak · April 15, 2011

You bought a camera, arranged to pick it up in person, and then just left it there for eight months? That is the real problem here.

Its illegal for me to get to US without visa, so I had to wait.

Stephen Williams · April 15, 2011

Its illegal for me to get to US without visa, so I had to wait.

Thats a good reason to use a shipping company. I get the feeling there is more to this, like not wanting to pay import duties on arrival.

Pawel Saladziak · April 17, 2011

Thats a good reason to use a shipping company. I get the feeling there is more to this, like not wanting to pay import duties on arrival.

Bad feeling, as the camera was paid by my Ltd company and is our cost, duties are small, and we are able to have them lowered in Poland, close to nothing. I was to pick up the camera in person to be assured that it is in fully working order. Right now I received quite reliable information that make me 95% sure that Mr. David Giancola is lying to me, and pretends that Edgewood is bankrupt, they may be close to bankruptcy but Rutland authorities claims Giancola has not filed for it. When asked for contact details of bank officer that is responsible for taking over my camera he pointed me to a man that I was not able to find and is unknown in bank pointed by Giancola, he also gave false e-mail address to people interested in helping me. Stopped picking up the phone, answer sms, e-mail... etc. But I am still having hope for this 5% to become the real truth. Hope never dies :)

Marque DeWinter · May 7, 2011

Instead of contacting the state attorney general you should contact the local police where edgewood is located and report it as a fraud. You can probably also look up via the internet or contact the local clerk's office to find out what bank holds the liens or has the company in receivership to notify them that you purchased the equipment. If you purchased it before the court allowed the bank to seize the assets the bank has to turn the property over to you. If not you're going to have to go after the individual and edgewood which if they are in receivership you're probably screwed.

~Marque

Pawel Saladziak · May 15, 2011

Instead of contacting the state attorney general you should contact the local police where edgewood is located and report it as a fraud. You can probably also look up via the internet or contact the local clerk's office to find out what bank holds the liens or has the company in receivership to notify them that you purchased the equipment. If you purchased it before the court allowed the bank to seize the assets the bank has to turn the property over to you. If not you're going to have to go after the individual and edgewood which if they are in receivership you're probably screwed.

~Marque

what is the "local clerk office" ? kind of sheriff or what?

I published the whole story here:

http://web.me.com/pawel.saladziak/Beware_of_David_Giancola/

all details are there,first page is brief description, if one need more, then should download 15 pages .PDF and .ZIP file that includes our email history, sworn-translated bank certificates and more... screenshots from ebay messaging system etc... simply - only facts.

If anyone is interested in helping me - please contact me, currently I am looking for an attorney that would fill my claim in Superior Court in Rutland, looks like one by one attorneys do not want to represent me because of interest conflict.

John Sprung · May 16, 2011

This is quite an unusual case. Here's an attorney referal site that might be helpful:

http://www.handelonthelaw.com/home/default.aspx

-- J.S.

Pawel Saladziak · May 23, 2011

Thanks, looks like I found some helpful attorney now, I will report my case here.

I think David Giancola has started his business again, so if one thinks that it is a good idea, please call him and ask about my camera - where it is. He hangs up the phone wen I call, so maybe someone will have more luck than me?