Quantcast
Channel: Disclosure News Online
Viewing all articles
Browse latest Browse all 12449

‘Salesman’ under scrutiny

$
0
0

Screen Shot 2014-05-12 at 2.44.14 PM

LAWRENCE CO.—Two Lawrence County men, well-known but unfortunately not for anything necessarily good, have found themselves in the headlines this month after problems with a Knox County, Indiana, news organization came to the fore.

Tim Akers and Louie Campbell are currently under scrutiny from a host of different business owners as well as others who have prevailed in court against them, but who have never received what the court ordered they pay in several small claims cases.

The situation emerged when businesses in the area that encountered Akers as an ad sales representative for Hometown News (HTN) in Monroe City, Indiana (Knox County) began complaining to Chris Richardson, General Manager and Broadcast Meteorologist of the organization’s online TV station, about the way their accounts were handled.

In short, ads were being sold for HTN, but problems were developing between what the advertisers believed they were getting, and what they actually got.

When advertisers contacted Richardson, red flags went up and when Richardson, who had hired Akers as a contract sales person (meaning commission-only sales, as Akers was part of an Indiana corporation with another man, Fred Bangerter, and provided his services as a salesperson to the news organization), confronted Akers with these issues, he learned that the problems were much greater than messed-up ads.

Cross-marketing in HTN’s name

Doing a little research, Richardson soon learned that Akers, who had been hired by HTN in February of this year, was cross-marketing—selling items such as business cards or other items designed to aid businesses—while he was “on the clock” for HTN. And while that wasn’t necessarily “against the rules” of a contract ad sales person, Richardson noted that Akers was doing so in the name of HTN, this according to those who made such purchases from Akers…then didn’t get what they paid for, which is why they contacted Richardson, believing he was the one who would “make good on” the loss of the client’s money.

When Richardson examined the matter, he found a “phony price list” Akers had submitted to at least one client, which indeed noted that HTN would be responsible. It was suspected at that time—but not proven—that Akers’ partner in printing (both the business cards and the price list) was none other than Louie Campbell.

‘Scam’bell

Richardson had come to be familiar with Campbell during a debacle that occurred in late November 2012 when he and Lawrence County felon Frankie Frye attempted to “fool Facebook” into believing they had won a Powerball Lottery. In actuality, they had photoshopped a picture of themselves holding up a ticket, in which the numbers on the ticket had been altered to appear as though it were the winning one.

Richardson, not knowing the reputation of either of the two, invited them to do an on-air segment in the hopes that people would see how ridiculous their attempt at “fooling Facebook” was…and instead, he said it “backfired”: People thought the web-TV station was made to look the fool because “Scam”bell and Frye were known around Lawrence County as “scammers” and their unillustrious history was preceding them.

Richardson said he was unaware of Campbell’s association with Akers at the time of Akers’ hire.

Can’t get an EIN

He was also unaware that the state of Illinois would not allow Akers to have an employee identification number (EIN), nor the reason why it would not, under articles of incorporation through the secretary of state, which was why Akers had to incorporate in Indiana with Bangerter as a partner.

Even that, Bangerter said, was carried out spuriously, however: A partnership agreement for “Friends Business Builders,” the name of the company they formed for incorporation, was signed March 12, but Bangerter later learned that official paperwork submitted was “backdated” to late February.

Richardson soon learned that Bangerter, too, was having difficulties with Akers. As the “ad designer” for Akers’ sales, Bangerter was working for Richardson as well. When Akers was confronted with the issues of inaccurate ad sales, lack of a paper trail on those sales, and unhappy customers, he basically “wiped his feet” on the matter and left the company, “making everybody else look bad.”

Even more; LBC history

But it wasn’t over.

As Richardson was busy cleaning up the mess Akers had left after parting ways with HTN, he came across clients who advised him that it was their understanding Akers was still working for HTN…and that he’d been selling them advertising.

Richardson informed the clients that that was no longer the case, and that sadly, if they’d “purchased advertising” from Akers, there would be no ads.

He then began talking to Bangerter about Akers’ behavior, learning even more about the bizarre way the round little man was doing business.

They also learned about Akers’ history, especially when it pertained to association with Campbell.

The court docket alone in Lawrence County was enough to show a very telling history.

Akers and Campbell were partners in Lawrenceville Business Center (LBC) seven years ago. There, they “specialized” in office supplies and sales of items designed to help businesses in the area, such as business cards, custom stationary, t-shirts, and even web design.

However, they soon gained a reputation for being unable to deliver.

The first lawsuit filed against LBC, in the form of a Small Claims case, came from Terry Graves, owner of “My Studio” on 15th Street in Lawrenceville. He filed against LBC in June of 2008 “for advertising which did not occur.”

The case was in court only until August 21 of that year, when the record shows that it was dismissed, apparently settled.

That was the same year that LBC sold Disclosure on a very expensive website that took nearly six months to build and was nothing but a solid background, a single photo, and five articles. At no time after the site went live was Disclosure ever given a password to alter anything at the site; instead, any material had to be submitted for Campbell to post. The site went down some months after that, and the matter went unaddressed by both Campbell and Akers; Disclosure was forced to take a loss on the cost.

No t-shirts

The next lawsuit to show up in Lawrence County court was New Generation Music in Vincennes versus Campbell, Akers, and Michelle Edelman Akers, Tim Akers’ wife at the time.

Filed February 13, 2009 under a Small Claims case by Chris Hall, the case claimed that Hall had paid LBC $950 plus costs for “goods paid for but not received.”

Michelle Akers (who later became an ex-Mrs. Akers), represented by Lawrenceville attorney Mike Neal, was removed from the suit early on, as she didn’t have any ownership interest in LBC (even though at the time of their marriage, Akers represented to others that she was a part of the business).

Hearing dates went by with Akers calling in on one occasion claiming that he couldn’t make it to court on a pre-scheduled appearance, due to a “medical problem” (listed as a migraine in court files). Ultimately, a bench trial was set for April 30, 2009.

Hall provided evidence at the bench trial of the nearly one thousand dollars he’d given LBC to provide t-shirts to him, and it was shown that they were never delivered to him, despite demand notices to LBC. The judgment was entered in Hall’s favor.

Two Citation to Discover Assets later (which action allows the person who wins the judgment to have access to the defendant’s financials in order to determine whether or not there is anything to collect upon), on April 7, 2011, Akers was ordered to appear in court. He was found in default, and was ordered to pay Hall $25 a month beginning May 15, 2011, with nine percent interest attached.

Disclosure was able to contact Hall about the case; on May 5, 2014, Hall said Akers had “never made good on the judgment,” and that he was, as a result, out of that money plus court costs and all the aggravation it entailed.

More ‘goods never 

received’ and a bank note

On March 11, 2009, Alan and Mary Fry, owners of Layers Salon, North 2nd Street in Vincennes, filed a Small Claims case against LBC for $257 and costs, money paid by Layers to LBC for “goods never received.”

Akers and Campbell appeared in court on April 9, 2009, and a judgment was entered: $50 a month until paid in full.

There is no record on file to show that any of it was ever paid; Disclosure was unable to reach Layers as of press time.

Then something a little more substantial showed up against Akers in the Lawrence County court file: Casey State Bank filed a case against him on November 28, 2010.

With attorney Lindsey Floyd rep the bank, the claim was that Akers owed them $7,792.13 plus attorney’s fees for balance owed on a loan. Evidence supplied in the filing showed a promissory note dated Nov. 30, 2009, for “refinancing a business debt from a partnership,” and the sum was demanded by the bank and Akers “refused to pay,” according to the court filing.

A voluntary wage deduction was filed against Akers in August of 2011.

He was then ordered on January 19, 2012 to pay $20 to the bank every two weeks. Court records show he continued to fail to pay; would pay a little bit in 2012; then wouldn’t pay again, evidence of this given by a Rule to Show Cause (as to why he wasn’t paying) filed August of 2013.

The bank was last in front of the court on May 1, 2014.

Akers was not.

The defendant failing to appear being noted in the court file, the matter was reset for June 12.

Digital display sales

Akers’ most recent “business venture” has caused some concern among Lawrence Countians who have been contacted by MultiSource Advertising and Sales, which is the name of the “new company” but which may be operating under the Indiana EIN originally set up for Friends Business Builders (with Bangerter; the status of that corporation was unclear as of press time as Disclosure was only able to ascertain that the Indiana Secretary of State showed no corporation by that name, nor by MultiSource.)

MultiSource is now claiming on their Facebook page that they are selling digital display advertising at Borowiak’s IGA in Lawrenceville (formerly McKim’s IGA).

Disclosure spoke with a handful of Lawrence County business owners who had been approached by both Akers and Campbell about the expensive advertising, which amounts to digital display signs set up at registers in the grocery store which rotate through ads.

All the business owners with whom Disclosure spoke advised that they politely told the two “no thanks,” as they were already aware of their reputation in the community.

Disclosure was also unable to make contact with Akers for comment as of press time, despite multiple messages on Facebook pages (phone numbers provided were either problematic or, in all likelihood, blocked from Disclosure’s cell phones, which was probably just as well, as the two have a bad habit of harassing anyone whom they believe has ‘crossed’ them).

What constitutes fraud?

The bottom line on the matter is whether or not the antics displayed by the two over the years rises to the legal definition of fraud or deceptive practice, and whether consumers and/or employers (such as HTN) have any recourse in the matter beyond a small claims case if it does.

Illinois Attorney General counsel Scott Mulford advised Disclosure that the best course of action under the circumstances would be to contact law enforcement and prosecuting authorities within the county where the actions took place.

Mulford said that while civil cases can be filed, all too frequently they end up with the defendant not paying (and not facing any criminal or contempt charge for such conduct) or bankrupting out of debt…only to go on and do it again.

Only criminal charges, Mulford said, will bring about an end to any kind of fraudulent activity at all.

As well, said Mulford (who prior to working for the attorney general was in the radio and television broadcasting business in Quincy), media attention often causes anyone whose intent it is to defraud to slow down their activities, even if only for awhile, until the word can get out that that’s what they’re up to.

Unfortunately, many people, especially those who have lost money to scammers, are unwilling to speak up about what happened to them, especially if they are financially unable to go through the steps it takes to try and recover their money. These same ones are equally as unwilling to talk to police about a potential crime happening to them under the definition of fraud as they would be about talking to the media about it. And while that hesitation is understandable, it doesn’t help rein in the scammers, who then go on to defraud others without any retribution at all.

Mulford encourages anyone who believes they’ve been defrauded to contact local law enforcement and force the issue that way first.

However, the attorney general’s office has a division specifically for the purpose of dealing with fraud and fraudulent activities; contact the Illinois Attorney General in Chicago at 1-800-386-5438 for advice on how to proceed with a complaint.


Viewing all articles
Browse latest Browse all 12449

Latest Images

Trending Articles



Latest Images

<script src="https://jsc.adskeeper.com/r/s/rssing.com.1596347.js" async> </script>