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re: OT Lawyer advice needed—Stolen motorcycle recovery, bike secured NEW UPDATE p.35

Posted on 3/16/21 at 7:49 am to
Posted by iwantacooler
Pig Nose Feet
Member since Aug 2017
2756 posts
Posted on 3/16/21 at 7:49 am to
Cant wait to find out info on the shop. I’m on the board of a financial institution with a branch in Columbus and I’d love to know if we have any business dealings with said shop.
Posted by SouthEndzoneTiger
Louisiana
Member since Mar 2008
11620 posts
Posted on 3/16/21 at 8:22 am to
quote:

They claim they are in perfect shape and are worth a fortune.


quote:

In reality, the whole set was 400 dollars new and they are a couple thousand miles from being new


quote:

I think I’m going to mail the trashed fairings back and tell them “let’s call it even”.


Please do this.
Posted by HDAU
Member since Nov 2014
1693 posts
Posted on 3/16/21 at 9:17 am to
quote:

I have to dispose of them somehow so I think I’m going to mail the trashed fairings back and tell them “let’s call it even”.


This isn't legal advice, but you might want to save the old fairings in case you need to show their condition as evidence the shop didn't do what they claimed.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 3/17/21 at 5:06 pm to
I've mentioned the bike looked "like hell". I thought I'd post a list of what I've found wrong so far and I've not spent a ton of time on this. Sorry the formatting is jacked up. I couldn't get it to work.

1. Clutch switch wiring is shorted together with alligator clips. The Motorcycle can’t move under its own power unless it’s shorted out.
a. The Cause is a bad starter circuit cutoff relay (Yamaha Part # 5VK-81950-30-00)
b. This relay has damaged diodes likely due to the ignition wires being cut during the theft.
2. The driver and passenger seat must be replaced.
a. In the pic from the wrecked bike, the seats are fine. One year later both seats are damaged severely?
3. The aftermarket ignition switch was secured loosely by one bolt. Since the shop kept the key, the entire switch and triple clamp had to be replaced.
a. The ignition mounting holes on the existing triple clamp were bent/cross-threaded requiring replacement as well.
4. Front forks have a blown oil seal on the left side.
5. The Neutral safety switch has been disabled and the wiring is jumped directly to the negative terminal on the battery. This causes the Neutral light to be on the entire
time the ignition is in the “on” position.
a. The motorcycle will not currently start unless this jumper is in place.
6. The fairings below the tank on the left and right side don’t fit the contour of the tank.
a. These are not the proper fairings for this motorcycle.
7. The upper faring on the right hand side is cracked near its attachment point in the rear. The faring has to be replaced.
8. The faring on the front of the gas tank doesn’t fit the tank and is chipped and scratched badly.
a. It likely doesn’t fit because the tank is from the wrong year or the faring is the wrong one for this bike.
9. The Upper Tail fairing has one broken tab (left side) and needs to be replaced.
10. The exhaust is missing the bolts which bolt the exhaust to the frame.
11. The fairings are tie wrapped together instead of bolted even though the holes line up.
12. The fairings have several areas where there are neither bolts nor tie-wraps securing the fairings.
13. Both lower fairings are melted due to heat from the exhaust and must be replaced.
a. This is proof this motorcycle was either ;
i. not repaired with new fairings
ii. Was repaired with new fairings and then driven “hard” for thousands of miles. (burnouts, etc.)
Posted by muttenstein
Member since Oct 2012
3131 posts
Posted on 3/17/21 at 6:51 pm to
Damn, that is fonked up! Keep fighting the good fight!
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12849 posts
Posted on 3/17/21 at 7:11 pm to
quote:

I thought I'd post a list of what I've found wrong so far and I've not spent a ton of time on this.

So reading your list and your other comments in this thread, I think I’ve gathered that, at a bare minimum:

1. Shop sends an invoice for work that they say was done to the bike, in an apparent effort to either collect $2k or take ownership of the bike/sell it.
2. Shop doubles down by sending a notice of abandonment stating that they will sell the bike if payment is not received for these services.
3. After retrieving the bike with the help of the police, it’s clear that none of these repairs were actually completed.

Even if you completely ignore the whole stolen property angle, don’t the three points above add up to mail fraud?
Posted by TopFlightSecurity
Watertown, NY
Member since Dec 2018
1318 posts
Posted on 3/17/21 at 7:25 pm to
quote:

I've mentioned the bike looked "like hell". I thought I'd post a list of what I've found wrong so far and I've not spent a ton of time on this. Sorry the formatting is jacked up. I couldn't get it to work.

1. Clutch switch wiring is shorted together with alligator clips. The Motorcycle can’t move under its own power unless it’s shorted out.
a. The Cause is a bad starter circuit cutoff relay (Yamaha Part # 5VK-81950-30-00)
b. This relay has damaged diodes likely due to the ignition wires being cut during the theft.
2. The driver and passenger seat must be replaced.
a. In the pic from the wrecked bike, the seats are fine. One year later both seats are damaged severely?
3. The aftermarket ignition switch was secured loosely by one bolt. Since the shop kept the key, the entire switch and triple clamp had to be replaced.
a. The ignition mounting holes on the existing triple clamp were bent/cross-threaded requiring replacement as well.
4. Front forks have a blown oil seal on the left side.
5. The Neutral safety switch has been disabled and the wiring is jumped directly to the negative terminal on the battery. This causes the Neutral light to be on the entire
time the ignition is in the “on” position.
a. The motorcycle will not currently start unless this jumper is in place.
6. The fairings below the tank on the left and right side don’t fit the contour of the tank.
a. These are not the proper fairings for this motorcycle.
7. The upper faring on the right hand side is cracked near its attachment point in the rear. The faring has to be replaced.
8. The faring on the front of the gas tank doesn’t fit the tank and is chipped and scratched badly.
a. It likely doesn’t fit because the tank is from the wrong year or the faring is the wrong one for this bike.
9. The Upper Tail fairing has one broken tab (left side) and needs to be replaced.
10. The exhaust is missing the bolts which bolt the exhaust to the frame.
11. The fairings are tie wrapped together instead of bolted even though the holes line up.
12. The fairings have several areas where there are neither bolts nor tie-wraps securing the fairings.
13. Both lower fairings are melted due to heat from the exhaust and must be replaced.
a. This is proof this motorcycle was either ;
i. not repaired with new fairings
ii. Was repaired with new fairings and then driven “hard” for thousands of miles. (burnouts, etc.)


Mildly interesting. Anyone get arrested yet?
Posted by tadman
Member since Jun 2020
5445 posts
Posted on 3/17/21 at 7:39 pm to
is it just me or did the wind completely come out of this balloon???

I was thinking we were going to hear about some heavy business, maybe involving cartels stealing vehicles and "fixing them" as a vehicle for money laundering, with some local officials in on the act. Basically some real life Ozark shite. There was a lot of buildup to this.

Now it's like there was a stolen old bike, it had some awful repairs done by a guy that can only afford a hot bike, then a dumbass shop owner tried his own scam, total scam value <$2,000, local police just do not care.

Do the rest of us?

"I got three of my best guys on it right now"
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 3/17/21 at 7:46 pm to
quote:

don’t the three points above add up to mail fraud?


Yes they do...
Posted by junior
baton rouge
Member since Mar 2005
2657 posts
Posted on 3/25/21 at 10:52 am to
weekly bump?
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 3/26/21 at 7:03 am to
Here is the weekly bump...

I've made 3 separate law enforcement agencies aware of what went down. Each of them say "we're on it", and then crickets. I appreciate this isn't the crime of the century but It's kind of a slam dunk.



I might be surprised and a lot happens at once but I doubt it. It's really as complicated as "go look here and you will find proof".

The bad part is, this is likely one of many situations like this associated with that place. This isn't the first time I assure you.

If I haven't heard anything in the next week, I'll dump the rest of the story on here. At least you folks can get some satisfaction.
This post was edited on 3/26/21 at 7:04 am
Posted by CocomoLSU
Inside your dome.
Member since Feb 2004
156628 posts
Posted on 3/26/21 at 7:41 am to
quote:

If I haven't heard anything in the next week, I'll dump the rest of the story on here. At least you folks can get some satisfaction.


:coco2:
Posted by sosaysmorvant
River Parishes, LA
Member since Feb 2008
1497 posts
Posted on 3/26/21 at 7:59 am to
This ending is reminiscent of Game of Thrones
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 3/26/21 at 3:26 pm to
Apparently some things are moving forward. I just got a call out of the blue. I guess these things move slow. I should know more in a week.
Posted by freeagent
Member since Oct 2014
922 posts
Posted on 3/26/21 at 3:33 pm to
Right when I think I’m out, he just reels me back in
Posted by Whodisbe
Member since Jan 2019
132 posts
Posted on 3/30/21 at 6:03 am to
Stalled again?
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59319 posts
Posted on 3/30/21 at 6:17 am to
I reall need to read this whole thread.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 3/30/21 at 7:07 am to
quote:

Stalled again?


Prior to this who debacle I didn't have a lot of faith in law enforcement. I've never been arrested but I was in "close proximity" to two situations that involved law enforcement. One situation they should have investigated someone getting hurt badly by another person and they didn't. One where nothing actually happened and they investigated until it bordered on harassment.

I just knew that this was going to restore my faith. I think I'm going to be wrong. When I spoke to the last law enforcement fellow I said "look, this isn't the crime of the century and I know that it isn't on the top of your list". His response was "I know about it therefore I am obligated to run it to ground, even if I didn't want to I wouldn't have an option". This is likely the guy that will deliver. He also said "I've been in law enforcement for 15 years and this is the craziest story I've ever heard". I find that hard to believe but he said it.

The "bad guys" are going to be paid a visit this week and I assure you they are going to freak the hell out when it happens. I have a call scheduled with the investigator Friday, so we shall see...
Posted by KemoSabe65
70605
Member since Mar 2018
7076 posts
Posted on 3/30/21 at 7:45 am to
quote:

The "bad guys" are going to be paid a visit this week and I assure you they are going to freak the hell out when it happens. I have a call scheduled with the investigator Friday, so we shall see...


To Be Continued
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
74896 posts
Posted on 3/30/21 at 7:56 am to
quote:

This ending is reminiscent of Game of Thrones
More along the lines of “Dallas” and Who shot J.R.?

Everly Brothers Opine (via YouTube)
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