Premier Cru Master Complaint Thread (MERGED)

Don_Cornwell · February 5, 2016, 2:17pm

Thank you George.

What is really ironic is that when I was in law school back in the 70s, and was fortunate enough to qualify for the Law Review based on my grades, we were all required to write and have published a formal article for the Law Review. The legal issues that I had chosen to write about were fairly complex and my writing skills were so awful that the Editor in Chief of the Law Review (a third year law student) was practically pulling his hair out. So he assigned another one of the editors who was known to be an excellent writer to work with me to provide what were essentially “remedial legal writing” lessons. It was sort of embarrassing at the time, but I’m really glad he did that, since it has paid huge dividends for me over time. It took me many months of work, but thanks to the editor’s patience and training I was finally able to produce something that met the criteria to be published. I’ve ended up doing a lot of writing (mostly legal) over the years.

Peter_Chiu · February 5, 2016, 6:47pm

pgershon:

One of the things eating at me, not that there was much I could have done at this point (sep 2015) as PC already had about $31,000 of outstanding orders from me (at least I got some shipped in Dec), is that I accepted the following from PC:

Me: I ordered this wine earlier this year. I see you are selling it in stock now (system says 24+ bottles available). Why is my order still listed as “out of stock”? It looks, from your current offer, that you are listing as Cru Filo di Seta and simply Filo di Seta as if they were two different wnes. They are not.

PC: You are correct. They are the same wine. However, they were purchased from different sources by us. The wine you purchased came directly from Europe, purchased in bulk and imported by Preimier Cru, which is why we were able to offer you the price that you paid. The Filo di Seta which we have in stock was purchased from an American distributor at a much higher price. The $102.99 for the in stock wine is still a competitive price for this wine as an in-stock purchase, and you are more than welcome to trade in your purchase and apply the amount to the purchase of the in-stock bottles, but you would have to pay the difference. Sorry for the confusion. Many thanks, Tony Gray

Me: Thanks. When do you expect my wine?

PC: We will start seeing our allocations of the '10 Brunello early next year and would say that by Spring your bottles will be here.

I should have called BS right then and there. PC had my wine in stock and were selling it for about $40 more/bottle than they charged me, yet they claimed it came from a different supplier and that mine would arrive by spring. If they had the wine, it should have been sent to me, not sold to others at a higher price. And they used my money, essentially, to buy the wine they sold to others. Robbery.

In hind-sight, I would call that BS… - for 3 years child to believe in their explanation.

Beside it is call : dis-honest, cover-up and in deed an act of robbery.

Alex_Lallos · February 5, 2016, 9:59pm

I occasionally sell wine for Roger at No Limit Fine Wines. It’s a great operation with fair pricing and awesome people. I can say for certain no such thing happened with regards to the PC list. With this said, I’m sure quite a good number of your have bought from me (Alex@NoLimitFineWines.com) in the past and for those of you who have not, please feel free to email me if you would like to get on board.

We offer a ton of great wines from all over the world at excellent prices (many times the lowest in the country). Ask around, it’s a fun list to be on (especially if you like hard-to-find California, French, and Italian wines)

Ian_Sutton · February 5, 2016, 10:37pm

Alex
Where exactly did the email addresses come from then?
regards
Ian

T_Schaffler · February 5, 2016, 11:21pm

I can answer that as I asked roger that very question and he gave me an honest answer.

He paid a consultant to find email addresses for those listed in the PC bankruptcy filing. PC did not sell their email list.

While this might be ingenious, I did let him know that many might not be too happy to be getting this type of spam after being hurt.

Alex_Lallos · February 6, 2016, 12:44am

Sounds possible! I mine our database for old customers. Lots of people forget they’ve ordered from us way back when. NLFW offers cool stuff and it’s easy to hit unsubscribe (nobody ever does)

Chris_Blum · February 6, 2016, 12:26pm

That this roger would admit to mining a list of Ponzi scheme victims in a bankruptcy document, or that you would use this thread to try to promote your wine list (twice!)

[edited by mods for personal attack]

Tom_K · February 6, 2016, 3:00pm

My 2010 Leoville-Poyferre for sure!

Tom_K · February 6, 2016, 3:11pm

R. Smith:

2/3 PC BANKRUPTCY UPDATE - U.S. TRUSTEE FILES OBJECTION TO EMPLOYMENT OF BRIAN NISHI

The U.S. Trustee filed an objection to the hiring of Brian Nishi. The objection centers around $25,000 in wine which was given by Premier Cru to Mr. Nishi prior to the bankruptcy filing. Nishi had advanced credit to Premier Cru by allowing it to use his credit card to purchase wine.

The United States Trustee objects to the Nishi Application because Brian Nishi received a preferential transfer under 11 U.S.C. § 547 within the 90 day period preceding the commencement of the case and therefore holds an impermissible conflict of interest and may not be employed by the estate.

Mr. Nishi holds a priority wage claim in the amount of $2,500. Mr. Nishi has agreed to waive his claim in order to be employed in the case. Mr. Nishi was also paid the equivalent of $25,000 in wine by the Debtor in satisfaction of the extension of credit by Mr. Nishi via the Debtor’s use of his personal credit card.

In this case, Mr. Nishi received a facially plausible substantial preference the facts of which are not in dispute. All of the elements of a preference are met in this case since: 1) at the time of the transfer Mr. Nishi was a creditor; 2) at the time of the transfer Mr. Nishi was owed $25,000; 3) the transfer occurred within 90 days preceding the commencement of the case; and 4) the transfer likely allowed Mr. Nishi to receive more than he would receive in a chapter 7 liquidation. > Under these circumstance, Mr. Nishi may not be employed in this case unless and until the preference is resolved.

For the foregoing reasons, the U.S. Trustee requests the Nishi Application be denied unless and until the above objections are addressed and for such other and further relief as the
Court deems just and proper.

THANK YOU for sharing these updates!

Dale_Bowers · February 6, 2016, 3:19pm

Regarding Mr Nishi: Who in their right mind would allow their employer to use their personal credit card, to the tune of $25,000, if they weren’t well aware of the mess and knee deep in the mud already???

Tom_K · February 6, 2016, 3:27pm

J Ross:

As part of trying to open up a credit card dispute I searched “premier cru invoice” in my gmail account and found the following email that was obviously sent to me in error. I remember getting it and never got a response when I inquired whether it was meant for me or not.

It would appear to show that at least earlier this year PC was trying to source wine from overseas retailers presumably to fulfill old customer orders. He actually sent me the invoices funnily enough and its some very high end wine. I don’t pretend to understand all the recriminations going back and forth on this thread–but I thought people would find it interesting.

From: Mederick Ravel
Sent: Tuesday, January 06, 2015 12:45 PM
To: John Fox
Subject: INVOICE TO BE PAID

Corkr 20,900.00GBP OR $31687.0232
Vinoptimo 8490 euro or 10105.86 OR $1303.2588
Gilbert et Moreau 12,000 euro or $14283.90
Gilbert et Moreau 10170 euro or $12105.61
Altaya 97,300.00 HK$ OR $12547.89
Mederick Ravel
Premier Cru
1011 University Ave
Berkeley, CA 94710
mederick@premiercru.net
Phone: (510) 644-9463 ext. 19
Fax: (510) 647-3833

Did anyone submit this one to the FBI yet?

Al_Osterheld · February 6, 2016, 4:01pm

From an article summarizing the latest update presented to the bankruptcy judge:

About 120 customers had wine “physically segregated” in the warehouse, such as boxes getting readied to be shipped or picked up with a customer’s name attached, or wine stored for an undetermined amount of time, Bostick wrote. Those individuals might have a different claim than the other creditors, he said, and planned to alert those individuals in the future.

However, Bostick cited prior cases where those individuals wound up not receiving anything different from other creditors. He made suggestions to the judge on a process for creditors to make claims of property they believe is their own despite being held by the estate.

http://www.contracostatimes.com/breaking-news/ci_29482643/premier-cru-fbi-investigating-wine-company-bankruptcy-trustee?source=rss

-Al

Gary_York · February 6, 2016, 4:11pm

The suicide is now being linked to a wine fraud case. Not sure if the chef was a victim or involved with the scheme. The report now loads properly and is in French. With all of these cases coming to light it does make you wonder how much is really out there and not found out/reported.

http://www.bilan.ch/argent-finances-plus-de-redaction/benoit-violier-aurait-ete-victime-dune-vaste-escroquerie

ybarselah · February 6, 2016, 4:42pm

Chris Blum:

Alex Lallos:

I occasionally sell wine for Roger at No Limit Fine Wines. It’s a great operation with fair pricing and awesome people. I can say for certain no such thing happened with regards to the PC list. With this said, I’m sure quite a good number of your have bought from me (Alex@NoLimitFineWines.com) in the past and for those of you who have not, please feel free to email me if you would like to get on board.

We offer a ton of great wines from all over the world at excellent prices (many times the lowest in the country). Ask around, it’s a fun list to be on (especially if you like hard-to-find California, French, and Italian wines)

Alex Lallos:

Sounds possible! I mine our database for old customers. Lots of people forget they’ve ordered from us way back when. NLFW offers cool stuff and it’s easy to hit unsubscribe (nobody ever does)

That this roger would admit to mining a list of Ponzi scheme victims in a bankruptcy document, or that you would use this thread to try to promote your wine list (twice!),.

i think it’s ingenious. certainly not illegal and as long as they include clear unsubscribe, barely a nuisance.

R_Smith1 · February 6, 2016, 5:25pm

I occasionally sell wine for Roger at No Limit Fine Wines. It’s a great operation with fair pricing and awesome people. I can say for certain no such thing happened with regards to the PC list. With this said, I’m sure quite a good number of your have bought from me (> Alex@NoLimitFineWines.com> ) in the past and for those of you who have not, please feel free to email me if you would like to get on board.

We offer a ton of great wines from all over the world at excellent prices (many times the lowest in the country). Ask around, it’s a fun list to be on (especially if you like hard-to-find California, French, and Italian wines)

Alex,

I’m not sure whether I find your flippant attitude or Roger’s conduct more disgusting. You should be ashamed of yourselves.

Alex_Lallos · February 6, 2016, 5:43pm

R. Smith:

I occasionally sell wine for Roger at No Limit Fine Wines. It’s a great operation with fair pricing and awesome people. I can say for certain no such thing happened with regards to the PC list. With this said, I’m sure quite a good number of your have bought from me (> Alex@NoLimitFineWines.com> ) in the past and for those of you who have not, please feel free to email me if you would like to get on board.

We offer a ton of great wines from all over the world at excellent prices (many times the lowest in the country). Ask around, it’s a fun list to be on (especially if you like hard-to-find California, French, and Italian wines)

Alex Lallos:

Sounds possible! I mine our database for old customers. Lots of people forget they’ve ordered from us way back when. NLFW offers cool stuff and it’s easy to hit unsubscribe (nobody ever does)

Alex,

I’m not sure whether I find your flippant attitude or Roger’s conduct more disgusting. You should be ashamed of yourselves.

I’m not sure I find your radical indictment justified. Thanks for your kind words though,. Maybe you could read a bit more - “I MINE OUR DATABASE FOR OLD CUSTOMERS. WE OFFER COOL STUFF AND IT’S EASY TO HIT UNSUBSCRIBE…” Nowhere did I say I bought any email addresses or had knowledge of anyone else doing so.

Wouldn’t it be fun if every profession had a message board where users could go on and make indictments of other people without even knowing them.

Furthermore, people buy email lists all the time. I have never done anything of the sort but I don’t blame people who do. I somehow got on LastBottle mailing list and never signed up. Hell, I can name a million lists I’m on that I never signed up for but I’m happy I’m on them. Lighten up pal…

Alex_Lallos · February 6, 2016, 5:53pm

That this roger would admit to mining a list of Ponzi scheme victims in a bankruptcy document, or that you would use this thread to try to promote your wine list (twice!),.

Would you say this to my face or do you just sit around on your keyboard hiding behind the veil of the internet and distance to make such comments?

Nobody did anything to you, read the terms of use:

Personal Attacks:

At minimum, personal attacks are subject to deletion. More significant cases are subject to temporary suspensions, or permanent suspensions. Remain civil to one another.

R_Smith1 · February 6, 2016, 5:55pm

ybarselah:

Chris Blum:

Alex Lallos:

I occasionally sell wine for Roger at No Limit Fine Wines. It’s a great operation with fair pricing and awesome people. I can say for certain no such thing happened with regards to the PC list. With this said, I’m sure quite a good number of your have bought from me (Alex@NoLimitFineWines.com) in the past and for those of you who have not, please feel free to email me if you would like to get on board.

We offer a ton of great wines from all over the world at excellent prices (many times the lowest in the country). Ask around, it’s a fun list to be on (especially if you like hard-to-find California, French, and Italian wines)

Alex Lallos:

Sounds possible! I mine our database for old customers. Lots of people forget they’ve ordered from us way back when. NLFW offers cool stuff and it’s easy to hit unsubscribe (nobody ever does)

That this roger would admit to mining a list of Ponzi scheme victims in a bankruptcy document, or that you would use this thread to try to promote your wine list (twice!), shows me that you are both supreme idiots of the highest order.

i think it’s ingenious. certainly not illegal and as long as they include clear unsubscribe, barely a nuisance.

If Trent is correct, Roger/No Limit Wines would appear to be in violation of California Law. Disclaimer: I am not an attorney.

CALIFORNIA BUSINESS AND PROFESSIONS CODE
DIVISION 7, PART 3, CHAPTER 1
ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers

§ 17529.1
(o) “Unsolicited commercial e-mail advertisement” means a commercial e-mail advertisement sent to a recipient who meets both of the following criteria:

(1) The recipient has not provided direct consent to receive advertisements from the advertiser.

(2) The recipient does not have a preexisting or current business relationship, as defined in subdivision (l), with the advertiser promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit.

§ 17529.4. (a) It is unlawful for any person or entity to collect electronic mail addresses posted on the Internet if the purpose of the collection is for the electronic mail addresses to be used to do either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California.
(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to California electronic mail address.

(b) It is unlawful for any person or entity to use an electronic mail address obtained by using automated means based on a combination of names, letters, or numbers to do either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California.

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address.

(c) It is unlawful for any person to use scripts or other automated means to register for multiple electronic mail accounts from which to do, or to enable another person to do, either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California.

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address.

I would encourage those who believe they have been spammed by No Limit Fine wines to file a report with the CA Attorney General here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company\

Additionally, it may be helpful to alert potential customers via their Yelp page: http://www.yelp.com/biz/no-limit-fine-wines-cloverdale

R_Smith1 · February 6, 2016, 6:05pm

It is astounding that Alex wrote this and then sends PM’s like this:

Alex_Lallos · February 6, 2016, 6:08pm

R. Smith:

Alex Lallos:

That this roger would admit to mining a list of Ponzi scheme victims in a bankruptcy document, or that you would use this thread to try to promote your wine list (twice!), shows me that you are both supreme idiots of the highest order.

Would you say this to my face or do you just sit around on your keyboard hiding behind the veil of the internet and distance to make such comments?

Nobody did anything to you, read the terms of use:

Personal Attacks:

At minimum, personal attacks are subject to deletion. More significant cases are subject to temporary suspensions, or permanent suspensions. Remain civil to one another.

It is astounding that Alex wrote this and then sends PM’s like this:

Alex Lallos:

Subject: Premier Cru Master Complaint Thread (MERGED)

Thanks for your indictment… People purchase email lists all the time. I personally have nothing to do with it and no knowledge of it if anything happened at all. I sell wine to my own clients and have not personally ever purchased email addresses etc.

It’s wine, buddy - Meant to be enjoyed. Get over yourself.

I think I’ll go outside and enjoy my Saturday. Have fun