2014 us open unpaid prize money

bondsman said:
I will state in advance that I am not an attorney. Having said that I would point out that Barry Behrman gave bad POST DATED checks. It is not a criminal offense to give a bad post dated check The bad check law pertains to a check that is represented to be good the time it was given. The pure nature of the post dated check explicitly stating that the check is worthless and you are taking this at your own risk.

This is a civil matter. GOOD LUCK because Behrman, who I detest, is likely judgment proof. Plus the checks are likely written on the corporation which insulates Behrman personally. Just my opinion.
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Here is some general information on post dated checks and how the law may apply to them. In many jurisdictions it is in fact still a crime whether it was post dated or not:
http://www.nolo.com/legal-encyclopedia/is-illegal-post-date-check.html

Here are some more details about Virginia bad check laws in particular. Note that if a bad check is over $200 it is a felony. This crime can carry a penalty of up to a $2500 fine, up to 5 years imprisonment, and (per another web site) the person who received the bad check may be able to pursue reimbursement for the amount of the check plus up to three times the amount of the check plus $25. Stiff penalties:
http://koehlerlaw.net/assault-theft/theft-in-virginia/issuing-a-bad-check/

Here are many more details and specifics about the Virginia bad check laws. Pay attention to the page numbers because they are out of order and you will have to jump around to view them in order:
http://www.pwcgov.org/government/dept/police/Documents/005826.pdf

Per the last link, you may be correct in that post dated checks do not fall under the criminal statute in Virginia. However, I don't know that the law would in fact see these prize fund checks as being post dated if the players were made aware in advance that their prizes would not be payed out when they were eliminated from the tournament or on the last day of the tournament but would instead be paid out at a future date. It could be that in this case they aren't even considered to be post dated.

My suggestion is for anyone who has still not been paid in full to contact the police and file a report and they will be able to let you know for sure. Chesapeake, Virginia is where the tournament was held and where the crime, if one occurred, would probably be considered to have happened and they would therefore likely have some or all jurisdiction. The Chesapeake police department can be contacted at:
http://www.cityofchesapeake.net/government/City-Departments/Departments/Police-Department.htm

The police department for Virginia Beach, Virginia (they could possibly also have jurisdiction), where Barry's business is located, can be reached here as needed:
http://www.vbgov.com/government/departments/police/Pages/default.aspx

Aside from only attending future US Open 9 Ball Tournaments only if escrow is used, it also appears that THE PLAYERS SHOULD NOT ACCEPT POST DATED CHECKS at any of Barry's future events so that the avenue of pursuing criminal prosecution will for sure be available to them if Barry somehow manages to bounce more checks even with the prize fund in escrow. And considering Barry's history, you can almost bet on it. If the players had threat of felony criminal prosecution available to them, I bet Barry would find a way to get them paid real quick. Don't accept post dated checks.
 
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This tag line by Poolplaya9 is inaccurate:

"There is one and only one good reason for not being willing to put a tournament prize fund in escrow (to include all guaranteed money as well, otherwise it isn't "guaranteed" at all). Because you want to retain your ability to be able to not pay players, or not pay the full amount of the promised purse. In order words you need to be able to screw any or all the players as you see fit."

True, the above is one reason for not being willing to put money in escrow, however, it's not the only reason. Some are legitimate reasons, for example: In certain international events, the added money does not get passed on to the organizer for distribution to the players until there is assurance that the event has actually taken place and has completed. This is why in some countries other than the U.S., the funds are wired to the players after the event has finished.
 
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FranCrimi said:
This tag line by Poolplaya9 is inaccurate:

"There is one and only one good reason for not being willing to put a tournament prize fund in escrow (to include all guaranteed money as well, otherwise it isn't "guaranteed" at all). Because you want to retain your ability to be able to not pay players, or not pay the full amount of the promised purse. In order words you need to be able to screw any or all the players as you see fit."

True, the above is one reason for not being willing to put money in escrow, however, it's not the only reason. Some are legitimate reasons, for example: In certain international events, the added money does not get passed on to the organizer for distribution to the players until there is assurance that the event has actually taken place and has completed. This is why in some countries other than the U.S., the funds are wired to the players after the event has finished.
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Considering Barry's horrible past history concerning payments, can you think of any good reason for Barry to not be willing to put all prize monies in escrow for any of his events held in the United States?
 
itsfroze said:
What’s your agenda, you sure you're not CW ???
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Learn to read, I already answered that question the last time you asked it.

Generally it is thieves that have the problem with people trying to stop thievery or draw attention to it. So I guess the real question should be just what is your agenda?
 
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itsfroze said:
What’s your agenda, you sure you're not CW ???
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I have already pointed out that I am not an attorney. My username was not chosen at random, I deal with the courts daily and people accused of writing bad checks. The laws are written by the general assembly of VA. The law id applied in every jurisdiction the same

In order to be criminal act the presenter of the check MUST represent the check as genuine and valid at the time it was issued. I may be living in the Philippines but I wrote bail in Virginia for 15 years. No exception in the law for poolplayers.
 
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itsfroze said:
I can read just fine, I was pointing out how overzealous you seem.
Learn to read between the lines. :D



PS. To Bondsman, no biggie.
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I lived in NYC for years and want to ask if know Skeeter from Harlem. I am in the Philippines and I want to call him.
 
itsfroze said:
I can read just fine, I was pointing out how overzealous you seem.
Learn to read between the lines. :D
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Honest people don't generally have any problem with the attempt to expose or control theft or other misdeeds, whether those attempts are zealous or not. In fact they tend to see it as the more zealous the better. It is usually only the dishonest that have issue with such things, for obvious reasons. I'm not necessarily making an insinuation about you, but pointing out that you might want to examine your own real true motivations and think this one through a little bit better.
 
itsfroze said:
I in no way condone the way things have been going with payouts the last several
years, but I ask are we better off without the U.S. Open 9-Ball Championship.
Are the players better off, are the fans better off ? Is Pool better off with the most
prestigious longest running Pool tournament in the U.S. and maybe the World gone ?
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Sadly at this point the answer to your questions is YES. Some things need to die in order for others to live.

JC
 
itsfroze said:
I in no way condone the way things have been going with payouts the last several
years, but I ask are we better off without the U.S. Open 9-Ball Championship.
Are the players better off, are the fans better off ? Is Pool better off with the most
prestigious longest running Pool tournament in the U.S. and maybe the World gone ?
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As JC said above, in my opinion the answer is YES. Once we are at the point where we are willing to accept these types of business practices, and these type of people involved in our sport, there is no hope left of any sort for us or pool. We must continue to weed out and rid ourselves of the unscrupulous, or at least make it to where they can no longer lie and steal even if they are still involved (like insisting on having the full prize fund escrowd and in control of someone trustworthy, or we don't play/go/watch). I don't think this tournament would ever go away anyway. Somebody else would step in and do it. But even if it did go away, as much as it would hurt, it would be better for everybody in the long run.

itsfroze said:
What I'd like to know is just exactly what the role of the WPA is other than collecting
sanctioning fees ? I seem to think that they would have a tremendous amount of leverage
with Barry in seeing that he escrows the funds for the 40th Open if he wants it sanctioned.
In fact why didn't they flex some of their muscle when they agreed to sanction the 39th Open ?
Doesn't the WPA's role include any responsibility to protect the players, by making sure that
the monies said to be there to gain their sanctioning, are actually there to pay the players ?
If not why not ?
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Now these are some fantastic questions, and ones I would like answers on as well. You know, I was wondering if the WPA is even fully aware of all the shenanigans Barry has been pulling over the years? Anybody know? Being somewhat insulated from the US pool community could it be possible that they don't fully even know what it going on? If so, they need to be caught up to date and fully informed about just how bad it has been.
 
Poolplaya9 said:
Now these are some fantastic questions, and ones I would like answers on as well. You know, I was wondering if the WPA is even fully aware of all the shenanigans Barry has been pulling over the years? Anybody know? Being somewhat insulated from the US pool community could it be possible that they don't fully even know what it going on? If so, they need to be caught up to date and fully informed about just how bad it has been.
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i need to rephrase my post from last night, please -

what can the AZB FANS herein, do, to make a change?
how can we, as AZBers, help the OP?

we have the phone # for Q Masters.
we have the phone # for Barry's office.
we have Barry's cell #.
we have Barry's home #.
we have Barry's email #.

there's power, in #'s....
Barry doesn't read AZBilliards, nor care - that's what he hired Roberta & Jay for. in addition to typing our frustrations, how about everyone pick up their phones?

and if calling the WPA m-i-g-h-t help, then call them, too!

the Open can't exist without its fans.
 
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sopadre said:
I don't understand this.We have seen this idiot screw people for years and nobody does anything about it.The first time it would happen down here,Barry would be visited by a committee to convince him to pay up immediately.If he refused he would be given a free 20 mile swim in the GULF.Unfortunately a situation we see very often down here.
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Man, you're watching too many "gansta" movies...
 
Poolplaya9 said:
Now, how do we prevent Barry from ever being able to do this again? I say fans, players and employees alike should insist on escrow from here on out or boycott watching, playing, or working it. What is your suggestion?
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So, should us fans, players, and/or employees go over to Q-Master, and obligate Barry, maybe at gunpoint, that he must put all funds in Escrow, or else?
 
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Poolplaya9 said:
You know, I was wondering if the WPA is even fully aware of all the shenanigans Barry has been pulling over the years? Anybody know? Being somewhat insulated from the US pool community could it be possible that they don't fully even know what it going on? If so, they need to be caught up to date and fully informed about just how bad it has been.
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...no phone number but you may contact the WPA here: http://wpa-pool.com/web/contact
 
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