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livetaswim06

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Reply with quote  #51 
Just want to make it very clear to everyone, I am not suggesting anyone commit a crime. Just want to make that exceptionally clear.
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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
raimeiken

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Reply with quote  #52 
glad to see this topic up to continue the conversation going.
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Peoria, AZ 9b
Nic40

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Reply with quote  #53 
Nobody would be committing a crime. We all have a sales receipt. Way to sound like a yuppie liberal douche
livetaswim06

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Reply with quote  #54 
Nic, you sir, are an ass. Moving on.
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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
CliffH

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Reply with quote  #55 
Quote:
Originally Posted by raimeiken
glad to see this topic up to continue the conversation going.


Why?? Short of an update from James himself, or a report that people are receive their order, I don't any value at all in further comments on this topic. Just a waste of time.

And just for the record, I do have a pending order....


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Texas (N. Houston area) - zone 8b
Wish List: Bass' Fav, Col Littman's Black Cross, Long Yellow, LSU Red, any great Unknowns
livetaswim06

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Reply with quote  #56 
Given that James last updated a few months ago and has yet to speak about anything I am losing faith that this will work out. I was really hoping to eventually put an order in once he got things figured out. 
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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
M_Engr

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Reply with quote  #57 
The temperature is beginning to heat up here in Northeast Ohio. I'm afraid that if I don't get the trees within the next couple weeks, it will be too hot to ship. Well, I'm not even sure if any trees will be shipped at all. Anyone have any luck getting a refund?
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Northeast Ohio - Zone 6B
nunuorig

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Reply with quote  #58 
Go to https://www.ic3.gov/default.aspx and file a complaint.  This could be a federal crime do wire fraud (electronic transfer of money across state lines) as well as theft.

The fact that he is still taking orders and still hasn't delivered for the past year + orders?? And he doesn't respond back??

The guy CONVERTED to a THIEF.

Stop others from getting scammed and notify the proper officials:  https://www.ic3.gov/default.aspx


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USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Koura Black | Paratjal Rimada | Ponte Tresa

Growing: Black Madeira | Black Mission | Desert King | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | Kathleen's Black | LSU Gold | Marseilles White | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Violet de Bordeaux | Violet Sepor | Unk-CVS | Unk-Dominick Italian Purple
Chapman

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Reply with quote  #59 
This is the info I was given when I contacted the Consumer Protection Division for the state of Kansas.  I did not order trees, but I requested information for the people who purchased from James.

If you would like the Consumer Protection Division to investigate the transaction you've had with this company, we ask that you complete the Investigative Request form so we can open a file for you. The Investigative Request form asks the specific questions required for our office to assist you efficiently. You can find this form on our website: http://www.InYourCornerKansas.org. You will see the link to “File a Complaint” mid-way down the page on the left side, right below the pencil. If you have any documents that are relevant in supporting your concerns, please be sure to include copies of these documents with your complaint.

 

While this office is prohibited from researching specific statutes and providing legal advice for private individuals, the Consumer Protection Division is tasked with enforcing the Kansas Consumer Protection Act and does investigate business practices to determine if there is evidence of a violation to this act.

 

We trust this information is useful to you.

 

Sincerely,

 

C. Moe
OFFICE OF THE KANSAS ATTORNEY GENERAL

DEREK SCHMIDT

120 S.W. 10th, Ste 430

Topeka KS 66612
(785) 296-3751 - Phone    (785) 291-3699 - Fax  

cprotect@ag.ks.gov - Email  

http://www.InYourCornerKansas.org - Website

 

*This office is unable by law to represent individuals.  As a result, if you believe you have a matter requiring legal assistance or advice, you should seek the assistance of a private attorney.


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South Louisiana, Zone 9a
figsharvester

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Reply with quote  #60 
I guess I am not the only one sadly disappointed about not receiving any of the orders that I placed.
The owner has not answered my email inquiry about the 3 different orders I placed in April, October and November of 2016.
What is really infuriating is that this guy has not bothered to keep anyone posted on what is going on. I am starting to think this is a total scam. Now he is taking orders for October shipments? Ha! Really!!!
nunuorig

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Reply with quote  #61 
https://www.ic3.gov/default.aspx
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USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Koura Black | Paratjal Rimada | Ponte Tresa

Growing: Black Madeira | Black Mission | Desert King | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | Kathleen's Black | LSU Gold | Marseilles White | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Violet de Bordeaux | Violet Sepor | Unk-CVS | Unk-Dominick Italian Purple
TammRose

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Reply with quote  #62 
I contacted the Kansas Attorney General's office and they informed me that James has not responded to them even though they also have tried emailing and calling him several times.  They are now sending him a formal complaint through the mail.
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always looking for any unique fruit trees that will grow in zone 7a (Maryland) ;-)
hakkamike

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Reply with quote  #63 
He is too busy getting ready to pack and ship trees.
Deagan

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Reply with quote  #64 
Where do you get the info from Hakkamike?
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Di Reagan
figsharvester

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Reply with quote  #65 
Does "James" have a last name?
Chapman

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Reply with quote  #66 
GreenFin Gardens/Kansas Tilapia
James Sperman
3935 Flush Road
St. George, KS 66535-9614

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South Louisiana, Zone 9a
figeater

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Reply with quote  #67 
Quote:
Originally Posted by hakkamike
He is too busy getting ready to pack and ship trees.
 I almost choked when I read your post.  HaHa!

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Casey
Battle Ground, Wa /Zone 8a  

jacqaz

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Reply with quote  #68 
Can you imagine me glaring and fuming at the screen, when I received an email newsletter update for his fig greenhouse update yesterday...

Screenshot 2017-06-19 05.46.39.png 


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Jacq - Epic Yard Farm 
Arizona, Zone 9b

Growing: Violette de Bordeaux, Texas Blue Giant, Panache / Tiger, LSU Purple, Unknown Black/Purple

Wishlist: Black Madeira, Nixon, Golden Riverside, Ponte Tresa, Smith, Martinenca Rimada

https://www.facebook.com/epicyardfarm

helike13

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Reply with quote  #69 
Since he offered his cuttings to int'l buyers this case is considered a worldwide scam...
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My varieties:

Baracska [P], Tihany [P], Gustissimo® Peretta [P], Dark Portuguese Unk [P], Zidi (UCD) [S], UK Purple [C], Black Bursa [S], Roscoff [PC], Capri UNK [C], Black Malta [P], Panachee Tiger [P], Feng Chan Huang [P], Iraqi (Palmata Hybrid) [P], Ice Crystal [S], Ficus racemosa, De la Reina (MP) [P], Doree Goutte d'Or [P]
raimeiken

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Reply with quote  #70 
yeah just saw his latest update on his website, but no word on shipping anything. How frustrating! there's no way he's not aware of how pissed off people are at him for the lack of word or trees promised. or does he have another excuse in store for us? I wonder how many other toes he's broken since the last update? hmmmmmm
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Peoria, AZ 9b
Ortegojeffrey

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Reply with quote  #71 
The Kansas state attorney's office is recommending that everyone effected file a complaint with their office to get an accurate view of the situation. They have already tried contacting James on behalf of the members of the group who have already filed their complaints.
Ortegojeffrey

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Reply with quote  #72 
Although I am not recommending one way or another. That's just the information I was told.
nunuorig

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Reply with quote  #73 
Quote:
Originally Posted by Ortegojeffrey
The Kansas state attorney's office is recommending that everyone effected file a complaint with their office to get an accurate view of the situation. They have already tried contacting James on behalf of the members of the group who have already filed their complaints.


This information is completely different from what I was told the first time I contacted the state attorney.  Therefore, I called them again to confirm your information.

I just got off the phone the Kansas Attorney General, office of Derek Schmidt:
120 SW 10th Ave., 2nd Floor
Topeka, KS 66612
(785) 296-2215
1-888-428-8436

I was specifically told not to contact them.  Furthermore, I was told all legal matters need to go through your appropriate law enforcement office, especially if they are not yet prosecuting a case.  If this is of a consumer matter, I was directed to contact the consumer protection hotline at 1-800-432-2310.  If this is of a criminal matter, I should contact my local police department.  I explained the issue, and the lady once again, as I have previously noted, referred to filing a complaint to the FBI via: http://www.ic3.gov

If in fact law enforcement finds a need for prosecution, the case then would be referred to the district attorney for prosecution.


UPDATE:
I just received a call back from the consumer protection division, and was asked to submit a complaint to:
http://ag.ks.gov/file-a-complaint/consumer

Additionally, I was asked to file a complaint also to:
https://www.ic3.gov/default.aspx


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USDA Zone: 7
Wish list: Col de Dama Roja | Col de Dame Gris | Galicia Negra | Koura Black | Paratjal Rimada | Ponte Tresa

Growing: Black Madeira | Black Mission | Desert King | I-258 | Improved Celeste | Iranian White | Izbat An Naj | JH Adriatic | Kathleen's Black | LSU Gold | Marseilles White | Raspberry Latte | Red Libya | Ronde de Bordeaux | Panche | Sao Miguel Roxo | Sefrawi | Strawberry Verte | Violet de Bordeaux | Violet Sepor | Unk-CVS | Unk-Dominick Italian Purple
Sas

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Reply with quote  #74 
Quote:
Originally Posted by CliffH


Why?? Short of an update from James himself, or a report that people are receive their order, I don't "see" any value at all in further comments on this topic. Just a waste of time.

And just for the record, I do have a pending order....



Well said Cliff.


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Sas from North Austin TX Zone 8B

figsharvester

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Reply with quote  #75 
Just went to see the 06/17/2017 update at http://www.figcuttings.com
What update? How is putting up the same exact pictures, in the same exact order as the earlier 03/13/2017 post an update now? I guess he's selling Bonsai fig trees, because they ain't growing. This reeks...
OldOneEye

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Reply with quote  #76 
Quote:
Originally Posted by figsharvester
Just went to see the 06/17/2017 update at http://www.figcuttings.com
What update? How is putting up the same exact pictures, in the same exact order as the earlier 03/13/2017 post an update now? I guess he's selling Bonsai fig trees, because they ain't growing. This reeks...


They don't look like the same pictures.  It looks like a more recent picture. There is definitely growth.

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blindesign

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Reply with quote  #77 
Quote:
Originally Posted by OldOneEye


They don't look like the same pictures.  It looks like a more recent picture. There is definitely growth.


Rooted cuttings in 16 oz plastic cups that look a couple months old and first leaf trees that look like he's turned them into more mother trees in 3 gallon containers - both not in shipping condition.  Totally unsatisfactory for holding onto our cash for a year IMO.  




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Jennifer
Zone 9b & 10a - Southern California
Wish List: Violeta, Black Ischia, Bordissot Negra Rimada
Growing: Too many
figherder

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Reply with quote  #78 
I hope he has an automatic watering system, otherwise when he gets out of prison all of those trees will be dead. Then again the state will probably take them as evidence and then auction them off after trial.
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Jeff in zone 6a
Wish list
Vista, preto, Sport  from Bellaclare, Brogiotto Nero, Barnisotte, bb10,Ponte Tresa
Yellow neeches,
LSU O rourke

 
 
livetaswim06

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Reply with quote  #79 
At this point I am just curious what he might be doing with all these trees. Obviously he is growing a LOT of figs and by the looks of it has well over 1000 plants. He can't possibly sell them in any volume since people would notice shipments from Kansas and connect the dots. He isn't selling them to other nurseries or else they would be re-selling rare varieties to the public. He probably isn't selling figs themselves at farmers markets since again people would notice. 
A scam like this with 1000s of dollars at stake will lead to prosecution. I just don't understand what he is doing...

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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
figherder

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Reply with quote  #80 
The only logical explanation is he got in over his head and didn't realize how many orders he would really get. Then he took them anyway and at some point realized he couldn't deliver without continuing to make more and more mother trees.

What he should have done was take whatever orders he needed to get this venture off the ground and then stopped there. After that he should have just listed trees he had for sale when he had them.
Initially you would get the deal, after that would be market price.

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Jeff in zone 6a
Wish list
Vista, preto, Sport  from Bellaclare, Brogiotto Nero, Barnisotte, bb10,Ponte Tresa
Yellow neeches,
LSU O rourke

 
 
Ortegojeffrey

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Reply with quote  #81 
No that is incorrect, if he didn't have the money to do this then he shouldn't have started. Period. He never represented that he needed X amount of dollars before he ships orders, it is illegal to use deceit when accepting money from another party especially if a promise has been made to provide a good or service. That is an absurd notion that he can use the first batch of buyers to fund his operation. That is illegal guy.
livetaswim06

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Reply with quote  #82 
I think using funds to help start a business is a good idea as long as you are upfront. This is what kickstarter is and there is nothing inherently illegal about it. Some people have called it a ponzi scheme which it is not. In a ponzi scheme initial investors have to get some return. If this was the case he would have sent some trees to the first buyers so they would talk it up to get more money.

This is simply put a failed business at first. He tried and failed to deliver on his own promises, which he changed with no cares given. In fact he stated himself that trees were set to ship already, this was months ago and nothing was shipped. At this point the failed business has become a con. He built confidence initially by sending good cuttings to people or so I have heard. Once he stopped caring to engage with customers and just post ambiguous updates every couple months, then it was a full on con. If he would just shut the site down, be clear he failed but will either refund you or wait to ship the trees, that would be the honest approach. 

Perhaps he will deliver at some point, but honestly nobody will trust in this venture or he will have to raise prices up to much higher levels. 

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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
Frankallen

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Reply with quote  #83 
Quote:
Originally Posted by livetaswim06
I think using funds to help start a business is a good idea as long as you are upfront. This is what kickstarter is and there is nothing inherently illegal about it. Some people have called it a ponzi scheme which it is not. In a ponzi scheme initial investors have to get some return. If this was the case he would have sent some trees to the first buyers so they would talk it up to get more money.

This is simply put a failed business at first. He tried and failed to deliver on his own promises, which he changed with no cares given. In fact he stated himself that trees were set to ship already, this was months ago and nothing was shipped. At this point the failed business has become a con. He built confidence initially by sending good cuttings to people or so I have heard. Once he stopped caring to engage with customers and just post ambiguous updates every couple months, then it was a full on con. If he would just shut the site down, be clear he failed but will either refund you or wait to ship the trees, that would be the honest approach. 

Perhaps he will deliver at some point, but honestly nobody will trust in this venture or he will have to raise prices up to much higher levels. 


How much Money do you have invested?

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Frank from BamaZone 7-b Alabama

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"Live as if you were to die tomorrow. Learn as if you were to live forever".

Mahatma Gandhi




Ortegojeffrey

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Reply with quote  #84 
Kickstarter is inherently different in that all parties involved are made aware of the nature of the "investment", most often actually a donation. In the case with James, he simply failed to provide a good or service he promised to provide and also accepted money on behalf of that promise in a deceitful nature. I do t know your situation but the rest of us did not agree to donate any amount of money to James. This is a very simple situation and the only ambiguity is in the nature of his deceit. Livetaswim, there's no ambiguity in the law in James' situation, he stole from many people, very simple.
figherder

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Reply with quote  #85 
Quote:
Originally Posted by Ortegojeffrey
No that is incorrect, if he didn't have the money to do this then he shouldn't have started. Period. He never represented that he needed X amount of dollars before he ships orders, it is illegal to use deceit when accepting money from another party especially if a promise has been made to provide a good or service. That is an absurd notion that he can use the first batch of buyers to fund his operation. That is illegal guy.


He was up front about it and thats the reason he was offering 7.00 fig trees

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Jeff in zone 6a
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Vista, preto, Sport  from Bellaclare, Brogiotto Nero, Barnisotte, bb10,Ponte Tresa
Yellow neeches,
LSU O rourke

 
 
Ortegojeffrey

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Reply with quote  #86 
Quote:
Originally Posted by figherder


He was up front about it and thats the reason he was offering 7.00 fig trees
Ortegojeffrey

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Reply with quote  #87 
? The fact that that the plants cost $7 has nothing to do with James not shipping the products when he promised to do so. The cost of the product also has nothing to do with the responsibility James has to each customer. James entered into an agreement with each customer to provide a product on a certain date and failed to do so. What don't you understand?
figsharvester

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Reply with quote  #88 
You are absolutely right OldOneEye! TODAY the pictures are different.
Hahaha! But YESTERDAY he had the same number of pictures up and they were the identical same pictures on both updates and even in the same order.
He must be checking these posts often and realized he got caught. That was a dumb move.
I wish you had seen the website yesterday. I compared the pictures on 2 screens on my computer.
They are still the same pictures today BUT he removed a good number of the pictures he had in the earlier post and left only a few ones where the plants look smaller and made sure to remove these from the "newer update".
Yes, he is keeping an eye on our conversations on this forum, guaranteed!
arachyd

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Reply with quote  #89 
He was NOT "up front" about it. He sold from his site without any warning of it being a starter business. Those of you who keep saying he was honest about it are not considering the many other buyers who did not buy $7 trees advertised in this forum.
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Wish list: Dalmatie, LSU Gold, Ponte Tresa, 豐產黃 (Bountiful Harvest), DC-7

Zone 7b
Rob_Steven

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Reply with quote  #90 
Quote:
Originally Posted by livetaswim06
At this point I am just curious what he might be doing with all these trees. Obviously he is growing a LOT of figs and by the looks of it has well over 1000 plants. He can't possibly sell them in any volume since people would notice shipments from Kansas and connect the dots. He isn't selling them to other nurseries or else they would be re-selling rare varieties to the public. He probably isn't selling figs themselves at farmers markets since again people would notice. 
A scam like this with 1000s of dollars at stake will lead to prosecution. I just don't understand what he is doing...


I said this in January in another thread. I think that James will sell those trees (the rare varieties) to a friend in another State and that friend will sell those rare varieties in ebay for a very nice profit or maybe they will split the profit in half or any kind of business like that. That's one way to sell those trees under the radar.
For the common varieties, which according to James are 30% or the orders, I think those trees will be sold at local nursery for fast money. Maybe I'm completely wrong, but that's the way I see it.


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De La Reina, Marseilles Black VS, Figo Preto, Coll de Dama Roja
Rob_Steven

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Reply with quote  #91 
The updates, are just another trick from James to calm people a little bit and to gain a little bit of more time. But I think people are pissed off and they are tired of fancy pictures, updates and no trees.

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De La Reina, Marseilles Black VS, Figo Preto, Coll de Dama Roja
Lewi

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Reply with quote  #92 
Cut him off from his source of ill gotten gains....

PayPal is aiding and abetting a scam...

File a complaint with https://www.consumerfinance.gov/

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West Florida / Panhandle (Central time). Can get cold for figs...down to 12 F twice in last five years. Zone 8a.

Lewi = Levite
livetaswim06

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Reply with quote  #93 
Quote:
Originally Posted by Frankallen


How much Money do you have invested?


Not that it makes any difference to what I said, but I have absolutely nothing "invested". Why buying a plant would be considered an investment is beyond me.

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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
cdeguida4

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Reply with quote  #94 
Quote:
Not that it makes any difference to what I said, but I have absolutely nothing "invested". Why buying a plant would be considered an investment is beyond me.


in·vest·ment
inˈves(t)mənt/
noun
 
  1. 1.
    the action or process of investing money for profit or material result

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Chris
NE Philadelphia
Wish list: figoin, Fico Preto, any CDD
livetaswim06

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Reply with quote  #95 
Quote:
Originally Posted by cdeguida4


in·vest·ment
inˈves(t)mənt/
noun
 
  1. 1.
    the action or process of investing money for profit or material result


I know perfectly well what an investment is. I question the risk profile of someone investing $100s of dollars into an unproven venture to obtain a plant. Especially if the "investment" is into a business that has a stated goal of selling rooted trees at rock-bottom prices. How exactly would anyone make money on that? 

Theoretically if James had taken off he would be selling everything from figo preto to I258 for $10 bucks and nobody else would be able to compete.

Side note if you had to google what an investment was, you probably are not qualified to discuss it...

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-Anton
Zone: 9b, Santa Clarita Valley, CA
Growing: Panache Tiger, VdB, Burbank & Vineland, Falls Gold, Strawberry Verte, Atreano, Fico Preto, El Molino, Very Unk. Mission
Ortegojeffrey

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Reply with quote  #96 
http://www.wildlife.k-state.edu/kaa/
This is the page for Kansas Aquaculture Association, the directory has phone numbers for board members, president etc. call and blast James' name. These guys need to hear all this too.
HouFig

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Reply with quote  #97 

K-State Extension Wildlife Management

Kansas State University
131 Call Hall
Manhattan, KS 66506

785-532-5734
785-532-5681 fax
clee@k-state.edu

Send them an email and let them know since James (((seller GreenFin))) is very much affiliated here.

Officers

President - Brian Serpan

Vice President - Weston Flemming

Secretary/Treasurer - Bart Hettenbach

Board Members

George Plante
Arnold Eccles
Marty Anderson
James Sperman

Technical and Research Information

Charles Lee
Wildlife Specialist
Kansas State University Research and Extension
131 Call Hall
Manhattan, KS 66506
785-532-5734

 

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Zone 8b 9-ish, Houston Texas
Frankallen

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Reply with quote  #98 
Quote:
Originally Posted by Ortegojeffrey
http://www.wildlife.k-state.edu/kaa/ This is the page for Kansas Aquaculture Association, the directory has phone numbers for board members, president etc. call and blast James' name. These guys need to hear all this too.


Why would a group of people that raise Fish want to hear about Fig Trees....Hello!

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Frank from BamaZone 7-b Alabama

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"Live as if you were to die tomorrow. Learn as if you were to live forever".

Mahatma Gandhi




Ortegojeffrey

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Reply with quote  #99 
He's also claims to grow/sell Tilapia. He's a board member on KAA (fish farming). I assume most people are good honest people, including the members of that group, just like all the members here. James is the exception and many honest people will wisely choose to dissociate themselves from people like James.
Ortegojeffrey

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Reply with quote  #100 
Would you choose to keep a guy like James on a board of directors you were on? Would you recommend him in any form of business? That's why they should be aware of his activities. After he's gone from here he will most likely get into model trains or something else and try to rip off a bunch of model train collectors and they also should know he's a crook.
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