Scammed by US Raceteam! Help!
#61
Look, we all know who you're talking about, but not once yet have I seen the words Daredevil, nor Scott Rutherford uttered by the thread starter. It would be a huge favor to yourself and to the rest of us, if you'd just come out and say it. Enough guessing and innuendo. Your 24 hours are almost up.
On your second point regarding the organizer's responsibility in all of this....I'm no lawyer, but I would say that the organizers/organization have no responsibility in this. All race teams are pay-to-play, self-interested parties. Your contract was between the race TEAM and yourselves. If your TEAM failed to deliver what you paid for, then it's between you and them. The race still went on.
In the end, I sympathize with your situation and I'm sorry that you got screwed over.
On your second point regarding the organizer's responsibility in all of this....I'm no lawyer, but I would say that the organizers/organization have no responsibility in this. All race teams are pay-to-play, self-interested parties. Your contract was between the race TEAM and yourselves. If your TEAM failed to deliver what you paid for, then it's between you and them. The race still went on.
In the end, I sympathize with your situation and I'm sorry that you got screwed over.
catastrophe
My suggestion to you is donate some money and see if you get scammed. The way I see it, you already have a Doctorate in donating money to scam artists, so it should be a breeze for you.
Big Andy
#62
This guy doesn't appear to be from the U.S., so, it would be safe to say that he doesn't know and/or understand how our laws work here. He is being very careful as to handle it in a proper manner. It seems that the guy is going about it the right way and not coming out of the gate with accusations. He says he has asked SpeedGirl for assistance in how and the manner of handling this.
catastrophe
My suggestion to you is donate some money and see if you get scammed. The way I see it, you already have a Doctorate in donating money to scam artists, so it should be a breeze for you.
Big Andy
catastrophe
My suggestion to you is donate some money and see if you get scammed. The way I see it, you already have a Doctorate in donating money to scam artists, so it should be a breeze for you.
Big Andy

But I already have my diploma, so I'll pass.
The gentleman has been instructed to post his info and hasnt so I suspect this thread will be locked as said.
No one still knows which of the 3 names the poster is and hasnt said himself who hurt him or how, and hasnt quantified his loss.
If , for example , he said at some point , that he was a racer and wanted to operate the boat and forwarded a deposit to start conversation re the subject and then admitted he was a CAR racer and had never been in a boat, I can see where an argument would ensue. Not saying that is the case but , who knows ???
The last word in the title of his thread is HELP. He isnt providing enough info to enable anyone to help him.
If he's out $ 500.00, perhaps people will let this whole subject slip to the next page.
#63
#64
Registered
Joined: May 2007
Posts: 25
Likes: 0
Hi,
I want to back this up a bit here to support Petri, I'm Gino from Belgium and been racing for many years. I have been scammed by the same person we all know. I was scammed for 8k and assumed I was racing the last 3 races in 2010 and this season. As I live 1/2 in the US and Belgium I started an LLC and it clearly saying that he cant make any dessicions "uppon written agreement from the two parties". Like already mentioned before it wouldent be a smart thing to do if we posted contracts onhere as we dont know the US law, and I will be happy to post all evidence after I have filed a court case against this man. The money is lost and gone and I only want to inform people/fellow racers to be aware of people like that .. stealing money to race OPA/SBI. This forum is for us a good platform to inform and aware people that they dont go on the same route as we did. I have racet P1 in EVO for many years and as an European it would just have been awsome to do the worlds in KW once in my life ... meeting the wrong people shattered that dream for me.
We dont want to be the bad guys here not posting evidence yet, and I hope you all understand that It could be used against me in Court .. if not .. I'll be happy to aswer all questions needed. All we basicly want is to stop that man from scamming other racers, and finaly ban him from racing global .. dont care about the money .. I care about the sport !
I want to back this up a bit here to support Petri, I'm Gino from Belgium and been racing for many years. I have been scammed by the same person we all know. I was scammed for 8k and assumed I was racing the last 3 races in 2010 and this season. As I live 1/2 in the US and Belgium I started an LLC and it clearly saying that he cant make any dessicions "uppon written agreement from the two parties". Like already mentioned before it wouldent be a smart thing to do if we posted contracts onhere as we dont know the US law, and I will be happy to post all evidence after I have filed a court case against this man. The money is lost and gone and I only want to inform people/fellow racers to be aware of people like that .. stealing money to race OPA/SBI. This forum is for us a good platform to inform and aware people that they dont go on the same route as we did. I have racet P1 in EVO for many years and as an European it would just have been awsome to do the worlds in KW once in my life ... meeting the wrong people shattered that dream for me.
We dont want to be the bad guys here not posting evidence yet, and I hope you all understand that It could be used against me in Court .. if not .. I'll be happy to aswer all questions needed. All we basicly want is to stop that man from scamming other racers, and finaly ban him from racing global .. dont care about the money .. I care about the sport !
#65
Banned
Joined: Oct 2006
Posts: 5,844
Likes: 0
From: Bradenton Florida
My suggestion is to forward the information to Speedgirl, myself or another moderator. Let us review it for accuracy and then we can either shut the thread down or leave it up based on what we find. This way you do not have to worry about posting information that you feel will be held against you in court.
Jon
Jon
Petri is kind of also correct but we indeed had 2 deals and he owed me 950 USD on the second one that he did not want to pay me so i kept the 1K and told him the race is off....if he still wanted to race, then he would have to pay me !
I WONDER WHERE ALL THIS IS CALLED SCAM ?
I really can't wait for either of them to sue me because i will get some funding then.
That i race with theyr money is absurt, because the driver i have now pays the bills !
I can't post on here but i know u can read it as MODERATOR ..and i am happy to e-mail you the contract and e-mails i have !
Scott
#66
Read the post. It is all there published....................Didn't post the last part within the PDF......................
http://www.boatmad.com/forum/showpos...0&postcount=22
OPERATING AGREEMENT
DARE DEVIL RACING LLC
A Member-Managed Florida Limited Liability Company
A. Preliminary Provisions
1. Effective Date
This Operating Agreement of Dare Devil Racing LLC, effective September 8, 2010 is adopted by
the members whose signatures appear at the end of this agreement.
2. Formation
This Limited Liability Company (LLC) was formed by filing the Articles of Organization with the
state of Florida and the legal existence of this LLC commenced on the date of such filing.
3. Name
The formal name of this LLC is as stated above. However, this LLC may do business under a
different name by complying with the state’s fictitious or assumed business name statutes.
4. Registered Office and Registered Agent
The registered office of this LLC is:
6439 Georgia Avenue
Bradenton, FL 34207
The registered agent for this LLC is :
Christina Wrieden LLC
250 S. Ocean BLVD # 254
Delray Beach, FL 33483
The registered and/or office may change from time to time as the members may see fit, by filing a
change of registered agent or office statement with the state’s LLC filing office.
5. Business Purpose
The specific business purposes and activities of this LLC consist of the following:
Power Boat Racing
6. Duration of LLC
The duration of this LLC shall last until November 30, 2011, after the end of 2011 racing season
and shall be terminated when a proposal to dissolve the LLC is adopted by the membership of this
LLC or in accordance with law. Alternatively, the LLC may perpetuate for a longer period if
unanimously approved by its members and recorded and amended Operating Agreement filed.
B. Membership Provisions
1. Non-Liability of Members
No member of this LLC shall be personally liable for the expenses, debts, obligations or liabilities
of the LLC, or for claims made against it.
2. Reimbursement for Organizational Costs
Members shall be reimbursed by the LLC for Organizational expenses paid by the members. The
LLC shall be authorized to elect to deduct organizational expenses and start–up expenditures ratably
over a period of time as permitted by the Internal Revenue Service.
3. Management
The LLC shall be managed exclusively by all of its members.
4. Members’ Capital Contribution and Title to Interest
Scott F. Rutherford shall contribute and retain rights and title to ownership of the race boat and all
boating/racing equipment as an initial investment and Gino Passchier shall contribute a capital
outlay in the amount of $ 8,000.00. All further team expenses shall be divided equally between the
two members upon written agreement between both parties only. All capital contributions are
considered invested or payable on the execution date of this agreement.
5. Membership Voting
Both members have equal 50/50 voting rights to the LLC and 50/50 team ownership rights.
6. Compensation
Members shall not be paid a compensatory fee however any LLC profits, prize money, winnings or
non-member-driver fees paid will be split equally 50/50 between the two members by unanimous
agreement and after expenses to the LLC are paid.
7. Member’s Meetings
Members of the LLC shall call a meeting at any time with unanimous consent or by any member in
writing to the other member given a 10 (ten) calendar day notice. The meeting may be held via any
technology agreed by both members and minutes of the meetings kept in accordance and filed in the
LLC’s records book after the meeting.
8. Admission of New Members
Shall be granted by unanimous vote of all the members.
C. Tax and Financial Provisions
1. Tax Classification of LLC
The members of this LLC intend that this LLC be initially classified as a Partnership for federal tax
purposes and both members taxed of equal amounts of any prize money, winnings or profits.
2. Tax Year and Accounting Method
The tax year of this LLC shall end on the last day of the month of December. The LLC may choose
its method of accounting in accordance to unanimous vote.
3. Bank Accounts
The LLC shall designate one or more banks or other institutions for the deposit of the funds of the
LLC and shall establish checking, savings, investment and other such accounts as are reasonable
and necessary for its business and day to day operations. The funds of the LLC however and
wherever deposited or invested shall not be commingled with the personal funds of any members of
the LLC. Any amount withdrawn for expenses of the LLC must be signed by both members when
the amount is over $500.00. All expenses must be agreed upon by both members unanimously in
writing and to to be filed with accounting records.
D. General Provisions
1. Records
The LLC shall keep at its principal place of business address a copy of all proceedings of
membership meetings, books of account of the LLC’s financial transactions, a list of the names and
addresses of the current members of the LLC, copies of the LLC’s Articles of Organization, a
signed copy of this agreement and the LLC’s tax returns shall be maintained at this address.
2. Mediation and Arbitration of Disputes among Members
In any dispute over the provisions of this Operating Agreement and in other disputes among the
members, if the members cannot resolve the dispute to their mutual satisfaction, the matter shall be
submitted to mediation. The terms and procedure for mediation shall be arranged by the parties to
the dispute. If good-faith mediation of a dispute proves impossible or if an agreed-upon mediation
outcome cannot be obtained, the dispute maybe submitted to arbitration in accordance with the rules
of the American Arbitration Association. Any party may commence arbitration of the dispute by
sending a written request for arbitration to all parties to the dispute and shall state the nature of the
dispute to be resolved by arbitration and if all the parties agree to arbitration, arbitration shall be
commenced as soon as practical after all parties receive a copy of the written request. All parties
shall initially share the cost of arbitration, but the prevailing party or parties may be awarded
attorney fees, cost and other expenses of arbitration. All arbitration decisions shall be final, binding
and conclusive on all the parties to arbitration, and legal judgment may be entered upon such
decision in accordance with applicable law in any court having jurisdiction.
5. Entire Agreement
http://www.boatmad.com/forum/showpos...0&postcount=22
OPERATING AGREEMENT
DARE DEVIL RACING LLC
A Member-Managed Florida Limited Liability Company
A. Preliminary Provisions
1. Effective Date
This Operating Agreement of Dare Devil Racing LLC, effective September 8, 2010 is adopted by
the members whose signatures appear at the end of this agreement.
2. Formation
This Limited Liability Company (LLC) was formed by filing the Articles of Organization with the
state of Florida and the legal existence of this LLC commenced on the date of such filing.
3. Name
The formal name of this LLC is as stated above. However, this LLC may do business under a
different name by complying with the state’s fictitious or assumed business name statutes.
4. Registered Office and Registered Agent
The registered office of this LLC is:
6439 Georgia Avenue
Bradenton, FL 34207
The registered agent for this LLC is :
Christina Wrieden LLC
250 S. Ocean BLVD # 254
Delray Beach, FL 33483
The registered and/or office may change from time to time as the members may see fit, by filing a
change of registered agent or office statement with the state’s LLC filing office.
5. Business Purpose
The specific business purposes and activities of this LLC consist of the following:
Power Boat Racing
6. Duration of LLC
The duration of this LLC shall last until November 30, 2011, after the end of 2011 racing season
and shall be terminated when a proposal to dissolve the LLC is adopted by the membership of this
LLC or in accordance with law. Alternatively, the LLC may perpetuate for a longer period if
unanimously approved by its members and recorded and amended Operating Agreement filed.
B. Membership Provisions
1. Non-Liability of Members
No member of this LLC shall be personally liable for the expenses, debts, obligations or liabilities
of the LLC, or for claims made against it.
2. Reimbursement for Organizational Costs
Members shall be reimbursed by the LLC for Organizational expenses paid by the members. The
LLC shall be authorized to elect to deduct organizational expenses and start–up expenditures ratably
over a period of time as permitted by the Internal Revenue Service.
3. Management
The LLC shall be managed exclusively by all of its members.
4. Members’ Capital Contribution and Title to Interest
Scott F. Rutherford shall contribute and retain rights and title to ownership of the race boat and all
boating/racing equipment as an initial investment and Gino Passchier shall contribute a capital
outlay in the amount of $ 8,000.00. All further team expenses shall be divided equally between the
two members upon written agreement between both parties only. All capital contributions are
considered invested or payable on the execution date of this agreement.
5. Membership Voting
Both members have equal 50/50 voting rights to the LLC and 50/50 team ownership rights.
6. Compensation
Members shall not be paid a compensatory fee however any LLC profits, prize money, winnings or
non-member-driver fees paid will be split equally 50/50 between the two members by unanimous
agreement and after expenses to the LLC are paid.
7. Member’s Meetings
Members of the LLC shall call a meeting at any time with unanimous consent or by any member in
writing to the other member given a 10 (ten) calendar day notice. The meeting may be held via any
technology agreed by both members and minutes of the meetings kept in accordance and filed in the
LLC’s records book after the meeting.
8. Admission of New Members
Shall be granted by unanimous vote of all the members.
C. Tax and Financial Provisions
1. Tax Classification of LLC
The members of this LLC intend that this LLC be initially classified as a Partnership for federal tax
purposes and both members taxed of equal amounts of any prize money, winnings or profits.
2. Tax Year and Accounting Method
The tax year of this LLC shall end on the last day of the month of December. The LLC may choose
its method of accounting in accordance to unanimous vote.
3. Bank Accounts
The LLC shall designate one or more banks or other institutions for the deposit of the funds of the
LLC and shall establish checking, savings, investment and other such accounts as are reasonable
and necessary for its business and day to day operations. The funds of the LLC however and
wherever deposited or invested shall not be commingled with the personal funds of any members of
the LLC. Any amount withdrawn for expenses of the LLC must be signed by both members when
the amount is over $500.00. All expenses must be agreed upon by both members unanimously in
writing and to to be filed with accounting records.
D. General Provisions
1. Records
The LLC shall keep at its principal place of business address a copy of all proceedings of
membership meetings, books of account of the LLC’s financial transactions, a list of the names and
addresses of the current members of the LLC, copies of the LLC’s Articles of Organization, a
signed copy of this agreement and the LLC’s tax returns shall be maintained at this address.
2. Mediation and Arbitration of Disputes among Members
In any dispute over the provisions of this Operating Agreement and in other disputes among the
members, if the members cannot resolve the dispute to their mutual satisfaction, the matter shall be
submitted to mediation. The terms and procedure for mediation shall be arranged by the parties to
the dispute. If good-faith mediation of a dispute proves impossible or if an agreed-upon mediation
outcome cannot be obtained, the dispute maybe submitted to arbitration in accordance with the rules
of the American Arbitration Association. Any party may commence arbitration of the dispute by
sending a written request for arbitration to all parties to the dispute and shall state the nature of the
dispute to be resolved by arbitration and if all the parties agree to arbitration, arbitration shall be
commenced as soon as practical after all parties receive a copy of the written request. All parties
shall initially share the cost of arbitration, but the prevailing party or parties may be awarded
attorney fees, cost and other expenses of arbitration. All arbitration decisions shall be final, binding
and conclusive on all the parties to arbitration, and legal judgment may be entered upon such
decision in accordance with applicable law in any court having jurisdiction.
5. Entire Agreement
#67
Registered
Joined: Jun 2006
Posts: 114
Likes: 0
From: England
Im not defending Mr. Rutherford (he comes across as a bit of a chin scratcher if you ask me), but i have been reading yours and others bleatings on this Forum and Boatmad.com for the last seven months and I am starting to wonder why you have taken no action against this man to date?
If you have a case then please chase it through the proper channels.
#68
Just to remain impartial ......On there also ...............
OK COOKIE, i realy dont have to but i will post my complete side of the story about Gino !!!!!!!!!!!
Attensions wehre : to race together and have fun and kick ass ( no doubt )
So, Gino wrote a contract and paid me $ 8 K, in the same week he added his GF on to the LLC ( i told him not correct and to please take her off ) he said ok, will do ! He never did , instead he came up with excuses to not take her off.
Farther more he stayed with me for about 4-5 days, because she trew him out and i drove 4 hours to pick him up. ( PRIVATE ,,,,i understand ).
While he was here, he realy didn't help anything and only texted and e-mailed back and fort to get back to her...lots of childish un manfull things ...( not my problem ) !!
Meanwhile it was clear that Gino needed to go to Belgium because his 90 day visa was over and he could not make Clearwater and Orange Beach race !!!!
( his own words ) ,,,,so i found a paing driver for us to jump in ...then after all said and done i asked him for 50% share to get the boat ready, which we agreed on !!!!!!!
All of the sudden he called me and said hey , tell the driver for Orange Beach that i will fly over early and there is no need for him ( after this guy already paid some money upfront and made arangements ( hotel and sofort )... i told Gino that i will not do that and break my word and we need the money for KW. I again reminded him to take his GF off the LLC document, still nothing ..on top off that he started to call me a scammer and all kind of stuff because i would not tell the other guy to not do Orange Beach.
He then even contacted this person and told him to screw me and just not show up with the remainder of the money agreed on . ( nice partner ).
Meanwhile i stuck a bunsh of money in the boat and collected receipts, Gino still did not turn 1 wrench or paid 1 cent torward getting the boat ready, he did not search for sponsors or did anything. ( oh, he did claim he has a sponsor and would send me the conformation e-mail from him ...dont have it yet ).
Then it got into a pissing match because of his GF and she would stay on the document because he wanted this so ??? ok, not me !!!!!!
So by that time he e-mailed me all kind off BS...he wanted his investment back , he would kill me , he would make shure i cant race any where and that he would sue me and destroy the DAREDEVIL TEAM ( he is 50% partner we all remember that ??!!! )
After all that he started to try a different route and told me " look , lets leave all this behind and have fun like we planed and kick ass in KW " ??????!!
I told him shure, if u take your GF off the paperwork and pay 50% of what i am out ( we agreed on that, remember )...
also before , i forgot ...he said his sponsor would be his sponsor , not the teams sponsor and would only pay if HE would be in the boat ....i told him then, well u know if u have a sponsor for u and i have a sponsor for OUR team..something is not sounding right ?!!!!!
But again, absolutley 0 efforts where made from him to follow up on his agreement and to take his GF off the LLC, a matter of fact , he then changed his aditude agian and threatent me more with ..he is going to sue me ..and he wants to see all the receipts in court and so on .....
Up untill now, i 100% followed everything we agreed on..but after all that and both of us had no money to do KW i had to do whats best for the LLC and rent the seat out to do KW.
He then changed again and said hey, why dont i stay home and he can take MY boat and do these races !!! EXCUSE ME ?????????
After i told him not in this life,,and to read his contract...he even more threatent me and started all kind of BS including lies and nasty e-mails and such...
SO , AFTER ALL THIS ... WOULD U CONSIDER HIM A PARTNER ?????????
I cant wait for court to decide what is goin to happen , but i can tell u right now what 4 different laywers told me here in the US...after they read all the things on here, other websites, facebook pages, and e-mails ......there answer was , HE BETTER HAVE HIS CHECKBOOK WITH HIM !!!!!!!!
OK COOKIE, i realy dont have to but i will post my complete side of the story about Gino !!!!!!!!!!!
Attensions wehre : to race together and have fun and kick ass ( no doubt )
So, Gino wrote a contract and paid me $ 8 K, in the same week he added his GF on to the LLC ( i told him not correct and to please take her off ) he said ok, will do ! He never did , instead he came up with excuses to not take her off.
Farther more he stayed with me for about 4-5 days, because she trew him out and i drove 4 hours to pick him up. ( PRIVATE ,,,,i understand ).
While he was here, he realy didn't help anything and only texted and e-mailed back and fort to get back to her...lots of childish un manfull things ...( not my problem ) !!
Meanwhile it was clear that Gino needed to go to Belgium because his 90 day visa was over and he could not make Clearwater and Orange Beach race !!!!
( his own words ) ,,,,so i found a paing driver for us to jump in ...then after all said and done i asked him for 50% share to get the boat ready, which we agreed on !!!!!!!
All of the sudden he called me and said hey , tell the driver for Orange Beach that i will fly over early and there is no need for him ( after this guy already paid some money upfront and made arangements ( hotel and sofort )... i told Gino that i will not do that and break my word and we need the money for KW. I again reminded him to take his GF off the LLC document, still nothing ..on top off that he started to call me a scammer and all kind of stuff because i would not tell the other guy to not do Orange Beach.
He then even contacted this person and told him to screw me and just not show up with the remainder of the money agreed on . ( nice partner ).
Meanwhile i stuck a bunsh of money in the boat and collected receipts, Gino still did not turn 1 wrench or paid 1 cent torward getting the boat ready, he did not search for sponsors or did anything. ( oh, he did claim he has a sponsor and would send me the conformation e-mail from him ...dont have it yet ).
Then it got into a pissing match because of his GF and she would stay on the document because he wanted this so ??? ok, not me !!!!!!
So by that time he e-mailed me all kind off BS...he wanted his investment back , he would kill me , he would make shure i cant race any where and that he would sue me and destroy the DAREDEVIL TEAM ( he is 50% partner we all remember that ??!!! )
After all that he started to try a different route and told me " look , lets leave all this behind and have fun like we planed and kick ass in KW " ??????!!
I told him shure, if u take your GF off the paperwork and pay 50% of what i am out ( we agreed on that, remember )...
also before , i forgot ...he said his sponsor would be his sponsor , not the teams sponsor and would only pay if HE would be in the boat ....i told him then, well u know if u have a sponsor for u and i have a sponsor for OUR team..something is not sounding right ?!!!!!
But again, absolutley 0 efforts where made from him to follow up on his agreement and to take his GF off the LLC, a matter of fact , he then changed his aditude agian and threatent me more with ..he is going to sue me ..and he wants to see all the receipts in court and so on .....
Up untill now, i 100% followed everything we agreed on..but after all that and both of us had no money to do KW i had to do whats best for the LLC and rent the seat out to do KW.
He then changed again and said hey, why dont i stay home and he can take MY boat and do these races !!! EXCUSE ME ?????????
After i told him not in this life,,and to read his contract...he even more threatent me and started all kind of BS including lies and nasty e-mails and such...
SO , AFTER ALL THIS ... WOULD U CONSIDER HIM A PARTNER ?????????
I cant wait for court to decide what is goin to happen , but i can tell u right now what 4 different laywers told me here in the US...after they read all the things on here, other websites, facebook pages, and e-mails ......there answer was , HE BETTER HAVE HIS CHECKBOOK WITH HIM !!!!!!!!
#69
Banned
Joined: Oct 2006
Posts: 5,844
Likes: 0
From: Bradenton Florida
Thanks Jolly !
this is the story with Gino..and up untill today ..no CASE # . I CAN'T WAIT.
Petri is the same way, they just dont know what they whrite or say ..I GUESS !
SAD, indeed..but i kept my part of all agreements.
this is the story with Gino..and up untill today ..no CASE # . I CAN'T WAIT.
Petri is the same way, they just dont know what they whrite or say ..I GUESS !
SAD, indeed..but i kept my part of all agreements.
#70
Thread Starter
Registered
Joined: Apr 2011
Posts: 20
Likes: 0
I just got confirmed from OPA Raceorganizer that Scott hasnīt payed his registration fees for 2011. I had an contract with him to race Sunny Island Beach event. At 4mars he mailed me and told me he needed to pay registration for that race urgent and i wired money, which he never payed OPA he just stole them!........just one little small proof of his fraudental games.



