Attached find our response to an action instituted by Mike Lauffer, who bought half of Rachel Alexandra based on our recommendation. Lauffer brought this unusual action in advance of our suing him to try and prevent that, presumably in order to have the case adjudicated in his local Parish in Kentucky.
You can skip all the legaleze and go towards the back, to the section called \"Factual Allegations\", to find out what happened.
Res ipsa loquitur....
I have some names to call these people, but I guess they are probably best kept to myself.
Just to help clarify, so that we can all learn from this story, is the \"contract\" here just a verbal one and is that why they think they can get away with this? Should people entering into similar business deals ALWAYS put stuff in writing, or did I misread and they went ahead and tried to screw you anyway even though the fees and agreements were in writing?
how often does this happen to you guys? Have you had to get in the courtroom before? Result?
Many horse transactions,buying/selling make Bernie Madoff look honorable.
Mike
There are a lot of emails with Kirk that have the same effect a contract does. Lauffer\'s claim is that he was not in a partnership but was a \"tenant-in-common\" so he should not be bound by the contract, and that under a Kentucky law aimed at agents (not consultants) you have to be listed on the bill of sale to get paid, which I was not (since he specifically told us he was not buying her, it would have been kind of hard to be on it, even if I ever was on a bill of sale).
That last part looks like it may be good enough to win a fraud case, independent of getting paid my fees.
And by the way, the reasons he\'s defending himself with now are completely different than what he told someone who reported the conversation to me in an email.
If someone can find his filing electronically I\'ll post it here, but I can tell you there is no real dispute as to the facts other than the partnership issue.
You don\'t have to be a good guy to own a good horse.
Is that Latin for \"that\'s a shame\"
No, it\'s Latin for \"Slam Dunk for Defendant\" (TG).
Very hard to know how to feel when watching that.
The jerk in question made millions, strictly because of my advice.
I hope it turns out well for you...That filly is incredible.
be happy in your astute observation. this is why your the best. explain to the gentle man that it was your advice and you should be compensated, and would you rather give me the money or the lawyers.if he is an idiot he will make you drag him through the mud. (its not very comfortable being asked these kind of questions if she races in belmont big summer races or the breeders)then sit back enjoy your call.... then sue his stupid ass
The suit is at the top of the string. You would assume the guy would figure out he\'s better off paying me, but if he was reasonable he wouldn\'t have pulled this crap to begin with.
As a computer software consultant, I\'ve had to work for some total jerks -- and do so with a smile on my face. I always give the customer my best effort, regardless, and I sleep like a baby because of it.
You knocked this one out of the park, Jerry, and earned every cent of your fee. That\'s how you should feel.
Sleep well tonight and beyond, and now let your lawyers earn every cent of *their* fee.
In answer to \"how often does this happen?\" I say all too frequently. Jerry\'s fees are pretty standard in the industry. In fact, he\'s actually a bargain because he doesn\'t ask for a breeding season.
Here\'s a true story. Kenny McPeek bought Curlin for $57,000 at a yearling sale for those crooks Shirley and Bill of phen phen fame. He then took a year off from training immediately after. Kenny\'s assistant, Helen Pitts, was hired by many of Kenny\'s owners. One of those horses is Einstein, who I think Kenny bought. (Don\'t quote me on that.) Kenny worked as a bloodstock agent for a year, and decided to come back to training. THE ONLY HORSE HE ASKED ANY OF HIS PREVIOUS OWNERS TO LET HIM TRAIN WAS CURLIN. Needless to say, they kept him with Helen, then sold part of him, went to Assmussen, the rest is history. The point of all this is, after asking these guys numerous times to pay him the $57K for Curlin, they finally paid it as the whole phen phen thing was coming up. I know of at least two other owners that told Kenny to buy horses for them, never paid him for them, or refused to pay the commissions he asked. He never pursued them . . . BRAVO FOR YOU JERRY!! I think the bottom line is these greedy people think they can steam roller anyone that gets in their way or they think is weaker than them.
no disrespect but your trump card is this guy has the best three year old in the country.if she was a grade 2 nobody cares. use the press. this idiot cant gauge your credibility in the handicapping world. make him look like the fool that he is.
QuoteIn answer to \"how often does this happen?\" I say all too frequently. Jerry\'s fees are pretty standard in the industry. In fact, he\'s actually a bargain because he doesn\'t ask for a breeding season
.
Yes, I noticed that immediately, too. And was a bit surprised, as it\'s an ongoing profit center potential many want.
Strictly interested in only the result of what the business consults upon - racing prospects - and no interest in hanging on beyond that. Beyond fair.
And yes - just because one has money, or is in horses, or has a household name in the sport, it doesn\'t mean jack about one\'s business or personal ethics.
Why use the press? The guy has no class. His word isn\'t his bond. Why fall to his level?
his level is your gonna have to sue me. i understand that and i cant tell you how that all works out. im not a contract or any other kind of lawyer. my point is its rare that you can you can embarrass a weasel like this.when you have the best horse in the country you have to answer questions. did anybody ask dutrow about steroids before big brown? i respect all opinions
Sight-- You would be shocked then at how many times people complain about my rates-- cost me lots of clients.
And the rates the other guys charge publicly are just the ones people know about. You\'re down there, probably know a bit about that.
McPeek\'s attorney is my attorney on this.
If the 2 guys I respect most in this industry use the same attorney, that\'s the guy I want.
she ran a helluva race nice call
Gotcha.
When what you sell is your brainpower, people never fail to try and screw you.
Best of luck with the legal action.