I will try to keep this as short as possible. Most everyone seems to be on the same page; I agree, this is a mess and unfair to leave Mike holding the bag. I am willing to make Mike an offer I feel is fair. (I am sure some of the readers here will feel otherwise.)
I do not wish to argue every point Mike made in his post but I will a few:
9. "Zach indicated that he was going to file a stolen property report with the local authorities in the Ohio county where his grandparents lived. He notified me on September 19, 2016 that he had filed the report and attached a copy of it in his email."
Zach filed an incident report. He did not press charges or file a criminal theft charge against his brother.
10. "I had several conversations at the National with Mr. Buckler about the cards. In every one of them I said that I was going to do the correct thing and return Zach’s cards to him. I also told him that I felt he should return the $3700 I had paid him for the cards. He demurred and said that his legal counsel had suggested that he was not responsible and could do nothing until Zach filed a formal theft report. When I pointed out that he could ask Mr. Siska to return his money, Mr. Buckler felt that might cause a rupture in his business relationship with Mr. Siska."
I simply stated the two dealers that handled the cards before me, would not entertain a refund down the chain unless criminal charges were filed and Mike kept possession of the cards until a legal assessment of the transaction of events could be legally documented.
"I want to respond to a few of Mr. Buckler’s FACTS.
3. I attempted to work with all parties to facilitate a reasonable outcome.
A few times at the National, but not afterward."
We discussed Zach filling criminal charges against his brother on the the phone multiple times. In addition, I worked with Zach at the National and afterwards in an attempt to locate other missing cards in KY and OH areas.
6. M is a well known, honest guy. While I can't blame him for turning the cards over, I do wish we could have discussed with the proper authorities before moving forward.
"Mr. Buckler never made the suggestion that we talk “with the proper authorities” before moving forward. I told him repeatedly what I was going to do with the stolen property, and I asked that he do the same and refund my purchase price."
Absolutely not true. I told him what the others dealers involved had discussed and Mike completely ignored all requests to speak with legal counsel.
Mike, you did have every opportunity over the past 450+ days to pick up the phone and call or email me back.
Here is my offer. I refund you 50% of your purchase price, $1850. As far as the remaining money, I feel Zach needs to press criminal charges against his brother. If that takes place, hopefully, WE can work together to seek restitution against Zach’s brother. Or Zach can pay you the portion to make you whole. I had absolutely NO idea the cards were stolen and I have no control over Zach’s decision to criminally charge his brother. I’m sure many of you will disagree with me, hate me, never do business with me, etc.. you are entitled to do as you choose. Mike, if this is agreeable please confirm your address and I will put a check in the mail Monday morning.
Mike, I am very sorry to hear of your son in laws health. I wish you and your family nothing but the best.
Finally, I really HATE to read some very disparaging posts calling me a scumbag. I have been very active in this hobby for almost 15 years as a collector and dealer. I have NEVER took advantage of anyone. I realize there are people on this board who are fortunate enough to say $3,700 or $15,000 is a small sum of money. Unfortunately for me and many others $3,700 is a lot of money and I am not lucky enough to live such a privileged life as you. Congratulations for being such an outstanding citizen and an overall winner at life. You are free to form your own opinion but I am no scumbag.
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