I couldn't figure out what is being claimed here. I'm not saying it's not true, I just can't follow the story at all.
EDIT: After reading other sources, it seems that the franchise owed $200k to BAM (unrelated) and also made a deal with the Mansell's directly. And it seems like the parent company is saying the unsold sets have been returned but the money is theirs because the store owed them money, while the Mansells are (correctly) saying consignment means they own the sets, not the franchise. BAM crossed into definitively illegal territory when they continued to sell sets after the Mandells asserted they wanted their property back (as confirmed by a "sting" operation).
The Reckless Ben stuff is actually pretty interesting: https://youtu.be/14ktgvoH4Mc?si=yhSzpEDo5ut6s8eS&t=880
A man gave a store merchandise on consignment, signed a contract with the store manager.
The manager lost control of the store to corporate. The goods were still there, still on display and being sold.
Corporate says, "this is mine now" and refuses to honor the contract. "It wasn't our name on it, says right here that the previous store manager signed this, and she's no longer with us." They sell the goods and keep all of the revenue, rather than just their 10% share.
It seems like theft, but it's a very common civil contract dispute. The side with possession and deeper pockets is the side with the leverage, sadly!
The unfortunate loophole here is that, potentially, by shutting down that franchise in a bankruptcy the corporation may end up being preferred for being made whole on debts relative to the consigner. Bankruptcy is complicated so while I am pretty sure any remaining goods from the consignment would be returned to the original owner the proceeds from sales that were successfully made might end up in the pocket of the corporation.
Personally, I absolutely loathe consignment. It is an incredibly complex agreement with a lot of weird edge cases about deprecation of goods and the duty to seek a good price that get complex quick. If you have goods like this and can find a store that will buy your goods in bulk you should be very careful in considering how much you care about the price difference between that bulk price and the percentage they list for consignment. A single transaction is usually much cleaner and easier for both sides and in this case (trying to pay for medical costs) having the money immediately can be quite attractive.
The bigger problems I see here are:
1. You can't really sure large corporations like Bricks & Minifigs. They've got deeper pockets and can drag it out until you go bankrupt. There's no good legal recourse for this, meaning larger corporations can basically do whatever they want and ignore the law, as long as they only hurt people smaller than them.
2. The police refuses to treat this as the theft it is. There have been several confrontations with police that give a very strong impression that the police is corrupt and protecting the Bricks & Minifigs and its crimes.
3. Reckless Ben's questionable shenanigans seem to be the only way to fight for justice in unequal situations like this. The offending franchise is now closed. The victim still doesn't have his lego or money back, but thanks to Ben, Bricks & Minifigs is now also feeling the pain. Without that, they would have simply gotten away with it. Chance are they've done stuff like this before.
Also interesting are some of the stunts Ben has pulled:
1. Confronted with the claim that it's a civil matter, he tried turning it into a crime, by holding a raffle for one of the stolen sets that's still legally owned by the victim. The winner of the raffle went to pick it up, and was refused, making it theft from a lottery, which is a crime that the police is supposedly required to investigate (they didn't).
2. Several people buy $10k worth of lego from the victim and claim it from the shop. When they're refused, they go to small claims court, which is now possible because it's only $10k. Bricks & Minifigs ignored it and closed the shop instead. There are default judgements in favour of the people helping the victim, but there doesn't seem to be any way to enforce them.
3. He went out of his way to get the company to sue him, which is apparently better than him suing the company? I'm not sure why. But Bricks & Minifigs didn't bite.
The most effective thing has simply been the PR. The public attention may finally get law enforcement to investigate and punish Bricks & Minifigs. Or at least the broader public will know and avoid Bricks & Minifigs, so at least the company gets punished financially. That won't help the victim, but at least it would be some measure of justice.
this seems kinda obvious that if they dont have a contract to do consignment, they don't have a contract to the lego at all, and cannot sell the lego
The ancient adage unfortunately applies here still: Possession is 9/10ths of the law
But the store closed to get out of paying.
Which makes no sense if the store was corporate-owned. So why isn't the corporation paying?
Unless the contract was written so poorly this didn’t happen?
> The police, for their part, kept calling it a "civil matter" and declining to investigate. Every single time.
On the other hand...
> In a subsequent conversation after the store closure and lawsuit loss, when Ben indicated the logical next step was to pursue Johnson personally, Josh's response, according to documented accounts, included the threat: "If you try to pursue me legally, YOU stole the LEGOs."
> Shortly after that conversation, someone called in a police report claiming Reckless Ben was transporting heroin.
This is a strange choice by Johnson, since it instantly transforms the civil dispute into a criminal offense.
https://www.gofundme.com/f/help-bryan-recover-his-lego-colle...
> The goods were still there, still on display and being sold.
The store says the full inventory was not discoverable at the store. They said the person gave a written statement in the past saying the collection was "moved off site for security reasons" so I don't think this is really as cut and dry as the YouTuber and blogger people are trying to make it look.
> Corporate says, "this is mine now"
Their statement says they located what inventory they could and offered it back.
I think there's a lot more to this story. I wouldn't really trust the YouTube influencers for the whole story.
EDIT: as other commenters point out, BAM actually did lose the lawsuit over this and now the issue is the consigner is trying to collect the judgment. In that case it would normally be irrelevant that the store was a franchise location, because BAM would have become the successor to all liabilities upon taking over the store (in the U.S., at least). With deep pockets BAM could drag out the collections process long enough to try an extract a settlement from the consigner; the risk with doing so though is that interest accrues on the settlement at statutory rates that are normally higher than market rates and they face the possibility of court sanctions for any attempts at delay that have no reasonable legal basis.
Not necessarily and highly depended on how it was structured and state law. It's possible that BAM only took over entity and then all liabilities stays with the same entity (that was bankrupted later). Another option it was only asset sale without liabilities, etc.
It is theft!
What if he reported theft? Wouldn't they have to prove how did they come into possession of the goods they are selling?
FWIW, I couldn't follow it either from the blog.
There is no need for us to accept your sociopathic assertion that the rich should and will win.
This appears to be in dispute.
As per bricks and minifigs:
>It was clear the full list of inventory in his documentation was not located in the store. What items could be reasonably identified as allegedly belonging to the consignor was offered back to the consignor, but that offer was refused.
>A deeper dive into the sales receipts uncovered that a significantly higher volume of the listed sets had sold over the course of the consignment deal prior to the store transition.
It appears they are alleging that the prior operator had sold a larger portion of the consigned goods than they had claimed to the family.
BUT rather than unwind the agreement and return the lego, they just kept it. Argued for it to be dealt with legally. It was, they lost, so they closed down the store rather than return the lego.
Incorrect as the article points out with an image of the contract:
> However, it was brought to my attention by site user @luddevig that Chrystal Law, the Bricks & Minifigs Salem-Keizer store's original owner, was able to pull the franchise agreement between her and and the B&M Corperation, that clearly states that consignment is allowed.
I didn't know Ben dealt with cults until he revealed he started the "Scientology Sucks" religion, but as soon as the cops started baiting him into agreeing they had cause for arrest, I instantly guessed he had completely accidentally walked right into another cult corruption video. If I had a penny for the amounts of times I saw this exact type of cult discovery happen, I'd have 4, which is a pattern -> ALL cults are corrupt.
