Re: Dealings with Long Creek Apiary
RE: LONG CREEK APIARIES/WINTERS APIARIES
MY YEAR WITHOUT HONEY BEES
I am a humble beekeeper who likes my privacy, however, looks like many beekeepers are in the same ‘beehive’ of being swindled out of money and honey bees David Winters promised to send. This is my experience, and I would like to share it with you.
This is my first year without honey bees, because of David Winters. I ordered 7 packages from David Winters in February 2010 and sent him a cashier’s check for $740.00, which David Winters cashed 3 days later. I was promised delivery of bees on numerous dates from the 1st of May through the 14th of June, 2010, when I finally canceled my order. I demanded a full refund. I hired an attorney to send a demand letter. My attorney has received no response from David Winters to date, and David Winters has ignored the demand letter, and I have no refund.
I have been swindled out of $740.00, not to mention the expenses for long distance phone calls to David Winters, and the costs relative to receiving package bees and preparing healthy hives. I have built up a very good client base for my honey products, and David Winters has cost me this business and income for this year. I have paid an attorney and incurred additional alternative costs and time to recover the money David Winters stole from me.
David Winters does not answer his phone or reply to emails. David Winters has insulted me with a number of arrogant emails, false claims of personal problems, and continues to remind me that shareholders are not liable for Long Creek Apiaries debt.
First, David Winters personal problems are not my problems and further, I feel these are private matters.
Most importantly, as a business owner and a former investigator, a shareholder who pierces the corporate veil CAN be held personally accountable and liable. I would like to point out that FRAUD is not dischargeable, under any circumstances. A shareholder can be held personally liable.
I have been doing business with David Winters and Long Creek Apiaries for several years. For the past two years the Russian bees i have ordered from David Winters have died. All of them. Beekeeper error or problem supplier? Queens were clipped when I did not order clipping. Delivery dates were never on time. Confirming a delivery date was impossible. 3 queens were sent to the wrong delivery address and they sat in a mailbox in 90 temps. Receipts for payments were never sent, emails were rarely answered and David Winters was very hard to reach by phone. The Russians Winters claimed and advertised as pure Russians, are not; they were and are hybrids. David Winters falsely claimed that he was a member of the Russian Honey Bee Breeders Association. Before I realized the bees were not pure Russians as David Winter’s claimed, it was too late, I had already placed my order and sent him money.
I have been keeping Russian bees since I started beekeeping. Russians are very winter hardy, mite resistant and good honey makers. With good management practices and knowledge of Russian bee characteristics, a beekeeper will do well and the bees can survive harsh northern winters. I have had much success. There are many variables, but I did not have the honey bee losses until I started ordering from David Winters. Because Russians are hard to come by, I ignored all the warning signs and that is my fault and my error.:doh:
It is hard to get bees now. There are crashes and weather problems. The costs for packages and queens are going up, unless we raise our own. Our customer’s, families, and friends ask questions more than they ever did because of all the press about honey bee losses. It is hard work whether you are a hobby beekeeper, a side liner or a commercial beekeeper. A beekeeper really never gets paid for what we do. We keep wild stinging things in a box just for fun.
Under the current state of honey bees, for me, it is hard to understand another beekeeper, David Winters, stealing, and swindling from me, another beekeeper. :scratch:
David Winters full name is William David Winters. David Winters also has another website, WINTERS APIARIES, for which he is advertising sales for 2011. The website in July stated plainly that Winters Apiaries was A Long Creek Apiaries, Inc. Company. That has been removed. There is a different address, but David Winters phone number.
For every statement David Winters has made on this forum and by email to me relative to his personal problems regarding divorce litigation or hinting bankruptcy, these claims are false. I have checked David Winters claims through the appropriate agencies. (see below)
I may not recover my money or bees that were stolen from me, but I do have alternatives, and actions I can take so that other beekeepers do not follow in my disappointing footsteps. I would like to explain what I have done.
FILED COMPLAINTS WITH THE FOLLOWING AGENCIES:
*Office of the Attorney General Tennessee Division of Consumer Affairs –online or by mail
*Phone call to E. Ross White, Asst. Director Tenn. Div Consumer Affairs (above) Direct phone #: 615-532-8278, I picked up the phone and call him. Mr. White told me that the Tennessee Division of Consumer Affairs would like to receive more phone calls and complaints like mine. Mr. White asked me to encourage anyone i knew with a similiar complaint as mine to call or file a complaint with their office.
*Us Postal Inspection Service Mail Fraud, Memphis, Tennessee-online or by mail. This office asked me to encourage anyone i knew with a similiar complaint as mine to file a complaint as i have.
*Federal Trade Commission Bureau of Consumer Protection-online only
*Internet Crime Complaint Center (FBI based organization)-online only
*Better Business Bureau of Tennessee-online only
OTHER THINGS I CAN DO:
*Cocke County General Sessions Court-File a civil judgment against Long Creek Apiaries-phone # 423-623-8619, it will cost me $170.00 to file.
*Cocke County Sheriff’s Office, Newport, Tennessee - I can place a phone call and report a theft of my money.
* Have an attorney send a demand letter to David Winters.
*Contact David Winters Attorney, Mr. Clyde Dunn, phone number 423-623-5756. His name and phone number are a matter of public record.
*Contact his wife’s attorney, To dispel David Winter’s claim that his wife will soon own the company. I will not post his wife’s name, I don’t feel this is appropriate. As stated by David Winters, the attorneys number is 865-637-0484.
* Petition for and obtain a Full Faith and Credit Judgment in my state. This is available to me and is recognized and enforced in the State of Tennessee.
* Send an email or contact a Tennessee newspaper. - I can send an email or contact a Tennessee Newspaper about my experience.
*American Bee Journal- send an email and reaffirm what others have. They will not run David Winters ads until he redeems himself with all customers.
*Bee Culture Magazine-send an email and reaffirm what others have. They too will not run David Winters ads until he redeems himself with all customers.
*Department of Agriculture, Tennessee State Apiarist, Mike Studer- I can send him an email or letter about what happened to me.
*Russian Honey Bee Breeders Association- I can send Charlie Harper an email about what happened to me.
*I can report my experience to my local beekeepers association, if my association has a website; I can encourage them not to place a link to Long Creek Apiaries or Winters Apiaries website.
*I can report my experience to my supplier.
*I can report my experience or make a comment of my experience to an organization/website that carries links to Long Creek Apiaries or Winters Apiaries.
PUBLIC RECORDS THAT ARE AVAILABLE TO ME:
*U. S. Bankruptcy Court, Eastern District of Tennessee, Greeneville, Tennesse, phone number 423-787-0113, press 0 for assistance. I just asked them to do a search under David Winter’s name or Long Creek Apiaries, and they told me whether he has filed for bankruptcy or not(he has not as of 9-22-2010), and if he does, I can call in the future and they can advise me of the status of the case.
*Tennessee Department of State, Tennessee Business and UCC Fillings for Corporate papers filed for Long Creek Apiaries. Website:
http://www.state.tn.us/sos/bus_svc/. Online, I can view and print off Long Creek Apiaries Cooperation Corporate papers and history. I selected ‘business information search’ in the box. UCC filings are liens filed against a particular company. Long Creek Apiaries has no liens currently filed.
*Cocke County Tennessee County Court Clerk, phone # 423-623-6176. I requested the status of a divorce between David Winters and his wife. This is public record. David Winters filed for divorce June 4, 2009. As of the date of this post there are no settlement discussions on the table, the wife has not asked for the business and there has been no court/attorney activity on this case for sometime. David Winters claims about divorce settlement are false.
I am willing to help or answer questions relative to my post, just send me a pm.
Best regards to all,
riverbee
Long Creek Apiaries, Winter's Apiaries, David Winters, William David Winters