• Proof that Evosport is thousands in debt and soliciting customers for generation of capital

      Most of you saw that Benzboost broke the story last week on Evosport's debt and failure to deliver parts to customers. We quoted this debt as in the hundreds of thousands but now have exact up to date figures that were released by Evosport themselves. Where and why would they reveal these figures? They revealed the details in documents seeking investment from a select, hand picked group of customers in order to get money they need flowing in.

      Evosport has about $300,000 of debt with a quarter million of back orders that have not been fulfilled. They are cash strapped so they have hand picked a number of their customers to solicit for investment purposes. We have been able to get a hold of the proposal with all the details from more than one source. This investment group is being spearheaded by Jim Brady (James J. Brady of Ringler Associates) who is one of their customers. He is also a CLK63 Black Series owner and it is Black Series owners who are mostly being targeted for investment. Why Jim Brady is doing this for Evosport, we have no clue but will certainly try to find out.

      The investment documents are all detailed below. They verify that what was written previously is accurate. We now know the investment amount each customer is being asked to produce is $100k minimum. The documents are dated April 2011 so this information is as up to date as possible. Additionally, we do not know if Jim Brady has already invested as numerous sources have given us varying figures on his own commitment. It could be that he has already committed funds and that they have not been enough to pull Evosport out so other sources are being tapped.

      We feel this information is necessary to not only validate our investigative journalism, much of which was already confirmed by customers coming forward to say they had not received their parts as well as JRCART confirming his issues with Evosport, but also to warn potential investors and customers of the current situation. It is irresponsible to continue to collect money from customers who expect delivery of their parts when there are very real issues that affect if Evosport will even continue to be viable. Not to mention that Brad Otoupalik e-mailed BenzBoost with veiled threats about "slander" which this isn't, it is completely factual based on details Evosport has verified in its own documents sent out into the public. Attempting to silence this on MBworld and threaten us only caused more people to be willing to come forward in support of what BenzBoost had the courage to reveal. We will not be pushed around or intimidated by Evosport or anyone else for that matter for providing the community with the truth MBworld hides from them.

      You can verify all the information in the documents below. You can also see the questionnaire that attempts to assess just how much money the potential investor has. Evosport's fiscal information is all detailed as well as debt and pending litigation involving a damage claim to a Lamborghini. We have also been told of liens which if it becomes necessary we will look into in much further detail. Evosport is apparently in damage control mode attempting to pay off what they can which we have not been able to verify but have received some anonymous tips stating so. Additionally, one tip stated that Bob Otoupolik's credit cards have been locked but we do not know if this is true. If anyone has any information to verify this tip, do not hesitate to contact us.











      This article was originally published in forum thread: Warning to Mercedes Enthusiasts! Evosport hundreds of thousands in debt, not delivering parts started by Sticky View original post
      Comments 493 Comments
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by 930chas Click here to enlarge
        Sticky PI ......damn bro you don't miss much.
        Some people say I'd make a great attorney, guess we'll see.
      1. Sonny's Avatar
        Sonny -
        Click here to enlarge Originally Posted by c32AMG-DTM Click here to enlarge
        To the best of my knowledge, First Amendment rights are pretty broadly supported and protected. AFAIK, not only would the vendor harmed need to prove the information was falsified, but that the poster of said information willfully acted with malicious intent to harm the vendor, to have a chance at successfully winning a slander/libel suit.

        IMHO, Sticky's been pretty good about using "allegedly," "likely," "X we believe to be true, Y is rumor at present," etc, as this story has unfolded.

        Since the investment "feeler" docs were marked "confidential" - posting them publicly might be a no-no. But, I'm not sure if that's Sticky's problem, or whomever leaked their set of confidential documents to outsiders.

        But, if the documentation isn't intentionally faked, knowingly made to look real and posted as such, I don't see a claim against Sticky/BB as having much merit. That said, I'm not a lawyer.
        I doubt you'd have too much trouble with law school. Click here to enlarge

        I'm not a constitutional law lawyer, but I have studied Con Law. And some of the subleties definitely escape me.

        Regarding the standard for determining libel, it depends on whether the injured party is a public or private person. Public persons are those that put themselves into the spotlight or inject themselves into public discussion. I imagine this is a factual question. I know that this can be difficult to determine at times, nevertheless, a determination is always made one way or another.

        If the party is a public person then the New York Times vs. Sullivan standard is used. If the person is private then the Gertz standard is used.

        New York Times vs Sullivan, provides for the "actual malice" standard. That is, the publisher of the statement knew the statement was false or acted with reckless disregard as to the truth or falsity of that statement.

        So here, the protection of speech is higher because a public person's privacy is valued less than a private person's.

        The Gertz standard affords speech less protection because a private figure's privacy is valued more than public speech that involves him. Here, all a private person needs to show is that the publisher of the statement acted negligently, which is easier to prove than recklessness.

        Just commenting on the standard you mentioned.

        Edit: An interesting quote from one of the Dissenting Justices, William O. Douglas, in Gertz (found this on Wikipedia):

        "William O. Douglas, on the other hand, felt that libel laws were too strict even as it was, and that leaving liability standards for private figures up to the states was too capricious:
        'This of course leaves the simple negligence standard as an option with the jury free to impose damages upon a finding that the publisher failed to act as "a reasonable man." With such continued erosion of First Amendment protection, I fear that it may well be the reasonable man who refrains from speaking'"
      1. Sonny's Avatar
        Sonny -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Some people say I'd make a great attorney, guess we'll see.
        I can see that.
      1. P31-C63's Avatar
        P31-C63 -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Well, you raise an interesting point.

        Turns out the attorney is Brad's friend who does driving events with Brad: http://www.digest.net/bmw/archive/v8/msg07383.html

        I have received numerous tips, and I can't substantiate if this is true, but have been told that he supposedly will write legal documents for Brad in exchange for parts and so forth. They are buddies and he would organize driving events as you can see from the link. I believe he owned a company called tracquest which he apparently sold.
        Who knows what else he'll do in exchange for free parts etc.Click here to enlargeClick here to enlarge

        I'll go on the record that I will Paypal Sticky $100 toward a lawyer if the time comesClick here to enlarge--if everyone pitches in, maybe we can resurrect Jonnie CochranClick here to enlarge

        Seriously, though this $hit is ridiculous, wow, if they just spent half the time getting orders out instead of silencing and scheming, they wouldn't have any of these problems.

        Sticky, you're not alone man, I'm sure the rest of the guys in here would be more than willing to help you fight the "evil doers"Click here to enlarge
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by P31-C63 Click here to enlarge
        Who knows what else he'll do in exchange for free parts etc.Click here to enlargeClick here to enlarge

        I'll go on the record that I will Paypal Sticky $100 toward a lawyer if the time comesClick here to enlarge--if everyone pitches in, maybe we can resurrect Jonnie CochranClick here to enlarge

        Seriously, though this $hit is ridiculous, wow, if they just spent half the time getting orders out instead of silencing and scheming, they wouldn't have any of these problems.

        Sticky, you're not alone man, I'm sure the rest of the guys in here would be more than willing to help you fight the "evil do-ers"Click here to enlarge
        Thank you, I appreciate that, but I don't think it will come down to it, at least I hope not.

        Evosport is responsible for this situation and brought this all upon themselves. By silencing the community from speaking about it and closing threads on MBworld they only increased the curiosity surrounding the events.

        Actually, this situation seems to be doing a lot of good as Evosport is really putting in the effort to resolve JRCART's situation so that is one plus. They also seem to be trying to deliver orders now and are communicating better with customers who have been waiting months on end. I have to ask though, where was this effort before the article?

        Why try to keep this all quiet instead of maybe using it as motivation and resolving it professionally?

        I promise you guys I will not protect vendors, my interest is in protecting the members here who are the buying public. Members first, as it should be.
      1. P31-C63's Avatar
        P31-C63 -
        I don't think anything can come of it either.

        My wife is a very successful lawyer and we have good friends throughout the country who are incredible lawyers in different fields.
        We're great friends with one of NJs top personal injury law firms--my wife went to law school with the founders daughter who is also a partner at the law firm.
        And my brother in-law is living in Mendocino CA right now with his family and he's starting his own practice (he's a constitutional attorney), so I can surely refer a great "attack dog" of your own if the time comes.

        I don't think it will result in much more than scare tactics from these flamers, plus, like you stated before, there's really no wrong doing on your part, just uncovering facts and reporting what others have said.

        I'm really losing any little respect I had left for Evosport and the people associated with them.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by P31-C63 Click here to enlarge
        I'm really losing any little respect I had left for Evosport and the people associated with them.
        As am I. Their attorney is stating I have some kind of malicious intent yet he forgets the years of business I gave them? The thousands of dollars? The referrals? The positive reviews? Using my vehicle in their advertisements? They just conveniently forget all of that?
      1. Yomama69's Avatar
        Yomama69 -
        As an attorney, I just want to say that letter Mr. Serota wrote is the most unprofessional and condescending cease and desist letter I have ever seen. It also appears that Mr. Serota's representation of Evosport is extra-curricular and not in the capacity of his legal practice. This is evidenced by his MIT alumni email address in his letterhead, which I might add is the most douchey thing I have ever seen in an attorney letterhead. Nobody cares where you went to school, brah. I could also point out his FAIL at giving notice by not sending this letter CERTIFIED MAIL, but I will refrain from mentioning that, since it could just be that Mr. Serota is just too frugal to spend about $6 to get a green card back. Oops. It looks like I mentioned it. Also, sending said cease and desist letter to a relative of this website's registered owner in a harassing manner is absolutely unacceptable. Stick to your mediation practice, Todd. You give us attorneys who really practice law a bad name. I'm appalled by the closing paragraph in this letter. This guy is lucky I don't send this to the CA Bar grievance committee for review. What a d-bag.

        yomama69@harvard.edu
      1. LostMarine's Avatar
        LostMarine -
        question-if sticky is just raising awareness from the actual experiences and dealings of evosprt customers, how could it be construed as false, and why would sticky or BB be to blame?
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by LostMarine Click here to enlarge
        question-if sticky is just raising awareness from the actual experiences and dealings of evosprt customers, how could it be construed as false, and why would sticky or BB be to blame?
        Mr. Serota is confusing factual reporting with disparaging comments. He also fails to realize the factual information posted by bimmerboost.com WAS PUBLISHED by EVOSPORT and was sent out prior in a solicitation.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        Mr. Serota is confusing factual reporting with disparaging comments. He also fails to realize the factual information posted by bimmerboost.com WAS PUBLISHED by EVOSPORT and was sent out prior in a solicitation.
        Exactly correct.

        Does the guy just think we are all stupid or what? I find his letter an insult to people's intelligence.
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Exactly correct.

        Does the guy just think we are all stupid or what? I find his letter an insult to people's intelligence.
        You didn't know that is typical of MIT grads? I mean, after all, MIT is the best school EVER. The rest of us are lacking a proper education.

        We're not worthy.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        You didn't know that is typical of MIT grads? I mean, after all, MIT is the best school EVER. The rest of us are lacking a proper education.

        We're not worthy.
        I'm guessing common sense is not a course offered?
      1. Yomama69's Avatar
        Yomama69 -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        I'm guessing common sense is not a course offered?
        The word "common" is not allowed to even be used at MIT.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Yomama69 Click here to enlarge
        The word "common" is not allowed to even be used at MIT.
        I'm not sure if I should even be discussing the school in English as perhaps it is too "common" of a language and I do not have an orchestra playing the school anthem in reverence as I type about it.
      1. Apex Speed Technology's Avatar
        Apex Speed Technology -
        Click here to enlarge Originally Posted by P31-C63 Click here to enlarge
        I'm really losing any little respect I had left for Evosport and the people associated with them.
        I've been reading this thread with great interest, being a vendor to Evosport and having done a few projects with them, including for board members here.

        Wherever you sit on this issue, please don't judge many excellent people in the community based soley on association with a shop that is involved in controversy. Remember that there are many great customers, vendors and employees associated with any supplier, and try and judge them independently of how the management and ownership may have acted.

        -Neel Vasavada
        Apex Speed Technology
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Apex Speed Technology Click here to enlarge
        I've been reading this thread with great interest, being a vendor to Evosport and having done a few projects with them, including for board members here.

        Wherever you sit on this issue, please don't judge many excellent people in the community based soley on association with a shop that is involved in controversy. Remember that there are many great customers, vendors and employees associated with any supplier, and try and judge them independently of how the management and ownership may have acted.

        -Neel Vasavada
        Apex Speed Technology
        Neel, you have done a lot of great projects and worked with a lot of people on some very memorable cars. I don't think in any way, shape, or form, any of this will reflect on you.

        If anything, you have a great reputation and the members here who have purchased your services and dealt with you all speak highly of you and Apex Speed Technology. Evosport has had a relationship with a lot of tuners, suppliers, and companies over the years and those entities are in no way associated with this and I want to make that perfectly clear.
      1. Apex Speed Technology's Avatar
        Apex Speed Technology -
        Thanks Sticky! This is a funny business; sometimes you have to work hard to stay above the fray. On the other hand, I firmly believe that success is easier when you put integrity first, so its really less hard work than being dishonest or misleading.

        -Neel
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Apex Speed Technology Click here to enlarge
        On the other hand, I firmly believe that success is easier when you put integrity first, so its really less hard work than being dishonest or misleading.
        I agree with you completely but the more time I spend covering this industry the more I see integrity in general seems to be lacking. Very few have it, but there are those like you who do.
      1. jacobs323i's Avatar
        jacobs323i -
        Neel Apex and Evosport should not even be mentioned in the same sentence lol! I cant wait till next week i can barely sleep! e85 retune here we come!!!!!!!!!!!!!!!!