"Peter Jackson Bilked by Rick Berry of Michigan Toy Soldier" Topic

I am stunned beyond belief at this. I know Rick personally. I cannot comprehend how he let himself do this.

I've been thinking about this for the last few hours, and the only way I can think of it is this. Has anyone you know (preferably a good friend or family member) ever gotten a D.U.I. conviction? A second one? How did it make you feel about them? Did you start thinking that they were "Evil"? Probably not, you just thought they were making very poor choices and wished they would stop. I think that's how I feel.

Seriously, I would recommend any past Michigan Toy Soldier customers to take a step back, and try to remember the good service that you got. There are far more people who got good rather than bad from Rick. Remember that before you decide to say "I'll never shop there again". Both the print article and the video said he was fully cooperating with investigators, and was admitting his wrongdoing. That's gotta count for something. I know I will continue to buy from him. I'll probably heckle the hell out of him too.

Binky says "!"

A sad disappointing turn of events.

just speculating, but I doubt Jackson reviews his monthly statements if at all, closely. And if his accountants know he has a hobby and has bought from this company before, then who knows, a couple thousand here, a few hundred there might have passed unnoticed.. But, nearly $200k, apparently Mr Berry emboldened by "getting away with it" kept it up too long and or too much.

man nothing like someone summarizing by categorizes how you used your cc over a year. I had one credit card company offer that type of summary [year] statement, with a report by company [Ebay, Amazon], type of expense [Entertainment, etc] one time. I was amazed just how many books & figures I was purchasing, and heaven forbid if the wife had seen that year end statement too!

I bet someone showed him a summary, "hey Pete, you really buying $200k of toy soldiers over the past xx months?"

and the jig is up….

I am of two minds on this. I never much cared for Berry, but I have bought stuff from him many times. Stealing is wrong….period. No matter what the excuse. And now he is going to pay for it, as he should. I make no apologies for him.

But, I have to feel for the guy as he watched his business go down the drain. I am sure that he looked at it as a loan that a rich guy like Peter Jackson could easily afford. It has to tear your heart out to see your lifelong work slowly heading toward insolvency.

We are all collectors here. We know that special feeling when we find a piece that has long eluded us. Think of how Berry felt, as his store that he worked so hard to maintain, was going under because of an economy that he has no control over.
Some say he should have gone to a bank for a loan. They must be forgetting how tight money was back then for a small business. And he was probably overextended anyway, so no bank would lend him money.
I am not condoning what he did. Far, very far, from it. But I do understand why he did it.

Man, I just realized that he has one of my credit cards on file! Wait a minute, a lot of manufacturers have my credit card numbers.

I'm screwed.

Dan

Bad news all round…a shame
Cheers
Paul

What an idiot!

Indeed, what he did was wrong.
Sympathies to Mr Jackson.

But good decent people can do regrettable things in desperation.*
Hopefully he will pull through and this `lesson` will make him a better person.

*I do not know him but do know a very good and decent person who made a similar series of errors, a nicer person you could not hope to meet, he just made a bad choice in his past.

This person did learn from his mistake.

But Michigan Toy Soldiers is still in business? They gave good service and had lots of products at fair prices. SO sad.

Hope the business does collapse now, this is just wrong whatever situation you are in, even if it hadn't been as much money. Compared to a lot of things people within this industry have been lambasted for over the years, the is one of those black and white truly criminal no excuses cases. He should do the time as he did the crime – whether he has been a 'nice bloke to deal with' or not.

Crikey! 2011 The Year of Criminal Wargaming…

Alien

But that wouldn't get his money back to Mr. Jackson. Nobody would win anything from a harsh conviction. Probably Rick has learnt the lesson. What would be the point of him serving time? A relatively lenient sentence (probation) would accomplish better results for everybody involved. After all, nobody has been hurt beyond reparation. May be I am being naive, but I believe that in certain cases Justice is better served by leniency than by harshness, don't you think?

Odd, how just last week there was a poll asking "is TMP like 'The Jerry Springer Show'?". Maybe there should be another poll asking the same of the present state of wargaming.

Let justice be done for the crime committed, but it's sad to realize that a well-known company in wargaming circles will more than likely close it's doors permanently because of financial circumstances.

But that wouldn't get his money back to Mr. Jackson. Nobody would win anything from a harsh conviction. Probably Rick has learnt the lesson. What would be the point of him serving time? A relatively lenient sentence (probation) would accomplish better results for everybody involved. After all, nobody has been hurt beyond reparation. May be I am being naive, but I believe that in certain cases Justice is better served by leniency than by harshness, don't you think?

So basically we should look upon it as him taking out some kind of bank loan to tide him through a rough patch? How would you feel if people "borrowed" money from your CC whenever things were tight?
How many people will trust him with their credit cards now?

So basically we should look upon it as him taking out some kind of bank loan to tide him through a rough patch? How would you feel if people "borrowed" money from your CC whenever things were tight?
How many people will trust him with their credit cards now?

Don't get me wrong. I am not saying that. He committed a felony and he must pay for it. What I am saying is if doing jail time would benefit anyone involved, or if some other kind of punishment would be enough and, at the same time, serve the overall cause of Justice (i.e. he will be more able to return the balance of the money stolen if he's out of jail, than if he's in).

However as we don't know all the nuances of the case, I recognise I am just speculating, so don't take me too seriously.

Both the print article and the video said he was fully cooperating with investigators, and was admitting his wrongdoing.

Because he was caught. Let's not forget that part. He is cooperating and making reparations as an attempt to reduce his sentencing. If he were not caught, he would probably would not be paying anything back!

I don't know the guy, and it's nice to see people backing him, but if this article were about GW or Foundry doing something like this to a customer, there would be a lynch mob forming

It's odd reading through some of these comments – as a small part of me also feels sorry for the guy, and I do know that is only because it's a hobby related thing.

If he'd been running (say) a fishing tackle shop I wouldn't care less that he'd been caught and faced his comuppance.

We want (I suppose) to think everyone in the hobby is a good guy. It's probably not completely true.

A mostly cottage industry with small profit margins, risible or non-existent trader discounts, rising costs, expensive transport, tiny client base … Toss in reduced spending and the economic crisis.

It's a miracle there is still a wargames "industry"

Alien

But that wouldn't get his money back to Mr. Jackson. Nobody would win anything from a harsh conviction. Probably Rick has learnt the lesson. What would be the point of him serving time? A relatively lenient sentence (probation) would accomplish better results for everybody involved. After all, nobody has been hurt beyond reparation. May be I am being naive, but I believe that in certain cases Justice is better served by leniency than by harshness, don't you think?

If he did time, and his stock/company was sold off to finance the debt owed, then I'd say it is the right result for everyone. I know no-one has actually been hurt, but what if it had been a 'standard' customers card, for say a couple of hundred bucks – until/if they noticed, and then claimed their money back, it might mean they will have missed a mortgage or other payment and suffered interest on that, which might cause them all sorts of problems. I can see what you are saying, but don't think him avoiding any time in the smokey is a good thing – even if he does 6-18months.

Should we continue to buy from MTS? IMHO, NO. It feels to me like I would be buying stolen property.

I've had great service from them in the past, and just got a refund last week for an item out of stock.

bah, he messed up and did something he shouldn't have done. He's repaying his debt and will repay society through sentencing.

Everybody deserves a second chance. I hope he will take it and be worthy of it.

yes…the economy is bad, but the FBI doesn't see that as an excuse; they call it "motive."

I'm starting to think that too many of the posters have been painting in a non-ventilated room!

I can only believe that most of these comments are because he is "one of us" that everyone wants leniency.

If some scumbag stole $100K from your grandmother's retirement account, and got caught, but was fully cooperating and making reparations, would you be content that he learned something and want to let him go without serving any time?

What I am saying is if doing jail time would benefit anyone involved, or if some other kind of punishment would be enough and, at the same time, serve the overall cause of Justice

All things he should have considered before resorting to illegal actions.

"Don't do the crime, if you can't do the time…"

I'm sitting drinking my morning coffee thinking what is going on in this world. Are things so fouled up that good people feel the need do stupid things like this? Even if he thought there was no way he would get caught, what happened to his sense of morality?

I am a customer of MTS and until I moved to Ohio I went there every month, now I go whenever I get back up to Michigan. I have found Rick (and all his staff) to be good people as well as providers of good customer service. There have been several times when I didn't realize that I was eligible for a discount on something and they brought it to my attention. Its a little thing but it leaves an impression.

I feel bad for Rick, his family and the entire staff at MTS. As a business entity I hope it keeps running and survives this. As for Rick, he deserves to be punished for his actions, nice guy or not. We are a nation that adheres to the rule of law and that law needs to applied fairly & equally. Once he has paid his debt to both Mr Jackson & society, I hope that he comes out the other side of these troubles a better person.

I hope the judge throws the book at him and gives him a worthy sentence for stealing the money – scumbag thieves don't deserve to be among us.

Should have called himself a bank or the like he would have got away with it and got the country to pay for the debt.

I hate this two law ruling that exists.

He did a crime and the law and 12 good men will decide his fate.

What I would have done in the same situation can't honestly say. Like the Man whose family is attacked and he defends them? Watching a Policeman being assualted and not helping?
Taking paperclips from work?
Who knowns who is guilty of what and when?

the economy is bad

That's the excuse Berry is making, but was the economy that bad in 2007, which is when he got caught?

Just out of curiosity, because I seem to be reading two different things, is Jackson out any money himself? Yes, I know it's still theft. From what it sounded like AMEX was the one eating the loss. Something like a "customer not responsible for fraudulent charges" deal? Jackson's peope caught it, told AMEX, and AMEX took the charges off Jackson's account? I ask because I know people who use AMEX for that protection.
As for the crime, he'll pay for it in whatever way ordered. Whether or not MTSC survives it who knows. I've never ordered from them but perused their site and probably would have bought at some point. I'll wait to see what happens in 24 months. It's not like he rolled out with $35,000,000 USD – oh wait that was a lady who was irrationally shopping due to mental illness.

the editor asked if the economy was bad in 2007, the answer is towards the end of the year, yes. If one was looking for loans, credit was tightening.

What Berry did was a poor decision. he must face the consequences of the action he took.

Sad for the hobby.

The business class can get pretty whacky. Rick claims his poor business results were the result of someone stealing his money. Could not have been his own bad business decisions, no, of course not. And I guess the only mitigating actions would have hampered his revenue stream and that is unthinkable. So he can go out and rip off someone else's credit card. Somehow that is different, I guess.

TMP members want to form a business co-op and buy a business?

JJ

Rick claims his poor business results were the result of someone stealing his money.

The problem with that excuse is that Rick says the partner problem was in 2009, and Rick got caught stealing in 2007…

I've a question about how convictions works in USA.

In Spain, a first offender that is condemned to serve less than 24 months in jail, won't go actually to jail. He will be on parole -he must present himself to his parole officer at least once a week, until the end of his sentence- or under house arrest or on probation. To be jailed, being a first offender, you must be condemned to 2 years plus one day.

How it works in the States? Would he serve the complete term of his sentence actually in jail? Or it depends on if he's condemned for a federal court or a state court?

It depends on how much money you have. Rich folks generally get off with a slap on the wrist and people with less or no money (for high priced lawyers) do the time. Capitalism at its finest…

i wonder how people would feel if their credit cards were fraudulently charged? Less sympathetic I should think.

How it works in the States? Would he serve the complete term of his sentence actually in jail? Or it depends on if he's condemned for a federal court or a state court?

Since this is a federal case (and the level of the first offense is substantial…we are not talking about someone who used a credit card to buy a new pair of shoes…) he will go to jail. The federal court system uses minimum sentencing guidelines which say what the least amount of time is that he will see. While I do not have intimate knowledge of the system, I do not think they are even able to get time off for good behavior or the like.

The states have more freedom in the matter – but again, do to the level of this fraud…it is likely that he would have done time there as well (and quite possibly more time than a federal conviction).

I do get a kick out of the people who are saying "Well, he is paying it back – that has got to count for something". He was caught. What he is doing right now (and everything since he got caught) has little to do with being a good guy and everything to do with hoping to stay out of jail for a really long time and possibly having something left when he gets out of jail. If he was a good guy – he would not have done this in the first place.

It depends on how much money you have. Rich folks generally get off with a slap on the wrist and people with less or no money (for high priced lawyers) do the time. Capitalism at its finest…

Tell that to Martha Stuart. Contrary to populace belief – rich people go to jail often enough. I don't think Bill Gates would be able to hire a legal staff who could defend him against something that reached this level of fraud.

This is Rick from Michigan Toy Soldier. These events actually occurred some years ago and have been in the process of restitution for some time now. I am deeply embarrassed and sorry about this situation. My wonderful staff had no knowledge of my actions. I am committed to restoring Michigan Toy Soldier and I hope you will support us in doing so.

I am always amused by threads like this and the ones on piracy.

REAL LIVE PRACTICING LAWYERS tell us what is what, and we ignore what they say.
I know that at least one such has posted here on what his sentence will be, and how long he will serve.

As for me, I too am hurting in this economy. I will wear a mask when I commit my crime, and try to not look so seedy in my mug shot.

Absolutely not.

Stealing is not a mistake. It is a deliberate act.

Too bad he was not a wall street banker. He could have stole much more, than gotten a tax free, interest free govt bnail out loan on top of it.

"I've been thinking about this for the last few hours, and the only way I can think of it is this. Has anyone you know (preferably a good friend or family member) ever gotten a D.U.I. conviction? A second one? How did it make you feel about them? Did you start thinking that they were "Evil"? Probably not, you just thought they were making very poor choices and wished they would stop. I think that's how I feel."

Fair play to you for sticking by your mate, Binky, though I've got to say if I was a customer of his I wouldn't be again. I think I would personally disagree with your analogy in that it isn't that he has committed an unrelated crime, but rather has actually stolen from a customer, using the card details of someone who'd given him their business. In that sense there has been a real breach of trust that will be extremely hard to rebuild. I'm thinking of all the people who said they wouldn't shop with Hannants after their security was breached and card details were stolen by a 3rd party. In this case it was the retailer doing the stealing himself!

Edit: although, thinking about it, Rick Berry's only stolen from Peter Jackson right? So my analogy with the Hannants thing probably isn't the best either.

Absolutely not (re. Berry)

According to the Detroit News, Rick Berry was convicted of a similar crime in 1993:

link

The article also says that "Jackson was fully reimbursed for the losses."

I had originally written '2003' rather than '1993'. 10 years makes a much bigger difference.

Regards, the Gorb

Theft of almost two hundred thousand dollars does not compare to a DUI…

A conscious effect had to be made to plan and execute this theft… this man is a criminal and gets what he deserved. He should have been in jail awaiting his trail. If I went into a store after hours and stole 200K worth of merchandise I would be sitting in jail for sure…

"I've been thinking about this for the last few hours, and the only way I can think of it is this. Has anyone you know (preferably a good friend or family member) ever gotten a D.U.I. conviction? A second one? How did it make you feel about them? Did you start thinking that they were "Evil"? Probably not, you just thought they were making very poor choices and wished they would stop. I think that's how I feel."

Without, getting too technical, DUI is arguably "malum prohibitum." In other words, it is wrong because the law prohibits it. DUI has been made a criminal offense not because if one drives a car while under the influence one intends to to injure another or his property, but because it increases the risk that one might do so, even if unintentially. In order to minimize that risk, society has passed statutes deeming that it is better for society as a whole that driving while under the influence be prohibited altogther.

Theft, on the other hand, is "malum in se." In other words, it is wrong in itself. It is inherently and essentially evil. That is why it was a crime even under common law.

This is really sad news. I have ordered from MichToy multiple times in the past.

"Rick Berry was convicted of a similar crime in 2003"

Once a thief…

Oooooo, so this wasn't his first time. Blimey.