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Kim Mangalindan, Facebook Freedom Challenge Group (legal question - need help)


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Kim Mangalindan, Facebook Freedom Challenge Group (legal question - need help)

  #81 (permalink)
 Kasitlyo 
San Francisco CA
 
Experience: Beginner
Platform: Ninja Trader
Trading: Emini ES
Posts: 17 since Jul 2020
Thanks Given: 8
Thanks Received: 19


BlacksheepEsq View Post
Hello all, but especially to OP...

I am a California licensed attorney. Let me give you the usual boilerplate that the following does not create an attorney client relationship and it would be advised that you seek legal counsel if you want to be helped in your particular matter.

That said, I can say this. I wouldn't worry about his coming after you. I would know a thing or two about that: after all, my work focuses on the enforcement of court judgments -- and even those can be thwarted by the bankruptcy process.

I perused the responses including by those of Big Mike and all the rest of the members. I'm a lurker on FuturesIO, and those responses were basically pretty good. The fact of the matter is that if someone wants to destroy you financially, a savvy poker player wouldn't telegraph this fact to you. Remember the Art of War: when you are strong, appear weak; and when you are weak, appear strong.

He could sue. Go ahead. He'll pay an attorney (someone like me, but NOT me) to write a threatening demand letter. When you neglect to respond, he'll be left with the option of having to pay a process server to actually legally give you notice of a suit. And I'm guessing that he'll want to do this outside of small claims or else it REALLy won't be worth his time. So, that means it'll be a standard Superior Court suit. Either way, just the filing of the complaint here in SF will set him back $435 plus another $200 or so to hire a process server.

If you respond, then he'll have to pay the lawyer for time. In my experience, no court hearing is any cheaper than at least $500--often more. By my clock, he's in for about $1,100 plus additional attorney time--with no guarantee of victory in court.

My opinion? He's a bunch of hot gas. Fee shifting statutes in this state are breathlessly difficult to argue and move the court to grant. I should know: I'm licensed in this state.

What you could do is even threaten to counter-sue. If he's conducting business here in California, it is possible that consumer protection laws may be in play -- and applicable attorneys' fees statutes to boot.

Tell you what.....drop me a line. I'd be happy to give you a free consultation.

Either way, it's not worth his time to try and sue you. If he tries to lien on your property, you counter with a slander of title action. If he tries to garnish your wages.....? With what? An imaginary court order that has the power of thumbscrew? All the injunctive relief motions I've had granted needed just that....court motions and hearings.

Kick back and relax. I can't guarantee nothing will happen, but neither can I guarantee that you won't get into an accident when you take BART. Your risk profile seems reasonably low.

Best

Thank You Mr. BlacksheepESQ and I will give you a direct message if anything happen. Our last conversation, he texted me and said its cheaper for me to pay for settlement to release my contract for $2500 and I texted him back, if you want settlement give all of my money back or at least half, because I will report your illegal work to SEC and FBI. Then he said oh well, lets the attorneys handle it for now on. Then this morning, I received an e-mail, that my Account is now cancelled effective 8/1/20. This guy is trying to get a money from me until the last minute, I hope this means its over. Thanks everyone for all the advised.

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  #82 (permalink)
 
Nolaughingmatter's Avatar
 Nolaughingmatter 
San Francisco
 
Experience: Beginner
Platform: Thinkorswim
Trading: NQ
Posts: 46 since Jun 2020
Thanks Given: 63
Thanks Received: 82


BlacksheepEsq View Post

If you respond, then he'll have to pay the lawyer for time. In my experience, no court hearing is any cheaper than at least $500--often more. By my clock, he's in for about $1,100 plus additional attorney time--with no guarantee of victory in court.

People's impressions and high expectations about lawyers and legal stuff seem to be based on Hollywood TV shows like Suits and Law and Order with heroic, pro-bono lawyers - like it's pure magic. I'm glad there's a lawyer here who can finally corroborate the high costs involved and the labyrinthine process. In my perspective, dealing with the legal world sucks. If someone manages to go through life without needing to hire lawyers, that person is very lucky indeed. I've had lawyers charge me for paper! So please stay safe and careful everyone.

Kat has taken our advice and fought that con-man well. This is really gratifying to see.

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  #83 (permalink)
 Vogie 
Chicago, IL USA
 
Experience: Beginner
Platform: Stage 5, Jigsaw
Trading: ES
Posts: 5 since May 2016
Thanks Given: 4
Thanks Received: 5


I just saw this so I apologize to the group if this answer was already covered.
Call your credit card company and file a fraud complaint they will issue you a new card with a different number and freeze the one you are currently using. If you have any other auto payments linked to the card contact those companies and let them know that there was fraudulent activity on your account and provide them with the new card information. The credit card company may have protection policies in place which will reimburse you if the claim is approved. Worst case it will stop the debits to your card.

Report this "mentor" to the better business bureau they will flag the company and if there are other complaints they will take action to act on your behalf.

If you receive threatening emails or letters make hard copies and contact an attorney that handles fraud and consumer law. Alll attorneys are required to do a certain amount of pro-bono work each year so you may be able to get an answer or some assistance from them at little or no cost. At a minimum I would not speak with an attorney that did not do the initial meeting at no cost.

I hope that helps. Don't let this guy intimidate you, you are not the first person that this has happened to but hopefully you may be the last.

Best wishes, stay well

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  #84 (permalink)
 
Big Mike's Avatar
 Big Mike 
Manta, Ecuador
Site Administrator
Developer
Swing Trader
 
Experience: Advanced
Platform: Custom solution
Broker: IBKR
Trading: Stocks & Futures
Frequency: Every few days
Duration: Weeks
Posts: 50,446 since Jun 2009
Thanks Given: 33,217
Thanks Received: 101,608


Kasitlyo View Post
Yes, lets do it easy to identify/expose him and people don't need to read the whole story. Thanks

OK, I've updated this thread title.

I've closed the other thread, and this will serve as the main review thread for this vendor.

Mike

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  #85 (permalink)
 5xtrad 
atlanta, ga
 
Experience: Beginner
Platform: NinjaTrader
Trading: ES, CL, YM
Posts: 4 since Oct 2011
Thanks Given: 15
Thanks Received: 1

Kasitlyo, as stated above. Contact your credit card company and ask for a chargeback on the three months you have paid for.
You may be able to get your money back. Or you may only be able to get one month's fee back due to the passage of time.
He has failed to live up to the claims he made as to the services he offered.
Or more inline with what the credit card company may need to hear, you are not satisfied with his "educational classes and materials."
You will have to document that you tried in good faith to get a refund.
Read their rules for making a chargeback claim and follow them.
If they agree they will pull the money out of his account and give it back to you.
It's a lot of money and they might not like it but if you show them your documents they may side with you.

His being able to accept money by credit cards comes with rules and as I see it he did not live up to those rules.
Also, contact BlacksheepEsq and talk to him about how to present your claim to your credit card company.
You have absolutely nothing to lose. He won't be happy so yes he may make more threats to you.
He will risk losing more students by them finding out the truth by making this dispute public.
Consider this a longshot trade and just go for it.
Also, look at it as an act of courage in standing up to a bully. Even if you don't get a refund you will build your own
self esteem and self-respect. Yes, you got fooled, but by fighting back using the credit card rules you get a small
win and maybe a big win.
Good luck.

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  #86 (permalink)
 
bilionaire111's Avatar
 bilionaire111 
New York
 
Experience: Advanced
Platform: NinjaTrader
Trading: Futures, Stocks, Options, Crypto, etc
Posts: 5 since May 2017
Thanks Given: 21
Thanks Received: 4

Oh wow. Surprised to see this scammer still roaming around a freeman.

This guy used to pose as Professional Trader in 2010s. He didn't even have a single FINRA license.
Fell victim to his sales pitch in 2017, paid his crappy stolen course for like $3k+ at least.

Part of that package were indicators he has stolen from other educators.

Just remembering all of his lies now in 2022 still pisses me off.

His "circle" used to be called Elite Trading Mastery, he didn't have any disclaimers in old videos. I remember everytime I asked him how much he made scalping for the day his response didn't go below a million.

This guy needs to be put behind bars, he tricked a lot of people, desperate and financially challenged people. He feeds on them.

This Kim guy is not good at being confronted with facts. He'll burst out and start badmouthing you. He'll even use his son's Facebook account, Spencer, to talk shit to you too.

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  #87 (permalink)
 martinforsure 
new york
 
Experience: Intermediate
Platform: Ninjatrader
Trading: ZB
Posts: 3 since Nov 2016
Thanks Given: 4
Thanks Received: 2

I was in a group of students just when he started back in 2013-2014. After a few months i found out, nothing he teached worked. He made a guy trade ZB futures with his strategy, 3 tick profit 15 tick stop. he lost a fortune, never traded again. After a while all left him, even his wife. He's a very scary guy, who uses his son as example as a trader that was teached by him, and makes 1000's of dollars before gonig to school. The poor guy was 8 years old and knew nothing about trading. It goes on and on.

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  #88 (permalink)
 5xtrad 
atlanta, ga
 
Experience: Beginner
Platform: NinjaTrader
Trading: ES, CL, YM
Posts: 4 since Oct 2011
Thanks Given: 15
Thanks Received: 1

I want to add some Key words to this thread in case someone searches futures.io for info on this guy. He is still out there.
Master Kim
Master Kim's Trading Academy
M-Trading Academy
mtradingacademy.com

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  #89 (permalink)
 planetkill 
New York City + NY/United States
 
Posts: 356 since Sep 2018
Thanks Given: 108
Thanks Received: 311


Kasitlyo View Post
I have a legal question and need a desperate help, I agreed to a Mentor for a year membership of $--K/month on mentoring and now I figured that he is just hustling the group of his students, so I bailed out after Three months. Now he is threatening to sue me and garnish the rest of amount on my income and property. He claimed to be really rich and his group can move the market and giving directions where the market (ES mini) will do, and I start noticing he got images/pictures trades that is fake or scripted when it is all shown as making money (so basically SIM trade and images it as his live trades). I try to follow it in SIM to copy and practice and its impossible to follow all his winning. Does any traders got this type of experience, want to know, how can I protect myself from him in the court just in case. I only agreed on his website and leave my Credit Card in the file for monthly due, CC is now closed and I am only trading since last March when Covid-19 starts. Thank you for any advice, please help me...

You should welcome the lawsuit, and use the discovery phase of the trial to expose the same. And also counter-sue for cost costs + damages.

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Last Updated on February 13, 2023


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