Winning anglers file suit -- X-LOBSTERMAN'S MESSAGE BOARD

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Date Posted: 17:14:42 06/26/03 Thu
Author: Randall
Author Host/IP: 142.177.85.117
Subject: Winning anglers file suit

Thursday, June 26, 2003

Winning anglers file suit
They say they are owed prize money and a truck or the cash equivalent from last year's Finnseeker mako tournament.

By DAVE STREGE
The Orange County Register

The winning team in the 2002 Mako Madness Charity Tournament in Dana Point is suing FinnSeeker Sportfishing and Tournaments for breach of contract, negligence and fraud.

Team Muchos Luckies has not received a truck it won or the cash equivalent, nor has it received all the money it is due for winning the contest, the team says in its lawsuit. It is seeking $27,235 in damages, and punitive damages.

A hearing is set for Aug. 12 in Superior Court of Orange County.

Anglers paid $600 per team to enter the two-day event last July, competing to see which team could catch and release the most mako sharks. The top three teams won cash prizes. Catching more than 30 sharks qualified teams for a drawing for a truck.

Chugey Sepulveda of Orange, Scott Aalbers of Avalon and Hawkins Dowis of San Diego - Team Muchos Luckies - filed suit against Chris Badsey, tournament director and owner of Finnseeker, in March. According to the anglers, they agreed to take the cash option for the truck and were asked to sign a release, but the form, which they received more than three months after the event, did not say how much cash they would get.

"All we wanted was a re-draft of this with some type of dollar amount," Sepulveda said.

"We have no problem signing this, but we just want to know how much it is, because (Badsey) could say the vehicle is worth $12. Once we sign this ... we would've been stuck."

Badsey said he didn't and still doesn't know the value of the truck.

The costs range from $18,000 to $26,000, depending on the type of truck. The type of truck is also in dispute, the anglers said.

The Ford dealer Badsey dealt with said he agreed to sell FinnSeeker a truck at dealer cost for the contest.

Badsey said his attorney drew up the release form and said he doesn't understand half of it, calling it "all legal jargon." He would not give his attorney's name.

Asked if he would be willing to sign such an agreement himself, Badsey replied: "I must be honest. I wouldn't unless I knew what the cash amount was."

Aside from winning the truck drawing, Team Muchos Luckies received a check for $8,880 from FinnSeeker for winning the tournament. First place was to receive 50 percent of the entry fees. Based on the number of anglers, Sepulveda said he figured the winner's share should be $12,000, so he e-mailed Badsey, asking him to explain the payout.

Badsey replied that 20 percent of the $24,000 entry fees would go to charity, leaving $19,200 to be divided, Sepulveda said.

He wrote that Team Muchos Luckies' 50 percent cut of that was $9,600, less $720 for taxes, leaving $8,880.

However, Badsey did not donate the 20 percent to charity because, he said, "By the time we got to the final costing, there was nothing left."

In fact, none of the previously advertised charity tournaments produced by FinnSeeker since 2000 have resulted in any funds being donated to charity.

Badsey explained that, "We have never made a profit ... not even a cent" and therefore had no proceeds to donate to charitable organizations.

Badsey said he lost $21,000 of his own money putting on the shark tournament last July.

As for Team Mucho Luckies' tax withholding, Badsey said he sent 1099 forms for each of the three anglers to the IRS. The three anglers said they did not receive 1099 statements from the IRS.

Badsey said that after the suit was filed, investigators found the team had broken a contest rule, which would invalidate its victory, but he refused to be specific.

Aalbers said he saw on an Internet fishing message board that Badsey alleges that one team member was a full-time commercial fishermen, a violation of the event rules. Aalbers said none are commercial fishermen.

An Internet posting by Badsey said the team all passed a polygraph test after the event.

Badsey has stopped promoting his tournaments as charity events because none was benefiting.

The Make A Wish Foundation was to receive proceeds from the first two mako shark tournaments put on by FinnSeeker in 2000 and 2001.

The Pediatric Cancer Foundation and Kids with Cancer also were listed in pre-tournament promotions but never got money because, Badsey said, the tournaments have never made money.

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Replies:

Re: Related Story -- Randall, 04:01:19 07/26/03 Sat