New Mexico Better Business Bureau criminal complaint

First posted
Wednesday January 25, 2006 13:30
Updated
Thursday April 20, 2006 10:52

We try again!

Whoops! Not .com, it's .gov!



Friday March 3, 2006

certified return requested mail and email

Judy Tichenor
BBB of New Mexico
Consumer Relations Specialist

Better Business Bureau
2625 Pennsylvania NE Suite 2050
Albuquerque NM 87110-3657
Phone: (505) 346-0110 24 hours
800-873-2224 (NM only)
http://www.bbbnm.com/
jerry@bbbnm.com
bureau@bbbnm.com
members@bbbnm.com
comments@bbbnm.com

Dear Ms Tichenor:

We've been having difficulty receiving satisfactory responses from Mr Shipman regarding our business complaint against Cibola Internet Services.

See http://www.prosefights.org/cibolafraud/bbb/bbb.htm#shipman1 and http://www.prosefights.org/cibolafraud/bbb/bbb.htm#shipman2.

We feel that it is the responsibility of the BBB to protect citizens against

non-delivery of goods or services you paid for
the company's failure to perform as it agreed to, either orally or in writing

We feel that it is improper of the BBB to deny its cooperation and services to investigate our complaint against Cibola Internet Service.

Please

1 cite any BBB charter rules [and date enacted] that authorizes BBB to deny service to its constituents.

2 please provide us with the names, addresses, phone numbers and email addresses of BBB board members.

We would appreciate receiving information requested in 1 and 2 by March 10, 2006.

Sincerely,



Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net
505-323-7277



William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net
505-292-7037

Email distribution

Jerry Shipman, President BBB


Friday March 3, 2006

certified return requested mail and email

Mr Jerry Shipman, President
Better Business Bureau
2625 Pennsylvania NE Suite 2050
Albuquerque NM 87110-3657
Phone: (505) 346-0110 24 hours
800-873-2224 (NM only)
http://www.bbbnm.com/
jerry@bbbnm.com
bureau@bbbnm.com
members@bbbnm.com
comments@bbbnm.com

Dear Mr Shipman:

We sent you a January 31, 2005 email asking you several questions seen at http://www.prosefights.org/cibolafraud/bbb/bbb.htm#shipman2.

Also we asked that you investigate our complaint against Cibola Internet Services and return an investigation report by February 3, 2006.

We didn't get any response from you.

Cause, of course, could be that you didn't get our January 31, 2005 email.

So we enclose a copy of our January 31, 2005 email with this email/certified letter.

We ask that you respond to our January 31, 2005 request by March 10, 2006.

Sincerely,

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net
505-323-7277

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net
505-292-7037

• advertising you think was misleading
• selling practices you think are deceptive or otherwise improper
non-delivery of goods or services you paid for
• a guarantee or warranty that was not honored
• unsatisfactory service after your purchase
• credit or billing problems
the company's failure to perform as it agreed to, either orally or in writing

Tuesday January 31, 2006

By email

Mr Jerry Shipman, President
Better Business Bureau
2625 Pennsylvania NE Suite 2050
Albuquerque NM 87110-3657
Phone: (505) 346-0110 24 hours
800-873-2224 (NM only)
http://www.bbbnm.com/
jerry@bbbnm.com
bureau@bbbnm.com
members@bbbnm.com
comments@bbbnm.com

Dear Mr Shipman:

We respond to your email seen at http://www.prosefights.org/cibolafraud/bbb/bbb.htm#shipmanresponse

January 28, 2002 you wrote

We do not get involved with issues involving goverment agencies.

See http://www.prosefights.org/nmlegal/betterbusinessbureau/betterbusinessbureau.html#shipman

January 26, 2006 at 1:26 PM you wrote

I'm sorry but the BBB does not handle complaint alleging fraud or other ciminal activities.
.
See http://www.prosefights.org/cibolafraud/bbb/bbb.htm#shipmanresponse.

It appears to us that you have a history of pattern and practice of attempting to side-step your BBB duties.

Please forward to us by email citations from the BBB charter showing that you are not allowed to investigate complaints alleging non-delivery of goods or services you paid for and the company's failure to perform as it agreed to, either orally or in writing which may or may not be in violation of New Mexico criminal law.


And that you are not allowed to investigate government agency complaints alleging non-delivery of goods or services you paid for and the company's failure to perform as it agreed to, either orally or in writing.


Please cite the dates that these rules were inacted.


Please return a signed verified response.


We continue to ask that you investigate our complaint against Cibola Internet Services and return the investigation report by February 3, 2006.

Sincerely,

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net
505-323-7277

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net
505-292-7037



Wednesday January 25, 2006

Certified - return receipt requested and email

Mr Jerry Shipman, President
Better Business Bureau
2625 Pennsylvania NE Suite 2050
Albuquerque NM 87110-3657
Phone: (505) 346-0110 24 hours
800-873-2224 (NM only)
http://www.bbbnm.com/
jerry@bbbnm.com
bureau@bbbnm.com
members@bbbnm.com
comments@bbbnm.com

Dear Mr Shipman:

Purposes of the eletter/letter are to seek help from the Better Business Bureau to mitigate damages caused by Cibola Internet Services unwarranted and illegal destruction of our website previously seen at http://www.nmol.com/users/billp/index.htm.

All evidence of guilt of Cibola Internet Services, which includes credit card fraud, is in writing.

We posted evidence in writing at our website demonstrating judicial and political misconduct.

Cibola Internet Services denied both us and our readers access to the above website, thus violating in writing our First Amendment right to free speech.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Some of the documents relate to us not getting what we paid for and guaranteed inviolate by New Mexico and federal constitutions. Right to paid for trial by jury.

You were involved in an unsuccessful attempt to get what we paid for.

You, in fact, advised us to contact New Mexico attorney general. See your letter at http://www.prosefights.org/nmlegal/betterbusinessbureau/betterbusinessbureau.html#shipman

Attorney general Patricia Madrid did nothing to remedy us not getting what we paid for and are guaranteed inviolate under New Mexico and federal constitutions.

We first need to establish the facts in this request for help.

Then we can discuss possible remedies.

Our experience has shown that lawyers and others either do not wish, are intellectually unable, incompetent, dishonest, or don't have appropriate educational background to reason-out their decisions based on the facts.

Therefore, we ask you to respond to the questionnaire below to establish the facts.

We ask that you submit the Investigation Report by February 3, 2006.

When your Investigation Report is received, then we will make a settlement offer to Cibola Internet Services through the Better Business Bureau.

Sincerely,

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net
505-323-7277

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
bpayne37@comcast.net
505-292-7037


Investigation Report

QUESTION 1:

Is there within the written charter of the Better Business Bureau of New Mexico a rule forbidding involvement in remedy of fraud by government government agencies.

Circle answer to question.

TRUE
or

FALSE

QUESTION 2:

If the answer to QUESTION 1 is TRUE, then on what date was rule forbidding involvement in remedy of fraud by government government agencies entered into the Better Business Bureau of New Mexico written charter

_______________________

QUESTION 3:

Allegations made in draft newspaper article titled Crooked New Mexico judges get caught in writing seen at http://www.prosefights.org/#article are all supported by documents written by people in authority.

Circle answer to question.

TRUE
or

FALSE

QUESTION 4:

April 13, 2005 Cibola Internet Services denies paid for Internet services by forbidding public access to website and denying FTP access. See http://www.prosefights.org/cibolafraud/cibolafraud.htm#april13

Circle answer to question.

TRUE
or

FALSE

QUESTION 5:

Cibola Internet Services employees Louis Uttaro and Sal Chavez accuse Payne of violating Cibola Internet Service Agreement #14 and shut down paid for website. See http://www.prosefights.org/cibolafraud/cibolafraud.htm#uttarochavez
Circle answer to question.

TRUE
or

FALSE

QUESTION 6:

Payne files two credit card fraud complaints with US Bank and Cibola Internet Services CFO, Debra Uttaro, attempts to justify shutting down paid for website.

See http://www.prosefights.org/cibolafraud/cibolafraud.htm#duttaro


TRUE
or

FALSE

QUESTION 7:

US Bank investigator Lane Gronli asks for response from Payne.
See http://www.prosefights.org/cibolafraud/cibolafraud.htm#gronliletter

TRUE
or

FALSE

QUESTION 8:

Payne denies Cibola Internet Services' accusation that he violated any law or rule. See http://www.prosefights.org/cibolafraud/cibolafraud.htm#togronli

TRUE
or

FALSE

QUESTION 9:

Cibola Internet Services' accusations are shown to be unjustifiable according to US Bank's investigation.

US Bank investigator Lane Gronli conducted the investigation.

US Bank Investigator credits Payne's account for fraudulent billings
See http://www.prosefights.org/cibolafraud/cibolafraud.htm#usbank1
and http://www.prosefights.org/cibolafraud/cibolafraud.htm#usbank2


TRUE
or

FALSE

QUESTION 10:

Louis Uttaro, Debra Uttaro, and Sal Chavez have apparently committed the crime of credit card fraud.

TRUE
or

FALSE

QUESTION 11:

New Mexico defines

30-11-1. Libel.

Libel consists of making, writing, publishing, selling or circulating without good motives and justifiable ends, any false and malicious statement affecting the reputation, business or occupation of another, or which exposes another to hatred, contempt, ridicule, degradation or disgrace.

Whoever commits libel is guilty of a misdemeanor.

The word "malicious," as used in this article, signifies an act done with evil or mischievous design and it is not necessary to prove any special facts showing ill-feeling on the part of the person who is concerned in making, printing, publishing or circulating a libelous statement against the person injured thereby.

A. A person is the maker of a libel who originally contrived and either executed it himself by writing, printing, engraving or painting, or dictated, caused or procured it to be done by others.

B. A person is the publisher of a libel who either of his own will or by the persuasion or dictation, or at the solicitation or employment for hire of another, executes the same in any of the modes pointed out as constituting a libel; but if anyone by force or threats is compelled to execute such libel he is guilty of no crime.

C. A person is guilty of circulating a libel who, knowing its contents, either sells, distributes or gives, or who, with malicious design, reads or exhibits it to others.

D. The written, printed or published statement to come within the definition of libel must falsely convey the idea either:

(1) that the person to whom it refers has been guilty of some penal offenses;

(2) that he has been guilty of some act or omission which, though not a penal offense, is disgraceful to him as a member of society, and the natural consequence of which is to bring him into contempt among honorable persons;

(3) that he has some moral vice or physical defect or disease which renders him unfit for intercourse with respectable society, and as such should cause him to be generally avoided;

(4) that he is notoriously of bad or infamous character; or

(5) that any person in office or a candidate therefor is dishonest and therefore unworthy of such office, or that while in office he has been guilty of some malfeasance rendering him unworthy of the place.

E. It shall be sufficient to constitute the crime of libel if the natural consequence of the publication of the same is to injure the person defamed although no actual injury to his reputation need be proven.

F. No statement made in the course of a legislative or judicial proceeding, whether true or false, although made with intent to injure and for malicious purposes, comes within the definition of libel.

Louis Utarro, Debra Uttaro and Sal Chavez have apparently committed the New Mexico crime of Libel by falsely claiming that Payne violated Cibola Internet Services Agreement #14.


TRUE
or

FALSE

QUESTION 12:

Louis Uttaro, Debra Uttaro, and Sal Chavez apparently violated Morales' and Payne's First Amnendment right of free speech by shutting down http://www.nmol.com/users/billp/index.htm

TRUE
or

FALSE
VERIFICATION


I declare that the foregoing is true and correct.

Executed on ___________________

______________________________
Jerry Shipman

Notary Public ______________________________________

Cibola Internet Services credit card fraud page.