INDIVIDUAL LICENSEE ISSUES:
Auctioneers - Joe Wilson, Arkansas
(complaint also entails Tommy Ray Assister, Texas; and Marvin Henderson, Louisiana)
Date(s) of Alleged Auction Violations:
Complaint Entails RV Auction of November 18, 2011. Complaint alleges that auction falsely advertised as "absolute" (sells regardless of price) and also includes allegations by the complainant, Mr. Robert J. Kite, of Kite Brothers, LLC wherein Mr. Kite makes a point-blank assertion that Joe Wilson and Marvin Henderson (high bidder at the auction) were IN COLLUSION on the auction.
November 5, 2012 Louisiana Auctioneers
Licensing Board (LALB)
LALB v. Wilson Auctioneers
Note: Due to continual changing of the date of this meeting (originally November 19, then November 12, then November 5) with it being tossed abound like salad, neither LAPA President Rev. Freddie Phillips nor Vice President Robert Burns attended. Therefore, no video file for this hearing is available. A video file likely would not have been of much value anyway because of the manner in which the LALB summarily dismissed the whole complaint. What follows is an audio clip of discussion of LALB v. Wilson Auctioneers (Joe Wilson) which took place during the regular LALB meeting of November 5, 2012:
LALB Discusses LALB v. Wilson Auctioneers During 11/5/12 Regular LALB Meeting
Chairman Steinkamp: "Shit hit the fan."
LALB v. Wilson Auctioneers Synopsis:
Mr. Wilson, an auctioneer from Arkansas, allegedly conducted an RV auction in Tranquility Bay in Toledo Bend, and he allegedly advertised this auction as ABSOLUTE (meaning sells regardless of price) and the final bid (which reportedly ranged from $130,000 - $160,000) was grossly insufficient to satisfy the security agreement in place against the RV. Thereafter, the creditor, Robert J. Kite of Kite Brothers, LLC, filed the complaint at the link above.
Mr. Henderson ended up high bidder at the auction,
page 17 of
the preceding complaint documentation),
Mr. Henderson relayed "....that was fine if the owners want the RV back.
He would be glad to release it back to them and not pay for it. He was
kind enough to release it back to our seller......"
Mr. Kite perceives that Mr. Henderson's action of so willingly agreeing to merely "let the seller have
it back" at an ABSOLUTE auction runs TOTALLY and COMPLETELY CONTRARY to what a
TRUE GOOD-FAITH auction bidder would do!! Mr. Kite contends that a TRUE good-faith bidder would be screaming
mad and DEMAND that the terms of the auction, absolute selling to the highest
bidder regardless of price, be adhered to. Mr. Kite also contends that,
before the absolute auction terms are agreed to, if the seller doesn't have the
funds to cure the difference between the final bid and the security agreement,
the AUCTIONEER should be responsible for making up the difference. Mr.
Kite contends that
was SUPPOSED to be a risk taken on by advertising an auction absolute.
Mr. Kite's contentions form the basis for his assertion that Henderson and Wilson were "in
collusion" (i.e. Kite's contention that Henderson's "generosity" running counter to what a normal
good-faith bidder would do!!!).
Next we have the following excerpt taken from correspondence received by the LALB from Mr. Joe Wilson (see page 23 of the documentation link above):
"I served on the Arkansas Auctioneers Licensing Board for 15 years, 3 terms and was Chairman of the board on 3 different occasions during that 15 year run. Every complaint, when I was a board member, was listened to very closely and taken very seriously, which I am sure your board has done in this instance. However, when it came to the hearing process, especially when I was dealing with an out of state auctioneer, I was very careful when considering a hearing with an auctioneer outside of Arkansas for several reasons. One reason being: time out of their office, expenses getting to the hearing and I always felt like a complaint needed to warrant a hearing before that decision was made. Based on all the information I have provided you, in my opinion, there certainly has not been a violation committed here."
Result: Mr. Wilson fails to show up for the hearing because he and Mr. Henderson were reportedly at a National Auctioneer's Foundation Board Meeting in Kansas City, MO on the day of the hearing (imagine THAT!!). In this situation, we have two self-proclaimed "legendary" auctioneers for whom the LALB opts to just "grant a pass." Similarly, as LAPA Vice President Robert Burns relays in this video in which he correlates the LALB with the Mafia, Mr. Wilson and Mr. Henderson would be considered "made men" in the Mafia-equivalent world of auctioneering. Thus, as with the Mafia (where you can't discipline a "made man" without the proverbial "sit down"), the LALB lacks the backbone to go after "made men" or "made women." Accordingly, the LALB simply goes into executive session and, after brief discussion, relays that "no action is necessary." [You read CORRECTLY!!!!!!].
Mr. Kite, the creditor who filed the complaint, indicated after the "hearing" that he was really glad he didn't attend the so-called "hearing" because, as he expressed in his correspondence to LALB Attorney Anna Dow, "it's a case of the fox guarding the hen house" (see page 28 of his complaint link above). He indicated that he could readily tell merely from speaking with Ms. Dow, whom he said relayed, "these are prominent auctioneers and this Board isn't going to rule against them" that the whole proceeding would be a joke. He is on record as inquiring: "Why waste my time?" Good observation, Mr. Kite!!!!!!!
O. K. Mr. Wilson states above that "there certainly has not been a violation committed here." Well, Consider The Following:
Mr. Wilson came into Louisiana and conducted an RV auction under the following circumstances:
1. without a written contract of ANY kind with the consignor (the RV was just "thrown in" with the auction for a separate consignor), a CLEAR auction violation,
2. advertised an RV to be sold at ABSOLUTE auction in Toledo Bend (see ads in documentation above) even though HE WAS TOLD by the creditor long beforehand the amount of the security agreement, so without making provision for the sale to transpire (via making provision for coverage of any deficiency), this was UNEQUIVOCALLY false and misleading advertising (another CLEAR violation),
3. ends up with a high bidder who is such a close friend of his that the two of them are at a conference in Kansas City, MO the VERY day of a scheduled hearing and who is "fine with just letting the seller have the RV back" (an action Mr. Kite astutely perceives that Mr. Wilson KNOWS runs TOTALLY contrary to the reaction that any good-faith bidder ought to have!!!).
Accordingly, apparently because a bunch of TX auctioneers threaten to "yank their Louisiana licenses," and because two "high profile" auctioneers (James Sims' words) assert Wilson is getting a "raw deal," the LALB sees fit to "grant a pass." This particular auction perhaps exemplifies about as well as can be illustrated the rank corruption which exists within the regulatory body of the auction industry in Louisiana on the part of the Louisiana Auctioneer Licensing Board (LALB). It CLEARLY depicts a Mafia-like, "good 'ole boy" network wherein consumers can be defrauded left and right and the LALB could not give a continental damn!!
Note: Refer to the 7:11 - 8:33 mark of this July 16, 2012 LALB meeting video for detailed discussion of the Joe Wilson auction implosion. Thereafter, refer to the 25:00 - 25:15 mark of this September 17, 2012 LALB meeting video for Mr. Marvin Henderson's attempt to defend Joe Wilson but with such attempt being abruptly shut down by Chairman Steinkamp.