INDIVIDUAL LICENSEE ISSUES
(auctioneers based in Louisiana unless otherwise noted)

 


LAPA Vice President Robert Burns explains the
 Louisiana-licensed auctioneer issues page

and why auctioneers have been so enraged by it.

 

 

Assister, Tommy Ray - Texas   

(Also includes Joe Wilson, Arkansas; Wilson Auctioneers, Arkansas; and Marvin Henderson, Louisiana).

 

Complaint entails a botched RV auction conducted on November 18, 2011.    If true, the allegations constitute shill bidding.  Link provided to public comments on shill bidding made by Marvin Henderson.

 

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Auction Barn (The) and G & R Auction Barn    

 

LALB, for unexplained reasons, enters into Executive Session on November 5, 2013 for consideration of reinstating the business application of The Auction Barn (Pineville, LA).  On January 15, 2014, an Administrative Hearing transpires for G & R Auction Barn, an entity owned by Gary and Randy Hayes.  They'd purchased The Auction Barn from their Uncle, Eddie Hayes, around mid-2011; however, they readily admitted they had no idea how to operate an auction business and lost close to $100,000 of their retirement savings during their auction foray.  Meanwhile, Uncle Eddie sought to take back over, so the January 15, 2014 meeting included discussion of reinstatement of his auction license.

 

On November 5, 2014, Ken Buhler victim (and LALB complainant), Judy Fasola, voices her frustration at the disparity of treatment entailing her efforts for the LALB to file a bond claim on her behalf v. the relative ease of David Swift (G & R Auction Barn victim) and Brant Thompson (son of Louisiana State Sen. Francis Thompson and deceased auctioneer Bruce Miller).

 

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Babb, Keith   

 

November, 2010 dump truck auction.  Mr. Babb is one of only two Louisiana auctioneers in the National Auctioneer Association (NAA) Hall of Fame (the other being Marvin Henderson).

 

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Beisch, Donald   

 

Entails the conducting of an auction with no license on April 16, 2011 in Springhill, Louisiana.

 

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Bonnette, Barbara

 

Shill Bidding public comments, No TX auction license, sales tax issues, ad violations, etc

Despite complaining to the LALB in mid-2013 that "licensing fees are getting out of hand," Ms. Bonnette, on May 6, 2014, stated to the LALB:  "I'd rather have a $500 licensing fee than a $5 licensing fee."  She said that in response to a proposal to, as a result of massive excess funds held by the LALB, reduce the licensing fee for in-state renewals from $150 to $5.  During her statements, Bonnette associate Chris Lemoine attempted to block LAPA's videotaping of Ms. Bonnette's comments, resulting in colleague and LAA President Wiley Collins (see below) saying, "We're tired of all these f------ disruptions."

 

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Brister, Mark       

 

September 10, 2013:  LALB immediately (no hearing) suspends auction license "for his arrest and pending charges for the sale of stolen goods."   

 

November 5, 2014:  Brister rejects the LALB's terms for license reinstatement.  During the hearing, revelations are made regarding disregard for reserve prices, approximately $60,000 in NSF checks, etc.

 

January 13, 2015:  Brister, taking a page right out of the Jimmy Swaggart playbook (whole business will collapse if I'm not behind the pulpit err....auction stand) pleads with LALB for mercy and to reinstate personal license.  When he states that he can "make a million dollars overnight," NOBODY on the LALB even questions how!!  LALB caves and reinstates license. 

 

September 1, 2015 & November 10, 2015:  LAPA Vice President Robert Burns expresses concern at the 9/1/15 meeting that the public will think Brister is actively conducting auctions since he is listed on the LALB's website as possessing an active license.  Burns indicates that must mean the LALB managed to "find him."  At the 11/10/15, Burns expresses shock that the LALB considered him "found" upon receiving a TEXT from him.  Board Attorney Dow explains he can't be located as purported to be "working on a pipeline either in California or Colorado."  LALB once again suspends his license.  Burns also questions why no LALB member was concerned with Brister's contention that he could "make a million dollars overnight," and LALB Member Darlene Jacobs-Levy states there was no reason for concern as she can "do the same thing."    

 

July 11, 2016 & November 7, 2016:  Evidence revealed that Brister fleeced his ex-wife out of thousands of dollars after the LALB "legitimized" him in giving his license back.  Brister once again applies to have his license reinstated.

 

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Brown, Cecil       

 

Brief historical background of Mr. Brown's felony conviction for his role in former 4-term Louisiana Governor Edwin Washington Edwards' public corruption trial.  That brief background is followed by a July 16, 2012 LALB Administrative Hearing at which Mr. Brown was found guilty of five (5) counts of having violated auction statutes entailing a consignor, Lance Chipmen of the state of Washington, who consigned equipment to Mr. Brown approximately 2 - 3 years prior to the hearing date.   

 

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Bruner, Michael - Texas

 

LALB discusses application at May 5, 2015 meeting in light of Texas felony conviction.  After meeting, LALB Member Darlene Jacobs-Levy provides bizarre response regarding why she voted against Bruner's application despite voting in favor of hiring LALB attorney Larry S. Bankston despite his felony conviction for which he served 33 months in Federal prison

 

 

 

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Buhler, Ken

 

Chronological history of all issues, including 5-year license revocation (2005 - 2010), Federal Court finding Buhler civilly liable for the fraudulent use of Interstate Commerce Instrumentalities, LALB hearing post-license-reinstatement (March - May, 2013) wherein Estate Auction Services (EAS) was found guilty of violating two auction statutes.  Ken Buhler's father, Mac, formed EAS simultaneous with Ken Buhler's license reinstatement in 2010 in order to provide strict supervision over his son's operations due to all the past losses pre-2005 revocation. 

 

On November 5, 2014, Ken Buhler victim (and LALB complainant), Judy Fasola, voices her frustration at the disparity of treatment entailing her efforts for the LALB to file a bond claim on her behalf v. the relative ease of David Swift (G & R Auction Barn victim) and Brant Thompson (son of Louisiana State Sen. Francis Thompson and victim of deceased auctioneer Bruce Miller).

 

On January 13, 2015, Fasola (see 11/5/14 entry) points out all the inaccuracies of LALB members statements at the 11/5/14 meeting and says she may sue the Board through her attorney, Mike Davis.

 

On March 10, 2015, LALB states that, Fasola frustration over the LALB's retracting on its commitment to file a bond claim notwithstanding, the LALB has "sole discretion" regarding whether it files a bond claim or not.

 

On November 10, 2015, Fasola again shows up and complains about Buhler once again.  She did so upon being informed by LAPA officials that, though the LALB has not done so publicly, Ken Buhler's license has quietly had the same restrictions placed back upon it as were in place at the time she claims she was victimized by him.

 

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Burns, Robert

 

9/17/12 "Hearing" focusing on potential payroll fraud of LALB Executive Director wherein LALB accuses Burns of "going after our employee."  Subsequent lawsuit filed by Burns as a result of the so-called "hearing."  LALB's foolhardy pursuit of a Writ of Attachment against Burns, for which it merely flushed $2,100 right down the toilet when Judge Hernandez ruled against the LALB in 19th JDC on August 28, 2013.

 

 

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Carter, Barney

 

Guidance requested from LALB @ 6/20/11 meeting in light of felony conviction.

 

 

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Collins, Wiley

 

Mr. Collins, newly-elected President of the Louisiana Auctioneer's Association (LAA), lambasted LAPA regarding the content of this webpage at the LALB meeting of July 9, 2013. 

 

Mr. Collins also had a $21,000 Federal tax lien recorded against him in Livingston Parish on 9/21/10.

 

Collins concurs with Bonnette (see above) on May 6, 2014 that "I'd rather have a $500 licensing fee than a $5 licensing fee."  Thereafter, Bonnette associate Chris Lemoine attempted to block LAPA's videotaping of Ms. Bonnette's comments, Mr. Collins said, "We're tired of all these f------ disruptions." 

 

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Comer, James Kenneth

 

Mr. Comer, while serving in his capacity as Chairman of the LALB, was quite unhappy with LAPA Vice President Burns testifying in favor of strengthening Louisiana's shill bidding laws.  Accordingly, he pursued ethics charges against Burns, which were summarily dismissed by the State Board of Ethics.  Also, see embarrassing episodes entailing Mr. Comer as Chairman of the LALB.

 

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Davis, Martin - Pennsylvania

 

Disciplined by Ohio licensing authorities ($200 fine) for assisting an unlicensed LLC in conducting an auction and also disciplined by North Carolina licensing authorities (six-month license suspension) for "the actions of other employees." 

 

 

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Deshotels, Wade

 

Failed to have active auction license for auctioning a few "chickens and rabbits" in mid 2012.

 

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Durham Auction - Mississippi (and William Jones - Mississippi)

 

Durham auction principals charged with felony embezzlement resulting from irregularities with Mississippi auctions and the City of Kenner being fleeced out of over $500,000Jones also improperly simultaneously claimed dual residency in both Louisiana and Mississippi for eight (8) years. 

 

 

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Goldberg, David

 

Requested apprentice license (under Jerry Rosato) at November 15, 2011 LALB meeting.  Considerable deliberation transpired that day and thereafter due to Mr. Goldberg's father, Morton, having caused losses to consignors well over a decade prior to Mr. Goldberg's application being considered. 

 

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Guinn, John E. "Johnny" (LA Representative:  R-Jennings)

 

Filed legislation (HB-66) to repeal auctioneer continuing education, launched into a profanity-laced tirade against LAPA Vice President Burns immediately after Burns' Louisiana House testimony to strengthen Louisiana's shill bidding laws, publicly stated "embarrassment" at Burns' testimony, sent letter to Gov. Jindal seeking Burns' removal from the LALB (on which Jindal obliged 10 days later and terminated Burns' LALB services).

 

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Hammock, Bryan (Virginia)

 

Stipulation agreement discussed to address the issue that Hammock lacked proper licensing for a Louisiana auction he conducted. 

 

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Hardy, Nicholas

 

At the July 11, 2016 LALB meeting, Mr. Hardy agreed to serve as sponsor for Edward Heaston to serve as an apprentice under him.  Mr. Heaston is a convicted felon from Arizona having been convicted of fraudulent schemes and third-degree burglary.   

 

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Heaston, Edward

 

At the July 11, 2016 LALB meeting, Mr. Heaston was approved to serve as an apprentice under Nicholas Hardy.  Mr. Heaston is a convicted felon from Arizona having been convicted of fraudulent schemes and third-degree burglary.   

 

 

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Henderson, Jeff

 

LALB Member2016 Federal lawsuit alleging the aiding and abetting of fraud allegedly committed by his father, Marvin Henderson.

 

In November of 2016, a complaint is discussed by the LALB entailing Henderson having allegedly tacitly approved of his father, Marvin, fraudulently represented himself as a notary when, as a convicted felon, Marvin Henderson is ineligible to serve as a notary in Louisiana.

 

 In December of 2016, First Guaranty Bank (Hammond, Louisiana) asserts that Jeff Henderson incurred nearly $1 million in alleged wire transfer fraud losses due to his OWN "negligence, inattention, lack of supervision , etc."

 

In January of 2017, U. S. District Judge Shelly Dick issues a scathing ruling DENYING Marvin Henderson's motion to be dismissed from the fraud allegations referenced above.

 

 

 

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Henderson, Marvin

(Also includes consumer complaint entailing alleged collusion involving Tommy Ray Assister, Texas; Joe Wilson, Arkansas; and Wilson Auctioneers, Arkansas.  If true, the allegations constitute shill bidding).

 

Felony conviction for mail fraud (resulting in license suspension in Alabama), judgment from Mississippi State Revenue Department recorded in Livingston Parish, extensive quotes against strengthening Louisiana's laws on shill bidding, lawsuit filed by Louisiana Department of Revenue alleging underpayment of state sales taxes (settled in late 2015).

 

In 2015, sues his brother for alleged copyright infringement after his brother broke off and formed his own auction company.  In 2016, is effectively sued by his own son, LALB member Jeff Henderson, for alleged fraud entailing a former business associate, Blake Everett.

 

In November of 2016, a complaint is discussed by the LALB entailing Henderson having allegedly fraudulently represented himself as a notary when, as a convicted felon, he is ineligible to serve as a notary in Louisiana.

 

 In December of 2016, First Guaranty Bank (Hammond, Louisiana) asserts that Marvin's father, Jeff Henderson, incurred nearly $1 million in alleged wire transfer fraud losses due to his (Jeff's) "negligence, inattention, lack of supervision , etc."

 

In January of 2017, U. S. District Judge Shelly Dick issues a scathing ruling DENYING Marvin Henderson's motion to be dismissed from the fraud allegations referenced above.

 

Mr. Henderson is one of only two Louisiana auctioneers inducted into the National Auctioneer's Association (NAA) Hall of Fame (the other being Keith Babb).

 

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Holbrook, Stuart - Maryland

 

July 16, 2012 LALB consideration of reinstatement of Mr. Holbrook's auction license.  Link provided to article regarding Candy Spelling, widow of Aaron Spelling, suing Mr. Holbrook's firm over an antique doll collection auction.   

 

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Jackson, Harold Myers - Florida

 

Failed to pay taxes due on tools sales, resulting in disciplinary action in Florida followed by disciplinary action in Georgia for failure to disclose adverse Florida action.     

 

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Jones, William - Mississippi (and Durham Auction - Mississippi)

 

Durham auction principals charged with felony embezzlement resulting from irregularities with Mississippi auctions and the City of Kenner being fleeced out of over $500,000Jones also improperly simultaneously claimed dual residency in both Louisiana and Mississippi for eight (8) years. 

 

 

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Kelley, Kevin

 

At 7/18/11 LALB Meeting, discussion of Mr. Kelley paying 2011 auction license renewal with a check drawn on his consignor escrow account

Mr. Kelley followed that act up with an attempt to improperly renew his 2012 auction license by submitting an NSF check.

 

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Kunstler, Joseph "Jack"

 

Complaints:

1.  Early in career, stiffing a fellow auctioneer (not paying for services or items sold) which ultimately led to the revocation of his license.

2.  Allegedly "Stealing" a trailer and, upon the complainant's father attempting to retrieve, allegedly threatening "to shoot him."

3.  Allegations of shill bidding.

4.  Failing to submit documentation in a timely fashion upon conclusion of auto an auto auction.

 

Other Minor Issues:

 

Trivial ad violations and having to assure Forum 35 qualified as a valid charity for auction purposes.

 

Latest News:

 

Sues Gov. Bobby Jindal for failing to take action against Orleans Parish Assessor Erroll Williams for "illegally" imposing elevated property taxes on two of Kunstler's condominiums and thereafter allegedly charging usurious interest on the alleged unpaid taxes.

 

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Manheim Auctions (& Barry Shackelford - Alabama)    

 

Mr. Shackelford conducted auctions in Louisiana for Manheim Auctions without a Louisiana auction license.  Shackelford requested Executive Session when his reinstated license was considered by the LALB on May 20, 2013.  Manheim Auctions agreed to a stipulation agreement with the LALB on September 10, 2013 regarding utilizing Ms. Shackleford without him obtaining an auction license. 

 

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Leteff, Sean (Evangelist)

 

Has his auction license stripped after a business dealing goes awry.  Much to the chagrin of Ken Buhler complainant Judy Fasola, LALB motions to file a bond claim against Leteff's bond to "make his business associate whole again."

 

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Manuel, Bobby

 

LALB demonstrates its ability to choke on gnats and swallow elephants in conducting a full-blown hearing over a $25 dresser (for which Manuel testified he offered a full refund).  LAPA Vice President Robert Burns contrasts that with the egregious auction statute violations ignored by LALB Chairman Tessa Steinkamp entailing her employer, New Orleans Auction Galleries, to which Steinkamp gets quite upset.

 

 

 

 

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Massey, Joe

 

$6,000 judgment recorded against Mr. Massey's auction escrow account on May 8, 2007 as a result of Mr. Massey defaulting on a loan to Hancock Bank.  The judgment was cancelled as being satisfied on August 13, 2013.  On August 2, 2010, Mr. Massey made public comments regarding shill bidding

 

 

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Miller, Bruce (deceased for 2 1/2 years at time of hearing)

 


Hearing:  LALB v. Bruce Miller (deceased).  LAPA addresses speculation that the LALB may be bending over backwards to facilitate Louisiana State Senator Francis Thompson' son, Brant, in filing a bond to cover his alleged losses.  LAPA also discusses speculation that the "gentleman from New York" may have previously been affiliated with a Louisiana auctioneer with extensive past problems and that the gentleman from New York became disillusioned with that auctioneer and decided to apply for an apprentice license under auctioneer Terry Shirley.  This hearing entailed an auctioneer unable to defend himself 2 1/2 years after he died.  There was therefore nothing to keep the LALB from "throwing the book at him," and it's interesting to contrast how they did just that (throw the book at a deceased auctioneer) vs. how they gave Marlo Schmidt (see below) a pass but nevertheless indicated he'd materially misled Ms. Betty Story, and 83-year-old victim, and proceeded to instruct them to "go work things out in the hallway."        

 

On November 5, 2014, Ken Buhler victim (and LALB complainant), Judy Fasola, voices her frustration at the disparity of treatment entailing her efforts for the LALB to file a bond claim on her behalf v. the relative ease of David Swift (G & R Auction Barn victim) and Brant Thompson (son of Louisiana State Sen. Francis Thompson and victim of deceased auctioneer Bruce Miller).

 

 

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Mixon, Kevin

 

Auctioneer got caught in the middle of battling siblings of their mother's estate.  One sister of the estate claimed she was denied the right to bid absentee, while another sister, who was the executrix of the estate, indicated her sister was out to do nothing more than disrupt the auction and cause problems.  Therefore, she advised Mr. Mixon to ignore her sister's efforts to "harass" both the family and Mr. Mixon by disregarding her sister's attempt to contact Mr. Mixon (both in straight forward and surreptitious manners) early on the morning of the auction.      

 

 

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Murphy, Joel Allen

 

NSF checks, no escrow account, potentially problematic charity auction.        

 

 

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New Orleans Auction Galleries (NOAG)

 

This material is pre 4/1/11 bankruptcy.  NOAG was purchased out of bankruptcy by Susan Krohn, a Houston philanthropist with an impeccable business reputation and who herself lost close to $2 million in the NOAG bankruptcy.  There is no reason to believe that NOAG will experience the problems it did pre-bankruptcy, which included $600,000 in unpaid consignors and paying company operating expenses with consignor escrowed funds, under the new ownership of Susan Krohn.  Weblink also references auctioneer and LALB Chairman Tessa Steinkamp, who served as NOAG Vice President, Director, Secretary, and Treasurer pre-bankruptcy.  Weblink also references prior NOAG owner Jean Vidos.

 

 

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Nicosia, Deborah       

 

June 20, 2011 LALB presentation to change ownership of Rosemont Antiques and Interiors from Rene Ortlieb and Deborah Nicosia to Clifton Redlich in order to avoid the problem of Rene Ortlieb felony conviction.  Note:  Deborah Nicosia is a former wife of Ken Buhler

 

 

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Ortlieb, Rene       

 

June 20, 2011 LALB presentation to change ownership of Rosemont Antiques and Interiors from Rene Ortlieb and Deborah Nicosia to Clifton Redlich in order to avoid the problem of Rene Ortlieb felony conviction.  Note:  Deborah Nicosia is a former wife of Ken Buhler

 

 

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Phipps, Grover       

 

Multiple NSF checks.  LALB attorney Anna Dow:  "Complainants relay no effort to make good on checks until LALB got involved.  The LALB is not a collection agency for auction consignors." 

 

 

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Rosato, Jerry       

 

Failed to pay consignors for 3/12 auction and separate instance of failing to pay consignor for 8/09 auction Rosato walks out of hearing due to LAPA's videotaping and vigorously protests same.

 

 

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Rosemont Antiques and Interiors       

 

June 20, 2011 LALB presentation to change ownership of Rosemont Antiques and Interiors from Rene Ortlieb and Deborah Nicosia to Clifton Redlich in order to avoid the problem of Rene Ortlieb felony conviction.  Note:  Deborah Nicosia is a former wife of Ken Buhler

 

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Schmidt, Marlo   

 

83-year-old Ms. Betty Story relays what she referred to as a "nightmare" regarding her auction conducted by Mr. Schmidt.  Upon the auction's conclusion, Ms. Story relayed how shocked she was to learn that she owed him $201.11 after seeing the vast majority of her belongings being taken from her home by winning bidders!  The matter was considered by the LALB on September 10, 2013, after which Ms. Story initiated successful litigation against Mr. Schmidt in 36th JDC, where she recovered $4,102.29.  Story also sued the LALB in 19th JDC; however, because she waited longer than 30 days to seek administrative review, her lawsuit was dismissed.  Nevertheless, the Louisiana Office of Risk Management (ORM) instructed the LALB to cover all of Ms. Story's court costs (she filed both lawsuits pro se), and the ORM even sent Ms. Story an email of apology for LALB attorney's "unpleasant phone call" with Ms. Story.

 

 

 

 

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Shackelford, Barry - Alabama (& Manheim Auctions)    

 

Mr. Shackelford conducted auctions in Louisiana for Manheim Auctions without a Louisiana auction license.  Shackelford requested Executive Session when his reinstated license was considered by the LALB on May 20, 2013.  Manheim Auctions agreed to a stipulation agreement with the LALB on September 10, 2013 regarding utilizing Ms. Shackleford without him obtaining an auction license. 

 

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Steinkamp, Tessa  

 

See New Orleans Auction Gallery, NOAG, above.  Steinkamp is Chairman of the LALB.

 

In November of 2016, Steinkamp is also accused of falsely representing her residency by claiming to live with her mother in order to qualify to serve on the LALB from Public Service District # 1. 

 

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Vidos, Jean   

 

See New Orleans Auction Gallery, NOAG, above.  Vidos is pre-bankruptcy owner of NOAG and, as such, was Steinkamp's supervisor.

 

 

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White, Kathleen "Sue"       

 

Repeated discussions during mid-to-late 2011 of Ms. White's alleged failure to pay Calcasieu Parish sales taxes and failure to accept (or respond) to LALB Certified Mailings (Subpoenas).  Board Members Sims and Bordelon state Ms. White is "just laughing at us;" however, upon subsequent sales tax issues regarding Marvin Henderson, presented by LAPA Vice President Robert Burns, the LALB suddenly lost all interest in any pursuit whatsoever of Ms. White.

 

 

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Wilson Auctioneers - Arkansas

(Also includes Tommy Ray Assister, Texas; Joe Wilson, Arkansas; and Marvin Henderson, Louisiana).

 

Complaint entails a botched RV auction conducted on November 18, 2011.    If true, the allegations constitute shill bidding.  Link provided to public comments on shill bidding made by Marvin Henderson.

 

 

 

 

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Wilson, Joe - Arkansas

(Also includes Tommy Ray Assister, Texas; Wilson Auctioneers, Arkansas; and Marvin Henderson, Louisiana).

 

Complaint entails a botched RV auction conducted on November 18, 2011.    If true, the allegations constitute shill bidding.  Link provided to public comments on shill bidding made by Marvin Henderson.

 

 

 


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