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Story of 250 GT Cabriolet s/n 0799

Discussion in 'Vintage (thru 365 GTC4)' started by SonomaRik, May 2, 2008.

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  1. SonomaRik

    SonomaRik F1 Veteran
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    Thanks, I understand and moving fwd.

    NNO:

    Other than the original posting in the start of the thread, I have had no further communication.
     
  2. BigTex

    BigTex Seven Time F1 World Champ
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    As Napolis points out, the ownership and the car have not moved, since it appeared and was judged at the Cavallino event.

    There is no "update" unless you want to count the trip downtown upon seizure.
    Odd really, he couldn't have had a lawyer involved post a Bond if some sort and keep the car at home.

    Maybe lock one of those Monitoring Bracelets like LiLo has, around the steering column or something....:D :D
     
  3. Napolis

    Napolis Three Time F1 World Champ
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    Is there any credible evidence anywhere that what the add that both FLM and Cavallino ran clearly stated, that this was a "Stolen" car and that there was a current active "Interpol" investigation of this car when the add was run or was this add and the running of it, simply a reckless disregard for the truth?
     
  4. Jeff Kennedy

    Jeff Kennedy F1 Rookie
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    So, at what point is a publisher required to do a legal fact checking of an advertisers assertion? Both publications reached out to an internationally recognized expert and got a confirmation of "smoke". Is the publisher expected to seek a confirmation of fire, must it be a legal opinion? If a legal opinion from whom - an attorney, a state athority a federal authority, Interpol?

    Back when, the FTC started asking about advertisement claims but they went after the advertiser but not the publication.

    If direct collusion (agreement to a a monetary payment of a percentage of a settlement) is found out between the advertiser and the publisher then that "could" change the ground rules.

    Jeff
     
  5. dantealdente

    dantealdente Karting

    Nov 7, 2009
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    my question is; would this "expert" be qualified to render an opinion on the minutiae of swiss ownership structures re:inside/outside ownership partnerships. you might be interested in reading a scm legal files article that includes a tutorial on defamation law written by a lawyer from the legal dept of the new york times.

    http://www.sportscarmarket.com/columns/legal-files/2409--stolen-ferrari-saga-heads-for-court

    i hope for all concerned there was no collusion as you describe it. i'm no expert but that would put their actions into the realm of criminality as far as i can see.
     
  6. SonomaRik

    SonomaRik F1 Veteran
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    One can be surprised in court, but I see no viable defense in either being unintentional or intentional to publish the 'ad': My lasting question to the pubs, is WHY.

    I as you hope no collusion.

    The status quo after all is said and done will never be the same.

    Turn the page.
     
  7. Napolis

    Napolis Three Time F1 World Champ
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    The add was quite clear.

    It stated the car was "Stolen" and actively being persued by "Interpol"

    Barney had very publicly displayed the car,listed it's chassis number and himself as the owner for many years before the add was published by Cavallino and FML.

    In the case of Cavallino Barnes had put this exact car on it's Lawn before the add was run.

    Do you find it credible that Barnes and Gerald didn't know who owned this car and needed to allow an add to run to enable someone to determine who owned this exact car?

    One click of the chassis number, which was mentioned in the add would have brought you directely to Barney. An add was necessary to find the car and Barney?

    In light of the above do you think the add was a serious attempt to determine who owned this car something that was very widely known already?



    JM's testimony is interesting regarding the credentials of the consulted expert in that it unequivocally alleges that Barnes was aware that this expert was a "plagiarist" before he consulted him on this matter. IMO that is a very serious charge and I haven't seen any testimony refuting that charge. Any part of this I have wrong? Anyone?
     
  8. Napolis

    Napolis Three Time F1 World Champ
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    #758 Napolis, Jun 10, 2011
    Last edited: Jun 10, 2011
    Here is the testimony I referred to by JM.
    I have redacted the name of the Expert but this is on the record testimony.





    "I know of events that

    3 where he (The Expert) plagiarized with Mr. Barnes and there was

    4 going to be a huge lawsuit, and Barnes went

    5 absolutely ballistic at (The Expert). "

    I don't know whether or not this is true but I know JM and have the utmost regard for his ethics and trustworthiness.

    This is what trials are for. To determine the facts and the credibility of the witness and I for one will tell the truth the whole truth and nothing but the truth and I also believe JM will as well.
     
  9. Jeff Kennedy

    Jeff Kennedy F1 Rookie
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    Any updates? Has the trial date been set?

    Jeff
     
  10. Napolis

    Napolis Three Time F1 World Champ
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    So far as I know moving along and moving towards trail.
     
  11. Jeff Kennedy

    Jeff Kennedy F1 Rookie
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    Still no date set? Sounds like lots of billable hours must be getting racked up on all sides.

    Jeff
     
  12. Napolis

    Napolis Three Time F1 World Champ
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    It does...
     
  13. pjbf

    pjbf Karting

    Jul 13, 2011
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    it is true that when there is smoke "usually there was a fire" and after all this time i have to say that we all should be some how carefull with what we publish in forums or other internet means when it´s concerning someone else credibility, unless we are 100% sure from what we are talking about!!! From this thread i learned that, no magazine can EVER compete with online publications (and these are publications) so the repurcussion of our words can reachout to millions!!! so let´s take an example, if you are stating an error or a lie, or a not truth situation(no matter what) and i have readed a LOT here, we should be aware that error can became a kind of a truth, so many times is quoted, as the better of my knowlgement there were many and i mean many mistakes quoted here as "the truth" i can speak for myself!!! Ferrari chat is a very helpfull tool for many things considering these cars but, on the other hand can be be very damaging so this is such a small world after internet!!! i guess that there was 1.0000 more readers of this thread, than the magazines that "uncarefully" published such an add, without confirming the veracity of facts!!And when it comes down to facts, i think there was a story yes, but maybe a complete diferent one, that i saw here, did anybody thought for a moment that this could be a scam based on a history with litle evidence and completly distorting the facts, that happened back in those days, so it look´s like a James Bond movie!!! Now imagine for a second that you own one of these cars, that were quoted here, and everything that was written here, is just wrong from page 1!!What can you do, is like a snowball, and than you have a "public judjement of the history, that´s also just make it even worst!!There were names , places, "facts" stated here that are not at all the truth.
    So as i was saying if you own of these cars, you are in trouble!!You are loosing money big time!!!For what??? Nobody really knows, so if it was you or, one of the great story teller´s that wrote in this thread for the last years, maybe he, or she, would think twice before publish such words on internet, i believe that the owner of the car #0799 is really hungry with all this, and maybe he will make some damage, but it was not him that made the firstblood. Imagine he is inocent from all this "Poirot Case"!!! I which all well and i am sorry for my bad english, but that is not my mother language...

    all the best...P.
     
  14. Texas Forever

    Texas Forever Four Time F1 World Champ
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    Can someone answer one question, please?

    Why hasn't the plaintiff gone after the person or persons who ran this ad?

    Dale
     
  15. Napolis

    Napolis Three Time F1 World Champ
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    I believe he has and will continue to.
     
  16. BigTex

    BigTex Seven Time F1 World Champ
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    Maybe they are not answering the phone??/ :D :D

    Cavallino and Ferrari market letter answer the phone and have addresses in this country.
    You make the short easy shots first, in some cases...
     
  17. Napolis

    Napolis Three Time F1 World Champ
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    I am glad to have played a small part in what will be announced soon...
     
  18. ggjjr

    ggjjr Formula Junior

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    Soon, as in this weekend?
     
  19. Napolis

    Napolis Three Time F1 World Champ
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    We shall see...

    :)
     
  20. Napolis

    Napolis Three Time F1 World Champ
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    The terms of the settlement are confidential.
     
  21. Jeff Kennedy

    Jeff Kennedy F1 Rookie
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    Do both publications continue without changes of ownership?

    Jeff
     
  22. 3500 GT

    3500 GT Formula 3

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    #772 3500 GT, Jan 18, 2012
    Last edited: Jan 18, 2012
    I'm sorry if this has been discussed in a prior post but,........


    I have some personal history with a smililar situation. What Cavalino/publisher should have REQUIRED was a copy of a police report/Interpool stolen vehicle report before publishing the ad. Did they?

    I have been in the same situation as the publisher of Cavalino with Hemmings Motor News. Hemmings requires a true copy of the "stolen vehicle report" from the police department, before they will publish a "stolen vehicle" ad, which Hemmings will run gratis for their subscribers. The police report must have material information included as; make, model, VIN, location, oweners name, adderess, police dept contact info, police incident number, officer number, etc, etc, etc.

    It's good enough for the legal dept. at Hemmings Motor News, and apparently has worked well for many, many years.

    Did Cavalino or FML do this?

    Just my .02 Lira.

    ~Ciao and best.
     
  23. Napolis

    Napolis Three Time F1 World Champ
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    Barney has dismissed his lawsuit.

    All Parties deny any wrong doing.

    The terms of the settlement are confidential and of course aren't known by me.
     
  24. Napolis

    Napolis Three Time F1 World Champ
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    IMO good .02 Lira

    Best
     
  25. WilyB

    WilyB Formula 3
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    He gets a discount on his next ad in the papers? :)
     

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