# Nimt



## lovin it (Nov 21, 2012)

Sean, it sure would be great if you would come back onto this forum.


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## MacDaddy55 (Aug 19, 2008)

*Long Live NIMT*

Hey Lovin It, where in Minnesota are you. Both out kids went to school in Minn/St.Paul and our son lives/works in Rosedale near St. Fair Park. Love going to the Train Museum sponsored Show in May I believe and going to the Jackson St. terminal for the Roundhouse tour..what a great place to watch and talk trains!! Thanks!


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## Big Ed (Jun 16, 2009)

lovin it said:


> Sean, it sure would be great if you would come back onto this forum.


I think the wolves ate him. :dunno:


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## gunrunnerjohn (Nov 10, 2010)

He's still maintaining his web page, but apparently steering clear of this forum.


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## sstlaure (Oct 12, 2010)

gunrunnerjohn said:


> He's still maintaining his web page, but apparently steering clear of this forum.


Based on a bunch of the posts I saw from various people - it seems he either took on too much work and didn't communicate well with those he was doing jobs for, or there are some other kinds of "issues" preventing him from making things right with those people.

Pure conjecture on my part, but his absense on here seems to speak volumes....IMO :smilie_daumenneg:

It's too bad, because it seemed he did really good work, just the "business" side of things wasn't to the same level of quality as the actual completed work.


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## wingnut163 (Jan 3, 2013)

i wish he would come back too.

then i might be able to get my four (4) engines back.

skip


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## sstlaure (Oct 12, 2010)

wingnut163 said:


> i wish he would come back too.
> 
> then i might be able to get my four (4) engines back.
> 
> skip


What is the retail value of the 4 engines? You could possibly have a criminal case.

If they are yours and you've paid for them and he won't return them - that's theft.


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## CTValleyRR (Jul 26, 2014)

sstlaure said:


> What is the retail value of the 4 engines? You could possibly have a criminal case.
> 
> If they are yours and you've paid for them and he won't return them - that's theft.


While I don't disagree, that's probably not the best way to approach the problem, much less get him to come back to the forum. Based on what I've read, it doesn't sound like he's deliberately stealing anything, just in over his head and perhaps too embarrassed to admit it.


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## gunrunnerjohn (Nov 10, 2010)

CTValleyRR said:


> Based on what I've read, it doesn't sound like he's deliberately stealing anything, just in over his head and perhaps too embarrassed to admit it.


That may indeed be the case, but after a year or more, there's no excuse for no communication. There comes a time when action is clearly called for, I think that time is probably past already. I'm embarrassed when I take a couple of months for a repair or upgrade, years are simply not acceptable.


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## CTValleyRR (Jul 26, 2014)

No argument. I'm not making excuses for the guy. He has been on the site more recently than a year ago.

I agree, though, having someone else's locos for that long is unacceptable. Rather than an accusation of theft, a suit in Small Claims Court would probably get his attention and break something loose.


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## gunrunnerjohn (Nov 10, 2010)

He hasn't been signed on here since June 1, 2014, so that's a pretty long time. Also, the years I refer to are how long some folks have been waiting for their property to be returned.


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## sstlaure (Oct 12, 2010)

What I've seen on here is that plenty of people have given Sean ample opportunity to either:

1) Finish the work he started OR 
2) Return these customers their OWN equipment (not his to keep indefinitely) AND
3) Refund the money paid.

To my understanding - regarding the people on here that have had poor experiences, Sean hasn't done any of those (3) things.

If it were my business, and I fell behind, I would return the person's equipment at my OWN expense.

To not clear the air or make this right after literally YEARS would push me to go the criminal route if the value exceeded.

_State of Idaho Criminal Code:
TITLE 18 
CRIMES AND PUNISHMENTS
CHAPTER 24 
THEFT

18-2403. Theft. (1) A person steals property and commits theft when, with intent to deprive another of property or to appropriate the same to himself or to a third person, *he wrongfully *takes, obtains or *withholds such property from an owner thereof.*(2) *Theft includes a wrongful taking, obtaining or withholding of another's property,* with the intent prescribed in subsection (1) of this section, committed in any of the following ways:

(a) By deception obtains or exerts control over property of the owner;

(b) By conduct heretofore defined or known as larceny; common law larceny by trick; embezzlement; extortion; *obtaining property, money or labor under false pretenses*; or receiving stolen goods;

(c) By acquiring lost property. A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner; or a person commits theft of lost or mislaid property when he:

1. *Knows or learns the identity of the owner or knows, or is aware of, or learns of a reasonable method of identifying the owner*; and
2. *Fails to take reasonable measures to restore the property to the owner*; and
3. *Intends to deprive the owner permanently of the use or benefit of the property.*

(d) * By false promise*:

1. *A person obtains property by false promise when pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.*

2. *In any prosecution for theft based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed*. Such a finding may be based only upon evidence establishing that the facts and circumstances of the case are consistent with guilty intent or belief and inconsistent with innocent intent or belief, and excluding to a moral certainty every reasonable hypothesis except that of the defendant's intention or belief that the promise would not be performed;_

- Sean knows how to contact these people
- Sean has control of their property
- Sean seems to have no interest in completing the work despite agreeing and receiving payment to do so
- Sean has not returned their property nor made any attempt to do so.
- Sean continues to run his NIMT website supposedly performing the same kind of work 

http://www.northidahomodeltrains.com/Pages/default.aspx

Sounds like theft not only to me, but to the Idaho State criminal justice system as well.

If it were my equipment and me that had been wronged - I KNOW I would be taking whatever measures necessary to either get my equipment back and to make sure that similar things wouldn't happen to other people.

Right on his website he speaks of the power of "word of mouth".....

Of course I could be completely wrong in all of this as we've only heard the side of those supposedly wronged by NIMT (and I'll also say many other that had GOOD experiences as well.) 

Unfortunately his silence on the subject and total absence from this forum, while not proof of wrong-doing, certainly paints a picture of the situation in the absence of any other information. As quite a bit of business for him was generated from this forum, it's surprising that he wouldn't have rectified the situation long ago to avoid bad "word of mouth"


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## sstlaure (Oct 12, 2010)

Under Idaho law, a person commits theft when, with intent to deprive another person of property (or to wrongfully appropriate property), he or she wrongfully takes, obtains or *withholds that property from its owner*. (Idaho Code § 18-2403.) 

A theft offense in Idaho can include the following specific actions:

•using deception to exert control over another person’s property
•embezzling money
•using extortion to obtain another person’s property (including by instilling fear of physical injury or property damage, or by threat to otherwise injury or harm)
•receiving or retaining stolen property
•acquiring lost or mistakenly delivered property (and not taking appropriate action afterward)
•*obtaining property by fraud or misrepresentation*, and
•stealing labor or services.Classification and Punishment for Theft in IdahoIdaho has two major categories of theft: petit theft, which is a misdemeanor, and grand theft, which may be a misdemeanor or felony. Whether a theft constitutes petit theft or grand theft depends on the dollar value of the items taken -- and sometimes the type of property involved. 

Petit theft, which is commonly known as petty theft, applies to most thefts of property valued at $1,000 or less. Some notable exceptions include property like livestock, firearms, checks, and credit/debt cards. These items fall within the grand theft statute, a more serious criminal charge, even if valued at less than $1,000. (Idaho Code § 18-2407(2).) 

Petit theft, which is a misdemeanor in Idaho, is punishable by a fine of not more than $1,000, or by imprisonment in the county jail for not more than one year, or both.

Grand Theft Under Idaho Law. Grand theft includes any of the following kinds of offenses:

•theft of any property valued at more than $1,000
•theft of property valued at $1,000 or less as part of a "series of thefts", or
•theft of property valued at more than $50 during a series of three or more incidents of theft during a single "criminal episode." (Idaho Code § 18-2407(1).) 

For grand theft, which is a felony in Idaho, the punishment typically includes a fine of not more than $5,000, and/or confinement in state prison for not less than one year and not more than 14 years. (Idaho Code § 18-2408.)


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## sstlaure (Oct 12, 2010)

It's too bad things went this way - I had planned on sending a few of my engines to him for sound/DCC conversion......No way now......


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## CTValleyRR (Jul 26, 2014)

gunrunnerjohn said:


> He hasn't been signed on here since June 1, 2014, so that's a pretty long time. Also, the years I refer to are how long some folks have been waiting for their property to be returned.


It's a very long time. Too long. It's also less than a year. I don't dispute how long people have been waiting, though.


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## CTValleyRR (Jul 26, 2014)

sstlaure -- A masterly summation of the Idaho statutes... which a good lawyer would demolish in about 30 seconds. The burden of proof being on the state, they would have to prove fraud, misrepresentation, willful intent, etc., etc., which is notoriously hard to do. The case would ride on the prosecution proving, _beyond a reasonable doubt_, that the defendant (NIMT) never intended to perform the work advertised. Good luck with that. Furthermore, you've basically limited your outcomes to a conviction, which may make you feel better but it won't get anyone his stuff back, or an acquittal, in which case you may have had your shot due to the double jeopardy protection.

Go to small claims court, or file a civil action, and you can still compel the legal appearance, but you have a much wider range of options, including payment of losses and damages. Furthermore, while the accused in a criminal case is entitled to legal representation (if he wants it), a defendant in a civil action is more likely to represent himself, and more likely to seek an out of court settlement which both parties find acceptable. 

There's a huge gap between something meeting the statutory definition of a crime and a criminal conviction. If you really want to make something right, or as right as possible after years of wrong, a criminal charge is probably not your best option.

.... All of which doesn't really have much to do with trains.


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## sstlaure (Oct 12, 2010)

CTValleyRR said:


> sstlaure -- A masterly summation of the Idaho statutes... which a good lawyer would demolish in about 30 seconds. The burden of proof being on the state, they would have to prove fraud, misrepresentation, willful intent, etc., etc., which is notoriously hard to do. The case would ride on the prosecution proving, _beyond a reasonable doubt_, that the defendant (NIMT) never intended to perform the work advertised. Good luck with that. Furthermore, you've basically limited your outcomes to a conviction, which may make you feel better but it won't get anyone his stuff back, or an acquittal, in which case you may have had your shot due to the double jeopardy protection.
> 
> Go to small claims court, or file a civil action, and you can still compel the legal appearance, but you have a much wider range of options, including payment of losses and damages. Furthermore, while the accused in a criminal case is entitled to legal representation (if he wants it), a defendant in a civil action is more likely to represent himself, and more likely to seek an out of court settlement which both parties find acceptable.
> 
> ...


Certainly not saying it's the best option.....however it IS an option. Clearly I would try any other option available, however - it would appear based on the statements of some on here, that other options have been exhausted.

If I had already accepted the fact that I wasn't getting my money or equipment back - I would make it my personal business to make sure it didn't happen to anyone else regardless of the financial benefit to myself. I'm like that. I would be all over ANYPLACE he was doing business and making sure EVERYONE knew all the precise details of the failed transaction and failure to make things right.

I don't think the case would be that hard to prove at all.

Sean's "customers" certainly have a trail of emails/correspondence between themselves and Sean requesting the work, agreeing to the work, asking when it will be completed, then asking for a return of their equipment, etc. Proof of contact is NOT hard to come by....and if a business willfullly ignores their customer while withholding either the persons property or money, then it's on......

I've had to "extract" money from people before. It works.:sly:

Even if you can't get what you want through the courts - you can CERTAINLY make that person's life/livelihood very uncomfortable where they will think long/hard about just making things right to stop the pain. Court costs add up.

Right now there is no financial consequence for Sean to make things right (other than poor word of mouth advertising).....start compiling court costs, etc. and it's a different story.

Even if it cost me MORE money than the stuff was originally worth - I'd do it out of principle.


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## Featherbedder (Jun 29, 2014)

I sent in a hearing aid for repair. After 6 months and several unanswered emails, I filed a case with the post office for mail fraud. It took a while to get results but I did get my hearing aid back. That may be an option for anyone if you sent your stuff by mail.


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## CTValleyRR (Jul 26, 2014)

SSTLaure -- funnily enough, I think the very actions and communications you cite as intent to defraud would show intent to conduct a legitimate transaction. I guess that's why lawyers get involved in these things.

And, if anyone doesn't think that big brother is indeed watching, all off the banner ads on this page are now advertising lawyers and legal services. Coincidence? I think not.


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## wingnut163 (Jan 3, 2013)

this was my way of trying to get my locos back.

Nimt June 11, 2014
P.O. Box 561
Sandpoint, ID. 83864

John Gallaher
163 Rock Cut Rd.
Walden, NY. 12586-2452

Sean;

I have stopped going on the form looking for a message from you.

If you have not started to work on my 4 locos, please pack them up and send them back to me. I will pay shipping.

If you have started. Please put the pieces in a baggie, pack them up and let me know how much I owe you for your work and shipping and I will pay you.

And thirdly if by any chance that you have finished them.
Please e-mail me at this addy:

[email protected] hvc.rr.com

and I will pay you for your work and shipping.

Thank you.



John Gallaher


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## Old_Hobo (Feb 20, 2014)

And how did that turn out.....?


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## gunrunnerjohn (Nov 10, 2010)

From the "was", I'm guessing he still doesn't have his stuff.


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## Gansett (Apr 8, 2011)

Several years ago a guy who did fantastic restorations of antique hand planes and who also had a great reputation suddenly disappeared from a forum.

Lots of bad stuff written about him and some pretty nasty comments about his business practices. When his wife got around to posting maybe a year or so later there were a lot of people embarrassed because of what they had said without knowing he had suddenly passed away. Unfortunately his little hobby was not the first priority of his spouse who was trying to hold things together for the family.

I have no idea of why Sean is no longer here, I do hope all is well with him. He treated me extremely fairly.


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## gunrunnerjohn (Nov 10, 2010)

Nice story Jack, but there's absolutely no evidence anything happened to Sean to prevent him from meeting his obligations. He has pulled several disappearing acts, and there was some posts by him a year or so ago that seemed to suggest he was upset people wanted their stuff after a year or so.

I'm sure he treated lots of folks "extremely fairly", but there's a bunch of folks that don't think absconding with their trains for a year or more is fair treatment. I'm sure you'd be singing a different tune if he had disappeared with a few hundred dollars of your stuff.


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## Gansett (Apr 8, 2011)

There's also ''absolutely no evidence'' that something didn't happen to him that is preventing him from meeting his obligations. BTW If you read you will see that I did say that I hope all is well with him.

You don't have a clue as to what is going on with him and neither do I. The difference is I'm not going to throw him under the bus based on nothing but speculation.

BTW, Have you ever wondered why a bunch of long time members left after you started waving your wand?


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## gunrunnerjohn (Nov 10, 2010)

Nope, just wondered why you hang on. 

I have one clue, that is a bunch of people are missing their stuff for a long time with no word. It's certainly nice that you can write it off, since you didn't lose anything, it's easy to be generous with other people's money. It's convenient to just say _wait forever_ when you have no skin in the game.

I would add that the domain was renewed in Oct 2014, so someone must have been alive to do that. 

Domain Name: NORTHIDAHOMODELTRAINS.COM
Registrar: GODADDY.COM, LLC
Sponsoring Registrar IANA ID: 146
Whois Server: whois.godaddy.com
Referral URL: http://registrar.godaddy.com
Name Server: NS1.BDM.MICROSOFTONLINE.COM
Name Server: NS2.BDM.MICROSOFTONLINE.COM
Status: clientDeleteProhibited http://www.icann.org/epp#clientDeleteProhibited
Status: clientRenewProhibited http://www.icann.org/epp#clientRenewProhibited
Status: clientTransferProhibited http://www.icann.org/epp#clientTransferProhibited
Status: clientUpdateProhibited http://www.icann.org/epp#clientUpdateProhibited
* Updated Date: 08-oct-2014*
Creation Date: 07-oct-2009
Expiration Date: 07-oct-2015


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## Old_Hobo (Feb 20, 2014)

He coulda passed on since October....that was 6 months ago.....just sayin'.....hwell:


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## gunrunnerjohn (Nov 10, 2010)

True, but folks have been looking for their stuff for well over a year with no responses.


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## wingnut163 (Jan 3, 2013)

gunrunnerjohn said:


> From the "was", I'm guessing he still doesn't have his stuff.



the Christmas before the letter (12/13) i sent a christmas card to him, and he sent me a PM on here that he was working on them.

all so a "thank you " for the card.

i waited till june of 14 and sent that letter.

i am still waiting.

skip


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## gunrunnerjohn (Nov 10, 2010)

So much for him passing, he's just not working on the stuff he's contracted for, and he's also not returning it.


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## Old_Hobo (Feb 20, 2014)

Mystery solved then.......


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## Southern (Nov 17, 2008)

JackC said:


> BTW, Have you ever wondered why a bunch of long time members left after you started waving your wand?


:appl:this forum is just not as fun as it once was


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## blackz28 (Jan 6, 2013)

I have to necropost so I can get closure on this , wingnut163 did you get your locos back ???


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## sjm9911 (Dec 20, 2012)

It was closed long ago, some things are better left unknown.......


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## Old_Hobo (Feb 20, 2014)

Sounds like a shyster to me.....no excuse for that.....


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## sjm9911 (Dec 20, 2012)

Time to close this , no need to keep it going. John?


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## gunrunnerjohn (Nov 10, 2010)

Yep, we're covering old ground here, this story is dead and buried.

*** Closed ***


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