Comments on: Nelson Brady (Halvarez) is a Jerk, Probably NOT a Criminal

By: Sam Silverman

Sam Silverman — Mon, 09 Nov 2009 03:26:23 +0000

Still something that I don’t feel has been addressed by most domaining blogs is this: Halvarez must have been working for the company. He has nothing to gain from upping the prices of the domains. It must have been an inside job.

By: Sam Silverman

Sam Silverman — Mon, 09 Nov 2009 02:21:31 +0000

@Snoopy – What crime has he broken by being a person and simply bidding on a lot of domain names? There is no federal law against bidding on a lot of domains or breaking company policy. So he can’t possibly be charged criminally (at least not until more details in this case come out).

By: Snoopy

Snoopy — Sun, 08 Nov 2009 22:12:18 +0000

Whether a crime has been committed isn’t simply about damges, otherwise you could try and break into someone’s house and get off with nothing if you didn’t actually steal anyting. Personally I think we will see criminal charges brought (and a civil claim). He did actually gain alot from it though (Brady) in term of the price he sold snapnames for and possibly any income/dividends he received from profits at that time, he wasn’t doing it for fun.

By: Ross

Ross — Sun, 08 Nov 2009 06:27:36 +0000

He caused some people not to get domain names because the price was too high. So for the domains he did win, the people who got outbidded suffered loss.

Also, he is a criminal because he committed a crime, (broke the law.) First off, he could have defrauded investors in the company. If they see more domains are being sold for higher prices, the investors are being lied to, and defrauded.

Most importantly, this is a crime. See this previous case: http://www.oag.state.ny.us/media_center/2009/july/july14b_09.html

The website posted fake reviews of their site, and got sued. “This company’s attempt to generate business by duping consumers was cynical, manipulative, and illegal,” said Attorney General Cuomo. “My office has and will continue to be on the forefront in protecting consumers against emerging fraud and deception, including ‘astroturfing,’ on the Internet.”

This may have been a civil case however. It is unclear. The fact of the matter is, it’s illegal.

Great post though!

By: Sam Silverman

Sam Silverman — Sun, 08 Nov 2009 05:40:48 +0000

@Acro – All the company has said is that they fired him for violating company policy and bidding on a lot of auctions. And if they’re seeking the money from the money he cost the company for his breaking company policy, they would file a civil lawsuit.

@Steve – You need to keep in mind that there has been nothing published yet showing that the domains he purchased weren’t actual investments that he later intended to profit off of? As I talked about, there are so many questions that have gone unanswered, we can’t just jump to the conclusion he defrauded anyone or that he will be criminally prosecuted.

@Losttheauction – Thanks for your comment! I definitely second that idea for an anonymous domainer hotline. I wouldn’t be surprised if one came about due to this situation.

By: losttheauction

losttheauction — Sun, 08 Nov 2009 03:12:32 +0000

What did Nelson Brady do with the domains he illegally won? Did he resell them and make a profit from them? What about the lost revenues from the domains that the honest bidder missed out on because the domain was illegally acquired? Major revenue, business potential lost because of an inside bidder stealing domains. On another note, what about all of the parking companies that are miscalculating traffic and paying little or no revenues for the traffic they do report? These smoke and mirror games being played in our industry need to be exposed. There should be a “Domainer Hotline Website” so employees can anonymously report this nonsense and upload supporting documentation. Just a thought.
Peace.

By: Steve

Steve — Sun, 08 Nov 2009 00:34:33 +0000

Let’s say I defraud you of a large sum of money. Later, I get caught and pay you back with interest. So I could say “what are the damages?”

Guess what? The State’s Attorney/DA/whoever it is in your state is going to prosecute me anyway and I could easily end up in prison.

By: Acro

Acro — Sat, 07 Nov 2009 23:53:43 +0000

How is he not a criminal if he engaged in criminal activity? The rebates that Oversee issues is a way to minimize the amount of potential lawsuits that would arise. Their first measure – to fire Nelson Brady – is an administrative one. It’s almost certain that they will be filing criminal charges against him, since he cost the company so much money. And remember, they have all the evidence needed.