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  • Report: #462743

Complaint Review: Andrew Barnett - Diversified Health & Fitness

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  • Submitted: Thu, June 18, 2009
  • Updated: Mon, June 29, 2009

  • Reported By:Phoenix Arizona
Andrew Barnett - Diversified Health & Fitness
1850 SE 17th St. Ft. Lauderdale, Florida U.S.A.

Andrew Barnett - Diversified Health & Fitness - SCAMERS SCAMERS & LIARS - FRAUD - JERKS Ft. Lauderdale Florida

*UPDATE Employee: Diversified and one of its executives, Mr. Barnett, have been targeted in a scheme created by Scott Thomas Smith and Neysa Lissette Smith of Tampa, Fl

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Andrew Barnett contacted me about purchasing my small chain of fitness centers here in AZ. I was ready for a change so I agreed and we wrote up the contract. The deal was written so that they pay me 1/2 upfront and 1/2 in 90 days. The 90 days came and went and they still have not paid. Barnett came up with some phrase in the contract which wasn't true but used that as an excuse not to pay.

I can't afford to hire an attorney in FL so it looks like I'm stuck. He was so nice when talking to me in the beginning, but as soon as the deal was done he turned into a A-HOLE.

If I had it to over again there is NO WAY I would do business with these JERKS. I noticed that I'm not the only one that had this happen.

RUN from these lying, cheating, sons-of-bit****. There is a place in HELL for people like you Barnett!

Stephanie
Phoenix, Arizona
U.S.A.

This report was posted on Ripoff Report on 06/18/2009 05:09 PM and is a permanent record located here: http://www.ripoffreport.com/r/Andrew-Barnett-Diversified-Health-Fitness/Ft-Lauderdale-Florida-33316/Andrew-Barnett-Diversified-Health-Fitness-SCAMERS-SCAMERS-LIARS-FRAUD-JERKS-Ft-462743. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 1Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE Employee

Diversified and one of its executives, Mr. Barnett, have been targeted in a scheme created by Scott Thomas Smith and Neysa Lissette Smith of Tampa, Fl

AUTHOR: Dhf - (U.S.A.)

Diversified and one of its executives, Mr. Barnett, have been targeted in a scheme created by Scott Thomas Smith and Neysa Lissette Smith of Tampa, Florida for the sole purpose of extorting money from our company.

Investigators have traced the origins of the scheme to Scott Smith who creates false information and posts lies about our firm. Phony names, phony information and phony allegations are posted to discredit the company, and then demands for payment are made with threats of the continued addition of more lies about the company.

Scott Thomas Smith has recently been held liable in Kansas for stealing over $900,000 from the estate of a deceased man. Although authorities have been contacted and a police report has been filed under case number 09-71232, postings on Ripoff Report cannot be removed as a general policy of the Ripoff Report web site.

It is easy to see the same writing style of each posting. It is also a fact that Diversified has never made an acquisition in Phoenix, Arizona and have never done business with a Stephanie P.

We hope that you understand that Diversified and its employees are victims of a fraud, a scammer, and a thief. This being said, Scott Smith, if you are reading this, please contact us and will gladly give you your franchises back in exchange for the money we paid you.

Below you will find excerpts from a lawsuit and judgment entered against Scott Thomas Smith establishing his pattern of fraudulent activity.

If you or anyone you know has fallen prey to the Smiths, we suggest you contact the authorities immediately.

Case No. 99-23015-7C-JTF


Defendants

Scott Thomas Smith

Neysa Lissette Smith

On May 06, 2004, the following order was entered:

Order Approving Settlement and Entering judgment in Favor of Plaintiff by the United States Bankruptcy Court for the District of Kansas, filed herein on May

06, 2004, wherein:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Settlement Agreement is approved and that the parties shall be bound by its terms.
It is further ORDERED that Plaintiff shall have a non-dischargeable judgment against Defendants in the amount of $657,623.07, which judgment may not be discharged in any future bankruptcy proceedings.
Counts:

9. At the time defendants filed the Chapter 13 proceedings and as of November 29, 1999, the total indebtedness due plaintiff was $947,705.46, which indebtedness continues to accrue interest at the rate of $519.33 per day until paid in full and arises from Scott Smith's fraudulent actions.

11. Scott Smith represented himself to be an experienced investment advisor.

12. In his capacity as investment advisor Scott Smith directed the Plaintiff to entrust to him in excess of $500,000.00.

13. In his capacity as investment advisor Scott Smith represented that the Plaintiff would realize returns of 35% on his investments.

14. In his capacity as investment advisor Scott Smith represented himself to be an agent for Substantive International and other entities, all of which are or were engaged in off-shore investments.

15. Scott Smith engaged in transactions in the Plaintiff's name and directed the Plaintiff and his investments at a time when the Plaintiff was ill, dying and highly susceptible to Scott Smith's fraudulent representations.

16. Scott Smith at all times was aware and knew of the Plaintiffs physical and mental condition.

17. Scott Smith was a fiduciary and therefore owed a fiduciary duty to the Plaintiff for the monies entrusted to him for investment. Scott Smith knowingly, fraudulently and without Russell Quist's knowledge or consent or plaintiff's knowledge or consent transferred the Plaintiff 's funds to accounts for his own use and benefit.

19. Scott Smith knowingly, fraudulently and without the Plaintiff's knowledge or consent or plaintiff's knowledge or consent diverted the Plaintiff 's funds to companies, entities or investments which were under Scott Smith's control or in which Scott Smith had an interest.

21. Defendant Scott Smith knowingly, deliberately and intentionally diverted the Plaintiff's funds into companies, trusts or other entities for his and/or their own use and benefit.

22. Scott Smith's willful actions caused injury to plaintiff in that the Plaintiff's funds were lost and became unavailable to the Plaintiff and his heirs.
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