DarksydePhil / TheyCallMeDSP / Phil Burnell - General Discussion

[ReentryPhantom]

I'd laugh if Phil is going to try and sue BoA over this.

 

[KafkaesqueSnuffleupagus]

I'd laugh if Phil is going to try and sue BoA over this.

Again worth repeating here. I’d be more worried about BoA taking LEGAL action towards the nosy people accessing his bank accounts. It’s more about if Phil pisses and moans enough and has been a customer long enough that the Bank decides to PROSECUTE People. Phil doesn’t really have an option to sue.

edit: Just wanna be on the record. I think Bank of America is going to laugh their asses of at him and nothing will happen. Which is going to trigger Pigsler.

 

[Serf 'n' TERF]

Again worth repeating here. I’d be more worried about BoA taking LEGAL action towards the nosy people accessing his bank accounts. It’s more about if Phil pisses and moans enough and has been a customer long enough that the Bank decides to PROSECUTE People. Phil doesn’t really have an option to sue.

It's been said time and time again that BoA will do jack-shit because they're a trash bank. Ultimately, yes Phil's account was compromised, but nothing was taken, the only fraud that has been committed was done-so to gain access and nothing more. You're extremely if you think BoA is going to waste their time, money and resources chasing after some throw-away account on a backwater forum when no actual damage was even done.

Phil has every right to report this to BoA, but realistically all they will do is offer to cancel and replace his cards and suggest that he changes his passwords and sets up 2FA.

 

[Draventren]

I have a hard time believing he was ever bullied as a kid since he regularly bullies his own viewers. He has no tact or patience when answering simple questions, trolling or otherwise, from his paypigs.
>Hi Phil, [insert question about budgeting or investments]
>ITS NONE OF YOUR FUCKING BUSINESS, GET THE FUCK OUT OF HERE! DON'T BE A FUCKING IDIOT!

From my experience, you wind up with generally two kinds of people if they get bullied a lot: The sort who will go out into the world after high school, and want to bully others (these guys have a bad habit of becoming cops in my experience) and those who move past highschool.

I fully buy Phil was bullied and I fully buy that he would turn around and bully other people immediately after he got any sort of leg up on them. Doesn't justify it, just wouldn't shock me, especially considering how little control he seems to have over himself and his life, at least in his own mind.

The time where he had to put shit into investments was way before the Sweaty Boi .jpeg saga. Early on Phil made insane amounts of fuck you money and his income became slashed during the Youtube Adpocalypse for the first time. The second time was when the denthead deleted all his videos rather than privating them, resulting in him completely destroying his position in the Youtube algorithm. Rather than investing that early fuck you money he instead used it to buy dumb gamer statues, gamer paintings, gamer knickknacks, a BMW, extended staycations, mobile games, fast food, gin, a move to an overpriced middle unit khando on the other side of the country and other absolutely retarded shit. If he had enough sense really early on in his career and invested it, as a result he could've spent 5k on pictures of sweaty boiz every month today and that wouldn't even put a dent in his finances. His investments would quite literally just spawn free money into his account every month.

I'm honestly glad I was still in high school and uni when I found out about absolute tards like Phil, Wings, Spoony and other people who made fuck you money back in the late '00s but have completely fallen from grace since. It taught me that even when I'm making good money now that I should invest it into something and not let it go to waste by spending it all on dumb shit. You never know what'll happen in even a few years, you could completely lose your livelihood and then what? You're fucked unless you have a Plan B. Fuck I wish I knew which comedian had a bit where the premise of the bit was that his character was a complete failure so he was hired as a motivational speaker at schools telling people what not to do with their lives by just doing the opposite of what he did. People like Wings, Spoony and Phil are living, breathing real life examples of that character.

C'mon, he was just a kid back then. What 28 year old is thinking about the future, supporting themselves and their loved ones, or even thinking about the things they want to do with their life and figuring out how to accomplish it responsibly and effectively?

Most of them? No...no that doesn't sound right.

 

[Zappin’ And Spazzin’]

Again worth repeating here. I’d be more worried about BoA taking LEGAL action towards the nosy people accessing his bank accounts. It’s more about if Phil pisses and moans enough and has been a customer long enough that the Bank decides to PROSECUTE People. Phil doesn’t really have an option to sue.

edit: Just wanna be on the record. I think Bank of America is going to laugh their asses of at him and nothing will happen. Which is going to trigger Pigsler.

Well, that and taking the troll to court would be directly admitting that the leak was true and the trolls were right, and Phil would probably kill himself before admitting the trolls were right about something.
He's better off just ignoring it and hoping things go back to normal soon.

 

[Kosher Dill]

I think it's when you have your payment details saved and give permission to the company to automatically debit you however often.

I think it might be anything where the payment details are saved - we see a lot of preauthorized charges on his account that aren't subscriptions. Like, you know, WWE Champions.

 

[Coke Zero]

This is where people who got too curious for their own good and decided to call his bank and pretend to be Phil and use his banking information to access his debits and credits should be worrying. It’s 100% actionable. He may not sue but he can certainly contact the police and begin an cyber crimes investigation. That’s 100% worth the time and money to the state. Specifically if multiple people did it and didn’t do things to CYA.

I’ve seen prosecutors get hard ons for lesser crimes.

Edit; There’s no slippery slope here. Phil didn’t give anyone authorization to comb over his financials like he did during his bankruptcy. Sure the bankruptcy made some of that stuff public information but it doesn’t give you the right to pretend to be Phil and pry around his personal bank accounts. I seem to recall some reporter wanting to do this with Donald Trump. The difference is that they ASKED the courts for access and the courts denied them. They didn’t just outright go and access them.

Everyday thousands of debit/credit cards are stolen and used illegally. I doubt anyone has the resources to really put much effort into someone's bank transactions being read out loud on the internet.

I had my credit card number stolen by a waiter/restaurant worker before and even though the bank knew when/where my card was attempted to be used by the theif, they couldn't really do anything besides block the charges and turn off my card. The police couldn't even do anything about it. I doubt anyone will do much more than that for phil. This kind of thing is happening thousands of times per day. Phil's case isn't that special and he didn't even lose any money.

 

[Serf 'n' TERF]

I think it might be anything where the payment details are saved - we see a lot of preauthorized charges on his account that aren't subscriptions. Like, you know, WWE Champions.

I wouldn't say that pre-auth vs non pre-auth is an important thing to make note of in the archives. I guess the only thing is that Phil could claim that the non pre-auth charges weren't him and was a pesky Farter. I don't think it's easy to dispute pre-auth charges if you are going to argue fraud.

 

[NotValKilmer]

Everyday thousands of debit/credit cards are stolen and used illegally. I doubt anyone has the resources to really put much effort into someone's bank transactions being read out loud on the internet.

I had my credit card number stolen by a waiter/restaurant worker before and even though the bank knew when/where my card was attempted to be used by the theif, they couldn't really do anything besides block the charges and turn off my card. The police couldn't even do anything about it. I doubt anyone will do much more than that for phil. This kind of thing is happening thousands of times per day. Phil's case isn't that special and he didn't even lose any money.

This. Especially in these times where fraud has ramped up because of COVID and stimulus boosts to unemployment benefits and the like. Powerleveling here but I myself had my SSN compromised and someone used it to file for unemployment this year. My employer let me know, I was told to file a police report and guess what they told me there? Since covid they get almost a dozen reports a day, just in my town! Ain't nobody doing shit for Phil. His best bet is switching banks and freezing his credit reports.

Edit: Phil will be told exactly what I was: file a police report that will be put away with thousands of others, file an identity fraud watch with the IRS, freeze all credit lines, and be diligent. He may be offered extra security options for his bank account along with an apology. Other than that nothing is going to happen. If he wants to pursue some legal battle against internet hax0rz then more power to him, but as things stand right now with our system that will be pushed back years, because he isn't getting moved up the front of any lines.

 

[BallBuster]

That is correct, he doesn't actually have to stream playing the game for it to count as a business expense.

This isn’t entirely true. A business expense represents a cost that somehow impacts your business in a meaningful way or can yield a return. IE: Taking a potential client out for lunch or dinner.

spending damn near $100,000 on a game that has to date returned $0 to him in addition to him denying he is playing the game on stream (and therefore rendering him a liar and/or playing it personally outside of the bubble of his business) gives these charges 0 credit to his business.

He could argue it further if he wanted but he would either end up purging himself to where he is admitting to embezzling from his own company. While at the same time admitting to tax fraud and bankruptcy fraud.

So from a legal standpoint, he could go after Boof but it would literally ruin him in the process. He’d be cutting off his nose to spite his dumb face.

All he can do is deflect and deny like he always does. It’s his only defense which has worked just fine for him.

EDIT: Furthermore, what kind of legal obligation would his bankruptcy lawyer be under if he knowingly knew about 10s of thousands of dollars in “business expenses” that couldn’t really be explained. Obviously phil lied about them but is the lawyer responsible for not doing his due diligence?

 

[Kosher Dill]

I wouldn't say that pre-auth vs non pre-auth is an important thing to make note of in the archives.

I think the main interest is knowing which charges were in-person (or at least manually entered) and which weren't. Usually it's pretty obvious, but during the lockdown you saw some preauthorized charges from places like Total Wine and Fred Meyer.

 

[SaidNoOneEver]

I would guess its the other way around, if the IRS comes looking at your shit, its gonna be up to YOU to prove/justify everything. He only got away with it because no one could be bothered to really look very deep into what he's doing. They just saw video game player is paying for video games. If anyone actually ever gains interest in his tax situation for whatever reason, he will be fucked.

Where can I find the IRS rules on video game professionals regarding which games they're allowed to play and when?

I'd laugh if Phil is going to try and sue BoA over this.

That's his best move honestly.

 

[actually]

EDIT: Furthermore, what kind of legal obligation would his bankruptcy lawyer be under if he knowingly knew about 10s of thousands of dollars in “business expenses” that couldn’t really be explained. Obviously phil lied about them but is the lawyer responsible for not doing his due diligence?

That'd be a hard sell. Lawyers have to do due diligence so they can catch obvious stuff, and they certainly can't help commit a crime, but clients lie to their lawyers all the time. That just hurts the client when their lawyer is caught with their pants down in court b/c they couldn't prepare for something.

 

[BallBuster]

That'd be a hard sell. Lawyers have to do due diligence so they can catch obvious stuff, and they certainly can't help commit a crime, but clients lie to their lawyers all the time. That just hurts the client when their lawyer is caught with their pants down in court b/c they couldn't prepare for something.

I agree but at the end of the day based on everything we know, the lawyer didn’t do his due diligence. That’s my point. He unknowingly helped Phil commit fraud. It’s all moot honestly because we all know nothing will come of it. Just something I was thinking about.

 

[SaidNoOneEver]

Racheal Ray has a cooking show. If she practiced cooking a meal at home that was going to be showcased on the next day's show the ingredients are a business expense. Even if she and her husband ate it afterwards and something happened that prevented the next day's show from ever happening. Still a business expense. "I cook on TV for a living." "I play video games on Youtube for a living."

It's a grey area and the $$$ numbers would have to be astronomically high for the gov't to bother pursuing it and/or setting a new precedent that'll have unpredictable consequences for thousands of people.

 

[Sup3r]

Where can I find the IRS rules on video game professionals regarding which games they're allowed to play and when?

The general idea is that you can only claim an amount of something relative to how much it is used for the business. For example if you use 20% for the business, you get to claim 20%. In the case of champions he, if anyone in power gave a fuck, he wouldn't be able to claim anything. He has never used it for his business and his denial of its' existence would only be used against him. However if in theory he played a mobile game only on stream then all microtransactions could be claimed.

Remember that onion boy got caught trying to evade his taxes by claiming too much of his assets as business expenses.

 

[SaidNoOneEver]

Remember that onion boy got caught trying to evade his taxes by claiming too much of his assets as business expenses.

Was he charged for the crime of evading his taxes or was he just made to pay them once the "mistake" was discovered? At most he'll be made to pay taxes on the microtransactions he 'inadvertently' wrote off as business expenses.

 

[Sup3r]

Was he charged for the crime of evading his taxes or was he just made to pay them once the "mistake" was discovered? At most he'll be made to pay taxes on the microtransactions he 'inadvertently' wrote off as business expenses.

Wrong choice of phrase but my point remains the same. He still tried to claim too much and got caught out

While it would be the likely out he would just have to pay them plus a fine for hiding it, that would depend on whether he could convince the IRS that it was an honest mistake. If this leak ever goes to court (as unlikely as it is), the information would come out.

Edit: I mean that the deliberate attempts to deny that he plays the game. That would hurt his chance at leniency with the IRS should they look closely at him.

 

[Broomer]

Edit: what's with him always having behind the scenes tips now? Is he trying to avoid bringing those up in the hopes he can milk his other whales first?

Late, but...my take on it is that it's he keeps in his back pocket for slow streams to go for:
"Wow, look, I got 25, now it's only 10 for the gunner glasses, we're getting ever closer to a hat guys, not to mention the ultimate reward; I'll put on a vest - all this achievable only through tips, sound good?"

 

[Hrothgar]

I would guess its the other way around, if the IRS comes looking at your shit, its gonna be up to YOU to prove/justify everything. He only got away with it because no one could be bothered to really look very deep into what he's doing. They just saw video game player is paying for video games. If anyone actually ever gains interest in his tax situation for whatever reason, he will be fucked.

This is absolutely how it works. I have a relative who is a business owner, and he was audited. He ended up owing seven figures because of expenses he couldn't document/justify properly. If the IRS comes knocking, you're presumed guilty and it's on you to show otherwise.

Edit: If I remember correctly, he tried the whole explaining some personal use shit as an investment for a future business. They basically laughed at him.