Robby Pilkington / Tonkasaw / Robi Vio - Failed pro-wrestler, failing IBS anchor, toughest guy on the internet

[pwincess fwuffypants]

I sent him this:

The doctrine of promissory estoppel prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise.

A promise made without consideration is generally not enforceable. It is known as a bare or gratuitous promise. Thus, if a car salesman promises a potential buyer not to sell a certain car over the weekend, but does so, the promise cannot be enforced. But should the car salesman accept from the potential buyer even one penny in consideration for the promise, the promise will be enforceable in court by the potential buyer. Estoppel extends the court's purview even to cases where there is no consideration, though it is generally not a 'sword': not a basis on which to initiate a lawsuit.

Just go to law school already, Null.

 

[Buggins]

Oh, I forgot about mail fraud!

And that'd make it a federal offense...Donga, Donga, Donga, what are you getting yourself into?

Is a notary considered an officer of the court? That's a bit like police, courts take that shit seriously to protect their own

State officer, so yeah, they probably don't take kindly to that.

 

[instythot]

Just go to law school already, Null.

They don't resolve disputes with lawyers in the Ukraine

 

[waffle]

Yeah, if Donga doesn't get sued by at least the promoter it'll just be because they don't think he has any money. I suspect a conga line of small claims cases from Andy fans is forthcoming.

I don't practice in TN but from a quick perusal Tonka probably committed felony forgery, but it depends on some case law. I'm not sure if they measure the amount defrauded by Tonka's gain or by the promoter's loss.

That assumes that the rumor that he forged the seal is true.

-edited for shitty phone posting-

 

[instythot]

Yeah, if donga doesn't get sued by at least the promoter it'll just be because they don't think he has any money. I suspect a conga line of small claims cases from Andy fans is forthcoming.

I don't practice in TN but from a quick perusal Tonka probably committed felony forgery, but it depends on some case law. I'm not sure if they measure the amount defrauded by Tonkas gain or the promoters loss.

That assumes that the run it he forged the seal is true.

Here's a legal question: does the promoter need to file suit if it falls under felony? Can't they just complain to law enforcement at that point and let the wheels of justice do their slow crushing signature move?

 

[DarkSydeOfTheBoulder]

Haven't kept up with this thread today. Getting caught up now but listening to cog's stream and man is Failure not looking good... it's nice to see him actually questioned beyond "yay! Congrats on being your own man at the last possible second to save your ass, all is forgiven!!! Here have some superberries!" And "congrats on that 88 lbs you mention as much as donga says "miserable". He just said "I need betterhelp". Lol

Edit: I'll give him credit BTW (omg he just mentioned the weight loss again) for at least apologizing to the fans and trying to come clean, but it seems good natured people like Ralph went too easy on him before this interview today.

Side note: I REALLY appreciate the rule that the KiwiFarms streams have about super chats where they don't let each one interrupt the stream, it's annoying when it happens on Tevins stream (at least he will mute them or save them for a break if there's good content happening) but man...Cog's are 3x as loud as the mics, way too long, there seems to be no compression used to normalize everything etc. It's painful lol.

 

[DiceLord]

Haven't kept up with this thread today. Getting caught up now but listening to cog's stream and man is Failure not looking good... it's nice to see him actually questioned beyond "yay! Congrats on being your own man at the last possible second to save your ass, all is forgiven!!! Here have some superberries!" And "congrats on that 88 lbs you mention as much as donga says "miserable". He just said "I need betterhelp". Lol

It was hinted at in his disavow stream. He said how rough he is financially. I can't imagine money not being a factor in him walking away from The Kumite.

 

[instythot]

It was hinted at in his disavow stream. He said how rough he is financially. I can't imagine money not being a factor in him walking away from The Kumite.

The rumor is that Donga owes him upwards of five figures.

You know the saying: when you owe the bank ten thousand dollars, they own you. When you owe the bank a million dollars, you own them

The poor unconfrotational fat man probably let payment slide long enough to get in the situation where Donga could use the promise or withholding of payment as a cudgel

 

[DarkSydeOfTheBoulder]

It was hinted at in his disavow stream. He said how rough he is financially. I can't imagine money not being a factor in him walking away from The Kumite.

Oh, definitely. He's looking out for number 1 and that's that. I said it in Tonka'a apology stream yesterday and felt the same when I saw Failya's: who puts superchats on during a sincere apology and "coming clean" stream? I loved how Donga waited til the last 5 min or so to say "don't send superchats" too.

Quick aside: He just said basically the extent of Dongas training was "vamp held a bag and he punched it" LOL

 

[Particle Bored]

Did anyone ever post the recording that was made of Donga and Metokur's private convo that Ralph mentioned on the KS a few days ago?

 

[waffle]

Here's a legal question: does the promoter need to file suit if it falls under felony? Can't they just complain to law enforcement at that point and let the wheels of justice do their slow crushing signature move?

Only the prosecutor (or sometimes the cops for petty stuff) can file criminal charges generally in the US. The way that works is they call the cops/prosecutor's office and report why they're mad at Tonka and ask them to investigate it. The promoter/anyone else who feels aggrieved can't make the prosecutor press charges against him, but they can elect to sue him or not either way.

It' s generally also possible for somebody (most likely the promoter in this case) to ask for restitution through the criminal court if charges are filed. That's not generally an exclusive remedy either, so you could get a restitution order and a civil judgment. But the way that would work is: Lets say Tonka gets charged convicted and and gets probation (probably most likely outcome if he were to be charged, maybe with a bit of jail time depending on his criminal history) and also ordered to pay $5k in restitution and the promoter also sues him and gets a judgment for $15k (just numbers out of a hat), Tonka only owes $15k total. not $20k. So, if he pays the $5k restitution he gets credit for that on the civil judgment, so he'd only still owe $10k.

 

[DiceLord]

The rumor is that Donga owes him upwards of five figures.

You know the saying: when you owe the bank ten thousand dollars, they own you. When you owe the bank a million dollars, you own them

The poor unconfrotational fat man probably let payment slide long enough to get in the situation where Donga could use the promise or withholding of payment as a cudgel

And on top of that Andy is hanging his reneged payment over his head. Can't say I envy him.

 

[The biggest iron]

Did anyone ever post the recording that was made of Donga and Metokur's private convo that Ralph mentioned on the KS a few days ago?

It was going to be played last night on the killstream, but andy flew into the wrong city. The car stream was fun at least.

 

[Not Ok]

View attachment 642311

They look happy

 

[captkrisma]

You left out one other thing.

>potentially committed fraud by signing a fake name to a contract and potentially falsly notarized it.

Nothing is going to come from it.

Spoiler: Powerlevely

I've had several wrestling shows that had to be notarized for waivers/insurance reasons (typically fairgrounds or National Guard Armories) prior to us being admitted to the backstage area.

Lying on the form speaks worse for the notary public because it is their sole job to verify the identity of the person signing (typically through a driver's license). Them not verifying Dongas identity could cost them up to $1500 in fines and them losing their notary status. Basically, the notary has more to lose from this than Donga.

 

[verissimus]

...so according to failure on Cog's stream. Vamp got paid zero for producing on the Kumite.

Edit : add Tonka bitching about Andy not paying people, to the list of lies/projection.

 

[Spooky]

Nothing is going to come from it.

Spoiler: Powerlevely

I've had several wrestling shows that had to be notarized for waivers/insurance reasons (typically fairgrounds or National Guard Armories) prior to us being admitted to the backstage area.

Lying on the form speaks worse for the notary public because it is their sole job to verify the identity of the person signing (typically through a driver's license). Them not verifying Dongas identity could cost them up to $1500 in fines and them losing their notary status. Basically, the notary has more to lose from this than Donga.

I get the impression people are mixing up a notary stamp and a court filing number/true copy or whatever. As stated before he probably has easy access to a notary on the car lot he is related to.

I'm not thinking there would be anything illegal about having a notary stamp a name change application he signed, even if he doesn't intend to turn it in. Even if he foraged a notary stamp, I seriously doubt he would be prosecuted as he never actually used the document. That's my take at least. I unfortunately think it will be anticlimactic in terms of legal action.

 

[Schlomo Silverscreenblatt]

PAY FAILURE WHAT YOU OWE DONGA!!!!

 

[Particle Bored]

Nothing is going to come from it.

Spoiler: Powerlevely

I've had several wrestling shows that had to be notarized for waivers/insurance reasons (typically fairgrounds or National Guard Armories) prior to us being admitted to the backstage area.

Lying on the form speaks worse for the notary public because it is their sole job to verify the identity of the person signing (typically through a driver's license). Them not verifying Dongas identity could cost them up to $1500 in fines and them losing their notary status. Basically, the notary has more to lose from this than Donga.

I think the implication is that he faked the seal. If he actually sent the promoter something, it would be understandable for them to expect a photocopy, which would be easier to fake than an embossed seal copy. Also would be hard to tell an embossed seal vs photoshop on shitty webcam. Looks like Alabama would require an embossed seal, though I guess maybe in theory the embossed copy is left with the court and he keeps a photocopy? Or would the notary emboss two copies? I dunno. Who cares. It's bullshit regardless.

 

[waffle]

If he got it actually notarized, but failed to file it and then represented that it was it may still be criminal forgery but its probably a much harder case. It certainly is criminal uf he made a fake judgment/order of name change and presented that.

Even if it wasn't a crime its still a tort.

If he presented an application he never filed its unlikely to get charged, but if he made a fake notary or judgment and it gets reported he'll get charged. The government does not Fuck around with people that forge government documents.