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  • Report:  #168299

Complaint Review: Dave Graham

Dave Graham Breach of Contract, Fraud, Lies, Threats, Theft ripoff Las Vegas Nevada

  • Reported By:
    Cleveland Ohio
  • Submitted:
    Sat, December 17, 2005
  • Updated:
    Sun, June 18, 2006

Dave Graham, RBC, Reality Bar Crawl, Fathem Entertainment: Breach of Contract, Fraud, Lies, Incompetence.

David Graham of Las Vegas was formally associated with Reality Bar Crawl and Fathem Entertainment. He is the most disorganized, unprofessional person I've dealt with in 30 years of business! I've never heard so many excuses! Big talk, NO action!

We paid Reality Bar Crawl and Fathem Entertainment thousands of dollars to promote our new products. He breached our written contract in a dozen different ways, lost or stole our products and promotional items, which are worth $2,000.

Russell Lowry (Dallas) one of the other owners of Reality Bar Crawl and Fathem Entertainment (along with Gregory Heyne) told me that even Fathem's business partner, the large multi-location BAR Management Group would not deal directly with Dave Graham and cancelled many of their planned events.

Russ told me they fired Dave Graham due to incompetence. They wanted to file a lawsuit, but couldn't as Dave lives with his mother and does not have any assets. Russ Lowry indicated that his attorney was trying to find Dave Graham to retrieve files he stole from Fathem and Reality Bar Crawl when he was fired. Dave Graham's last known address is 855 Costal Beach Rd., Henderson, NV 89015

Instead of apologizing for breaching our contact and offering to work things out, David Graham threatened us:

If [you] feel the urgency to report Reality Bar Crawl to the Better Business Bureau that is its prerogative. Reality Bar Crawl is not a member of the bureau and Reality Bar Crawl will respond with a nuisance claim against [your company] as it is creating a filibuster in order to defame the name of Reality Bar Crawl

If [your company] files suit against Reality Bar Crawl, Reality Bar Crawl will have no choice then to respond accordingly. Reality Bar Crawl will also file suit against [your company] for libel and slander. Also, it will use to the best of its ability its national television commercials, national television show, DVD series, calendar, over 100 live events planned for Spring '05 to give its honest and fair opinion only that [your company] is not a company to do business

Anyone who uses the word filibuster in a sentence has obviously been down this road before. As you'll see in other reports, they have multiple suits pending. Dave Graham spent more time writing this three page, threatening document than he did in the entire 6 months he was supposed to be promoting our product.

Dave Graham now has his own promotions company. Beware!

For additional information, on David Graham, Fathem Entertainment, Reality Bar Crawl, Russ Lowry and Greg Heyne, see the all the Reports on this and other sites including Bogus Operation, that detail Lies, Threats, Theft, Breach of Contract, Mismanagement, Misrepresentation, Lawsuits, etc.

Mark
Cleveland, Ohio
U.S.A.

6 Updates & Rebuttals


Mark

Cleveland,
Ohio,
U.S.A.

Police Investigation

#7Author of original report

Sun, June 18, 2006

David Graham, Dave Graham Police Investigation Henderson Nevada
On the afternoon of March 4, 2006, two Henderson, NV police cruisers pulled up to Dave Graham's mother's house, where he lives. Although his vehicle was in the driveway, his stepfather told the two police officers that Dave was not home. They asked when Dave would return and his stepfather said he had ?No idea?.

The police were investigating Dave Graham for suspicion of receiving and warehousing stolen goods. (See related Reports on this and other similar websites, under: Dave Graham; David Graham; Reality Bar Crawl; Fathem Entertainment) The police asked Dave Graham's stepfather if Dave kept boxes of merchandise at this house. He replied No. The police requested access to the garage and Dave Graham's stepfather refused. As the police left, they heard someone quickly go into the garage.

Standing in the front yard, the police commented, We know he's lying. They recommended that the several parties, which requested the investigation, file with the county to obtain a warrant to search the premises. They quickly added that they knew any questionable merchandise would be moved to another location before they could come back. The parties can, however do this at anytime in the future.

Due to this, the Henderson police now have a report on file for both Dave Graham and his stepfather. The police will watch for future complaints and suspicious activity, which will be added to their files.

David Graham was with Reality Bar Crawl, which has been in trouble with the law, including stolen merchandise and a stolen truck. (See related articles on this and other websites, under: Reality Bar Crawl; Fathem Entertainment) He is now with National Lampoon's RealityXtreme Live.

While at National Lampoon's RealityXtreme Live, Dave Graham has been accused of stealing photographs to make a RealityXtreme Live calendar.


Mark

Cleveland,
Ohio,
U.S.A.

Dave Graham: More Lies, Police and FBI Investigations, New Frauds Uncovered, 27 people Can't Be Wrong!

#7Author of original report

Fri, February 03, 2006

I've addressed each of Dave Graham's lies from his rebuttal. Dave Graham's rebuttal is noted below in [parenthesis]. My responses start with --.

--Dave Graham spent more time writing his fictitious rebuttal than he did promoting our product over the period of our contract.

[Rebuttal REBUTTAL Individual respondsSubmitted: 1/9/2006 9:40:35 PM Modified: 1/9/2006 9:40:35 PM
Mark Frank's Inferior Product ShotLuge.com]

[A client of mine passed this website on to me in order to safeguard me against any future posts. I wasn't quite sure what these type of sites were, but upon reading other posts, I realize its a way for people to vent their frustrations, without legal recourse.]

--Very interesting that your (David Graham's) current clients are doing searches on Dave Graham on ripoffreport .com.

[In regards to Mark Frank of Cleveland, OH and his company ShotLuge. David Graham had the unfortunate experience of working with ShotLuge for a short time. Its a product, which sounds absolutely great in theory, but once you view the actual product, you'll see it that is extremely inferior, not a product the majority of bar owners would like to purchase and its significantly overpriced.]

--Very typical of Dave Graham to try to avert attention away from the issue at hand, by attacking our excellent product. Dave Graham ripped-off my company for $4,000. The product was not the issue, Dave Graham's lies and incompetence were.

[Mark Frank, if the story needs to be told, contacted David's former company, via an email. They conversed a few times, checked out their website and decided to put a deal together. There were a large amount of needs ShotLuge needed. They were provided with a constant updated list of clubs, their email addresses and phone numbers. They were given signage at the event, on the vehicles, banner space and several other items, too lengthy to list. The tour ran over 140 dates. About 45 of those dates were with one company, who owns multiple clubs, another 20 were with a single-owner company, another 10 with a single-owner company and 40 independents, sometimes repeated twice. Overall there were 60 companies they contacted. Out of those 60 companies, only 2 purchased their product, here is why.]

--We did not hire Dave Graham and Reality Bar Crawl to sell our product, we paid them thousands of dollars to promote it. Our contract states that RBC would take still photos and video footage of our product in use at each event. We were promised that photos and video would be supplied to us to put on our website. A very simple thing. To date we have never received even one photo or one second of videotape, despite continual requests.

We therefore have no evidence that our product was promoted at even one event, let alone the 140 dates Dave claims. Although below he says it was only 30? Our contract states ShotLuge will be included in all print advertising as a presenting sponsor of the Reality Bar CrawlLogos to be included in all flyers, posters, newspaper ads, etc Shotluge will be included in any and all publicity. A general press release will be sent out to various media, inclusive of radio stations, television stations, local newspapers, alternative weeklies and any other media outlets.

--Dave Graham would not supply copies of any such advertising or publicity, which confirms that they never did ANY! The contract continues Fathem will be collecting names/e-mail addresses from each person who enters the venue and will share this information from selected cities/venues. We never received even one name, again leading us to believe that Dave Graham never promoted our product.

[The product with shipping is over $400. Then the client has to purchase ice, this can range between $100 and $200 for the ice block and to have it carved. They also need these straws. A box of 200 straws is $75 (which is extremely overpriced). Overall for a bar to buy the product and use it once, its close to $750. To use it again its $200 to $300. A bar then has to use alcohol, hire someone to sell the shots and in end its not worth it.

--Only Dave Graham would pay $200 for a block of ice. If he listened to any of our conversations or read any of our literature, he would know that the average price for ice in the United States is $75 - $85. Even in L.A. we have three ice distributors that charge $50 - $60 (with the trails carved) plus $25 delivery.

--Dave Graham knows well that the consumer doesn't need these straws. Many prefer to put their mouths on the ice to get a shooter. We offer the only sanitary option for ice luge parties in the industry and these straws have been extremely popular and well received! They are made of an FDA approved plastic. We've never had even one person complain about the price. Who would, when the bars are selling shooters for $3 -$4 ea.

--Obviously Dave Graham cannot read, (or he's just lying again) as we sell cartons of 750 straws for $89 as clearly stated on our website. Dave writes in his rebuttal A bar then has to use alcohol and hire someone to sell the shots. In case he's not familiar with bars, most of them already have alcohol and bartenders.

--Our product has been featured in 5 national magazines in the US and Canada.

[The product was actually put on the road and brought to over 30 venues. It was demo'ed. However bar owners didn't respond to the product.]

--Again, we do not have even one piece of evidence that our product was ever taken to an event. Or that any of our banners were ever displayed at an event. If Dave Graham actually ever did demonstrate it, he would have supplied photos, video, some proof. But he didn't. Nothing.

--We were promised (as were Dave Graham and RBC's other clients) that our product would be included on a DVD, which was to be sold and also the feature of an MTV special. Our contract states:Each event on the Reality Bar Crawl is shot for DVD/Video. There are between one and two camera people per event shooting the entire night's event. All interaction with the ShotLuge product will be shot and profiled for the DVD/Video release, possible Internet promo and a copy of all ShotLuge footage will be provided to ShotLuge. Shotluge will be guaranteed inclusion on the Reality Bar Crawl DVD/Video series.

--Again, we never received any footage, breaching our contract in just one more way. In several lengthy conversations this month with the Editor hired by RBC to work on the DVD, he indicated that as the tour progressed, RBC gave up the idea of actually producing the DVD. They continued to pretend to tape the events, sometimes without any tape in the camera. They also continued to take money from sponsors to cover the cost of the production of the DVD. This is a very serious scam. Dave Graham and his RBC partner Russ Lowry have been accused of this in the past, as well, as can be seen on this and other sites.

[The sponsorship was for one tour and one tour only. ShotLuge via Mark Frank asked for the sponsorship to be extended. They paid for a one-tour sponsorship. They received a one-tour sponsorship. They wanted more. They wanted what they didn't pay for.]

--We wanted something for our money, besides frustrations and lies. Dave Graham breached our contract in multiple ways. Our suggestion was to put our logo on the RBC website for 6 months (since it was only up sporadically during the contract period, for some unknown reason), to compensate for the breach of contract. This would have been so easy for him to do and it would have cost him nothing. Instead he threatened us and invited the investigation that has (so far) turned up 27 people that have been hurt by Dave Graham and Reality Bar Crawl.

[Mark Frank is extremely unprofessional. He doesn't understand the basic principles of marketing. His product is far inferior. In over 10 years of business, you'd think the product would be successful, but it's not. Its too expensive. When the product was finally viewed , it was borderline embarrassing. It's a high-grade plastic, but thats it. It weighs over 50 lbs, has two black poles that hold it up, and a light source that goes around it. It looks like something a bunch of high school kids came up with in their garage.]

--10 years? If Dave Graham had paid any attention to us, his paying clients, he'd have known that our company was only 6 months old when we hired him. The first year of any business is critical and it's a shame we wasted time and money on Dave Graham.

--We are now two years old and fortunately our product has been very well received in the market. Never once have we been told by a potential consumer that our product is too expensive, as they realize it is a substantial moneymaker for bars!

--The product is highly engineered, to withstand 400 lbs., and by design, very simple to assemble and operate. We had computer generated finite element analysis performed for each component.

--We don't sell a light source. Two black poles? Obviously David Graham never used or promoted our product. It is very distasteful to have to defend our good product to such a liar! The public should beware that this could be your fate too, if you hire Dave Graham, now of Reality Xtreme Live.

[In regards to Mark Frank's personal jabs. David Graham left Reality Bar Crawl of his own accord. He left via a dispute with a talent coming to Spring Break. He knew his partners were suffocating the business, stealing every penny and worse were the shadiest business people you have ever met. The choice was his to leave, he was not fired, you cannot be fired from something you own (or thought you owned, you can on the other hand walk away, hence the seperation agreement. Russ Lowry was recently arrested in Dallas, TX for stealing a tour bus from Microsoft/Dell (Long Story).]

--First of all you didn't walk away you ran away! Separation agreement or not, Dave Graham is legally responsible for anything that took place prior to the date of that agreement, which includes the time frame of our contract.

--Dave Graham states here that he was the founder and co-owner of Reality Bar Crawl. Any actions or class actions we, as a group decide to take, will be against Dave Graham and the other owners personally.

--Secondly, I was just reporting what your RBC partner Russ Lowry told me. He said you disappeared (which we knew) and his attorneys were looking for you. Yes it's true that your RBC partners are as you stated, the shadiest people you've ever met. Apparently you learned a few things from them.

--Our contract was signed by Dave Graham. You were our only contact. We never talked to your partners until you left. Why did you disappear? Why did you not return phone calls or emails? You could have very easily made this situation right. But you didn't even try.

[Mark Frank has zero facts correct. David Graham spends 80% of his time on the road traveling, his parents are nice enough to store his belongings, receive his mail and care for his pets, while traveling. If someone spends over 300 days a year on the road what else should they do.]

--Who Cares!

[In regards to BMG (Bar Management Group). It was David's client prior a relationship with the other two principles in RBC. It was David's decision to drop BMG as a client, after finally telling its VP of Operations, he was tired of their lies, scamming money via booking events, cancelling them and then still charging the inflated door charge and making the talent look bad.]

--In a very lengthy conversation with The Bar Management Group principals, they paint a very poor picture of you and the way you mishandled their events.

[As far as anything past February, 2005. He was not prevy to any conversation. There are no "files" that are owed to RBC. David started RBC, he fostered it and unfortunately he found two of the worst people to do business with and the other partner company (BMG) was the worst to do business with.This is all in the past. Mark Frank needs to get over the name calling. If this was such a large issue, why did it take almost 14 months to make a post such as this.]

--Because I just found this site and the other similar sites, which contain postings from others that have been ripped-off by you and your partners. Because we wasted another 6 months being scammed by your RBC partner Russ Lowry who promised to correct the damage you had done. Because the police and FBI told me to hire an attorney, because my attorney had to talk to attorneys in both Nevada and Texas. (details follow).

[Also, in 11 months of doing business, there isn't a single complaint against my business practices. My company is 100% successful and we have clients in numerous states. We have sponsors, which we push via radio, flyers and other promotional means and they're receiving great responses, mostly because they have a superior, low-cost product that people actually want to buy.]

--So you've gone less than a year without anyone filing a complaint against you. Quite an achievement Dave.

--Quit slamming our good product! Anyone who reads this report will know that the issue wasn't our product, it was your lies and inability to deliver what you promised, per our written contract. If you're so successful than you'll have no trouble paying us for the product you took from us and refused to return, for some unknown reason.

--As noted above and below, I have your email, which states that you have two of the units in your possession. Why didn't you return them? You claim to suddenly be an honest businessman, then at least return or reimburse us for the three products. No more excuses. Just do it!

--And don't say there was nothing in our contract that said you had to return them. There was nothing in our contract which states that you could keep, or sell or whatever you did with them. It was clearly discussed and understood that at the end of the year the three units would be returned or sold, with the proceeds going to us, not to Dave Graham.

[In regards to use of the word filibuster. Any college degreed person can tell you its not an uncommon word. Try a course in Poly Sci 101 and you'll learn its meaning.]

--How mature and professional of you Dave.

[Lastly, please refrain from publishing the physical address of any family members of David Graham. Again, while its not illegal, its immoral, if someone has a problem with someone, then its to be discussed.]

--I will not discuss morals with anyone who has been involved with cheating so many people!

--I considered not listing your address, but I learned that there are other individuals and companies looking for you and thought I'd be helpful. As an example, it was a posting (with address) on your RBC partner Russ Lowry, that led to his apprehension, for the stolen tractor-trailer (and forgery and $20,000 extortion attempt, you mentioned above.

--The Dallas Police and Dallas FBI had not been able to locate him, but thanks to this site, they eventually found the stolen truck covered up in a field north of Dallas filled with stolen equipment.

--Your comment above: if someone has a problem with someone, then it's to be discussed. Are you kidding?! You ignored my phone calls and emails for months, during and after our contract period!!! How can I discuss something when you're hiding from all your dissatisfied clients and creditors? You run away from any complaints, rather than trying to work things out - which you very easily could have!

[Russ Lowry and Greg Heyne took 100% of your money. David Graham had zero control of finances, which any talent of Real World/Road Rules will tell you. He didn't tour beyond a few appearances after the 2nd tour. He was never in control of promotions or marketing, that was Russ Lowry, Greg Heyne and BMG.]

--More lies! We sent money directly to you. You took our money and you took our products. You claim you started the company and co-owned it, but you had zero control of the finances?

[Mark Frank needs to vent his frustrations at the people that deserve it. If Russ Lowry/Greg Heyne lied to you, strung you along for 6 months, take it up with them. Unfortunately, I had to be the person who did the paperwork and contract, but they received the benefits of it. If you're taking the word of a now-arrested person, then that is your choice.]

--My frustrations are mainly with Dave Graham! You were our only contact at RBC. You signed our contract and you alone breached it! As usual, you try to put the blame on someone else! That's all we heard when we worked with you: It's the bars fault, it's the talents fault, it's the web guy's fault, it's my partners fault.

--We would not have had to talk to your partner, if you hadn't taken our money and product and left. It's time for you to take some responsibility for yourself and return or at least reimburse us for the product that you either have (at your own admission) or sold. As noted below, this is apparently an ongoing RBC scam - take product from your clients and not return it.

[Also, Mark Frank puts in the responses of David Graham, but leaves out his accusations and threats. They were very unprofessional and extremely slanderous.]

--Again, Dave graham can try to shift attention away from him with sentences like the above, but anyone reading his rebuttals will see through the BS. The truth is not slander! As you well know, you breached our contract and then disappeared. I could not reach you by any means for months until you responded to the email in which I wrote If we don't hear from you we will contact the Better Business Bureau. You consider that a threat? Here was your response, which IS a threat:

["If [you] feel the urgency to report Reality Bar Crawl to the Better Business Bureau that is its prerogative. Reality Bar Crawl is not a member of the bureau and Reality Bar Crawl will respond with a nuisance claim against [your company] as it is creating a filibuster in order to defame the name of Reality Bar Crawl. If [your company] files suit against Reality Bar Crawl, Reality Bar Crawl will have no choice then to respond accordingly. Reality Bar Crawl will also file suit against [your company] for libel and slander. Also, it will use to the best of its ability its national television commercials, national television show, DVD series, calendar, over 100 live events planned for Spring \'05 to give its honest and fair opinion only that [your company] is not a company to do business."]

--Did you forget that this same email goes on to promise us the following: Reality Bar Crawl will make a one-time offer in order to satisfy the contract. The offer is as follows: - Reality Bar Crawl is willing to share its contacts for both the Fall '04 tour, which you already have the majority of contact information for, and for the Spring '05 tour. - Reality Bar Crawl is also willing to share its corporate contact information for companies like Dave & Busters, JDC Sports (formerly Jillian's), Bar Management Group and Banana Joe's, which combined own over 250 locations across the country. - Reality Bar Crawl will provide contact information for National Lampoon's Marketing/Sponsorship Department, but it does not feel at this time that they will be effective in meeting your needs.]

--As usual, we received none of the above. Not one thing! How can you explain that? It would have taken no time and not cost a dime.

--Did you also forget this email from you, dated 2/19/05:The ShotLuge's will be returned on Sunday, February 27th as requested. Only two of the ShotLuge's are in the Reality Bar Crawl possession.

--You have them, where are they? Are they in Henderson? Why haven't you returned them? Who are you going to blame now? It is your responsibly to make this right.

[Good luck in your future endeavors, you sincerely need them. Please do not bother him again with another post.]

--You disappear for over a year with our money and products and I'm bothering you?! We did not deserve to be treated like this!

[Sincerely,David - Henderson, Nevada U.S.A.]

--Since posting my initial report, I have been contacted my numerous people who have been damaged by Dave Graham, Russ Lowry, Greg Heyne, Reality Bar Crawl and Fathem Entertainment.

--As it's more difficult to get money back from two people with no assets, I concentrated on the three stolen products valued at $1,200. Dave Graham's email (reprinted above) confirms that two of them are in his possession. Russ Lowry eventually located the third (per his email) and has it at his house, but has never sent it. The Dallas police suggested I sue all of you to get them back, but then they realized they may be on the stolen tuck, along with tens of thousands of dollars in lighting and stage equipment and other stolen goods.

--The Dallas Police and the District Attorney already had a number of complaints on file against Reality Bar Crawl and it's three owners and they were glad to have more information. They even told me the date and time they planned to pick up Russ Lowry.

--The Dallas Police asked me to contact the Dallas FBI, as they were also investigating the stolen truck (from South Carolina) and equipment which has crossed over state lines. The FBI was particularly interested in the three partners of Reality Bar crawl as they already had a database of complaints from the last year.

--The FBI asked me (and three other individuals that I am aware of) to compile a database of others who had been harmed by Dave Graham, Russ Lowry and Greg Heyne. I filed a 5 page report with the Cleveland FBI and Dallas FBI (including the threats against our company) and they forwarded it to the Las Vegas FBI.

--They will forward it to the Dallas Police Department, the Dallas District Attorney and the Las Vegas Police Department. They asked me to update the reports as more information surfaced, which it already has.

--I made it very clear to the FBI that I could not confirm each report of abuse as I had received the information (much of it very detailed) second hand. I suggested that they contact each person individually. I only gave them names of the people for which I had contact information.

--To date I have an incredible 27 individuals and companies that have been damaged by Dave Graham, Russ Lowry, Gregg Heyne, Reality Bar Crawl (RBC) and Fathem Entertainment, for the following:

Breach of contracts
Theft of money
Fraud
Extortion
Lies
Tax evasion
Forgery
Threats
One death threat received by email
Credit card fraud
Identity theft
Intimidation
Money owed to employees and contractors
Unreturned deposits to clubs
Stolen lighting and stage equipment
Stolen camera equipment
Stolen products
Stolen truck
Using video and photos of people without their written permission for National Lampoon.
Using music on a video for National Lampoon, without written permission.
Using stolen photos for the National Lampoon Reality Xtreme 2006 Wall Calendar.

--I knew they were poor businessmen and dishonest, but I never expected all of this. Dave Graham will blame everything on his partners, but as he noted above, he started Reality Bar Crawl and he needs to take responsibility for at least his own actions. Not just run away and start over again under a new name.

--Many of the victims are former clients and employees and many agreed to my publishing their names and specifics here. As Dave Graham has proven to be so low as to unjustly attack our product (to draw attention away from his abuses) I will not give him the same opportunity to print lies about other innocent people and their products. I will, however provide all information to interested parties (as many have done for me).

--All 27 individuals and companies have been reported in some detail to the FBI, so any interested law enforcement agencies can contact them. Twenty-seven!

Sponsors:
My company lost $4,000 in cash, marketing materials and product.
Another claims they were ripped off for $5 6,000 in cash and products.
Another claims $60,000 in wasted sponsorship and unreturned product.
(The FBI specifically noticed this pattern of abuse RBC keeping sponsors products)
Another sited $40 50,000 in stolen camera equipment, plus $10,000 in cash for a product which was never produced.
I'm waiting for confirmation from another who I'm told was also ripped-off.

One former employee claims $10,000 in stolen equipment.

Camera Crew money owed
Bus Drivers money owed
Road Managers money owed
Talent money owed
Coach Company money owed

Two Clubs RBC no show and would not return deposit

--Several of the companies I talked to are in discussions with their Attorneys regarding lawsuits and injunctions. They are currently running asset searches on each of the (RBC) partners and are encouraged by the volume of new information and history of abuses by these three, which would be helpful in any class action.

--I'll keep updating these postings as people continue to contact me. If Dave Graham decides to correct the wrongs to our company, I'll submit a posting to that effect.

--Dave Graham is currently with Reality Xtreme Live, a sole proprietorship in Henderson, NV.


Mark

Cleveland,
Ohio,
U.S.A.

Dave Graham: More Lies, Police and FBI Investigations, New Frauds Uncovered, 27 people Can't Be Wrong!

#7Author of original report

Fri, February 03, 2006

I've addressed each of Dave Graham's lies from his rebuttal. Dave Graham's rebuttal is noted below in [parenthesis]. My responses start with --.

--Dave Graham spent more time writing his fictitious rebuttal than he did promoting our product over the period of our contract.

[Rebuttal REBUTTAL Individual respondsSubmitted: 1/9/2006 9:40:35 PM Modified: 1/9/2006 9:40:35 PM
Mark Frank's Inferior Product ShotLuge.com]

[A client of mine passed this website on to me in order to safeguard me against any future posts. I wasn't quite sure what these type of sites were, but upon reading other posts, I realize its a way for people to vent their frustrations, without legal recourse.]

--Very interesting that your (David Graham's) current clients are doing searches on Dave Graham on ripoffreport .com.

[In regards to Mark Frank of Cleveland, OH and his company ShotLuge. David Graham had the unfortunate experience of working with ShotLuge for a short time. Its a product, which sounds absolutely great in theory, but once you view the actual product, you'll see it that is extremely inferior, not a product the majority of bar owners would like to purchase and its significantly overpriced.]

--Very typical of Dave Graham to try to avert attention away from the issue at hand, by attacking our excellent product. Dave Graham ripped-off my company for $4,000. The product was not the issue, Dave Graham's lies and incompetence were.

[Mark Frank, if the story needs to be told, contacted David's former company, via an email. They conversed a few times, checked out their website and decided to put a deal together. There were a large amount of needs ShotLuge needed. They were provided with a constant updated list of clubs, their email addresses and phone numbers. They were given signage at the event, on the vehicles, banner space and several other items, too lengthy to list. The tour ran over 140 dates. About 45 of those dates were with one company, who owns multiple clubs, another 20 were with a single-owner company, another 10 with a single-owner company and 40 independents, sometimes repeated twice. Overall there were 60 companies they contacted. Out of those 60 companies, only 2 purchased their product, here is why.]

--We did not hire Dave Graham and Reality Bar Crawl to sell our product, we paid them thousands of dollars to promote it. Our contract states that RBC would take still photos and video footage of our product in use at each event. We were promised that photos and video would be supplied to us to put on our website. A very simple thing. To date we have never received even one photo or one second of videotape, despite continual requests.

We therefore have no evidence that our product was promoted at even one event, let alone the 140 dates Dave claims. Although below he says it was only 30? Our contract states ShotLuge will be included in all print advertising as a presenting sponsor of the Reality Bar CrawlLogos to be included in all flyers, posters, newspaper ads, etc Shotluge will be included in any and all publicity. A general press release will be sent out to various media, inclusive of radio stations, television stations, local newspapers, alternative weeklies and any other media outlets.

--Dave Graham would not supply copies of any such advertising or publicity, which confirms that they never did ANY! The contract continues Fathem will be collecting names/e-mail addresses from each person who enters the venue and will share this information from selected cities/venues. We never received even one name, again leading us to believe that Dave Graham never promoted our product.

[The product with shipping is over $400. Then the client has to purchase ice, this can range between $100 and $200 for the ice block and to have it carved. They also need these straws. A box of 200 straws is $75 (which is extremely overpriced). Overall for a bar to buy the product and use it once, its close to $750. To use it again its $200 to $300. A bar then has to use alcohol, hire someone to sell the shots and in end its not worth it.

--Only Dave Graham would pay $200 for a block of ice. If he listened to any of our conversations or read any of our literature, he would know that the average price for ice in the United States is $75 - $85. Even in L.A. we have three ice distributors that charge $50 - $60 (with the trails carved) plus $25 delivery.

--Dave Graham knows well that the consumer doesn't need these straws. Many prefer to put their mouths on the ice to get a shooter. We offer the only sanitary option for ice luge parties in the industry and these straws have been extremely popular and well received! They are made of an FDA approved plastic. We've never had even one person complain about the price. Who would, when the bars are selling shooters for $3 -$4 ea.

--Obviously Dave Graham cannot read, (or he's just lying again) as we sell cartons of 750 straws for $89 as clearly stated on our website. Dave writes in his rebuttal A bar then has to use alcohol and hire someone to sell the shots. In case he's not familiar with bars, most of them already have alcohol and bartenders.

--Our product has been featured in 5 national magazines in the US and Canada.

[The product was actually put on the road and brought to over 30 venues. It was demo'ed. However bar owners didn't respond to the product.]

--Again, we do not have even one piece of evidence that our product was ever taken to an event. Or that any of our banners were ever displayed at an event. If Dave Graham actually ever did demonstrate it, he would have supplied photos, video, some proof. But he didn't. Nothing.

--We were promised (as were Dave Graham and RBC's other clients) that our product would be included on a DVD, which was to be sold and also the feature of an MTV special. Our contract states:Each event on the Reality Bar Crawl is shot for DVD/Video. There are between one and two camera people per event shooting the entire night's event. All interaction with the ShotLuge product will be shot and profiled for the DVD/Video release, possible Internet promo and a copy of all ShotLuge footage will be provided to ShotLuge. Shotluge will be guaranteed inclusion on the Reality Bar Crawl DVD/Video series.

--Again, we never received any footage, breaching our contract in just one more way. In several lengthy conversations this month with the Editor hired by RBC to work on the DVD, he indicated that as the tour progressed, RBC gave up the idea of actually producing the DVD. They continued to pretend to tape the events, sometimes without any tape in the camera. They also continued to take money from sponsors to cover the cost of the production of the DVD. This is a very serious scam. Dave Graham and his RBC partner Russ Lowry have been accused of this in the past, as well, as can be seen on this and other sites.

[The sponsorship was for one tour and one tour only. ShotLuge via Mark Frank asked for the sponsorship to be extended. They paid for a one-tour sponsorship. They received a one-tour sponsorship. They wanted more. They wanted what they didn't pay for.]

--We wanted something for our money, besides frustrations and lies. Dave Graham breached our contract in multiple ways. Our suggestion was to put our logo on the RBC website for 6 months (since it was only up sporadically during the contract period, for some unknown reason), to compensate for the breach of contract. This would have been so easy for him to do and it would have cost him nothing. Instead he threatened us and invited the investigation that has (so far) turned up 27 people that have been hurt by Dave Graham and Reality Bar Crawl.

[Mark Frank is extremely unprofessional. He doesn't understand the basic principles of marketing. His product is far inferior. In over 10 years of business, you'd think the product would be successful, but it's not. Its too expensive. When the product was finally viewed , it was borderline embarrassing. It's a high-grade plastic, but thats it. It weighs over 50 lbs, has two black poles that hold it up, and a light source that goes around it. It looks like something a bunch of high school kids came up with in their garage.]

--10 years? If Dave Graham had paid any attention to us, his paying clients, he'd have known that our company was only 6 months old when we hired him. The first year of any business is critical and it's a shame we wasted time and money on Dave Graham.

--We are now two years old and fortunately our product has been very well received in the market. Never once have we been told by a potential consumer that our product is too expensive, as they realize it is a substantial moneymaker for bars!

--The product is highly engineered, to withstand 400 lbs., and by design, very simple to assemble and operate. We had computer generated finite element analysis performed for each component.

--We don't sell a light source. Two black poles? Obviously David Graham never used or promoted our product. It is very distasteful to have to defend our good product to such a liar! The public should beware that this could be your fate too, if you hire Dave Graham, now of Reality Xtreme Live.

[In regards to Mark Frank's personal jabs. David Graham left Reality Bar Crawl of his own accord. He left via a dispute with a talent coming to Spring Break. He knew his partners were suffocating the business, stealing every penny and worse were the shadiest business people you have ever met. The choice was his to leave, he was not fired, you cannot be fired from something you own (or thought you owned, you can on the other hand walk away, hence the seperation agreement. Russ Lowry was recently arrested in Dallas, TX for stealing a tour bus from Microsoft/Dell (Long Story).]

--First of all you didn't walk away you ran away! Separation agreement or not, Dave Graham is legally responsible for anything that took place prior to the date of that agreement, which includes the time frame of our contract.

--Dave Graham states here that he was the founder and co-owner of Reality Bar Crawl. Any actions or class actions we, as a group decide to take, will be against Dave Graham and the other owners personally.

--Secondly, I was just reporting what your RBC partner Russ Lowry told me. He said you disappeared (which we knew) and his attorneys were looking for you. Yes it's true that your RBC partners are as you stated, the shadiest people you've ever met. Apparently you learned a few things from them.

--Our contract was signed by Dave Graham. You were our only contact. We never talked to your partners until you left. Why did you disappear? Why did you not return phone calls or emails? You could have very easily made this situation right. But you didn't even try.

[Mark Frank has zero facts correct. David Graham spends 80% of his time on the road traveling, his parents are nice enough to store his belongings, receive his mail and care for his pets, while traveling. If someone spends over 300 days a year on the road what else should they do.]

--Who Cares!

[In regards to BMG (Bar Management Group). It was David's client prior a relationship with the other two principles in RBC. It was David's decision to drop BMG as a client, after finally telling its VP of Operations, he was tired of their lies, scamming money via booking events, cancelling them and then still charging the inflated door charge and making the talent look bad.]

--In a very lengthy conversation with The Bar Management Group principals, they paint a very poor picture of you and the way you mishandled their events.

[As far as anything past February, 2005. He was not prevy to any conversation. There are no "files" that are owed to RBC. David started RBC, he fostered it and unfortunately he found two of the worst people to do business with and the other partner company (BMG) was the worst to do business with.This is all in the past. Mark Frank needs to get over the name calling. If this was such a large issue, why did it take almost 14 months to make a post such as this.]

--Because I just found this site and the other similar sites, which contain postings from others that have been ripped-off by you and your partners. Because we wasted another 6 months being scammed by your RBC partner Russ Lowry who promised to correct the damage you had done. Because the police and FBI told me to hire an attorney, because my attorney had to talk to attorneys in both Nevada and Texas. (details follow).

[Also, in 11 months of doing business, there isn't a single complaint against my business practices. My company is 100% successful and we have clients in numerous states. We have sponsors, which we push via radio, flyers and other promotional means and they're receiving great responses, mostly because they have a superior, low-cost product that people actually want to buy.]

--So you've gone less than a year without anyone filing a complaint against you. Quite an achievement Dave.

--Quit slamming our good product! Anyone who reads this report will know that the issue wasn't our product, it was your lies and inability to deliver what you promised, per our written contract. If you're so successful than you'll have no trouble paying us for the product you took from us and refused to return, for some unknown reason.

--As noted above and below, I have your email, which states that you have two of the units in your possession. Why didn't you return them? You claim to suddenly be an honest businessman, then at least return or reimburse us for the three products. No more excuses. Just do it!

--And don't say there was nothing in our contract that said you had to return them. There was nothing in our contract which states that you could keep, or sell or whatever you did with them. It was clearly discussed and understood that at the end of the year the three units would be returned or sold, with the proceeds going to us, not to Dave Graham.

[In regards to use of the word filibuster. Any college degreed person can tell you its not an uncommon word. Try a course in Poly Sci 101 and you'll learn its meaning.]

--How mature and professional of you Dave.

[Lastly, please refrain from publishing the physical address of any family members of David Graham. Again, while its not illegal, its immoral, if someone has a problem with someone, then its to be discussed.]

--I will not discuss morals with anyone who has been involved with cheating so many people!

--I considered not listing your address, but I learned that there are other individuals and companies looking for you and thought I'd be helpful. As an example, it was a posting (with address) on your RBC partner Russ Lowry, that led to his apprehension, for the stolen tractor-trailer (and forgery and $20,000 extortion attempt, you mentioned above.

--The Dallas Police and Dallas FBI had not been able to locate him, but thanks to this site, they eventually found the stolen truck covered up in a field north of Dallas filled with stolen equipment.

--Your comment above: if someone has a problem with someone, then it's to be discussed. Are you kidding?! You ignored my phone calls and emails for months, during and after our contract period!!! How can I discuss something when you're hiding from all your dissatisfied clients and creditors? You run away from any complaints, rather than trying to work things out - which you very easily could have!

[Russ Lowry and Greg Heyne took 100% of your money. David Graham had zero control of finances, which any talent of Real World/Road Rules will tell you. He didn't tour beyond a few appearances after the 2nd tour. He was never in control of promotions or marketing, that was Russ Lowry, Greg Heyne and BMG.]

--More lies! We sent money directly to you. You took our money and you took our products. You claim you started the company and co-owned it, but you had zero control of the finances?

[Mark Frank needs to vent his frustrations at the people that deserve it. If Russ Lowry/Greg Heyne lied to you, strung you along for 6 months, take it up with them. Unfortunately, I had to be the person who did the paperwork and contract, but they received the benefits of it. If you're taking the word of a now-arrested person, then that is your choice.]

--My frustrations are mainly with Dave Graham! You were our only contact at RBC. You signed our contract and you alone breached it! As usual, you try to put the blame on someone else! That's all we heard when we worked with you: It's the bars fault, it's the talents fault, it's the web guy's fault, it's my partners fault.

--We would not have had to talk to your partner, if you hadn't taken our money and product and left. It's time for you to take some responsibility for yourself and return or at least reimburse us for the product that you either have (at your own admission) or sold. As noted below, this is apparently an ongoing RBC scam - take product from your clients and not return it.

[Also, Mark Frank puts in the responses of David Graham, but leaves out his accusations and threats. They were very unprofessional and extremely slanderous.]

--Again, Dave graham can try to shift attention away from him with sentences like the above, but anyone reading his rebuttals will see through the BS. The truth is not slander! As you well know, you breached our contract and then disappeared. I could not reach you by any means for months until you responded to the email in which I wrote If we don't hear from you we will contact the Better Business Bureau. You consider that a threat? Here was your response, which IS a threat:

["If [you] feel the urgency to report Reality Bar Crawl to the Better Business Bureau that is its prerogative. Reality Bar Crawl is not a member of the bureau and Reality Bar Crawl will respond with a nuisance claim against [your company] as it is creating a filibuster in order to defame the name of Reality Bar Crawl. If [your company] files suit against Reality Bar Crawl, Reality Bar Crawl will have no choice then to respond accordingly. Reality Bar Crawl will also file suit against [your company] for libel and slander. Also, it will use to the best of its ability its national television commercials, national television show, DVD series, calendar, over 100 live events planned for Spring \'05 to give its honest and fair opinion only that [your company] is not a company to do business."]

--Did you forget that this same email goes on to promise us the following: Reality Bar Crawl will make a one-time offer in order to satisfy the contract. The offer is as follows: - Reality Bar Crawl is willing to share its contacts for both the Fall '04 tour, which you already have the majority of contact information for, and for the Spring '05 tour. - Reality Bar Crawl is also willing to share its corporate contact information for companies like Dave & Busters, JDC Sports (formerly Jillian's), Bar Management Group and Banana Joe's, which combined own over 250 locations across the country. - Reality Bar Crawl will provide contact information for National Lampoon's Marketing/Sponsorship Department, but it does not feel at this time that they will be effective in meeting your needs.]

--As usual, we received none of the above. Not one thing! How can you explain that? It would have taken no time and not cost a dime.

--Did you also forget this email from you, dated 2/19/05:The ShotLuge's will be returned on Sunday, February 27th as requested. Only two of the ShotLuge's are in the Reality Bar Crawl possession.

--You have them, where are they? Are they in Henderson? Why haven't you returned them? Who are you going to blame now? It is your responsibly to make this right.

[Good luck in your future endeavors, you sincerely need them. Please do not bother him again with another post.]

--You disappear for over a year with our money and products and I'm bothering you?! We did not deserve to be treated like this!

[Sincerely,David - Henderson, Nevada U.S.A.]

--Since posting my initial report, I have been contacted my numerous people who have been damaged by Dave Graham, Russ Lowry, Greg Heyne, Reality Bar Crawl and Fathem Entertainment.

--As it's more difficult to get money back from two people with no assets, I concentrated on the three stolen products valued at $1,200. Dave Graham's email (reprinted above) confirms that two of them are in his possession. Russ Lowry eventually located the third (per his email) and has it at his house, but has never sent it. The Dallas police suggested I sue all of you to get them back, but then they realized they may be on the stolen tuck, along with tens of thousands of dollars in lighting and stage equipment and other stolen goods.

--The Dallas Police and the District Attorney already had a number of complaints on file against Reality Bar Crawl and it's three owners and they were glad to have more information. They even told me the date and time they planned to pick up Russ Lowry.

--The Dallas Police asked me to contact the Dallas FBI, as they were also investigating the stolen truck (from South Carolina) and equipment which has crossed over state lines. The FBI was particularly interested in the three partners of Reality Bar crawl as they already had a database of complaints from the last year.

--The FBI asked me (and three other individuals that I am aware of) to compile a database of others who had been harmed by Dave Graham, Russ Lowry and Greg Heyne. I filed a 5 page report with the Cleveland FBI and Dallas FBI (including the threats against our company) and they forwarded it to the Las Vegas FBI.

--They will forward it to the Dallas Police Department, the Dallas District Attorney and the Las Vegas Police Department. They asked me to update the reports as more information surfaced, which it already has.

--I made it very clear to the FBI that I could not confirm each report of abuse as I had received the information (much of it very detailed) second hand. I suggested that they contact each person individually. I only gave them names of the people for which I had contact information.

--To date I have an incredible 27 individuals and companies that have been damaged by Dave Graham, Russ Lowry, Gregg Heyne, Reality Bar Crawl (RBC) and Fathem Entertainment, for the following:

Breach of contracts
Theft of money
Fraud
Extortion
Lies
Tax evasion
Forgery
Threats
One death threat received by email
Credit card fraud
Identity theft
Intimidation
Money owed to employees and contractors
Unreturned deposits to clubs
Stolen lighting and stage equipment
Stolen camera equipment
Stolen products
Stolen truck
Using video and photos of people without their written permission for National Lampoon.
Using music on a video for National Lampoon, without written permission.
Using stolen photos for the National Lampoon Reality Xtreme 2006 Wall Calendar.

--I knew they were poor businessmen and dishonest, but I never expected all of this. Dave Graham will blame everything on his partners, but as he noted above, he started Reality Bar Crawl and he needs to take responsibility for at least his own actions. Not just run away and start over again under a new name.

--Many of the victims are former clients and employees and many agreed to my publishing their names and specifics here. As Dave Graham has proven to be so low as to unjustly attack our product (to draw attention away from his abuses) I will not give him the same opportunity to print lies about other innocent people and their products. I will, however provide all information to interested parties (as many have done for me).

--All 27 individuals and companies have been reported in some detail to the FBI, so any interested law enforcement agencies can contact them. Twenty-seven!

Sponsors:
My company lost $4,000 in cash, marketing materials and product.
Another claims they were ripped off for $5 6,000 in cash and products.
Another claims $60,000 in wasted sponsorship and unreturned product.
(The FBI specifically noticed this pattern of abuse RBC keeping sponsors products)
Another sited $40 50,000 in stolen camera equipment, plus $10,000 in cash for a product which was never produced.
I'm waiting for confirmation from another who I'm told was also ripped-off.

One former employee claims $10,000 in stolen equipment.

Camera Crew money owed
Bus Drivers money owed
Road Managers money owed
Talent money owed
Coach Company money owed

Two Clubs RBC no show and would not return deposit

--Several of the companies I talked to are in discussions with their Attorneys regarding lawsuits and injunctions. They are currently running asset searches on each of the (RBC) partners and are encouraged by the volume of new information and history of abuses by these three, which would be helpful in any class action.

--I'll keep updating these postings as people continue to contact me. If Dave Graham decides to correct the wrongs to our company, I'll submit a posting to that effect.

--Dave Graham is currently with Reality Xtreme Live, a sole proprietorship in Henderson, NV.


Mark

Cleveland,
Ohio,
U.S.A.

Dave Graham: More Lies, Police and FBI Investigations, New Frauds Uncovered, 27 people Can't Be Wrong!

#7Author of original report

Fri, February 03, 2006

I've addressed each of Dave Graham's lies from his rebuttal. Dave Graham's rebuttal is noted below in [parenthesis]. My responses start with --.

--Dave Graham spent more time writing his fictitious rebuttal than he did promoting our product over the period of our contract.

[Rebuttal REBUTTAL Individual respondsSubmitted: 1/9/2006 9:40:35 PM Modified: 1/9/2006 9:40:35 PM
Mark Frank's Inferior Product ShotLuge.com]

[A client of mine passed this website on to me in order to safeguard me against any future posts. I wasn't quite sure what these type of sites were, but upon reading other posts, I realize its a way for people to vent their frustrations, without legal recourse.]

--Very interesting that your (David Graham's) current clients are doing searches on Dave Graham on ripoffreport .com.

[In regards to Mark Frank of Cleveland, OH and his company ShotLuge. David Graham had the unfortunate experience of working with ShotLuge for a short time. Its a product, which sounds absolutely great in theory, but once you view the actual product, you'll see it that is extremely inferior, not a product the majority of bar owners would like to purchase and its significantly overpriced.]

--Very typical of Dave Graham to try to avert attention away from the issue at hand, by attacking our excellent product. Dave Graham ripped-off my company for $4,000. The product was not the issue, Dave Graham's lies and incompetence were.

[Mark Frank, if the story needs to be told, contacted David's former company, via an email. They conversed a few times, checked out their website and decided to put a deal together. There were a large amount of needs ShotLuge needed. They were provided with a constant updated list of clubs, their email addresses and phone numbers. They were given signage at the event, on the vehicles, banner space and several other items, too lengthy to list. The tour ran over 140 dates. About 45 of those dates were with one company, who owns multiple clubs, another 20 were with a single-owner company, another 10 with a single-owner company and 40 independents, sometimes repeated twice. Overall there were 60 companies they contacted. Out of those 60 companies, only 2 purchased their product, here is why.]

--We did not hire Dave Graham and Reality Bar Crawl to sell our product, we paid them thousands of dollars to promote it. Our contract states that RBC would take still photos and video footage of our product in use at each event. We were promised that photos and video would be supplied to us to put on our website. A very simple thing. To date we have never received even one photo or one second of videotape, despite continual requests.

We therefore have no evidence that our product was promoted at even one event, let alone the 140 dates Dave claims. Although below he says it was only 30? Our contract states ShotLuge will be included in all print advertising as a presenting sponsor of the Reality Bar CrawlLogos to be included in all flyers, posters, newspaper ads, etc Shotluge will be included in any and all publicity. A general press release will be sent out to various media, inclusive of radio stations, television stations, local newspapers, alternative weeklies and any other media outlets.

--Dave Graham would not supply copies of any such advertising or publicity, which confirms that they never did ANY! The contract continues Fathem will be collecting names/e-mail addresses from each person who enters the venue and will share this information from selected cities/venues. We never received even one name, again leading us to believe that Dave Graham never promoted our product.

[The product with shipping is over $400. Then the client has to purchase ice, this can range between $100 and $200 for the ice block and to have it carved. They also need these straws. A box of 200 straws is $75 (which is extremely overpriced). Overall for a bar to buy the product and use it once, its close to $750. To use it again its $200 to $300. A bar then has to use alcohol, hire someone to sell the shots and in end its not worth it.

--Only Dave Graham would pay $200 for a block of ice. If he listened to any of our conversations or read any of our literature, he would know that the average price for ice in the United States is $75 - $85. Even in L.A. we have three ice distributors that charge $50 - $60 (with the trails carved) plus $25 delivery.

--Dave Graham knows well that the consumer doesn't need these straws. Many prefer to put their mouths on the ice to get a shooter. We offer the only sanitary option for ice luge parties in the industry and these straws have been extremely popular and well received! They are made of an FDA approved plastic. We've never had even one person complain about the price. Who would, when the bars are selling shooters for $3 -$4 ea.

--Obviously Dave Graham cannot read, (or he's just lying again) as we sell cartons of 750 straws for $89 as clearly stated on our website. Dave writes in his rebuttal A bar then has to use alcohol and hire someone to sell the shots. In case he's not familiar with bars, most of them already have alcohol and bartenders.

--Our product has been featured in 5 national magazines in the US and Canada.

[The product was actually put on the road and brought to over 30 venues. It was demo'ed. However bar owners didn't respond to the product.]

--Again, we do not have even one piece of evidence that our product was ever taken to an event. Or that any of our banners were ever displayed at an event. If Dave Graham actually ever did demonstrate it, he would have supplied photos, video, some proof. But he didn't. Nothing.

--We were promised (as were Dave Graham and RBC's other clients) that our product would be included on a DVD, which was to be sold and also the feature of an MTV special. Our contract states:Each event on the Reality Bar Crawl is shot for DVD/Video. There are between one and two camera people per event shooting the entire night's event. All interaction with the ShotLuge product will be shot and profiled for the DVD/Video release, possible Internet promo and a copy of all ShotLuge footage will be provided to ShotLuge. Shotluge will be guaranteed inclusion on the Reality Bar Crawl DVD/Video series.

--Again, we never received any footage, breaching our contract in just one more way. In several lengthy conversations this month with the Editor hired by RBC to work on the DVD, he indicated that as the tour progressed, RBC gave up the idea of actually producing the DVD. They continued to pretend to tape the events, sometimes without any tape in the camera. They also continued to take money from sponsors to cover the cost of the production of the DVD. This is a very serious scam. Dave Graham and his RBC partner Russ Lowry have been accused of this in the past, as well, as can be seen on this and other sites.

[The sponsorship was for one tour and one tour only. ShotLuge via Mark Frank asked for the sponsorship to be extended. They paid for a one-tour sponsorship. They received a one-tour sponsorship. They wanted more. They wanted what they didn't pay for.]

--We wanted something for our money, besides frustrations and lies. Dave Graham breached our contract in multiple ways. Our suggestion was to put our logo on the RBC website for 6 months (since it was only up sporadically during the contract period, for some unknown reason), to compensate for the breach of contract. This would have been so easy for him to do and it would have cost him nothing. Instead he threatened us and invited the investigation that has (so far) turned up 27 people that have been hurt by Dave Graham and Reality Bar Crawl.

[Mark Frank is extremely unprofessional. He doesn't understand the basic principles of marketing. His product is far inferior. In over 10 years of business, you'd think the product would be successful, but it's not. Its too expensive. When the product was finally viewed , it was borderline embarrassing. It's a high-grade plastic, but thats it. It weighs over 50 lbs, has two black poles that hold it up, and a light source that goes around it. It looks like something a bunch of high school kids came up with in their garage.]

--10 years? If Dave Graham had paid any attention to us, his paying clients, he'd have known that our company was only 6 months old when we hired him. The first year of any business is critical and it's a shame we wasted time and money on Dave Graham.

--We are now two years old and fortunately our product has been very well received in the market. Never once have we been told by a potential consumer that our product is too expensive, as they realize it is a substantial moneymaker for bars!

--The product is highly engineered, to withstand 400 lbs., and by design, very simple to assemble and operate. We had computer generated finite element analysis performed for each component.

--We don't sell a light source. Two black poles? Obviously David Graham never used or promoted our product. It is very distasteful to have to defend our good product to such a liar! The public should beware that this could be your fate too, if you hire Dave Graham, now of Reality Xtreme Live.

[In regards to Mark Frank's personal jabs. David Graham left Reality Bar Crawl of his own accord. He left via a dispute with a talent coming to Spring Break. He knew his partners were suffocating the business, stealing every penny and worse were the shadiest business people you have ever met. The choice was his to leave, he was not fired, you cannot be fired from something you own (or thought you owned, you can on the other hand walk away, hence the seperation agreement. Russ Lowry was recently arrested in Dallas, TX for stealing a tour bus from Microsoft/Dell (Long Story).]

--First of all you didn't walk away you ran away! Separation agreement or not, Dave Graham is legally responsible for anything that took place prior to the date of that agreement, which includes the time frame of our contract.

--Dave Graham states here that he was the founder and co-owner of Reality Bar Crawl. Any actions or class actions we, as a group decide to take, will be against Dave Graham and the other owners personally.

--Secondly, I was just reporting what your RBC partner Russ Lowry told me. He said you disappeared (which we knew) and his attorneys were looking for you. Yes it's true that your RBC partners are as you stated, the shadiest people you've ever met. Apparently you learned a few things from them.

--Our contract was signed by Dave Graham. You were our only contact. We never talked to your partners until you left. Why did you disappear? Why did you not return phone calls or emails? You could have very easily made this situation right. But you didn't even try.

[Mark Frank has zero facts correct. David Graham spends 80% of his time on the road traveling, his parents are nice enough to store his belongings, receive his mail and care for his pets, while traveling. If someone spends over 300 days a year on the road what else should they do.]

--Who Cares!

[In regards to BMG (Bar Management Group). It was David's client prior a relationship with the other two principles in RBC. It was David's decision to drop BMG as a client, after finally telling its VP of Operations, he was tired of their lies, scamming money via booking events, cancelling them and then still charging the inflated door charge and making the talent look bad.]

--In a very lengthy conversation with The Bar Management Group principals, they paint a very poor picture of you and the way you mishandled their events.

[As far as anything past February, 2005. He was not prevy to any conversation. There are no "files" that are owed to RBC. David started RBC, he fostered it and unfortunately he found two of the worst people to do business with and the other partner company (BMG) was the worst to do business with.This is all in the past. Mark Frank needs to get over the name calling. If this was such a large issue, why did it take almost 14 months to make a post such as this.]

--Because I just found this site and the other similar sites, which contain postings from others that have been ripped-off by you and your partners. Because we wasted another 6 months being scammed by your RBC partner Russ Lowry who promised to correct the damage you had done. Because the police and FBI told me to hire an attorney, because my attorney had to talk to attorneys in both Nevada and Texas. (details follow).

[Also, in 11 months of doing business, there isn't a single complaint against my business practices. My company is 100% successful and we have clients in numerous states. We have sponsors, which we push via radio, flyers and other promotional means and they're receiving great responses, mostly because they have a superior, low-cost product that people actually want to buy.]

--So you've gone less than a year without anyone filing a complaint against you. Quite an achievement Dave.

--Quit slamming our good product! Anyone who reads this report will know that the issue wasn't our product, it was your lies and inability to deliver what you promised, per our written contract. If you're so successful than you'll have no trouble paying us for the product you took from us and refused to return, for some unknown reason.

--As noted above and below, I have your email, which states that you have two of the units in your possession. Why didn't you return them? You claim to suddenly be an honest businessman, then at least return or reimburse us for the three products. No more excuses. Just do it!

--And don't say there was nothing in our contract that said you had to return them. There was nothing in our contract which states that you could keep, or sell or whatever you did with them. It was clearly discussed and understood that at the end of the year the three units would be returned or sold, with the proceeds going to us, not to Dave Graham.

[In regards to use of the word filibuster. Any college degreed person can tell you its not an uncommon word. Try a course in Poly Sci 101 and you'll learn its meaning.]

--How mature and professional of you Dave.

[Lastly, please refrain from publishing the physical address of any family members of David Graham. Again, while its not illegal, its immoral, if someone has a problem with someone, then its to be discussed.]

--I will not discuss morals with anyone who has been involved with cheating so many people!

--I considered not listing your address, but I learned that there are other individuals and companies looking for you and thought I'd be helpful. As an example, it was a posting (with address) on your RBC partner Russ Lowry, that led to his apprehension, for the stolen tractor-trailer (and forgery and $20,000 extortion attempt, you mentioned above.

--The Dallas Police and Dallas FBI had not been able to locate him, but thanks to this site, they eventually found the stolen truck covered up in a field north of Dallas filled with stolen equipment.

--Your comment above: if someone has a problem with someone, then it's to be discussed. Are you kidding?! You ignored my phone calls and emails for months, during and after our contract period!!! How can I discuss something when you're hiding from all your dissatisfied clients and creditors? You run away from any complaints, rather than trying to work things out - which you very easily could have!

[Russ Lowry and Greg Heyne took 100% of your money. David Graham had zero control of finances, which any talent of Real World/Road Rules will tell you. He didn't tour beyond a few appearances after the 2nd tour. He was never in control of promotions or marketing, that was Russ Lowry, Greg Heyne and BMG.]

--More lies! We sent money directly to you. You took our money and you took our products. You claim you started the company and co-owned it, but you had zero control of the finances?

[Mark Frank needs to vent his frustrations at the people that deserve it. If Russ Lowry/Greg Heyne lied to you, strung you along for 6 months, take it up with them. Unfortunately, I had to be the person who did the paperwork and contract, but they received the benefits of it. If you're taking the word of a now-arrested person, then that is your choice.]

--My frustrations are mainly with Dave Graham! You were our only contact at RBC. You signed our contract and you alone breached it! As usual, you try to put the blame on someone else! That's all we heard when we worked with you: It's the bars fault, it's the talents fault, it's the web guy's fault, it's my partners fault.

--We would not have had to talk to your partner, if you hadn't taken our money and product and left. It's time for you to take some responsibility for yourself and return or at least reimburse us for the product that you either have (at your own admission) or sold. As noted below, this is apparently an ongoing RBC scam - take product from your clients and not return it.

[Also, Mark Frank puts in the responses of David Graham, but leaves out his accusations and threats. They were very unprofessional and extremely slanderous.]

--Again, Dave graham can try to shift attention away from him with sentences like the above, but anyone reading his rebuttals will see through the BS. The truth is not slander! As you well know, you breached our contract and then disappeared. I could not reach you by any means for months until you responded to the email in which I wrote If we don't hear from you we will contact the Better Business Bureau. You consider that a threat? Here was your response, which IS a threat:

["If [you] feel the urgency to report Reality Bar Crawl to the Better Business Bureau that is its prerogative. Reality Bar Crawl is not a member of the bureau and Reality Bar Crawl will respond with a nuisance claim against [your company] as it is creating a filibuster in order to defame the name of Reality Bar Crawl. If [your company] files suit against Reality Bar Crawl, Reality Bar Crawl will have no choice then to respond accordingly. Reality Bar Crawl will also file suit against [your company] for libel and slander. Also, it will use to the best of its ability its national television commercials, national television show, DVD series, calendar, over 100 live events planned for Spring \'05 to give its honest and fair opinion only that [your company] is not a company to do business."]

--Did you forget that this same email goes on to promise us the following: Reality Bar Crawl will make a one-time offer in order to satisfy the contract. The offer is as follows: - Reality Bar Crawl is willing to share its contacts for both the Fall '04 tour, which you already have the majority of contact information for, and for the Spring '05 tour. - Reality Bar Crawl is also willing to share its corporate contact information for companies like Dave & Busters, JDC Sports (formerly Jillian's), Bar Management Group and Banana Joe's, which combined own over 250 locations across the country. - Reality Bar Crawl will provide contact information for National Lampoon's Marketing/Sponsorship Department, but it does not feel at this time that they will be effective in meeting your needs.]

--As usual, we received none of the above. Not one thing! How can you explain that? It would have taken no time and not cost a dime.

--Did you also forget this email from you, dated 2/19/05:The ShotLuge's will be returned on Sunday, February 27th as requested. Only two of the ShotLuge's are in the Reality Bar Crawl possession.

--You have them, where are they? Are they in Henderson? Why haven't you returned them? Who are you going to blame now? It is your responsibly to make this right.

[Good luck in your future endeavors, you sincerely need them. Please do not bother him again with another post.]

--You disappear for over a year with our money and products and I'm bothering you?! We did not deserve to be treated like this!

[Sincerely,David - Henderson, Nevada U.S.A.]

--Since posting my initial report, I have been contacted my numerous people who have been damaged by Dave Graham, Russ Lowry, Greg Heyne, Reality Bar Crawl and Fathem Entertainment.

--As it's more difficult to get money back from two people with no assets, I concentrated on the three stolen products valued at $1,200. Dave Graham's email (reprinted above) confirms that two of them are in his possession. Russ Lowry eventually located the third (per his email) and has it at his house, but has never sent it. The Dallas police suggested I sue all of you to get them back, but then they realized they may be on the stolen tuck, along with tens of thousands of dollars in lighting and stage equipment and other stolen goods.

--The Dallas Police and the District Attorney already had a number of complaints on file against Reality Bar Crawl and it's three owners and they were glad to have more information. They even told me the date and time they planned to pick up Russ Lowry.

--The Dallas Police asked me to contact the Dallas FBI, as they were also investigating the stolen truck (from South Carolina) and equipment which has crossed over state lines. The FBI was particularly interested in the three partners of Reality Bar crawl as they already had a database of complaints from the last year.

--The FBI asked me (and three other individuals that I am aware of) to compile a database of others who had been harmed by Dave Graham, Russ Lowry and Greg Heyne. I filed a 5 page report with the Cleveland FBI and Dallas FBI (including the threats against our company) and they forwarded it to the Las Vegas FBI.

--They will forward it to the Dallas Police Department, the Dallas District Attorney and the Las Vegas Police Department. They asked me to update the reports as more information surfaced, which it already has.

--I made it very clear to the FBI that I could not confirm each report of abuse as I had received the information (much of it very detailed) second hand. I suggested that they contact each person individually. I only gave them names of the people for which I had contact information.

--To date I have an incredible 27 individuals and companies that have been damaged by Dave Graham, Russ Lowry, Gregg Heyne, Reality Bar Crawl (RBC) and Fathem Entertainment, for the following:

Breach of contracts
Theft of money
Fraud
Extortion
Lies
Tax evasion
Forgery
Threats
One death threat received by email
Credit card fraud
Identity theft
Intimidation
Money owed to employees and contractors
Unreturned deposits to clubs
Stolen lighting and stage equipment
Stolen camera equipment
Stolen products
Stolen truck
Using video and photos of people without their written permission for National Lampoon.
Using music on a video for National Lampoon, without written permission.
Using stolen photos for the National Lampoon Reality Xtreme 2006 Wall Calendar.

--I knew they were poor businessmen and dishonest, but I never expected all of this. Dave Graham will blame everything on his partners, but as he noted above, he started Reality Bar Crawl and he needs to take responsibility for at least his own actions. Not just run away and start over again under a new name.

--Many of the victims are former clients and employees and many agreed to my publishing their names and specifics here. As Dave Graham has proven to be so low as to unjustly attack our product (to draw attention away from his abuses) I will not give him the same opportunity to print lies about other innocent people and their products. I will, however provide all information to interested parties (as many have done for me).

--All 27 individuals and companies have been reported in some detail to the FBI, so any interested law enforcement agencies can contact them. Twenty-seven!

Sponsors:
My company lost $4,000 in cash, marketing materials and product.
Another claims they were ripped off for $5 6,000 in cash and products.
Another claims $60,000 in wasted sponsorship and unreturned product.
(The FBI specifically noticed this pattern of abuse RBC keeping sponsors products)
Another sited $40 50,000 in stolen camera equipment, plus $10,000 in cash for a product which was never produced.
I'm waiting for confirmation from another who I'm told was also ripped-off.

One former employee claims $10,000 in stolen equipment.

Camera Crew money owed
Bus Drivers money owed
Road Managers money owed
Talent money owed
Coach Company money owed

Two Clubs RBC no show and would not return deposit

--Several of the companies I talked to are in discussions with their Attorneys regarding lawsuits and injunctions. They are currently running asset searches on each of the (RBC) partners and are encouraged by the volume of new information and history of abuses by these three, which would be helpful in any class action.

--I'll keep updating these postings as people continue to contact me. If Dave Graham decides to correct the wrongs to our company, I'll submit a posting to that effect.

--Dave Graham is currently with Reality Xtreme Live, a sole proprietorship in Henderson, NV.


Mark

Cleveland,
Ohio,
U.S.A.

Dave Graham: More Lies, Police and FBI Investigations, New Frauds Uncovered, 27 people Can't Be Wrong!

#7REBUTTAL Owner of company

Fri, February 03, 2006

I've addressed each of Dave Graham's lies from his rebuttal. Dave Graham's rebuttal is noted below in [parenthesis]. My responses start with --.

Dave Graham spent more time writing his fictitious rebuttal than he did promoting our product over the period of our contract.

[Rebuttal REBUTTAL Individual respondsSubmitted: 1/9/2006 9:40:35 PM Modified: 1/9/2006 9:40:35 PM
Mark Frank's Inferior Product ShotLuge.com]

[A client of mine passed this website on to me in order to safeguard me against any future posts. I wasn't quite sure what these type of sites were, but upon reading other posts, I realize its a way for people to vent their frustrations, without legal recourse.]

--Very interesting that your (David Graham's) current clients are doing searches on Dave Graham on ripoffreport .com.

[In regards to Mark Frank of Cleveland, OH and his company ShotLuge. David Graham had the unfortunate experience of working with ShotLuge for a short time. Its a product, which sounds absolutely great in theory, but once you view the actual product, you'll see it that is extremely inferior, not a product the majority of bar owners would like to purchase and its significantly overpriced.]

--Very typical of Dave Graham to try to avert attention away from the issue at hand, by attacking our excellent product. Dave Graham ripped-off my company for $4,000. The product was not the issue, Dave Graham's lies and incompetence were.

[Mark Frank, if the story needs to be told, contacted David's former company, via an email. They conversed a few times, checked out their website and decided to put a deal together. There were a large amount of needs ShotLuge needed. They were provided with a constant updated list of clubs, their email addresses and phone numbers. They were given signage at the event, on the vehicles, banner space and several other items, too lengthy to list. The tour ran over 140 dates. About 45 of those dates were with one company, who owns multiple clubs, another 20 were with a single-owner company, another 10 with a single-owner company and 40 independents, sometimes repeated twice. Overall there were 60 companies they contacted. Out of those 60 companies, only 2 purchased their product, here is why.]

--We did not hire Dave Graham and Reality Bar Crawl to sell our product, we paid them thousands of dollars to promote it. Our contract states that RBC would take still photos and video footage of our product in use at each event. We were promised that photos and video would be supplied to us to put on our website. A very simple thing. To date we have never received even one photo or one second of videotape, despite continual requests.

We therefore have no evidence that our product was promoted at even one event, let alone the 140 dates Dave claims. Although below he says it was only 30? Our contract states ShotLuge will be included in all print advertising as a presenting sponsor of the Reality Bar CrawlLogos to be included in all flyers, posters, newspaper ads, etc Shotluge will be included in any and all publicity. A general press release will be sent out to various media, inclusive of radio stations, television stations, local newspapers, alternative weeklies and any other media outlets.

--Dave Graham would not supply copies of any such advertising or publicity, which confirms that they never did ANY! The contract continues Fathem will be collecting names/e-mail addresses from each person who enters the venue and will share this information from selected cities/venues. We never received even one name, again leading us to believe that Dave Graham never promoted our product.

[The product with shipping is over $400. Then the client has to purchase ice, this can range between $100 and $200 for the ice block and to have it carved. They also need these straws. A box of 200 straws is $75 (which is extremely overpriced). Overall for a bar to buy the product and use it once, its close to $750. To use it again its $200 to $300. A bar then has to use alcohol, hire someone to sell the shots and in end its not worth it.

--Only Dave Graham would pay $200 for a block of ice. If he listened to any of our conversations or read any of our literature, he would know that the average price for ice in the United States is $75 - $85. Even in L.A. we have three ice distributors that charge $50 - $60 (with the trails carved) plus $25 delivery.

--Dave Graham knows well that the consumer doesn't need these straws. Many prefer to put their mouths on the ice to get a shooter. We offer the only sanitary option for ice luge parties in the industry and these straws have been extremely popular and well received! They are made of an FDA approved plastic. We've never had even one person complain about the price. Who would, when the bars are selling shooters for $3 -$4 ea.

--Obviously Dave Graham cannot read, (or he's just lying again) as we sell cartons of 750 straws for $89 as clearly stated on our website. Dave writes in his rebuttal A bar then has to use alcohol and hire someone to sell the shots. In case he's not familiar with bars, most of them already have alcohol and bartenders.

--Our product has been featured in 5 national magazines in the US and Canada.

[The product was actually put on the road and brought to over 30 venues. It was demo'ed. However bar owners didn't respond to the product.]

--Again, we do not have even one piece of evidence that our product was ever taken to an event. Or that any of our banners were ever displayed at an event. If Dave Graham actually ever did demonstrate it, he would have supplied photos, video, some proof. But he didn't. Nothing.

--We were promised (as were Dave Graham and RBC's other clients) that our product would be included on a DVD, which was to be sold and also the feature of an MTV special. Our contract states:Each event on the Reality Bar Crawl is shot for DVD/Video. There are between one and two camera people per event shooting the entire night's event. All interaction with the ShotLuge product will be shot and profiled for the DVD/Video release, possible Internet promo and a copy of all ShotLuge footage will be provided to ShotLuge. Shotluge will be guaranteed inclusion on the Reality Bar Crawl DVD/Video series.

--Again, we never received any footage, breaching our contract in just one more way. In several lengthy conversations this month with the Editor hired by RBC to work on the DVD, he indicated that as the tour progressed, RBC gave up the idea of actually producing the DVD. They continued to pretend to tape the events, sometimes without any tape in the camera. They also continued to take money from sponsors to cover the cost of the production of the DVD. This is a very serious scam. Dave Graham and his RBC partner Russ Lowry have been accused of this in the past, as well, as can be seen on this and other sites.

[The sponsorship was for one tour and one tour only. ShotLuge via Mark Frank asked for the sponsorship to be extended. They paid for a one-tour sponsorship. They received a one-tour sponsorship. They wanted more. They wanted what they didn't pay for.]

--We wanted something for our money, besides frustrations and lies. Dave Graham breached our contract in multiple ways. Our suggestion was to put our logo on the RBC website for 6 months (since it was only up sporadically during the contract period, for some unknown reason), to compensate for the breach of contract. This would have been so easy for him to do and it would have cost him nothing. Instead he threatened us and invited the investigation that has (so far) turned up 27 people that have been hurt by Dave Graham and Reality Bar Crawl.

[Mark Frank is extremely unprofessional. He doesn't understand the basic principles of marketing. His product is far inferior. In over 10 years of business, you'd think the product would be successful, but it's not. Its too expensive. When the product was finally viewed , it was borderline embarrassing. It's a high-grade plastic, but thats it. It weighs over 50 lbs, has two black poles that hold it up, and a light source that goes around it. It looks like something a bunch of high school kids came up with in their garage.]

--10 years? If Dave Graham had paid any attention to us, his paying clients, he'd have known that our company was only 6 months old when we hired him. The first year of any business is critical and it's a shame we wasted time and money on Dave Graham.

--We are now two years old and fortunately our product has been very well received in the market. Never once have we been told by a potential consumer that our product is too expensive, as they realize it is a substantial moneymaker for bars!

--The product is highly engineered, to withstand 400 lbs., and by design, very simple to assemble and operate. We had computer generated finite element analysis performed for each component.

--We don't sell a light source. Two black poles? Obviously David Graham never used or promoted our product. It is very distasteful to have to defend our good product to such a liar! The public should beware that this could be your fate too, if you hire Dave Graham, now of Reality Xtreme Live.

[In regards to Mark Frank's personal jabs. David Graham left Reality Bar Crawl of his own accord. He left via a dispute with a talent coming to Spring Break. He knew his partners were suffocating the business, stealing every penny and worse were the shadiest business people you have ever met. The choice was his to leave, he was not fired, you cannot be fired from something you own (or thought you owned, you can on the other hand walk away, hence the seperation agreement. Russ Lowry was recently arrested in Dallas, TX for stealing a tour bus from Microsoft/Dell (Long Story).]

--First of all you didn't walk away you ran away! Separation agreement or not, Dave Graham is legally responsible for anything that took place prior to the date of that agreement, which includes the time frame of our contract.

--Dave Graham states here that he was the founder and co-owner of Reality Bar Crawl. Any actions or class actions we, as a group decide to take, will be against Dave Graham and the other owners personally.

--Secondly, I was just reporting what your RBC partner Russ Lowry told me. He said you disappeared (which we knew) and his attorneys were looking for you. Yes it's true that your RBC partners are as you stated, the shadiest people you've ever met. Apparently you learned a few things from them.

--Our contract was signed by Dave Graham. You were our only contact. We never talked to your partners until you left. Why did you disappear? Why did you not return phone calls or emails? You could have very easily made this situation right. But you didn't even try.

[Mark Frank has zero facts correct. David Graham spends 80% of his time on the road traveling, his parents are nice enough to store his belongings, receive his mail and care for his pets, while traveling. If someone spends over 300 days a year on the road what else should they do.]

--Who Cares!

[In regards to BMG (Bar Management Group). It was David's client prior a relationship with the other two principles in RBC. It was David's decision to drop BMG as a client, after finally telling its VP of Operations, he was tired of their lies, scamming money via booking events, cancelling them and then still charging the inflated door charge and making the talent look bad.]

--In a very lengthy conversation with The Bar Management Group principals, they paint a very poor picture of you and the way you mishandled their events.

[As far as anything past February, 2005. He was not prevy to any conversation. There are no "files" that are owed to RBC. David started RBC, he fostered it and unfortunately he found two of the worst people to do business with and the other partner company (BMG) was the worst to do business with.This is all in the past. Mark Frank needs to get over the name calling. If this was such a large issue, why did it take almost 14 months to make a post such as this.]

--Because I just found this site and the other similar sites, which contain postings from others that have been ripped-off by you and your partners. Because we wasted another 6 months being scammed by your RBC partner Russ Lowry who promised to correct the damage you had done. Because the police and FBI told me to hire an attorney, because my attorney had to talk to attorneys in both Nevada and Texas. (details follow).

[Also, in 11 months of doing business, there isn't a single complaint against my business practices. My company is 100% successful and we have clients in numerous states. We have sponsors, which we push via radio, flyers and other promotional means and they're receiving great responses, mostly because they have a superior, low-cost product that people actually want to buy.]

--So you've gone less than a year without anyone filing a complaint against you. Quite an achievement Dave.

--Quit slamming our good product! Anyone who reads this report will know that the issue wasn't our product, it was your lies and inability to deliver what you promised, per our written contract. If you're so successful than you'll have no trouble paying us for the product you took from us and refused to return, for some unknown reason.

--As noted above and below, I have your email, which states that you have two of the units in your possession. Why didn't you return them? You claim to suddenly be an honest businessman, then at least return or reimburse us for the three products. No more excuses. Just do it!

--And don't say there was nothing in our contract that said you had to return them. There was nothing in our contract which states that you could keep, or sell or whatever you did with them. It was clearly discussed and understood that at the end of the year the three units would be returned or sold, with the proceeds going to us, not to Dave Graham.

[In regards to use of the word filibuster. Any college degreed person can tell you its not an uncommon word. Try a course in Poly Sci 101 and you'll learn its meaning.]

--How mature and professional of you Dave.

[Lastly, please refrain from publishing the physical address of any family members of David Graham. Again, while its not illegal, its immoral, if someone has a problem with someone, then its to be discussed.]

--I will not discuss morals with anyone who has been involved with cheating so many people!

--I considered not listing your address, but I learned that there are other individuals and companies looking for you and thought I'd be helpful. As an example, it was a posting (with address) on your RBC partner Russ Lowry, that led to his apprehension, for the stolen tractor-trailer (and forgery and $20,000 extortion attempt, you mentioned above.

--The Dallas Police and Dallas FBI had not been able to locate him, but thanks to this site, they eventually found the stolen truck covered up in a field north of Dallas filled with stolen equipment.

--Your comment above: if someone has a problem with someone, then it's to be discussed. Are you kidding?! You ignored my phone calls and emails for months, during and after our contract period!!! How can I discuss something when you're hiding from all your dissatisfied clients and creditors? You run away from any complaints, rather than trying to work things out - which you very easily could have!

[Russ Lowry and Greg Heyne took 100% of your money. David Graham had zero control of finances, which any talent of Real World/Road Rules will tell you. He didn't tour beyond a few appearances after the 2nd tour. He was never in control of promotions or marketing, that was Russ Lowry, Greg Heyne and BMG.]

--More lies! We sent money directly to you. You took our money and you took our products. You claim you started the company and co-owned it, but you had zero control of the finances?

[Mark Frank needs to vent his frustrations at the people that deserve it. If Russ Lowry/Greg Heyne lied to you, strung you along for 6 months, take it up with them. Unfortunately, I had to be the person who did the paperwork and contract, but they received the benefits of it. If you're taking the word of a now-arrested person, then that is your choice.]

--My frustrations are mainly with Dave Graham! You were our only contact at RBC. You signed our contract and you alone breached it! As usual, you try to put the blame on someone else! That's all we heard when we worked with you: It's the bars fault, it's the talents fault, it's the web guy's fault, it's my partners fault.

--We would not have had to talk to your partner, if you hadn't taken our money and product and left. It's time for you to take some responsibility for yourself and return or at least reimburse us for the product that you either have (at your own admission) or sold. As noted below, this is apparently an ongoing RBC scam - take product from your clients and not return it.

[Also, Mark Frank puts in the responses of David Graham, but leaves out his accusations and threats. They were very unprofessional and extremely slanderous.]

--Again, Dave graham can try to shift attention away from him with sentences like the above, but anyone reading his rebuttals will see through the BS. The truth is not slander! As you well know, you breached our contract and then disappeared. I could not reach you by any means for months until you responded to the email in which I wrote If we don't hear from you we will contact the Better Business Bureau. You consider that a threat? Here was your response, which IS a threat:

["If [you] feel the urgency to report Reality Bar Crawl to the Better Business Bureau that is its prerogative. Reality Bar Crawl is not a member of the bureau and Reality Bar Crawl will respond with a nuisance claim against [your company] as it is creating a filibuster in order to defame the name of Reality Bar Crawl. If [your company] files suit against Reality Bar Crawl, Reality Bar Crawl will have no choice then to respond accordingly. Reality Bar Crawl will also file suit against [your company] for libel and slander. Also, it will use to the best of its ability its national television commercials, national television show, DVD series, calendar, over 100 live events planned for Spring \'05 to give its honest and fair opinion only that [your company] is not a company to do business."]

--Did you forget that this same email goes on to promise us the following: Reality Bar Crawl will make a one-time offer in order to satisfy the contract. The offer is as follows: - Reality Bar Crawl is willing to share its contacts for both the Fall '04 tour, which you already have the majority of contact information for, and for the Spring '05 tour. - Reality Bar Crawl is also willing to share its corporate contact information for companies like Dave & Busters, JDC Sports (formerly Jillian's), Bar Management Group and Banana Joe's, which combined own over 250 locations across the country. - Reality Bar Crawl will provide contact information for National Lampoon's Marketing/Sponsorship Department, but it does not feel at this time that they will be effective in meeting your needs.]

--As usual, we received none of the above. Not one thing! How can you explain that? It would have taken no time and not cost a dime.

--Did you also forget this email from you, dated 2/19/05:The ShotLuge's will be returned on Sunday, February 27th as requested. Only two of the ShotLuge's are in the Reality Bar Crawl possession.

--You have them, where are they? Are they in Henderson? Why haven't you returned them? Who are you going to blame now? It is your responsibly to make this right.

[Good luck in your future endeavors, you sincerely need them. Please do not bother him again with another post.]

--You disappear for over a year with our money and products and I'm bothering you?! We did not deserve to be treated like this!

[Sincerely,David - Henderson, Nevada U.S.A.]

--Since posting my initial report, I have been contacted my numerous people who have been damaged by Dave Graham, Russ Lowry, Greg Heyne, Reality Bar Crawl and Fathem Entertainment.

--As it's more difficult to get money back from two people with no assets, I concentrated on the three stolen products valued at $1,200. Dave Graham's email (reprinted above) confirms that two of them are in his possession. Russ Lowry eventually located the third (per his email) and has it at his house, but has never sent it. The Dallas police suggested I sue all of you to get them back, but then they realized they may be on the stolen tuck, along with tens of thousands of dollars in lighting and stage equipment and other stolen goods.

--The Dallas Police and the District Attorney already had a number of complaints on file against Reality Bar Crawl and it's three owners and they were glad to have more information. They even told me the date and time they planned to pick up Russ Lowry.

--The Dallas Police asked me to contact the Dallas FBI, as they were also investigating the stolen truck (from South Carolina) and equipment which has crossed over state lines. The FBI was particularly interested in the three partners of Reality Bar crawl as they already had a database of complaints from the last year.

--The FBI asked me (and three other individuals that I am aware of) to compile a database of others who had been harmed by Dave Graham, Russ Lowry and Greg Heyne. I filed a 5 page report with the Cleveland FBI and Dallas FBI (including the threats against our company) and they forwarded it to the Las Vegas FBI.

--They will forward it to the Dallas Police Department, the Dallas District Attorney and the Las Vegas Police Department. They asked me to update the reports as more information surfaced, which it already has.

--I made it very clear to the FBI that I could not confirm each report of abuse as I had received the information (much of it very detailed) second hand. I suggested that they contact each person individually. I only gave them names of the people for which I had contact information.

--To date I have an incredible 27 individuals and companies that have been damaged by Dave Graham, Russ Lowry, Gregg Heyne, Reality Bar Crawl (RBC) and Fathem Entertainment, for the following:

Breach of contracts
Theft of money
Fraud
Extortion
Lies
Tax evasion
Forgery
Threats
One death threat received by email
Credit card fraud
Identity theft
Intimidation
Money owed to employees and contractors
Unreturned deposits to clubs
Stolen lighting and stage equipment
Stolen camera equipment
Stolen products
Stolen truck
Using video and photos of people without their written permission for National Lampoon.
Using music on a video for National Lampoon, without written permission.
Using stolen photos for the National Lampoon Reality Xtreme 2006 Wall Calendar.

--I knew they were poor businessmen and dishonest, but I never expected all of this. Dave Graham will blame everything on his partners, but as he noted above, he started Reality Bar Crawl and he needs to take responsibility for at least his own actions. Not just run away and start over again under a new name.

--Many of the victims are former clients and employees and many agreed to my publishing their names and specifics here. As Dave Graham has proven to be so low as to unjustly attack our product (to draw attention away from his abuses) I will not give him the same opportunity to print lies about other innocent people and their products. I will, however provide all information to interested parties (as many have done for me).

--All 27 individuals and companies have been reported in some detail to the FBI, so any interested law enforcement agencies can contact them. Twenty-seven!

Sponsors:
My company lost $4,000 in cash, marketing materials and product.
Another claims they were ripped off for $5 6,000 in cash and products.
Another claims $60,000 in wasted sponsorship and unreturned product.
(The FBI specifically noticed this pattern of abuse RBC keeping sponsors products)
Another sited $40 50,000 in stolen camera equipment, plus $10,000 in cash for a product which was never produced.
I'm waiting for confirmation from another who I'm told was also ripped-off.

One former employee claims $10,000 in stolen equipment.

Camera Crew money owed
Bus Drivers money owed
Road Managers money owed
Talent money owed
Coach Company money owed

Two Clubs RBC no show and would not return deposit

--Several of the companies I talked to are in discussions with their Attorneys regarding lawsuits and injunctions. They are currently running asset searches on each of the (RBC) partners and are encouraged by the volume of new information and history of abuses by these three, which would be helpful in any class action.

--I'll keep updating these postings as people continue to contact me. If Dave Graham decides to correct the wrongs to our company, I'll submit a posting to that effect.

--Dave Graham is currently with Reality Xtreme Live, a sole proprietorship in Henderson, NV.


David

Henderson,
Nevada,
U.S.A.

Mark Frank's Inferior Product ShotLuge.com

#7REBUTTAL Individual responds

Tue, January 10, 2006

A client of mine passed this website on to me in order to safeguard me against any future posts. I wasn't quite sure what these type of sites were, but upon reading other posts, I realize its a way for people to vent their frustrations, without legal recourse.

In regards to Mark Frank of Cleveland, OH and his company ShotLuge. David Graham had the unfortunate experience of working with ShotLuge for a short time. Its a product, which sounds absolutely great in theory, but once you view the actual product, you'll see it that is extremely inferior, not a product the majority of bar owners would like to purchase and its significantly overpriced.

Mark Frank, if the story needs to be told, contacted David's former company, via an email. They conversed a few times, checked out their website and decided to put a deal together. There were a large amount of needs ShotLuge needed. They were provided with a constant updated list of clubs, their email addresses and phone numbers. They were given signage at the event, on the vehicles, banner space and several other items, too lengthy to list.

The tour ran over 140 dates. About 45 of those dates were with one company, who owns multiple clubs, another 20 were with a single-owner company, another 10 with a single-owner company and 40 independents, sometimes repeated twice. Overall there were 60 companies they contacted. Out of those 60 companies, only 2 purchased their product, here is why.

The product with shipping is over $400. Then the client has to purchase ice, this can range between $100 and $200 for the ice block and to have it carved. They also need these straws. A box of 200 straws is $75 (which is extremely overpriced). Overall for a bar to buy the product and use it once, its close to $750. To use it again its $200 to $300. A bar then has to use alcohol, hire someone to sell the shots and in end its not worth it.

The product was actually put on the road and brought to over 30 venues. It was demo'ed. However bar owners didn't respond to the product.

The sponsorship was for one tour and one tour only. ShotLuge via Mark Frank asked for the sponsorship to be extended. They paid for a one-tour sponsorship. They received a one-tour sponsorship. They wanted more. They wanted what they didn't pay for.

Mark Frank is extremely unprofessional. He doesn't understand the basic principles of marketing. His product is far inferior. In over 10 years of business, you'd think the product would be successful, but it's not. Its too expensive. When the product was finally viewed , it was borderline embarrassing. It's a high-grade plastic, but thats it. It weighs over 50 lbs, has two black poles that hold it up, and a light source that goes around it. It looks like something a bunch of high school kids came up with in their garage.

In regards to Mark Frank's personal jabs. David Graham left Reality Bar Crawl of his own accord. He left via a dispute with a talent coming to Spring Break. He knew his partners were suffocating the business, stealing every penny and worse were the shadiest business people you have ever met. The choice was his to leave, he was not fired, you cannot be fired from something you own (or thought you owned, you can on the other hand walk away, hence the seperation agreement. Russ Lowry was recently arrested in Dallas, TX for stealing a tour bus from Microsoft/Dell (Long Story).

Mark Frank has zero facts correct. David Graham spends 80% of his time on the road traveling, his parents are nice enough to store his belongings, receive his mail and care for his pets, while traveling. If someone spends over 300 days a year on the road what else should they do.

In regards to BMG (Bar Management Group). It was David's client prior a relationship with the other two principles in RBC. It was David's decision to drop BMG as a client, after finally telling its VP of Operations, he was tired of their lies, scamming money via booking events, cancelling them and then still charging the inflated door charge and making the talent look bad.

As far as anything past February, 2005. He was not prevy to any conversation. There are no "files" that are owed to RBC. David started RBC, he fostered it and unfortunately he found two of the worst people to do business with and the other partner company (BMG) was the worst to do business with.

This is all in the past. Mark Frank needs to get over the name calling. If this was such a large issue, why did it take almost 14 months to make a post such as this.

Also, in 11 months of doing business, there isn't a single complaint against my business practices. My company is 100% successful and we have clients in numerous states. We have sponsors, which we push via radio, flyers and other promotional means and they're receiving great responses, mostly because they have a superior, low-cost product that people actually want to buy.

In regards to use of the word filibuster. Any college degreed person can tell you its not an uncommon word. Try a course in Poly Sci 101 and you'll learn its meaning.

Lastly, please refrain from publishing the physical address of any family members of David Graham. Again, while its not illegal, its immoral, if someone has a problem with someone, then its to be discussed.

Russ Lowry and Greg Heyne took 100% of your money. David Graham had zero control of finances, which any talent of Real World/Road Rules will tell you. He didn't tour beyond a few appearances after the 2nd tour. He was never in control of promotions or marketing, that was Russ Lowry, Greg Heyne and BMG.

Mark Frank needs to vent his frustrations at the people that deserve it. If Russ Lowry/Greg Heyne lied to you, strung you along for 6 months, take it up with them. Unfortunately, I had to be the person who did the paperwork and contract, but they received the benefits of it. If you're taking the word of a now-arrested person, then that is your choice.

Also, Mark Frank puts in the responses of David Graham, but leaves out his accusations and threats. They were very unprofessional and extremely slanderous.

Good luck in your future endeavors, you sincerely need them. Please do not bother him again with another post.

Sincerely,

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