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Saturday, November 17 2018 @ 11:11 PM UTC

Court Orders Against Aeropost Piling Up - Miami Judge Rules Against

Internet Shopping and Mail Forwarding By DON WINNER for Panama-Guide.com - The judge in the 11th Judicial Circuit in Miami-Dade County, Florida, ruled against Aeropost and in favor of Airbox Express (Aerocasillas) in an all day hearing held last Tuesday, 24 November 2009. According to Luis Delgado, one of the the lawyers representing Airbox Express (Aerocasillas) in the this case in Miami, "the other side stipulated they would no longer use the list of Airbox's clients," and the judge in the case accepted that stipulation. According to Delgado, the judge sternly warned Aeropost he would hold them to that stipulation, and he would be prepared to slap them with hefty fines and penalties if he learned they had continued to use the client list. That happened on Tuesday. Then, this morning I received an email from a member of the English speaking community of expatriates living in Panama, which said in part:
  • "I recently received this letter from AeroPost, which confuses me considerably. I am located in Changuinola, have no idea where Sky Plaza, Costa del Este is located, and now I am being told that I can pick up my two packages at this some where location My contract for this package forwarding operation was only with Air Box, knowing nothing and the contract does not show the name AeroPost." (more)

Still At It: Aeropost sent a bill to this client on Wednesday morning, 25 November 2009, the day after the judge in Miami ruled against them. What's more, on 11 November 2009 a judge in Panama also ruled against Aeropost, and that order specifically said "6. Abstain from contacting either directly or indirectly the clients what appear on the list of clients of Aerocasillas S.A. and/or Airbox Express, meaning the accompanying list of clients, with their respective affiliation numbers."

Ignoring Two Judges: So, what does this mean? Obviously, Aeropost is continuing to directly contact Airbox Express (Aerocasillas) customers, who they are trying to steal. They sent a bill to this guy in Panama - actually it was a "monthly account statement" - saying that he owes them money, and giving him instructions on how and were he can pick up his packages (that he contracted Airbox to deliver, not Aeropost), together with instructions on how to pay. Through their own actions, Aeropost on 25 November 2009 is simply saying that they now consider this Airbox customer to be theirs, in spite of the fact that judges in both Miami and Panama have ordered them to cease and desist.

Jeff Duchesneau - Freaky, Scary, Or Way Too Happy - Take Your Pick

What The Hell Is Wrong With These Guys? I'm still waiting for a copy of the court transcript from the hearing last Tuesday, but from what I've been told I'm getting under their skin. That gonk Jeff Duchesneau was at the hearing (photo above) and he was whining to the judge that "Airbox has hired some blogger in Panama" to say a whole bunch of mean things about them. That would be me. In response I would say that the truth is the ultimate defense. If these scumbags from Aeropost had not come ripping into Panama in a ruthless display of outright arrogance and an "I can do whatever the hell I want attitude" then it would be just business as usual, and most likely I would not have even noticed. However, to continue to insist on contacting Airbox's customers directly in direct violation of two court orders is, in a word, nuts. And who are the lunatics behind this operation? James Fendell in Miami is the primary operator behind Aeropost, a company that is 60% owned by John Keith and and the Promerica Bank. What's more, when they tried to start up their operation in Panama, inspectors from the Panamanian prosecutor's office determined that they are operating illegally, that they did not have proper commercial licenses to run any kind of a business. What's more, neither did they have the proper courier licenses required in Panama to run this specific type of a business, and those licenses are much harder to obtain. It seems to me like these guys are conducting themselves in a matter befitting the definition of "crazy" - in that they continue to do the same thing over and over again, expecting a different result. Eventually I expect the judges in both Panama and Miami will slap them with hefty fines, and in the long haul Airbox will eventually win a large civil suit against James Fendell, Aeropost, John Keith, and the Promerica Bank.

Criminal Actions Pending: In Panama there are also some undefined criminal actions pending as well. I don't have all the details yet, probably by design, but from what I understand it's coming soon. I'm hoping to be able to get the pictures when the cuffs are slapped on somebody. Work permits, anyone? Immigration? MICI? There are all kinds of possibilities, because these guys are breaking all kinds of law and rules, blatantly, and apparently with total disregard for Panamanian law.

In The Mean Time: About 85% of Airbox's customers were Panamanians and only about 15% gringos. I say "were" because thanks to this pirate action by Aeropost many of their customers have simply left due to the confusion and conflict - Aeropost has caused a huge amount of damage. If you are or were Airbox customer and if Aeropost contacted you in any way after 11 November 2009, then Aeropost is in direct violation of the Panamanian court order. If you are or were an Airbox customer and Aeropost contacted you in any way after 25 November 2009, then they are direct violation of the Miami court order. I would most certainly love to hear about it if they did. Please send me copies of any correspondence or email you've received from Aeropost after 11 November 2009, and I'll forward them to the lawyers both in Panama and Miami.

Well Planned, Poorly Executed: According to the Public Registry of Panama, a company called "AEROPOST HOLDING INC." was created on 4 April 2008, whose officers are President, James Davidson Fendell, Vice President Eliza Fendell, Treasurer Fred Joseph Goldner, Secretary Dino Nasi, and Spokesperson Jeffery Duscheneau. Another company called "AEROPOST DE PANAMA, S.A." was created on 5 October 2009 whose officers are President Jeffery Duchesneau, Treasurer Fred Joseph Goldner, and Secretary Yvonne Kilborn. Now, check the dates. Airbox Express (Aerocasillas) sent out a mass emailing to their entire customer database on Saturday, 3 October 2009, informing them that they would be changing service providers in Miami. Aeropost responded by trying to steal all of Airbox's customers. They ran out and started up this new company, "AEROPOST DE PANAMA, S.A.", that very next Monday morning. Since then, they have been stepping on one land mine after another as they try to illegally snatch and grab that which is not rightfully theirs - all of Airbox's customers in Panama.

Why Should I Care: The General Manager of Airbox in Panama is the pastor of my wife's church. Airbox has been advertising on my website for years, and what's more the people behind this company are simply very nice people. And I'm just a simple little "blogger" in Panama, right? In my humble opinion, these pricks from Aeropost should run, hide, apologize, and ask nicely for forgiveness (right now). But as long as they continue to go down the path they have chosen for themselves here in Panama, then I'll be right here chucking rotten pineapples at them. Forever. And if those buttheads don't like it then they can go "pound sand." Thanks for giving me something to write about this morning. It's been fun. Hey, here's an idea - sue me! Give me a reason to spend the next five years arguing before every judge in Panama the proper and legal translations of English words such as "prick", "butthead", "scumbag" and "asshole" - and why, from a legal point of view, those definitions (and probably others yet to come) are actually perfectly accurate and in reality apply very nicely to John Keith, James Fendell, and Jeff Duchesneau. Man, I simply can't wait... Are we having fun yet?

Copyright 2009 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.

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Court Orders Against Aeropost Piling Up - Miami Judge Rules Against | 1 comments | Create New Account
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