To: David Marcinkewicz
& the Florida G35 Club Directors,

Date: August 11, 2005

Regarding: Fraudulent Sale of Automotive parts


In light of all that has transpired between the fraudulent sale of automotive parts between the seller, David Marcinkewicz (Xg35driverX), and the buyer, Jason Wallace (Notaz), the directors of the Florida G35 Club will be voting on August 19th, 2005 to either expel David Marcinkewicz from the club or to overlook the alleged incident regarding the fraudulent sale of the “DC SPORT” Headers. The topic we will be voting on can be found at the following websites https://g35driver.com/forums/showthr...8&page=1&pp=15 & http://www.g35frenzy.com/forum/showthread.php?t=2554 (notice the title and date of the second thread)

According to our club bylaws which are posted in full at http://www.floridag35club.com

ARTICLE VI
Membership Status

1. Good Standing. All members must remain in good standing and uphold and comply with these bylaws and the Club’s Articles of Incorporation. A member ceases to be in good standing if the member falls into any of the following categories:

a. If the member has been banned from the Club’s official Forum, as designated by the Board;

b. (not applicable)

c. If, by majority vote, the Board elects to terminate a member’s membership status.

2. Expulsion. Any member may be expelled with or without cause by special resolution of the Board. The procedure shall be set forth as follows:

a. A special Board meeting for expulsion of a member must be called for and noticed, either by regular US Mail, email or a posting on the Club’s official forum, by any director.

b. The notice shall state that a special meeting of the Board has been called upon for the expulsion of a member and such meeting must be convened seven (7) days from the date of the notice.

c. Upon notice being sent out, the member in question is automatically put on probation, wherein that member temporarily loses all benefits and privileges.

d. The member in question is allowed to submit a written report to the Board no later than twenty-four (24) hours prior to the noticed special Board meeting discussing the issues at hand.

e. At the expulsion meeting, the Board shall discuss the issues at hand and then take a vote. An expulsion of a member must be done by majority vote of the directors in attendance at the expulsion meeting.

The club has a duty to follow our bylaws and according to Article VI-1-a & c and Article VI-2-a thru e this will be your ONLY notification since you did not provide your home phone number for our club records and you cannot receive messages through the clubs computer forum.

Since you decided not to refund Jason Wallace’s money in a reasonable timeframe in exchange for the headers that were misrepresented as Authentic DC Sport Stainless Steel Headers and since you decided not to reply to the G35driver.com administrators requests for an explanation of this fraudulent sale, the FGC will give you until midnight Wednesday, August 27th to submit a written explanation for your actions for us to consider before we take our vote. Should you decide to refund the money to Jason and have him call us to notify us he received payment in return for refund of the alleged knock off headers we will not hold the vote.

I am sorry things turned out this way, but the FGC does not want to be associated with people who partake in illegal business practices.

Here’s to hoping this is all just a really big mistake and you refund “Notaz” his money ASAP in exchange for him sending you back your headers.

Sincerely,
Todd Neff
President & Founder
Florida G35 Club