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Ripped off


480sound

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Last September I was hired by a LA company; Beverly Boy Productions to work on an Industrial film for Roku. Roku had rented out an entire high end resort in Santa Fe NM where I live. Beverly Boy hired the crew and made the deals via their producer. Since I didn’t work much last year I was glad to have the job. I should have been more careful when the producer said if it was OK that Beverly Boy paid in 30 days.
They didn’t pay. I did not have or did I ask for a deal memo. Beverly Boy has a good rep and has done many productions. I did have emails, text messages and a call sheet with my name on it and the producers contact numbers. I waited for a month after the 30 days to start contacting Beverly Boy for payment and was told at least three times that I would be paid before the Holidays. That came and went then it was next and next week again. They not only didn’t pay me but the entire local crew got stiffed. One crew member has filed in small claims court in NM and has since discovered that Beverly Boy has not paid many crews on other productions and a Lawyer has been hired to file a Class Action Lawsuit against them. I’m not a lawyer but this is fraud. Not only that they crossed state lines to commit this fraud but to my understanding that makes it racketeering. To my stupefaction they sent me a 1099 for the payment I did not receive. It would seem that they want to claim my none payment on their taxes possibly as a business deduction.
It seems obvious now that the owner of the company Kael Beverly had no intention of paying the crew for the job. I don’t know if his producers got paid. You can look him and his company up online. I’ve been doing this a long time and this is the first time I have been ripped off so blatantly. This is a high profile company working for a huge company, this had to be planned by a real swindler. Hope it doesn’t happen to you.

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I feel your pain, 480sound.

 

Since October of 2023 I am owed over $4,000 from Abbson of 1325 Avenue of the America's, Floor 27 New York, NY.

 

I have a deal memo for net 30 days. I have call sheets. I have phone numbers and e-mails. The producer I worked with said he was let go shortly after our October gig. He says most everyone else at the company has been let go too and they have outstanding production debt of many thousands of dollars. 

 

I sent them a certified "demand letter." No response. My next move is sue.

 

Unfortunately, this was a non-union job so I am on my own.

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If they sent you a tax form for a payment you never received, that seems like it might be tax fraud, no?  Perhaps the IRS would be interested to know about that (I assume you'll have to tell them anyway when you do your taxes...)?

More to the point can you use that as leverage?  They may be able to brush you off, but brushing off the IRS when they are angry seems like something they'd probably want to avoid.

Then again, they sent the form, so maybe they already know how they intend to cross that bridge.

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First of all, contact your state Department of Labor and file a claim.  Secondly, and they'll hate this, is fill out an IRS Form SS-8 (link attached).  Email this to every beverlyboy email address you have and cc everyone on the call sheets you had, especially producer/director.  They WILL NOT want the IRS now making worker determinations as the penalties from Dept. of Labor are huge for non-payment.  

 

https://www.irs.gov/forms-pubs/about-form-ss-8

 

File that form with the IRS.    And subsequently file a dispute regarding the 1099 and let bev boy know that too.  Be a complete pain in their ass and encourage all the other crew to do the same.

 

Good Luck. 

 

 

You should also send copies of your unpaid invoice and demand to Roku's legal department claiming copyright for unpaid product and state the you explicity do NOT release any rights to the use of your recordings as no work for hire has been effected due to non payment.   Give them everybody's contact info at bev boy.  That'll be fun.

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3 hours ago, Tom Craca said:

First of all, contact your state Department of Labor and file a claim.  Secondly, and they'll hate this, is fill out an IRS Form SS-8 (link attached).  Email this to every beverlyboy email address you have and cc everyone on the call sheets you had, especially producer/director.  They WILL NOT want the IRS now making worker determinations as the penalties from Dept. of Labor are huge for non-payment.  

 

https://www.irs.gov/forms-pubs/about-form-ss-8

 

File that form with the IRS.    And subsequently file a dispute regarding the 1099 and let bev boy know that too.  Be a complete pain in their ass and encourage all the other crew to do the same.

 

Good Luck. 

 

 

You should also send copies of your unpaid invoice and demand to Roku's legal department claiming copyright for unpaid product and state the you explicity do NOT release any rights to the use of your recordings as no work for hire has been effected due to non payment.   Give them everybody's contact info at bev boy.  That'll be fun.

I love this!  So hardcore.  Thanks for posting and the warning.  They should go to jail.

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Looks like they have been acting in bad faith for quite a while... here's a Ripoff Report from 2016. Most interesting is their heavy handed response in the rebuttals. One they signed, the other one they probably wrote but didn't sign. https://www.ripoffreport.com/reports/beverly-boy-productions/nationwide/beverly-boy-productions-they-claim-to-have-local-staff-crew-they-dont-and-they-lie-nat-1318024

 

The state attorney general's office in both of the states - yours and wherever they are from (California, I think) - would be interested to know the details of this situation. The CA attorney general's office specifically, since it is their state. Those guys don't mess around. 

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On 2/13/2024 at 4:31 PM, Tom Craca said:

First of all, contact your state Department of Labor and file a claim.  Secondly, and they'll hate this, is fill out an IRS Form SS-8 (link attached).  Email this to every beverlyboy email address you have and cc everyone on the call sheets you had, especially producer/director.  They WILL NOT want the IRS now making worker determinations as the penalties from Dept. of Labor are huge for non-payment.  

 

https://www.irs.gov/forms-pubs/about-form-ss-8

 

File that form with the IRS.    And subsequently file a dispute regarding the 1099 and let bev boy know that too.  Be a complete pain in their ass and encourage all the other crew to do the same.

 

Good Luck. 

 

 

You should also send copies of your unpaid invoice and demand to Roku's legal department claiming copyright for unpaid product and state the you explicity do NOT release any rights to the use of your recordings as no work for hire has been effected due to non payment.   Give them everybody's contact info at bev boy.  That'll be fun.

Like always, spot on!

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I did some work here in Toronto in August 2023 with a crew for "Beverly Boy", and none of us have been paid as of Feb 2024. It was an industrial video for a medical lens company and we filmed all around a hospital with real doctors and client on site.

A few weeks ago I received $100 as a "good faith payment" but I'm not hopeful about the rest.

 

Beware...

 

AW

 

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