Hi misc@, some days ago, i publicly asked Wim to tell me what he did with the donation i sent him via IBAN for the OpenBSD project, whether he kept it or whether he passed it on to the project, see the posting included below. On his website http://accounting.kd85.com/ you can still read, at the time of the present posting:
> Now Theo claims *I* kept donation money while all of it was > transferred to his German IBAN account. [...] > All donations that came in (IBAN transfer and credit card) > were transferred to Theo and I have all the transaction receipts. The posting cited below started a private communication involving Wim and myself and consisting of several mails. Since it was a private communication, i'm not going to publish any details, but i feel that i should provide a rough summary to the list, regarding the central question where the particular donation money went that i sent via IBAN to Belgium in October 2007. Wim first told me that he still kept those 2.000 EUR on one of his bank accounts in Belgium; later he claimed that he had already sent those 2.000 EUR to Theo; and finally, he sent 2.120 EUR back to me, that is the full amount of the donation plus 4% interest for one and a half years. Those 2.120 EUR arrived on my bank account today. I have already forwarded those 2.120 EUR to the official OpenBSD donations account in Munich, where they belong, even though they're now 18 months late to fund the p2k7 hackathon in Hungary. Even though i repeatedly asked for bank statements of the donations account, the only bank statement Wim has shown to me is the bank statement regarding the refund of the 2.120 EUR on April 7, 2009. By the way, even though i sent the donation to a private, non-business donations account, account holder "OpenBSD", the refund arrived from a business account, account holder "kd85.com", actually the very account i have been paying my OpenBSD CDs and T-Shirts to during the last few years. One can only speculate what this might mean, but two possible explanations could perhaps be: - Wim might have mixed donation money into his kd85.com business money. or - Wim might have kept the donation money privately and might now pay the refunds out of company money in order to force bankruptcy of kd85.com. That might seem useful in order to avoid paying company debts. Again, this is purely speculative, there could as well be different, harmless explanations. Unfortunately, i am forced to speculate because Wim so far refuses to show anybody any bank statements of the donations account. To understand better whether kd85.com is flourishing or whether he is rather trying to run the business into the ground, it might help to study the kd85.com balance sheets published on the web. The only thing i definitely know is that the web site says he sent all donations to the project, that he then switched his explanations three times in a row and finally sent my donation back to me. As i have seen no bank statements, i'm not sure about donations given by other people, but i see little evidence that anybody else, including Wim, fully understands what happened to all those donations he collected. Thus, everybody who ever gave or sent Wim any donation to be transferred to the OpenBSD project, whether by bank transfer or whether given in cash, for example at a booth on a conference, should consider asking Wim for a refund plus interest, and then transfer the total amount either to the official OpenBSD donations account in Munich, run by Theo de Raadt, see www.openbsd.org, or to the OpenBSD Foundation, see www.openbsdfoundation.org. Given the way Wim is currently handling the donations, this appears to be the only way to quickly get your donation to the project right now. At least it worked for me. Please do not ask for refunds of credit card donations. Those have always been processed in a completely transparent way by The Computer Shop of Calgary and passed to Theo, who has been spending them on the OpenBSD project, as no doubt you hoped when you gave them. When asking Wim for a refund, be sure to Cc: <[email protected]> such that Theo knows what's being discussed. When transferring the refund to the donations account in Munich, state in the reference text when and by which means the original donation had been transferred to Wim, and when and by which means it was refunded. Yours, Ingo ----- Forwarded message from Ingo Schwarze <[email protected]> ----- From: Ingo Schwarze <[email protected]> Sender: [email protected] Date: Sat, 4 Apr 2009 00:35:54 +0200 To: Wim Vandeputte <[email protected]> Cc: [email protected], [email protected] Subject: Re: donation Hello Wim, on October 4, 2007, i sent a substantial donation to your former OpenBSD donations bank account BIC: KREDBEBB IBAN: BE93 7370 1774 3767 Account holder: OpenBSD (not kd85.com) Reference text: Donation to OpenBSD; Keep up the good work... Four days later, i received your confirmation mail cited below. On January 4, 2008, you also committed a few lines to donations.html: http://www.openbsd.org/cgi-bin/cvsweb/www/donations.html#rev1.1024 Now, to my surprise, i just learnt that 1) According to Theo, the donation i'm talking about would have been sufficient to fund more than half of the hotel costs of the p2k7 ports hackathon in Hungary. 2) Even though you initially paid the hotel costs for that hackathon, you later charged the full amount of those hotel costs back to the Computer Shop of Calgary, to be paid by OpenBSD. 3) According to Theo, http://marc.info/?l=openbsd-misc&m=123863915225785 the grand total he ever received out of said donations account was EUR 2802.48, so clearly the donation i'm talking about cannot be contained in that sum. According to Theo, since the autumn of 2007, he never received any other donated money proxied through you. Legally speaking, when you decided to set up that account, you offered to accept orders to transmit donations to the OpenBSD project, acting as an agent on behalf of the people sending money to that account. When acting as an agent, - you must notify the principal in case you refuse an order (663) - on request, you must provide information regarding the progress of the execution of the order (666) - you must give an account of the execution to the principal (666) So, in case you completed the order, i hereby request that you give an account of the execution, preferably by showing the bank statements of the donation account to Theo de Raadt. In case you did not yet complete my order, i hereby request that you provide information to me about the progress you are making. In the latter case, i reserve the right to (1) cancel the order, asking you to send back the donation to me (671), and to (2) charge interest for the sum in question from October 2007 until today (668). The article numbers cited refer to the German BGB, but i doubt that Belgian civil law is substantially different. To make tracking easier for you, i'm sending the exact details, in particular my bank account information and the precise amount of the donation, in a seperate private mail. Thank you for helping to shed some light on this issue, Ingo Schwarze ----- Forwarded message from Wim Vandeputte <[email protected]> ----- Date: Mon, 8 Oct 2007 13:41:31 +0200 From: Wim Vandeputte <[email protected]> To: [email protected] Subject: donation Message-ID: <[email protected]> hey, thank you for your donation, it will be used to pay for the hotel costs of the upcoming ports hackathon in Hungary You are coming to OpenCon? -- =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= https://kd85.com/notforsale.html -- ----- End forwarded message ----- ----- End forwarded message -----
