Report of Claim filed by Charles Kaplan (LM 0115-48) against Richard Burgel (R-8816)

On 10/10/2020, Kaplan filed a Claim against Burgel that included 3 counts, identified as Counts A, B and C. (See attached Claim Form, Kaplan vs Burgel.

Count A – Burgel is charged with using images from The MoGH's ChipGuide in several of his personal eBay sales background images, in violation of ChipGuide Usage Policy, i.e., using images without attributing ChipGuide as the source, and also using ChipGuide images for commercial purposes.

Count A Conclusion. It has been verified that Burgel has a history of unauthorized use of ChipGuide images.

Conclusion – When Burgel was first presented with the charges against him, he communicated to the Claims Director (Jay Sands LM-4390-60), with a cc to Palumbo and Follis (via email) that he resigns from the position as Publicity Director for the CCA, and resigns from the CCA. This resignation coincided with Burgel's membership expiration. Burgel's membership termination does not negate the actions to respond to Kaplan's Claim because the Claim was filed while Burgel was a Member and Kaplan is due a fair hearing. The investigation, therefore continued, sans any inputs from Burgel.

To that end, the following disposition of each Count of Kaplan's Claim is as follows:

Count A – Complicity in using a ChipGuide image in at least one (1) instance.
Count B – No determination, as it is outside the scope of the CCA.
Count C – No determination, as sufficient information was not provided, as required.

Follow-on actions:

1. Kaplan, at his sole discretion is free to re-file his Claim for Count 3, should Burgel become a CCA member in the future.

2. Burgel is to be advised that he is eligible to re-join the CCA, after a waiting period of 6-months from the date of this Report. However, in doing so, he will be obligated to attest, in a written statement, that none of his then current, nor future eBay sales include any unauthorized ChipGuide images.

The CCA Board
(By an affirmative vote of 4 and 1 abstention.)