Jerry Wingate & SCD, Legal Crime by Bankruptcy


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Last updated 07 March, 2007.


Is Jerry Wingate at it again?

**IMPORTANT** Solid Computer Decisions officially filed for bankruptcy August 7, 2002. The case number is 02-32467.

Like so many of you reading this I wanted to improve my career and way of life with an education. In todays world we are able to do this through traditional and non traditional education. Unfortunately those who conduct the non traditional education courses are not being held accountable for their actions with the same integrety as a community college or university would causing students to often suffer and bear the load of an unregulated system.

Back in November 2001 I ran accross an add in the Dallas Mourning News for a company named Solid Computer Decisions, INC. The add said that we could obtain such certifications as the A+, MCSE & CIW and we would be employed by the company upon completion of certification. With the IT job market in the pits and most IT positions requiring 3+ years of experience this looked to be the perfect opportunity to gain both certification and some much needed experience in a 'guaranteed' job.

After a phone call to the number on the add and confirming the information I contacted the local SCD office at Three Lincoln Center d/b/a Vantas, 5430 LBJ Freeway Suite 1600, Dallas, TX 75240, (972)663-9314. At this time I spoke with Larry Cox and we set an appointment to come in and talk. I left the meeting liking what was said and went off to look into the company via the internet. The Better Business Bureau showed SCD as a solid company. A couple of articles also showed they had put money into scholarships for various communities. Soon after this I spoke again with Larry Cox and setup another appointment which would be where I signed up to attend the A+ and MCSE courses through SCD for $10,000 via a loan through Sallie Mae. Most of my paperwork is signed in November 2001, which you will see is significant later on.

With all the paperwork out of the way the $10,000 was sent from SallieMae to SCD on 18 December, 2001. I have a letter confirming this from Sallie Mae. We began the three week A+ course on 14 January. The location of the classrooms was 12201 Merit Dr., II Forest Plaza, Suite 100, Dallas, Texas. Ernest Williams was in charge of the SCD education department of the Dallas Branch. At this time I learned that the Dallas GM, Larry Cox, was no longer with the company for reasons undisclosed to us. After completing the A+ course and beginning the MCSE classes, 18 February 2002, I learned that Joe Harrell, the only other person in the main office when I was approached by SCD, had resigned from the company for reasons I am not aware of. Also of note, the week following easter sunday, 2002, Ernest Williams announced that SCD was restructuring its business in some fasion.

After completing the A+, MCSE 2151 & 2152 courses we began a three-four week break before picking back up with MCSE 2153. This is when the fun begins.

Greater Charlotte biz

On April 18, 2002 an e-mail of Subject: SCD Student Update was mailed from Jerry Wingate, jerryw@scdinc.com , to ryman_tiu@yahoo.com . This e-mail was forwarded to me on 21 April, 2002 by Ernest Williams. In short it said that SCD was closing its doors for two weeks for restructuing of the SCD training division and would re-open after that two weeks. It also states that if we wish a refund we could request one with a Point of Contact of Jennifer Neal at (704)523-0905.

I immediately knew something was wrong and attempted to obtain a refund. After only being able to reach the message center of Jennifer Neal with no return calls ever I spoke with Ernest Williams who gave me the fax number of a Cheryl Calebro to fax my refund request to. The fax number has never worked to date. It would ring but no fax, computer or human ever answered it. I called Ernest again and he tried to call the numbers I had after I told him that the main SCD number would never ring, just silence then a busy signal, and that all other numbers I tried were not working. He called these numbers with the same results and said, 'you got me', meaning he did not know what to do.

On 1 May an e-mail was sent from Jerry Wingate to one of the students who was also an employee of the Dallas SCD office. This e-mail had a Subject: Message from SCD. The student forwarded this message to myself and all other Dallas students. On 3 March, 2002 I mailed a copy of the refund request by certified mail to SCD at SCD, INC. 8848 Red Oak Dr., Suite H, Charlotte, NC 28217. I have never received the return receipt and truly have no idea if it ever arrived.

This new e-mail states that SCD is filing for Chapter 7 Bankruptcy and that we should submit a refund request, as I had been trying to do for some time. It also states that there is a teach-out program available through our lending institutions and gave the e-mail address for this to be SCDteachout@scdinc.com . This address has never worked for me to date.

There is actually a teach-out being conducted through SallieMae. One is a company called CCI whos offered scheduled does not comply with my open time. The second one is Tech Skills who offers a self paced course with no 'true' classroom time. They usually charge $6k for this MCSE but honestly for little better then a do-it-yourself setup it is a far cry from what we were offered and paid for through SCD. Thirdly, just two or fewer weeks before we had to make a choice I called SallieMae to find that Southern Methodist University was now an option. SallieMAe never let us know this and had I not called I would not have even known. Very poor communication. I let all other students know this information withing minutes of my learning it.

Let me mention that SCD was a C TEC school which means they taught only such materials as 'Microsoft Certified Curriculum' with 'Microsoft Certified Trainers'. Also Tech Skills will not let me have a copy of the unsigned contract to show an attorney they want me to sign with them and Sallie Mae which makes me believe something extremely shady is going on. The contract does reiterate that we must repay the loan to SallieMae.

I signed with Tech Skills. I had little choice. There was a deadline and as of the day I signed the papers my work schedule just did not work with my school of choice, SMU. Yet another disappointment.

There is some important data to state here. For one, SCD solicited their business in Texas illegally. According to Frank Hammock of the Texas Work Force Commission SCD filed for their certification to conduct business in Texas on 3 December, 2001. SCD was soliciting our business in November for sure and possibly as early as October. A run through the ads at the Dallas Mourning News is all we need to prove this. The following information from Chapter 132 of the Texas Education Code shows that SCD signed myself and others in Texas illegally therebye nullifying our contracts which means we are due a 'FULL REFUND'

SUBCHAPTER C. AUTHORIZED OPERATION OF PROPRIETARY SCHOOLS

§ 132.051. Certificate of Approval

(a) A proprietary school may not maintain, advertise, solicit for, or conduct any course of instruction in this state before the later of:

  (1) the 30th day after the date the school applies for a certificate of approval under this chapter; or

  (2) the date the school receives a certificate of approval from the commission.

    (b) Any contract entered into with any person for a course of instruction by or on behalf of any person operating any proprietary school to which a certificate of approval has not been issued pursuant to this chapter is unenforceable in any action brought thereon.

Added by Acts 1971, 62nd Leg., p. 2009, ch. 620, § 1, eff. June 4, 1971. Amended by Acts 1989, 71st Leg., ch. 813, § 4.06, eff. Sept. 1, 1989. Redesignated from V.T.C.A., Education Code § 32.31 and amended by Acts 1995, 74th Leg., ch. 260, § 2, eff. May 30, 1995.


The SCD student handbook also states that we are due a FULL REFUND based on the following information from the REFUND POLICY section.

SCD REFUND POLICY

6. A full refund of all tuition and fees is due and refundable in each of the following case:

  a. An enrollee is not accepted by the school;

  b. If the course of instruction is discountinued by the school and this prevents the student from completing the course; or

  c. If the students enrollment agreement was procured as a result of any misrepresentation in advertising, promotional materials of the school, representation       by the owners or representatives of the school.

7. The refund will be totally consummated within 60 days after the effective date of termination.


As you can see this is proof positive that all students not just in Dallas but accross the country are due full refunds. The sad part about all this is that there is one lesson to be taught here. You can promise the world to anyone about anything and break the law in doing so but it will never come back to harm you because of one simple word, BANKRUPTCY.

To date I have personally notified the Better Business Bureau, the Texas and North Carolina Attorney General's office of Consumer Protection, the Texas State Comptroller, the Texas Work Force Commssion and the following elected officials: Congressman Dick Armey, Senator John Carona, Representative Kenn George, State Board of Education Ms. Geraldine Miller.

The Better Business Bureau says they can do nothing because SCD filed for Bankruptcy.

The Texas AG's office of Consumer Protection said they will do nothing but file the paperwork away due to Bankruptcy.

The Texas Comptrollers Office just doesn't work with this aspect of education, mainly they work with educational taxes and such, therefor they can offer no assistance.

The North Carolina AG's office of Consumer Protection said they would do nothing because of Bankruptcy but would be kind enough to forward a copy of my complaint to the Texas AG's office. This after I even included a copy of my complaint sent to the Texas AG with the paperwork to the North Carolina AG.

Though SCD did finally submit for certification within the state since the certification to operate here was never completed/official the Texas Work Force Commission will not help with a teach-out and will only offer a letter stating each student is due a full refund but they can NOT enforce it.

I wrote the elected officials in early June. I did recieve a letter back from the Texas State Senator, John Carona, that says he was told by the Staff at the OAG that the attorneys general of Illinois, Maryland, North Carolina and Texas are looking into taking joint action against SCD with the Office of Illinois AG Jim Ryan taking the lead on the case. L. Denise Davis of the Texas OAG in Dallas told me she new nothing of this so I will post my findings soon on this matter. Also, Mandy from Congressman Dick Armeys office called mid-July and left a message saying they are looking into who's jurisdiction this falls under. Perhaps I should also ask the Governors and Assistant Governors Office for help.

The US Attorney's office said to speak with a civil attorney. Seems that until we prove SCD broke some set of rules they can't do much even though the Texas Work Force Commission has already said they were operating without their approval in Texas.

According to the Texas Secretary of States office SCD was Incorporated in Texas. I have requested information from them anyway to include Jerry Wingates home information if possible.

Something I do find most disturbing and ironic is this. If any students caught up in this fiasco filed for chapter 7 bankruptcy their student loan would not be covered by the bankruptcy. According to the information I found student loans that have been due for seven years or less are not covered by chapter 7. Kind of strange considering SCD doesn't have to repay the exact same $10,000. I am not sure how chapter 13 bankruptcy would cover student loans.

At this point all I personally want back is my $10,000 plus interest. The results of this fiasco has made me frustrated enough with this aspect of the profession to look into other career paths, both IT and non IT. To date this is what I have observed about business and the legal world:

**IMPORTANT** Solid Computer Decisions filed for bankruptcy August 7, 2002. The case number is 02-32467. The case is filed in Charlotte, NC. This information was provided by Cecelia Burr.

This is the reply Cecilia Burr gave in response to my request of filing a 'Proof of Claim';

This case was filed as a No Asset Chapter 7. If the trustee determines the case is an asset case, he will submit a Notice of Possible Dividends. You will be given a bar date to file a proof of claim. The Notice the court mails out will include a proof of claim to file, but if you need a copy, you can obtain it at the following:

Go to our website at: www.ncwb.uscourts.gov
Under Court Documents, click on Official Forms
Scroll to #10 (Proof of Claim)
Copy and complete the form and mail to:

United States Bankruptcy Court
Western District of North Carolina
P. O. Box 34189
Charlotte, NC 28234-4189

If you want to file a proof of claim now, you can. If you need any information, please feel free to contact me. I can answer any procedural questions you have, but you will need to contact someone in the legal field for legal questions.

Here are some links to articles reguarding the closing of SCD. It would seem, but not for sure, that the state of Maryland stepped in and told the lenders that their loans were made to a company that was operating illegally and that they should therefor never have been made. Apparently those students do not have to repay those loans that are residents of Maryland.

School closings put many in debt - Some who fought had loans dropped
Dale Pittman (804) 861-6000
Tom Domonoske (504) 432-8616
Maryland Shuts down illegal computer training school
Computer School Head Believes He will Reopen soon
Carmel Computer School Goes Bankrupt
Computer School Closed
Computer Students Left Class-less
Computer Trade School Closes
NC State Career Center
Computer Training School to File for Bankruptcy
Computer School goes Bankrupt

Unfortunately some have taken this situation to extremes and made death threats to Jerry Wingate. While he and those responsible for this situation should be held accountable to us I personally have NO tolerance for such threats of death or physical abuse.

We want justice Jerry. You stole from us and lied to us and broke the law in several states doing so and until justice is served I will forever look for ways to Legally hold you accountable to us.

27 February 2006

I have continued to recieve e-mails from students accross the country about their encounters with SCD. Many asking for help on what to do. There is no help that I am aware of other than writing off $3,000 per year on income taxes as worthless debt until the entire amount of your loan has been claimed. Also don't forget to write off interest every year. SCD has no money to repay and those responsible for the companies downfall are not being held accountable, as they should be, to pay on these outstanding debts to us over time. I am under the impression the state of Maryland told companies such as Sallie Mae that the students from that state would not be obliged to repay these loans. I'm not sure how or why one state would do this and the others not follow since this situation is obviously nothing short of criminal behavior on SCD's part.

I can tell you the rabbit hole was alot deeper than we thought. One person, a student who also worked for SCD doing sales, sent me an e-mail explaining how many of the top sales people were manipulating the system to recieve perks based on total sales made. Apparently Jerry himself was in on this setup so there is no telling how much was going on that we will never know about.

The only good news I have recieved to date is from one Special Agent Michael Antal of the Florida Department of Law Enforcement. There has been an ongoing investigation into SCD but no details are being released since the investigation is ongoing. I will check back with him every few months and if anything concrete happens I will be sure to post the results.

19 August, 2006

According to this 2003 article some students successfully beat SML in court and had their loans 'forgiven' while others had their amounts reduced. I'm not sure if signing with a teachout program hurts ones chance of success or not as the loans should not have been made either way. The numbers given me for two of the lawyers who have tried these cases are: Dale Pittman (804) & 861-6000 Tom Domonoske (504) 432-8616.

This information is not complete as the students continue to seek some sort of justice for the wrongs done to them. Check back for changes and updates and feel free to send me any comments, questions, bitches, gripes and complaints. e-mail Leonard Hillock