Notice of Hammertime on ASA-USA: Press Release
For
Immediate Release
Washington DC
December
31, 2012
We
have decided to make ASA-USA a poster child for how not to run a US Non Profit
Corporation like a bunch of Nigerians.
If
you have been paying attention to the forensic review of the 2012 Comprehensive
Mission’s Report and
You are
1.
A Member of the Executive; 2. Board Member; 3. Member of the House of
Delegates; 3. Affiliate President; 4. Committee Chairperson or Program
Coordinator;
And
You
believe that the matters and supporting documents made available to the public
are strictly the palaver of the President and his Executive;
You Are
Sadly
mistaken and we sincerely advise you to contact your lawyer to discuss your
personal liability exposure.
We believe that it is time to
put an end to the days when Board Members or Delegate Members have no idea that
they are fiduciaries of our 501c3 corporations and that their primary job is not to circle the President’s
wagon but to act like fiduciaries who understand that the acts, errors and omissions of the President can expose them personally to
legal liabilities.
We
believe that :
1. The Okafor/Ikeanyi
lawsuit failed to name all the necessary defendants and we believe that
complete justice cannot be done until all the defendants at law are named;
2. Necessary defendants to
be included in that lawsuit or in a separate lawsuit should include A. Other
Executive Members not yet named; B. All the Board Members; C. All the Members
of House of Delegates; D. All the Affiliate Presidents and E. Key Committee
Heads who were alleged to have fraudulently expensed monies;
3. If the Plaintiffs fail
to include all the Defendants, a separate lawsuit may be filed and jurisdiction
will be had in any state where ASA-USA has an affiliate, including the States
of Maryland and District of Columbia.
If you are a Board Member, House of Delegate Member,
Committee Chairperson or Affiliate President your duties are to provide
oversight and direction to the organization so that it can fulfill its mission
and you owe those fiduciary duties to ASA-USA, its grantees, and donors and you can be sued by the organization,
members, grantees, or donors. Ask
your lawyer.
You may be liable for countless allegations as a
Board Member, House of Delegate Member, Program Coordinator, including
allegations of:
1. Wrongful
acts including commingling of funds, improper distributions, overstatement of expenses; misuse of restricted funds such
as the Secretariat Funds;
2. Breach
of fiduciary duties;
3. Breach
of duty of loyalty;
4. Bread
of duty of diligence;
5. Financial
mismanagement;
6. Errors
in judgment;
7. Negligence.
If found civilly guilty, you could be personally liable even
if you never handled any money. If found
criminally liable, for instance for forging receipts; obtaining property by
false pretenses; embezzlement; perjury (forging documents and lying to Court); obstruction
of justice (such as trying to hide evidence); or conspiracy to commit any of
these acts, you could go to jail.
If you
are a Member of the Executive, Board Member, House of Delegate Member,
Affiliate President or Committee Chairperson or Program Coordinator, please ask
your lawyer if:
1. Mismanagement
and misuse of Secretariat fund can exposure you to criminal or civil liability
even though you are not a member of the Executive. You may want to Google
United States Attorney Southern District of New York vs. Educational
Broadcasting Corporation to find out why Board Members were found liable for
$950,000 dollars.
2.
You may also want to Google California
Attorney General vs the Monterey County AIDS Project (MCAP) alleging breach of
fiduciary duty by the organization and its board for not properly managing and
accounting for organization’s assets, diversion and improper distribution of
assets, breach of fiduciary duty for failure to use assets for restricted
purpose (e.g. Secretariate funds), for comingling assets (e.g. not lodging
Ubah’s donation in organization’s account); breach of fiduciary duty for
failure to take actions to recover improper diverted funds (e.g. overpayments
to Kendo, Topview Hotel, T-shirts, Excess shipping Charges, R and D expenses,
excessive travel expenses), failure to keep proper expense records, failure to
identify improper spending, failure to account for all assets and failure to
inquire about the questionable conduct of a few directors and officers. A copy of the Complaint is attached
for your convenience.
We
respectfully advise you that:
1. It is
in your best interest to go back and review all the allegations of financial
improprieties that we have painstakingly made public over the past couple of
weeks using the documents and Reports provided by the Administration;
2. It is
in your best interest to contact your lawyer and get an opinion on your
liability exposure; or better still
3. You may wish to retain a lawyer because chances
are very strong that you might need one.
If you are a
Past President or Past Executive
Please take due notice that in the event of a criminal
investigation, the Attorney General's Office will cast their net as far back as
possible. Biko, retain all documents. This is a brotherly advise.
By virtue of this Notice, there
is a thirty day Notice in Effect during which:
1. We want
to see the Okafor/Ikeanyi lawsuit amended accordingly to include all the necessary
defendants;
2. We want
to see meaningful action by the House of Delegates, the Board of Directors, the
Board of Affiliate Presidents and the Program Coordinators aimed at
demonstrating a clear commitment to their duties as fiduciaries and to
institute appropriate financial oversight and control mechanisms that should
take effect immediately.
We strongly caution that it
would be a mistake to doubt the seriousness of this Notice. Happy New Year. Expect our Press Release on January 31, 2013.
Good afternoon,
Aniedobe and Associates
Advocates and Solicitors*************************************************************************
This is what ASA-USA is all about ! Seeking to be close to power for self enhancement
No comments:
Post a Comment