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Thread: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    FILED

    DALLAS COUNTY

    9/8/2016 11:12:41 AM

    FELICIA PITRE

    DISTRICT CLERK

    CAUSE


    Page 1

    VENUE


    6. Venue is proper in Dallas County, Texas, because all or a substantial part of the events giving rise to Plaintiffs causes of action occurred in Dallas County, Texas.
    FACTS

    7. Dobrott is a former U6 Girls Director of GSA. She is also a former team manager of a GSA team, former coach of a GSA special needs player, and the parent of a former GSA player.

    8. GSA was formed to create and maintain a soccer program for the residents of Garland, Texas. GSA receives and accepts registration fees from players and, based on information and belief, charitable donations from the public.

    9. Pursuant to the Bylaws and Rules of GSA and North Texas Soccer Association, Inc. ("NTSSA"): (a) GSA is a member of NTSSA; (b) GSA is required to comply with the Bylaws and Rules of NTSSA; ( c) GSA is under the jurisdiction of NTSSA, including matters regarding GSA's misuse of funds and misapplication of applicable Bylaws and Rules; and (d) all administrators, team managers, team members, and participants in GSA are under the jurisdiction of NTSSA.

    10. When Dobrott was elected as the Director of GSA in 2012, NTSSA informed her of her fiduciary duties to GSA. Dobrott complied with her fiduciary duties to GSA by reporting, complaining about, and questioning the following incidents, misconduct, and ethical violations which were contrary to GSA Bylaws and Rules and contrary to public policy and which adversely affected GSA and its property (i.e., GSA registration monies) and the safety of GSA's players who are minors:

    a. Dobrott reported, complained about, and questioned GSA's misuse of
    GSA funds when Arciniega continued to retain Jevin, GSA's software provider for

    GSA PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page2

    Page 2

    scheduling and registration. Jevin handles all the registration monies of GSA. Arciniega continued to retain Jevin despite the fact that over $8,000.00 of GSA's registration money was missing while said funds were under Jevin's control.

    b. Dobrott reported, complained about, and questioned GSA's retention of a
    GSA Director whose husband is a Level 2 sex offender and convicted felon who had access, through his wife the GSA Director, to rosters and other records of GSA players who are minors. GSA, through David Arciniega, did not comply with the applicable Whistleblower Policy. Instead, GSA and Arciniega disclosed to the convicted felon and Level 2 sex offender and his wife, the GSA Director, that Dobrott had disclosed the husband's public criminal record to GSA and NTSSA.

    c. Dobrott reported, complained about, and questioned that GSA kept its
    Board Meetings secret and did not publish its Board Member Reports to the members of GSA contrary to applicable GSA Bylaws and Rules.

    d. In late October, 2014, Dobrott reported, complained about, and questioned
    that GSA Director, Angela Bowen-Hearn, had missed seven of the last twelve Board Meetings contrary to GSA Bylaws and Rules. Rather than handle the complaint confidentially under the GSA Whistleblower Policy, Arciniega informed Angela Bowen-Hearn that Dobrott had reported Ms. Bowen-Hearn for missing Board meetings.

    11. At all pertinent times, Arciniega exercised oppressive control over GSA in
    violation of public policy and GSA Bylaws and Rules and acted in an unreasonable, arbitrary, and capricious manner by:

    (a) controlling the hiring and retention of GSA vendors, such as Jevin, even
    though $8,000 of GSA money was missing while the funds were under Jevin's control;

    (b) retaining a GSA Director who allowed her husband, a convicted felon and
    Level 2 sex offender, access to the records of GSA players who are minors;

    (c) violating the applicable GSA Whistleblower Policy when Dobrott reported
    misconduct;

    (d) failing to assure that GSA kept complete records of its affairs and made the records available to any GSA Member as required by GSA Bylaws;

    (e) failing to establish a GSA Appeals & Disciplinary Committee as required by
    the GSA Bylaws; and

    (t) failing to assure compliance with GSA Bylaws including:

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 3

    Page 3

    1. the preparation and notice of charges concerning infractions alleged by
    Plaintiff of GSA Bylaws and Rules;

    2. the investigation of infractions alleged by Plaintiff of GSA Bylaws and
    Rules;

    3. the holding of hearings on alleged GSA Bylaws and Rules infractions
    alleged by Plaintiff; and

    4. requiring that the A & D Committee make findings after the hearing on
    infractions of GSA Bylaws and Rules alleged by Plaintiff.

    12. In December 2014, GSA did not re-elect Dobrott as a Director for an additional term. Based on information and belief, Dobrott was defeated due to proxies obtained by Arciniega which proxies Arciniega obtained by defaming Dobrott and by Arciniega rigging the election. Despite her request for an investigation of the irregularities and illegalities in the GSA election process after she was not re-elected, GSA and Arciniega failed and refused to provide
    Plaintiff with due process regarding the GSA election of directors as required by GSA Bylaws and applicable law. Dobrott has not been heard and was not allowed an opportunity to be heard about the irregularities and illegalities in the election which resulted in Dobrott being ousted as a GSA director, a position which constitutes a valuable property right to Dobrott. Dobrott's
    position as a GSA Director constituted a valuable property right in that this position provided Dobrott valuable work and leadership experience that would assist her in obtaining employment.

    13. The GSA Bylaws in effect at all pertinent times require that GSA have an Appeals and Disciplinary ("A&D") Committee composed of the Vice President as Chairman and four (4) Association Coaches in good standing. The GSA Bylaws provide many specific duties of the A& D Committee as set out in Exhibit "A" attached hereto. Contrary to the GSA Bylaws, GSA and Arciniega failed and refused to have an A&D Committee in place for GSA or to otherwise
    provide Plaintiff due process regarding Plaintiffs allegations of irregularities and illegalities in

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page4

    Page 4

    the December 2014 election and the other infractions of the GSA Bylaws and Rules as detailed in Paragraphs lO(a)-(d), 11, and 12 above.

    14. The GSA Bylaws provide: "The Board shall cause to be kept a complete record of its corporate affairs and shall make such records available for inspection by any member." Dobrott reported and questioned when the GSA Board, led by Arciniega, failed to comply with the duty to retain the complete record of its corporate affairs and make the records available for inspection.

    15. The NTSSA Whistleblower Policy applicable to GSA provides in pertinent part as follows:

    The...Code of Ethics and Conduct ("Code") requires directors, officers, and
    employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As representatives of the Organization, directors, officers, and employees must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. It is the responsibility of all directors, officers, and employees to comply with the Code and to report violations or suspected violations in accordance with this Whistleblower Policy.

    No director, officer, or employee who in good faith reports a violation of the Code shall suffer harassment [or] retaliation...Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

    GSA, through Arciniega, did not comply with the Whistleblower Policy as stated in Paragraphs lO(b) and IO(d) above. Rather, GSA, through Arciniega, failed to keep Dobrott's reports confidential and harassed and defamed Dobrott for making the reports.

    16. The NTSSA Code of Ethics applicable to GSA and for member associations,
    including GSA, provides in pertinent part as follows:

    This Code of Ethics has been developed to clarify and distinguish approved and accepted professional ethical and moral behavior from that which is detrimental to the development of the sport of soccer...Member Association's Administrators must always refrain from criticizing other Administrators in the presence of others...Professional

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 5

    Page 5

    respect should be mutual and there should be no demeaning dialogue or gesture between Administrators.

    Contrary to the Code of Ethics, Arciniega criticized Dobrott frequently at GSA Board meetings and caused to be filed against Dobrott a meritless, arbitrary, and capricious "A & D Charge" that was heard by the GSA Board of Directors and not the A & D Committee as the GSA Bylaws require for "instructing in the placement of a new coach, along with his sons, to an existing team without following proper procedures." Arciniega was also the complainant on a
    "No Confidence Petition" against Dobrott that was meritless, arbitrary, and capricious which was filed against Dobrott in retaliation for Dobrott supporting the candidate running against Arciniega in the 2013 spring GSA election.

    CAUSES OF ACTION
    OPPRESSIVE CONDUCT/BREACH OF FIDUCIARY DUTY


    17. Defendants engaged in wrongful conduct toward Dobrott as described above. Further, Arciniega exercised oppressive control over GSA in violation of public policy to the detriment ofDobrott and acted in an unreasonable, arbitrary, and capricious manner toward GSA and Dobrott.

    18. Defendants have not dealt fairly in GSA's affairs to the prejudice of Dobrott. Defendants have not observed the standards of good faith and fair dealing and the standards in the GSA and NTSSA Bylaws and Rules on which Dobrott was entitled to rely.

    19. Defendants have breached their fiduciary duty to Dobrott by their oppressive conduct toward Dobrott.

    20. As a result of the breach of fiduciary duty owed by Defendants to Dobrott,
    Dobrott has suffered damages in excess of the minimum jurisdictional limits of the Court.
    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 6

    Page 6

    BREACH OF CONTRACT/QUASI CONTRACT


    21. The GSA and NTSSA Bylaws and Rules constitute a contract in fact between GSA and Dobrott.

    22. GSA breached this contract with Dobrott as described above.

    23. Alternatively, the GSA and NTSSA Bylaws and Rules create a quasi contract between Plaintiff and GSA, a contract implied in law to prevent unjust enrichment to GSA. GSA breached this quasi contract with Plaintiff as described above.

    24. As a result of the breach of contract or quasi contract by GSA, Dobrott has been damaged in an amount in excess ofthe minimum jurisdictional limits of the Court.

    25. Dobrott is entitled to recover her reasonable and necessary attorney's fees in the trial court and on appeal from GSA due to GSA's breach of contract or quasi contract under Section 38.001 ofthe Tex. Civ. Prac. & Rem. Code.

    DEFAMATION

    26. Based on information and belief, Arciniega published statements of fact about Dobrott to third parties which statements were defamatory and false. Arciniega defamed Plaintiff without the authority of GSA, or alternatively, with the authority of GSA in which case GSA is also liable for defamation. Based on information and belief, Arciniega acted with malice in defaming Dobrott.

    27. As a result of the defamation of Dobrott by Arciniega, Dobrott has sustained damages in an amount in excess of the minimum jurisdiction of the Court, including damages to her reputation and the loss of a valuable property right of her position as a Director of GSA.

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 7

    Page 7

    DEPRIVATION OF DUE PROCESS

    28. GSA, led by Arciniega, has not afforded Plaintiff due process regarding her
    complaints about GSA and Arciniega and her ouster as a GSA Director in the December, 2014 election which election was void due to irregularities and illegalities. Specifically, GSA, led by Arciniega, has failed to give Plaintiff notice and an opportunity to be heard in an orderly proceeding adapted to the nature of Plaintiffs complaints. Alternatively, GSA, led by Arciniega, has failed to reach a decision, make findings or reach a conclusion regarding Plaintiffs
    complaints as required by GSA Bylaws and applicable law.

    29. Plaintiff has exhausted all her internal remedies available to her. Alternatively, Plaintiff lacked meaningful access to GSA's internal remedies and has been unable to exhaust any internal remedies available to her because GSA, led by Arciniega, failed to make a decision, make findings on, or reach a conclusion regarding Plaintiffs complaints. Further and alternatively, it was not feasible for Plaintiff to avail herself of the internal remedies set out in the GSA Bylaws because GSA does and did not have an Appeals & Disciplinary Committee as required by its own Bylaws and Rules and the GSA Appeals & Disciplinary Committee is required to hear Plaintiffs complaints at issue in this lawsuit.

    DECLARATORY JUDGMENT

    30. Dobrott seeks a declaratory judgment pursuant to Chapter 37 Tex. Civ. Prac. & Rem. Code that the December 2014 election in which Dobrott was defeated for the position of Director of GSA was improper, irregular, illegal and not in compliance with GSA Bylaws and Rules.

    31. Dobrott further seeks a declaratory judgment that the December 2014 election is void and that Dobrott is entitled to reinstatement to her position as a Director of GSA.

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 8

    Page 8

    32. Dobrott also seeks her reasonable and necessary attorney's fees pursuant to Section 37.009 Tex. Civ. Prac. & Rem. Code.

    PRAYER

    WHEREFORE, based on the foregoing, Plaintiff, Heather Dobrott, respectfully requests that Defendants be cited to appear and answer, and that on final trial, Plaintiff have judgment against Defendants for the following:

    1. Damages against Defendants m excess of the minimum jurisdictional
    limits of the Court;

    2. A declaratory judgment that the December 2014 election of Directors of
    GSA is void and Dobrott is reinstated as a Director of GSA;

    3. Pre-judgment and post-judgment interest at the highest legal rate;

    4. Reasonable and necessary attorney's fees in the trial court and on appeal;
    and

    5. Such other and further relief to which Plaintiff may be justly entitled.
    Respectfully submitted,

    LAW OFFICE OF FOSTER & FOSTER, P.C.


    Isl Susan Johnson Foster

    Susan Johnson Foster
    State Bar No. 07297700
    susanfoster@fosterlegal.com
    Thomas J. Foster
    State Bar No. 07299000
    tomfoster@fosterlegal.com
    2500 Dallas Parkway, Suite 108
    Plano, Texas 75093
    Telephone: 972-991-1606
    Facsimile: 972-202-4581

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 9

    Page 9

    Certificate of Service

    I certify that a true and correct copy of the above and foregoing was served on counsel of record, as required by the Texas Rules of Civil Procedure on September 8, 2016.

    ls/Susan Johnson Foster

    Susan Johnson Foster

    PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 10

    Page 10

    EXHIBIT "A"


    A. Committee Procedure
    1.
    Notice of Alleged Infraction of the By-Laws or the Rules: Upon receipt of
    written notification, the A&D Committee shall conduct a confidential
    investigation by questioning any person with first-hand knowledge of the
    facts. The investigation must include an interview with the accused unless
    it can be determined no further action, including the preferring of the
    charge(s) is necessary or warranted. For the protection of the parties who
    may be innocent, the investigation will avoid revealing details as much as
    possible.
    2.
    Preparation of the Charge(s): Ifnecessary, the Committee will prepare the
    charge(s) that will be brought against the accused and the specification(s)
    that will be addressed by the Committee.
    a.
    The charge(s) sets forth the "offense" of which the accused is
    alleged to be guilty.
    b.
    The specification(s) states "what" the accused is alleged to have
    done.
    3.
    Notification of the Charge(s): The accused is to be notified by mail, a
    letter notifying them of the date, hour, and place of the A&D hearing,
    containing an exact copy of the charge(s) and specification(s) and the
    statement "And is hereby cited to appear" at this meeting. The Committee
    chairman shall retain a copy of this notification. A copy of this
    notification shall be mailed to the division Director.
    4.
    The procedure of the A&D hearing:
    a.
    The hearing will be called to order by the Chairman.
    b.
    The Chairman will read the charge(s) and specification(s).
    c.
    The Chairman will provide copies of all documents to all
    pmticipants.
    d.
    The Chairman will advise all participants of the decorum of
    the hearing and it shall be maintained.
    e.
    The Chairman will inform the participants of the time allotted
    for each phase of the hearing and will call upon:
    Page I

    Page 11

    -The Appellant's, making charge, opening statement.

    -The Appellee's, being charged, opening statement.

    -The Appellant for presentation of argument, calling of
    witnesses and cross-examination of Appellee through the
    Chairman.

    -The Appellee for presentation of argument, calling of witnesses
    and cross-examination of Appellant through the Chairman.

    -The Committee members for cross-examination of the
    Appellee and Appellant.

    -The Appellant for a closing statement.

    -The Appellee for a closing statement.

    5.
    The Committee's Findings
    a.
    The Chairman then states the question on the findings as to the
    guilt of the Appellee as prescribed in the charge(s) and
    specifications(s) as preferred against the Appellee.
    NOTE: The charge(s) and specification(s) can be amended to
    conform to facts brought out in the hearings, but not in such a way
    as to find the Appellee guilty of a charge(s) for which he has not
    been tried.

    b.
    Each of the specifications, and then the charge, is read, opened to
    debate, and voted on separately. Ifthe Appellee is found guilty of
    one or more of the specifications but not of the charge, a lessor
    (sic) charge should be moved and voted on.
    c.
    If the Appellee is found guilty, the Chairman announces that the
    next item of business is the determination of the penalty.
    6.
    The Penalty
    a.
    The determination of the penalty shall be made in the form of a
    motion by a Committee member. This motion is debatable and
    amendable by other Committee members. A Vote on this motion
    for penalty shall be taken by the Committee members and the
    results of the vote shall be recorded by the Chairman.
    Page 2

    Page 12

    NOTE: If the Appellee is found guilty of a violation that states a
    specific penalty is to be imposed, the Committee may enforce the
    prescribed penalty and/or additional penalties that the Committee
    feels are warranted based upon the severity of the violation as
    revealed in the Committee hearing.

    b.
    If the Appellee is found not guilty, the Chairman shall record the
    findings and the Appellee shall be declared so.
    B.
    Appellate Procedures:
    1.
    Any coach or player may appeal an A&D Committee finding to the GSAI
    Board by the following:
    a.
    File a written notice with the GSAI Secretary within five (5)
    calendar days of the receipt of written notification of the A&D
    Committee ruling.
    b.
    Include a $15.00 deposit which will be refunded only if the GSA
    Board overturns the ruling by the A&D Committee.
    c.
    Upon receipt of the written notice, the board shall schedule the
    time and place of the hearing for the appeal of the A&D ruling.
    The Board shall immediately notify the following:
    -The coach of the team or individual(s) against or for whom the
    appeal is filed; and

    -The Chairman and members of the A&D Committee, none of
    which will have a vote in the appellate procedure or be present
    during closed deliberation.

    2.
    Any coach or player may appeal a finding of the GSAI Board to the
    Appeals and Disciplinary Committee of NTSSA as prescribed by the
    NTSSA Rules.
    C.
    Violations:
    1.
    Upon written receipt of an alleged violation of the Bylaws and/or rules,
    the A&D Committee procedures shall be followed.
    2.
    A coach, player, spectator, Board Member, or any other member of the
    Association that is found guilty of violating the rules and/or Bylaws of
    NTSSA or GSAI shall be penalized the prescribed penalty, if stated,
    and/or any additional penalty imposed by the A&D Committee.
    Page 3

    Page 13

    Plaintiff's Third Amended Original Petition Heather Dobrott vs. David Arciniega and Garland Soc.pdf

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    https://www.umbel.com/blog/sports/10...it-in-america/

    Soccer is exploding while David Arciniega's Garland Soccer implodes!

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    09/09/2016 NOTICE OF HEARING / FIAT
    Document Dobrott Notice of Hearing 9-8-16.pdf
    Comment: MOTION - COMPEL
    09/23/2016 Motion - Compel
    Judicial Officer: MOLBERG, KEN
    Hearing Time: 1:30 PM
    If David Arciniega and his blind followers are so professional and honest, then where are the responsive docs that all of them are responsible for turning over?

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    Re: Jevin Inc. / Dan Ptak / Online Sports Organization Management Software / David Arciniega / Garland Soccer / Chargeba

    Organization # 13 (for 2016 alone) has contacted me about having problems getting their registration money from Jevin. They claim that they are owed $15,000.00. Jevin is clearly in trouble. More reports with the police and chargebacks will likely be forthcoming.

    This issue of money missing with no documentation provided to the board is in my lawsuit and if Dan Ptak and David Arciniega think they won't be turning over documents and have their depositions posted online, then they are in for a big surprise!

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    Re: Jevin Inc. / Dan Ptak / Online Sports Organization Management Software / David Arciniega / Garland Soccer / Chargeba


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    Re: Jevin Inc. / Dan Ptak / Online Sports Organization Management Software / David Arciniega / Garland Soccer / Chargeba

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    Swami Ptak pushed this gambling crap through 2003, well after he had started his Jevin disaster.

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    A longtime coach shared some "news." There is talk about David Arciniega "usurping" the power of the GSA board. There is talk of an investigation going on and that certain board members are in trouble for the way Garland Soccer has been run. The fact that David Arciniega refused to document missing money and denies the board any access to financial source records such as check stubs, bank statements and Jevin records is no secret. David Arciniega refusing to allow Ethics and A & D Committees to be formed and running GSA as a dictatorship where harassment and intimidation is rampant is also no secret.

    U.S. Supreme Court Justice Louis Brandeis's statement that "sunlight is said to be the best of disinfectants" speaks to the real problem in GSA. The lack of transparency is destroying Garland Soccer. I got a fraction of the discovery that was due and the clowns listed every single page as confidential. Since when should agendas and season timeline dates be a secret from the members and public? David Arciniega's secret meetings and total flouting of the by-laws should have gotten him removed years ago.

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    September 18, 2016 desperate Garland Coach wrote:
    Morning *^&% parents / players,
    Although it rained heavy this morning it looks like the park will be dry enough for practice this afternoon. There is still a large coverage between 11:00 AM and 1:00 PM so will update everyone after that time..
    On a separate note one of our teams needs some help. Although there were 14 players added to this roster we only have 10 now and our 2006 Girls had to play the game with less players on the field yesterday.
    North Texas Soccer and... GSA has a rule that allows current roster teammates to invite a friend to play on their team. The only restriction is the invited player can't have played in any North Texas Soccer team the last two seasons.
    Do you know any school friend, family, friend or any acquaintance that have a 2006 Girl that might want to play soccer? Please let them know we need players to help our girls(we really have a good team but our players get winded / tired in 100 degree weather and that is what happen yesterday). We try to play soccer the whole year so no experience in soccer is necessary and our goal is for our players to learn the game and make new friends.
    Short rosters are a huge problem with registration that goes into the middle of the season betting on players that usually never materialize. And, with the problems and bad publicity, Garland Soccer continues to implode.

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    https://standardsforexcellence.org/c...-transparency/

    Lack of transparency and the president David Arciniega hiding all financial records to back up the Quicken reports is destroying GSA. The secrecy and lies must stop!

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Do Sociopaths Believe Their Own Lies?


    Dr Joseph M Carver, PhD


    Reader’s Question

    When a sociopath tells a lie, do they know it’s a lie or do they believe the lie?
    Psychologist’s Reply

    A Sociopath, also known as an Antisocial Personality Disorder, is a member of a diagnostic group known as ‘Personality Disorders‘ (see my introduction to personality disorders on this website). Without question, an Antisocial Personality is well aware they are telling a lie and in fact, lie very purposefully in an attempt to manipulate others, deny personal responsibility, escape the consequences of their behavior, or place them at some advantage. Telling a lie is always an option for an Antisocial Personality, especially when their behavior has caused them some social or personal difficulties.
    Sadly, Antisocial and criminal personalities lie as a lifestyle. Their lies range from daily excuses and promises to complex schemes and scams that are based on a series of lies and deceptions. Some criminals (antisocial personalities) develop a set of lies/deceptions to con and steal from others, as we’ve seen in the media recently. Criminals develop false identities, companies, money schemes, check forgeries, etc. In my experience, Antisocial Personalities have no remorse, empathy, guilt, or concern for the victims of their lies: their personal situation is their only priority.
    An Antisocial Personality doesn’t believe his or her lies — but that doesn’t bother them. It’s actually worse than that. They are only concerned that their victim believes the lie and for that reason, if they suspect you aren’t totally accepting their current lie, they will offer additional lies and promises until you are convinced. A physically abusive Antisocial Personality will actually blame his victim for the assault and if the victim doesn’t accept the lie, they will quickly use another lying strategy such as a promise to enter therapy, stop drinking, etc. When confronted, their major goal is to escape the consequences of their behavior — nothing else really matters. Once the lie works to their benefit, such as avoiding arrest or marital separation, they return to their previous behavior.
    Antisocial Personalities are not delusional and do not live in a fantasy world. They live in their world, where everyone around them is a potential victim. They fully realize they are telling a lie. They also know they will tell another lie if their first lie is discovered. Honest individuals have a personal investment in their word and promise, linking their sense of self-worth and self-esteem with their honesty. An Antisocial Personality has a personal investment in their survival and selfish demands — with no investment in their given word or promises. If you don’t like their first lie…wait a few minutes and you’ll receive another.
    This does make me think of a certain leader in soccer. This kind of behavior destroys any group where an individual like this infiltrates the organization.

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    I reviewed the paltry discovery turned over. David Arciniega is still hiding mountains of discovery and lying about the existence of other discovery that I have the other end of the e-mails for and can prove exist. Even discovery that he agreed would be turned over was not produced.

    The hearing for the Motion to Compel is in 2 weeks. Do I really have to subpoena board members to find out if they or their lying president, David Arciniega, is behind these continuing dirty tactics?

    https://www.scribd.com/document/3182...tion-to-Compel

    David Arciniega is still months later hiding all of the financial records. What really happened to the charity's missing money? Why are a youth charity's financial records secret when they are supported by tax dollars and the hard earned money of local families?

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    Re: Jevin Inc. / Dan Ptak / Online Sports Organization Management Software / David Arciniega / Garland Soccer / Chargeba

    David Arciniega insisting on retaining Jevin Software was pure genius:

    Funds mishap has Northeast little league struggling to play ball
    According to Jevin, a freeze was placed on all the accounts the company has due to a youth football league in Utah demanding refunds.
    That is now 14 organizations reporting late or missing payments since May of this year of 2 - 50 grand each and totaling well over $300,000.00.

    It looks like the chargebacks have finally shut this scam down!

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    58

    NELL Fraud Recovery Fund

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    The Board of Directors of Northeast Little League is saddened to inform you that we have been the victim of fraud by our league management vendor. The fraud consists of all registration fees paid for the Fall baseball and softball seasons. Despite repeated demands, our vendor has refused to return the money that we need to keep our Organization alive and thriving.

    Conversations with other leagues and the St. Petersburg police make clear that we should hold little hope that any funds will be recovered directly from our vendor.

    Approximately 60% of our funds are derived from registration fees. NELL is in the rare situation of owning the facilities on 1st Street and we are responsible for all operating expenses related to the facility. Largely because of this fact, this is a potentially catastrophic loss - not just for our ability to fund the day to day operations of our league, but also for the necessary long term maintenance and other improvements we had hoped to make so our kids have a better place to play.

    NELL has been able to operate for nearly 60 years not only because of the support of its families but also the support of the local community. It is in this spirit that we ask for any contribution you can make to help us keep the league thriving while we pursue all avenues to collect the money illegally withheld from NELL.

    In closing, it is heartbreaking to have to bring this news, but we know the type of community we have and we will persevere through this crisis. Thank you for your support to the kids of NELL.

    Kindest Regards,

    NELL Board of Directors

    PS: All donations to GoFundMe are tax deductible.
    They can place the blame squarely on the shoulders of Garland Soccer President and NTSSA Board Member, David Arciniega. He has been hiding financial records from the board members and charity members for years. I filed a police report about missing money due to Jevin in 2013 and David Arciniega stopped the police from investigating and forced Garland Soccer to continue using Jevin.

    David Arciniega's secreting documents and allowing the Jevin scam to go on unchecked has costs charities across the country tens of thousands of dollars. He must be removed immediately!

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Facebook posts on the Garland Soccer page:


    Facebook © 2016

    News Feed


    Leah Rose Barnett reviewed Garland Soccer Association1 star

    May 7 ∑

    The soccer fields are great! GSA's Refs are atrocious!!!!!! I might as well flush my money down the toilet. You definitely DO NOT get your money's worth. The kids learn a lot about ref's favoring a team more than the game of Soccer! Horrible horrible horrible

    Garland Soccer Association


    Leah Rose Barnett
    The past year enrollment has decreased by half. We got out of that organization. So much better!LikeReply ∑ 10 hrs
    Garland Soccer parents are speaking out and abandoning ship is record numbers!

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    This is the perfect example of why Garland Soccer's numbers are plummeting. David Arciniega's blind followers did nothing in response to this!

    http://www.brutalattack.org/index.ph...r-association/

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    Re: Jevin Inc. / Dan Ptak / Online Sports Organization Management Software / David Arciniega / Garland Soccer / Chargeba

    Recent Sites
    Unique Visitors MOM%
    jevin.net 9,716 -42.32%
    gotsoccer.com
    190,352 48.27%
    siplay.com 270,260 21.15%

    Jevin traffic continues to plummet. Accounts being frozen, presumably due to tens of thousands of chargebacks, will most likely keep this scam shut down for good.

    David Arciniega lying to the Garland Police in order to stop them from investigating in 2013 has hurt at least 15 other charities. The late and missing payments total $350,000.00. David Arciniega must be removed from all soccer activities immediately as he has a long history of putting money and kids in grave danger.

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    RYSA Calendar


    • Oct
    • 20

    End Of Season Coaches Meeting - FALL 2016


    • 7:00pm-10:00pm CDT
    • Pearson Elementary
    • Hello RYSA Coaches & Managers!

      The end of the Fall season is upon us! Please plan to attend the semi-annual RYSA Coaches Meeting. There will be good food for you and we'll be giving out great door prizes!
      We have several open positions on the Board. Please consider joining or nominating a peer.
      GENERAL MEETING INFORMATION:
      1.4 Each member team shall have one vote at all meetings of the Association. A rostered adult of the member team shall be the official representative of said team in the conduct of the Associationís affairs and shall be entitled to vote on behalf of said team. The Association shall maintain a list of rostered adults, and only those whose names appear thereon shall be entitled to vote on matters of Association business.
      3.1.2. Each team is required to provide a rostered representative in order to vote for any rule changes, Board elections and general association business.
      3.1.4. The agenda of the meeting will be as follows:
      • Review of minutes from the last meeting.
      • Registration Issues.
      • Rules or Bylaws changes or updates.
      • Administrative procedures or responsibilities..
      • Questions or problems suggested by the team representatives.

      Please respond to this evite so we can have an expected attendance count.
      Thank you for your dedication!
      Rowlett Youth Soccer Association, Board of Directors
    • Tag(s): Home Calendar
    The members are treated like gold. There is food and a friendly atmosphere where nominations and questions and concerns from the floor are encouraged. This in contrast to Garland with its shroud of secrecy, rigged elections and flagrant harassment of those who demand honesty and transparency. In Rowlett teams are required to participate. In Garland most don't bother as they know their vote and input don't count and are not welcome.

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    Re: Jevin Inc. / Dan Ptak / Online Sports Organization Management Software / David Arciniega / Garland Soccer / Chargeba

    St. Petersburg Little League one of several nationwide missing money | Tampa Bay Times

    St. Petersburg Little League one of several nationwide missing money


    • By LaVendrick Smith, Times Staff Writer

    Sunday, October 23, 2016 11:00am




    53


    53



    • Print























    ST. PETERSBURG — With each swing of the bat, the Northeast Little League has managed to keep organized youth baseball alive this fall in St. Petersburg.
    Related News/Archive




    But president David Vann said a shortage of cash is presenting challenges for the league. One of its ballparks doesn't even have lights in center field because the league can't afford to replace ones that have burned out.
    "As we move into the fall, and the days get shorter, it's dangerous," Vann said. "It's just not safe for the older kids to be playing on fields where the lights aren't that good."
    The cash shortage is because the Northeast Little League still hasn't received $35,000 in registration fees from a company it hired to collect them before the season started in September, Vann said.
    Since writing about the missing fees this month, the Tampa Bay Times has identified at least 11 other sports organizations around the country reporting similar experiences with Jevin, a Texas-based sports-management company used by Northeast.
    "(It's) stealing from kids," said Randy Seifert, manager of one of the affected leagues. "That's the worst part."
    Those leagues serve players of all ages in states from Utah and Colorado to Texas, Louisiana and Maryland. Representatives of each league say Jevin collected registration fees on their behalf, then either delayed payment or didn't give them their money at all.
    Some have turned to local law enforcement agencies. Across the dozen leagues contacted by the Times, including Northeast, the delayed or missing payments add up to at least $250,000.
    Seifert, manager of the Centennial Youth Baseball-Softball Association in suburban Denver, said he first noticed in March that his youth baseball program hadn't received nearly $80,000 he said Jevin owed it.
    Registration for its spring season started in December, and he said the league didn't receive any payments until mid May, when the company gave it half of what it was owed. The other half finally arrived in late June, he said.
    "The fact that this is not my money and I'm responsible for it, that scared the hell out of me," Seifert said.
    Seifert said the situation caused the league to delay buying uniforms and equipment, and put it in danger of cutting its season short.
    In New Orleans, an adult soccer league did have to shorten its season when it didn't receive $31,000 in registration fees its president said was owed to it in late January.
    Graham Bosworth, president of the Southeastern Louisiana Adult Soccer Association, said he first sought Jevin out as a way to simplify registration for his soccer league.
    "They had said they could modernize our registration," Bosworth said, "allow us to pay through their portal, so that we wouldn't have to collect cash or checks, which is the way the league was running at the time."
    What followed was much more complicated. Bosworth said after multiple attempts to reach the company, Jevin offered to give his league half of the money it had collected. Bosworth and the league filed a police report with police in Allen, Texas, where Jevin is located.
    Desperate for the money, Bosworth and members of the league started filing refund claims with their credit card companies. They've since gotten nearly all the $31,000 back.
    "It's a really frustrating experience," Bosworth said. "And the fact that this is happening to kids in addition to us, it's the worst part of it."
    Dan Ptak, the owner of Jevin, did not return multiple phone calls for comment last week. In a prior interview with the Times, he said the problems with the Northeast Little League began in Utah, where parents of a youth football league began requesting refunds from their credit card companies after their league was missing $45,000. That led to a hold being put on Jevin's account.
    Jevin helps sports leagues manage their day-to-day operations, including setting team rosters, creating league schedules and registering players for their sport.
    When participants or parents register to play, Jevin collects and processes their fees and takes a percentage before depositing the rest in each league's account. Representatives of several of the leagues reporting issues said their agreements with Jevin say that the registration fees collected will be deposited in their accounts within a set time period, typically 48 hours.
    Each of the leagues contacted by the Times said Jevin failed to honor that agreement. Instead, many said the company often paid in chunks every few weeks, even before they experienced longer delays this year.
    "We should've been getting payments, but (league officials) didn't make a big deal out of it until they realized the season was starting," said Michael Kline from the Frederick National Little League in Maryland.
    Kline said $18,000 in payments to his league were delayed in the spring, and the league is still missing $6,000. It also had an issue with delayed payments in fall 2015, he said. But after complaining and receiving all their money, Kline said league operators felt confident enough to continue using Jevin in 2016. Today, they're less optimistic about that decision.
    "We're sort of thinking that we're never going to see that $6,000 again," Kline said.
    One league, in Utah, learned its registration fees had been deposited into another league's account, according to a police report obtained by the Times. Ptak denied having done that with Northeast's money in his prior interview with the Times.
    In St. Petersburg, Vann said some parents with Northeast Little League have started filing claims with their credit card companies to recover their money.
    Vann said he spoke with Ptak last week. He said Ptak accused the Northeast Little League of defrauding Jevin by requesting those refunds — called chargebacks — while the money is locked in Ptak's account. Vann said after weeks of not being paid, something needed to be done.
    "He said that since we had done the chargebacks, that he can't pay us," Vann said. "And I said, well we didn't do chargebacks for 60 days, and you didn't pay us either."
    Vann said the league still hasn't received any money from Jevin but has gotten about $10,000 through chargebacks and $13,000 through donations from the community.
    The league intends to see the rest of the season through, and is hoping to recover all $35,000 owed before it has to make rental payments for its fields in December. Registration for the league's 2017 spring season begins in January, though Vann said he isn't sure if the league will still use Jevin for registration.
    "I can't say," Vann said. "I can't say."
    Contact LaVendrick Smith at (727) 893-8644 or lsmith@tampabay.com. Follow @LaVendrickS

    St. Petersburg Little League one of several nationwide missing money 10/23/16 [Last modified: Sunday, October 23, 2016 12:30pm]
    Photo reprints | Article reprints
    Guess who gave this incredibly talented reporter all the contact info for the leagues missing money! Quick, Dan Ptak, sue me. Discovery and all your financial records would absolutely be the bomb!!!
    Last edited by Soapboxmom; 10-23-2016 at 03:12 PM.

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Thanks to David Arciniega lying to the Garland Police and stopping them from investigating Jevin / Dan Ptak in 2013:

    Special Events Press Release: Update on Financial Situation



    Dear NELL Community,
    With a few weeks remaining in the Fall season, we wanted to provide you with an update on our financial situation. As we communicated last month, our software vendor Jevin failed to pay us our $40,000 registration fees for the Fall. To date, they still have not paid us a single penny, and we continue to pursue legal action. However, the support from our community has been strong and we feel confident about our future.

    In our original email to our Fall families, we asked everyone to call their credit card company and report fraud by Jevin. This would allow each family to receive a refund from their credit card, which would provide each family the ability to pay us directly by check or cash. We learned from other victims of Jevin that this could be an effective strategy since we could control the outcome. To date, roughly 25% of our families have taken this action and we have received about $10,000. We ask that all Fall families who have not initiated this process to do so ASAP. We want to collect as much of the $40,000 as possible.

    We have also received over $14,000 from the GoFundMe Page that we established to collect donations. Thanks to the generosity of our community, we have been able to pay most critical bills to keep operations running along through the spring season. If you would still like to donate, please visit our donation page at https://www.gofundme.com/2r6vryc.
    Finally, our board has identified a replacement software vendor to Jevin. We plan to have this new system online in time for the spring season. When the Fall season concludes, we plan to officially turn off Jevin and communicate to everyone that the Spring registration is ready.

    Thank you to everyone for your support!

    David Vann
    President, Northeast Little League
    Related Items:homepage

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Management Company Gives Little Leaguers Run-Around - Athletic Business
    Management Company Gives Little Leaguers Run-Around



    by Courtney Cameron October 2016

    As the autumn days get shorter in St. Petersburg (Fla.), little leaguers are faced with the spooky prospect of playing out the rest of the season in the dark, if the St. Petersburg Little League canít get the money together to pay their electric bill. The monthly cost to run the floodlights at the field is around $1,000.

    The league has profits from registration and fees wrapped up in a management company called Jevin, which is facing chargebacks from a dozen or so other leagues. The St. Petersburg organization has not seen any sign of the $35,000 owed to them by Jevin.

    League president David Vann has tried multiple times to contact employees at Jevin, but hasnít made much progress. Vann told Channel 8 News that rather than an explanation as to where their money is, he has been provided with a lot of excuses: ďDog died, sorry Iíve been out of town, Iíve been sick.Ē

    The situation has Vann worried for the safety of his kids. ďAs we move into the end of the season, weíre going to be playing in the dark all the time, which can be more dangerous for bigger kids hitting the ball high in the air,Ē
    Jim Kenrick, soccer dad and coach and manager for the league, is having a hard time wrapping his mind around Jevinís actions, calling it akin to theft. ďItís hard to believe that people would steal from kidsí futures and their ability to play,Ē he said.

    So far, the St. Petersburg league has scraped by using a GoFundMe account to pay for uniforms and ballfield maintenance, but officials say this is a short-term solution.

    Courtney Cameron is Editorial Assistant of Athletic Business.
    Why is the North Texas State Soccer Association ( NTSSA ) allowing that liar David Arciniega to stay on their board when his dishonesty and corrupt ways are destroying their reputation and costing other charities tens of thousands in devastating losses?

    Certain Garland Soccer board members supported David Arciniega as for all practical purposes he aided and abetted Dan Ptak's antics. Stopping that investigation by the Garland Police in 2013 was catastrophic!

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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Groupthink is a psychological phenomenon that occurs within a group of people in which the desire for harmony or conformity in the group results in an irrational or dysfunctional decision-making outcome. Group members try to minimize conflict and reach a consensus decision without critical evaluation of alternative viewpoints by actively suppressing dissenting viewpoints, and by isolating themselves from outside influences.

    Groupthink requires individuals to avoid raising controversial issues or alternative solutions, and there is loss of individual creativity, uniqueness and independent thinking. The dysfunctional group dynamics of the "ingroup" produces an "illusion of invulnerability" (an inflated certainty that the right decision has been made). Thus the "ingroup" significantly overrates its own abilities in decision-making and significantly underrates the abilities of its opponents (the "outgroup"). Furthermore, groupthink can produce dehumanizing actions against the "outgroup".....

    Symptoms

    To make groupthink testable, Irving Janis devised eight symptoms indicative of groupthink.
    Type I: Overestimations of the group — its power and morality

    1. Illusions of invulnerability creating excessive optimism and encouraging risk taking.
    2. Unquestioned belief in the morality of the group, causing members to ignore the consequences of their actions.

    Type II: Closed-mindedness


    1. Rationalizing warnings that might challenge the group's assumptions.
    2. Stereotyping those who are opposed to the group as weak, evil, biased, spiteful, impotent, or stupid.

    Type III: Pressures toward uniformity


    1. Self-censorship of ideas that deviate from the apparent group consensus.
    2. Illusions of unanimity among group members, silence is viewed as agreement.
    3. Direct pressure to conform placed on any member who questions the group, couched in terms of "disloyalty"
    4. Mindguards— self-appointed members who shield the group from dissenting information.

    Causes

    Janis prescribed three antecedent conditions to groupthink.[7]:9

    1. High group cohesiveness
      • deindividuation: group cohesiveness becomes more important than individual freedom of expression

    2. Structural faults:
      • insulation of the group
      • lack of impartial leadership (corrupt leader)
      • lack of norms requiring methodological procedures
      • homogeneity of members' social backgrounds and ideology

    3. Situational context:
      • highly stressful external threats
      • recent failures
      • excessive difficulties on the decision-making task
      • moral dilemmas.....


        1. Each member should discuss the group's ideas with trusted people outside of the group.
        2. The group should invite outside experts into meetings. Group members should be allowed to discuss with and question the outside experts.


    David Arciniega's manipulation and lies have led to Garland Soccer becoming totally corrupt. Groupthink has kept the few honest and hardworking members on the board from being able to clean it up. The harassment and intimidation is absolutely rampant.

    President:

    Vice President:

    Treasurer:

    Facility & Equipment Director:

    Special Events & Training Director:

    Publicity & Awards Director:

    Referee Director:


    U4 - U6 Director:
    Kathleen Robinson

    U7 - U8 Director:

    U9 - U10 Director:

    U11 - U12 Director:

    Major League Director:
    The five age group directors listed are up for election in December. Jesse Flores has had a deluge of complaints from the major league coaches and is doing terrible harm to this charity. Kathleen Robinson blindly follows corrupt leader David Arciniega and should have been removed years ago. Alex Gutierrez has 4 teams and must be totally overwhelmed with that much responsibility.

    Darcy Quintana and Don Starkey are blind followers of and attack dogs for the corrupt president, David Arciniega, and hopefully will do the honorable thing and resign immediately.

  25. #350
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega


    Notice this youth sports charity invites all of their families to every board meeting and their contributions are welcomed. Why is David Arciniega harassing and attacking board members who honestly deal with Garland Soccer's members keeping them fully informed and representing them well? What are David Arciniega and his goon squad really up to?

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