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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

    http://richardsonsoccer.org/docs/FAQ_Parent.pdf

    Richardson Soccer is about to start spring 2017 registration which is open for everyone in North Texas. Award winning customer service as always! Garland Soccer should take note of how the successful associations are run. They are once again partnering with the top association in North Texas, Plano Youth Soccer!

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

    Darcy Quintana Garland Soccer Director Cease & Desist.pdf

    Well, Darcy Quintana, where are those "false statements?" Where is that lawsuit? It has been 5 months. The statue of limitations......

    Again, it is totally unethical for you, your husband and Garland Soccer President David Arciniega's other blind followers to bring me up for a No Confidence vote for:

    1. Supporting the best candidate (the gentleman running against David Arciniega was a far superior choice) for president of the charity (Garland Soccer). State law requires directors act in the best interest of the non-profit. Clearly your public humiliation and attacks on those that don't vote for David Arciniega is proof positive the elections are rigged and explains the number of coaches and players plummeting.

    2. Filing a police report with the Garland Police concerning the 8 grand missing due to Jevin Sports Management Software. My legal duty is to protect the corporation (and its assets) and not the corrupt leader David Arciniega. Thanks to David Arciniega lying to the police and stopping them from investigating, numerous other charities are out tens of thousands of dollars. Where is all the documentation on this, Quintana?

    St. Pete Little League struggling to get by, owed $35,000 | WFLA.com

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

    Management Company Gives Little Leaguers Run-Around - Athletic Business

    http://www.northeastll.com/press-release-update-on-financial-situation/

    SVYF Update 10/17 | Skyview Youth Football

    3. Going to Garland Soccer's legal parent organizations North Texas State Soccer and US Youth Soccer with questions, grievances and appeals. Money and safety issues have never been properly addressed.

    You, Darcy Quintana, started this public fight, so you are getting the public fight you asked for. You are worried about your employment with Walnut Hill Medical Center? Good luck explaining to them your involvement with the Jevin debacle (as in not fulfilling your fiduciary duty and protecting the corporation's / charity's assets.) What about my employment and future with the host of lies you and the other blind followers have told about me? So, tell us again, Quintana, who is harassing, attacking and defaming people. You are exceedingly dirty, aren't you Quintana?!

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

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

    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

    Jevin now has an 18th league that is out money. I found their story on a GoFundMe page and confirmed that 2 months later they are still out thousands. The folks running the league are having to fund it out of their own pockets. I gave them the contact information for the police and Dallas Better Business Bureau.

    Shockingly, I have had several phone calls from coaches that say the Coaches Meeting letter says that Garland Soccer is still going to use Jevin and risk Garland families' money and the league data. David Arciniega is totally corrupt. I advise all players and coaches to register elsewhere as the money and the kids are clearly not safe.

    https://www.gotsport.com/asp/applica...18&Type=PLAYER

    https://www.gotsport.com/asp/applica...rogramID=54645

    Mesquite Soccer Association - (Mesquite, TX) - powered by LeagueLineup.com

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

    Dear Coaches,

    I filed suit to save Garland Soccer and put an end to the harassment, intimidation, lies and secrecy. David Arciniega has run GSA like a dictatorship when it is in reality a 501 c 3 charity and should be totally transparent. I filed suit to ensure that going forward GSA would follow its own by-laws, NTSSA by-laws, US Youth by-laws and state law concerning fiduciary duties. The GSA directors are elected by the membership at large and represent the member coaches who in turn represent their players and players' families. The directors are supposed to serve the charity and its members and follow the by-laws and state law. NOT Arciniega's Law!!!

    GSA has lost every round in court and the judge denied their Motion to Abate:

    https://www.scribd.com/document/3222...otion-to-Abate

    The judge agreed that GSA and NTSSA did not follow their own by-laws and that I had every right to be heard in court. When GSA asked to mediate and settle, I generously agreed to work with them. I am asking the coaches to stand united and demand that David Arciniega and his clueless followers follow the by-laws and state law and that all of my issues be heard as they should have been years ago. Coaches, please demand that every aspect of this lawsuit and its settlement be made totally public and transparent by David Arciniega and GSA. Please find following part of a letter from my attorney:

    The following are the issues on which Plaintiff requests and is entitled to a hearing:

    1. GSA misused GSA funds when Arciniega continued to retain Jevin, GSA’s software provider for GSA 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.

    2. GSA’s retained 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.

    3. 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.

    4. In 2014, GSA Director, Angela Bowen-Hearn, missed seven of the previous 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.

    5. GSA’s misused proxies which resulted in irregularities and illegalities in GSA elections for 2012, 2013, and 2014.

    6. Arciniega filed a meritless, arbitrary, and capricious A&D Charge against Dobrott which was heard by the GSA Board and not the A&D Committee as the GSA Bylaws require for “instructing in the placement of a new coach, along with his son, to an existing team without following proper procedures.”


    7. Arciniega was the complainant on a “No Confidence Petition” against Dobrott which was meritless, arbitrary and capricious and which was filed against Dobrott in retaliation for Dobrott supporting the candidate running against Arciniega in the 2013 spring GSA election.

    There have been no GSA findings on any of these complaints by Plaintiff.

    As to issue number 1, a forensic audit should be done and independent counsel should be appointed to ascertain what happened with the "missing money" due to Jevin and why David Arciniega lied to the Garland Police and stopped the investigation after I filed a report about the missing money. Why Arciniega continues to retain Jevin when 18 charities have had late or missing payments totaling over $400,000.00 in 2016 alone needs to be investigated.

    As to issue number 2, a hearing should be held to determine why David Arciniega insisted on retaining a director married to a sex offender (with a child victim) who couldn't drive and was not fulfilling her duties. Arciniega should be held accountable for violating the whistleblower policy by alerting that felon I had given NTSSA his criminal records. Mysteriously, the director's and sex offender's house burned down a second time in 14 months and they tried to pin me with arson. I had to keep the investigation secret while board members sympathetic to Arciniega attacked me for harassing this director married to the sex offender. For a second time I was harassed by David Arciniega and his clueless followers for doing the right thing and going to the authorities.

    As to number 3, all agendas, board meeting minutes and board member reports should be published on the website and available in the office. All board meetings should be completely open and welcoming. Executive session should be an extreme rarity to discuss a sensitive contract, issue or background check appeal only as NTSSA's VP instructed the board.

    As to number 4, a hearing for charges related to David Arciniega's violations of the Whistleblower Policy should be held.

    As to numbers 5 and 7, the rigged elections that had referees coming in with proxies given to them by Gayle Brandt and her husband with the referees being specifically told to vote for Kim Verity need to be investigated and charges filed. Also the No Confidence Vote that publicly attacked me for supporting and voting for a candidate running against David Arciniega requires charges be filed against David Arciniega and anyone that signed (Erick Quintana,coach husband of director Darcy Quintana, Crystal Martin, wife of convicted sex offender, Jaime Hearn, husband of director Angela Hearn, Juan Ramirez, director who angrily stormed out when a coach came to a board meeting) or voted in favor of it. State law requires coaches and directors vote in the best interest of the non-profit corporation. David Arciniega must be held accountable for harassing, intimidating and publicly attacking us for voting our conscience. No coach or director should be afraid to vote their conscience. I have the e-mails that prove David Arciniega was behind that in retaliation for me voting for a (far more qualified) candidate that opposed him.

    As to number 6, an A & D hearing must have a decision letter issued that gives the accused the right to appeal. David Arciniega dragged Rachel Beltran and I up on phony charges when the player pool placed a correct age child on the same team as his parent coach. Who is the world would have their child on a different team and play against them? David Arciniega attacked us in front of the GSA board with this pure nonsense and then refused to issue the required letter that would allow us our appeal at NTSSA. I demand that letter be produced!

    Thank you coaches for all the wonderful things you do for our kids. Now, it is time that we take back this association!

    Thanks,

    Heather Dobrott
    Administrator for Realscam
    This is the letter I sent out to the Garland Coaches and North Texas State Administrators yesterday as the Garland Soccer General Coaches meeting is tomorrow, December 8th. Mediation for the lawsuit as requested by Garland Soccer is on December 16th and I will demand that all of these issues be heard as they should have been years ago. Every current and former director involved in these should be prepared to face charges according to the by-laws.

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

    Mesquite Soccer proclaims:
    Thank you to all the coaches that attended the meeting!
    We are excited about the new changes coming to our association!
    See our bylaw changes that were approved to allow complete teams from neighboring North Texas sanctioned associations to join Mesquite Soccer Association!
    Mesquite is now taking (registering) teams intact. Richardson and Plano confirmed by phone months ago that they would also take teams intact. As Garland is is crisis and the U15 and up has too few teams to make workable brackets, all Garland families and coaches should be looking at all of their options. I hope a new Garland Soccer under totally new management will be ready to welcome all Garland citizens back with open arms in the future.

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

    A week after the election, Garland Soccer has yet to update the website, so the age group directors running the association cannot be contacted for questions or help.

    Plano Youth Soccer and the many fine associations that play with them have been registering for the spring season for weeks. North Texas is open territory and players can register in whatever association they wish. Plano's registration ends on December 30th. The unorganized disaster, Garland Soccer has not even opened registration yet. Garland Soccer still lists its registration software as Jevin. Who would risk their money and data with that scam?

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

    https://slappedintexas.com/primer/

    Here are some quick highlights about the Texas Anti-SLAPP statute which is codified at Texas Civil Practice & Remedies Code, Chapter 27:


    • The statue allows a judge to dismiss frivolous lawsuits filed against one who speaks out about a “matter of public concern” within the first 60 days. “Matter of public concern” is defined expansively in the statute.


    • The Anti-SLAPP motion is supported by affidavits explaining to the court that the lawsuit is based on, relates to, or is in response to one’s exercise of his right to free speech, right to petition or right of association.


    • The burden of proof is initially on the party who files the Anti-SLAPP motion to establish (by a preponderance of the evidence) that the lawsuit was filed in response to the exercise of his First Amendment rights. Then the burden shifts to the plaintiff to establish (by clear and specific evidence) a prima facie case for each essential element of the claim.


    • The statute creates a stay of discovery in a lawsuit while an Anti-SLAPP motion is pending and/or appealed. The court has discretion to order discovery pertaining to the motion if it feels it is necessary.


    • The statute provides for mandatory fee shifting when a party wins an Anti-SLAPP motion so that the person or entity wrongfully filing a lawsuit must pay the defense costs. There is a discretionary fee award if the Court finds that the Anti-SLAPP motion was frivolous or brought solely for the purpose of delaying the proceedings.


    • The statute provides an immediate right to an expedited appeal if the Anti-SLAPP motion is denied.


    • The statute applies to lawsuits or “legal actions” (which includes claims and counterclaims that implicate First Amendment rights) filed on or after June 17, 2011.
    Anti-SLAPP Law in Texas | Digital Media Law Project

    The Texas Citizens Participation Act, H.B. No. 2973, allows you to counter a SLAPP suit against you based on your statements in exercise of your right of free speech, petition, or association. The statute provides for a special motion to dismiss, and allows (with some exceptions) for a stay of discovery proceedings while your motion is being considered. If your motion to dismiss is successful, the court will award you attorneys' fees, court costs, and possibly punitive damages against the party that filed the lawsuit....

    The statute defines a "matter of public concern" as as issue related to health or safety; environmental, economic, or community well-being; the government; a public figure or official; or a good, product or service in the marketplace.....

    If you succeed in fending off a SLAPP lawsuit in Texas, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Texas does not have a special form of process for a "SLAPPback" claim, the elements of a malicious prosecution claim are similar.
    That is why Garland Soccer and / or its individual directors have not sued me, though there have certainly been threats and lots of crazy rumors going around.

    Children being raped with no substantive response, money not properly accounted for, hundreds of thousands of dollars risked with a vendor that owes ten of thousands to charities cross the country, dirty elections, a sex offender handling records, placing children with disabilities out on the field where they may be a danger to themselves and others, and many other serious issues are all matters of public concern. Garland Soccer is a public charity that serves hundreds of children. If the officers and directors can't handle public criticism then they should not be in such high profile and high pressure positions.

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

    North Texas State Soccer members are mired in litigation:

    http://www.realscam.com/f14/ntpsa-no...29/#post110278

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    Re: NTPSA North Texas Premier Soccer Association Lawsuit / Larry Hall / Robert Malphurs

    Who is Most Likely to Commit Fraud at Your Company?

    September 2, 2010 - AUSTIN, Texas-- A fraud suspect might not be easy to pick out of a crowd -- or from a rap sheet.

    The average fraud perpetrator has no prior fraud charges or convictions, according to new research by the Association of Certified Fraud Examiners (ACFE), the world's largest provider of anti-fraud training and education...

    Behavioral red flags, tenure at an organization, position and educational background are all criteria examined in the ACFE's 2010 Report to the Nations on Occupational Fraud & Abuse....

    High-level perpetrators cause the greatest damage to their organizations. Frauds committed by owners/executives were more than three times as costly as frauds committed by managers, and more than nine times as costly as employee frauds. Executive-level frauds also took much longer to detect.
    Fraud offenders were likely to be found in one of six departments. More than 80 percent of the frauds in the study were committed by individuals in accounting, operations, sales, executive/upper management, customer service or purchasing....

    Most of the fraudsters in the study had never been previously charged or convicted for a fraud-related offense.....
    Fraud perpetrators often display warning signs that they are engaging in illicit activity. The most common behavioral red flags displayed by the perpetrators in our study were living beyond their means (43 percent of cases) and experiencing financial difficulties (36 percent of cases)....

    "Fraudsters exhibit behavioral warning signs of their misdeeds," said ACFE President James D. Ratley, CFE. "It's important to remember that this human element of fraud -- demonstrated in red flags such as living beyond one’s means or exhibiting control issues -- is not identified through an audit or other traditional controls.

    "This is why the staff at any organization should be trained to recognize these and other common behavioral signs that a fraud might be occurring," Ratley said. "Moreover, they should be encouraged not to ignore such red flags, even when discovered by accident, as they might be the key to detecting or deterring a fraud."....

    Contact the ACFE
    For more information, email PR@ACFE.com.
    The court docs so far made available make it obvious that the board of North Texas Premier Soccer does not know about the land and the financial issues surrounding that. Larry Hall and David ARciniega are also on the North Texas State Soccer board. God only knows what is going on there!

    Garland Soccer is run in the same shroud of secrecy. I was constantly viciously attacked because I demanded proper documentation on money missing in Garland Soccer. David Arciniega tried to push through a very public No Confidence vote against me because I went to the Garland Police and North Texas State Soccer about the issues and I dared to support a more qualified candidate that ran against him. Garland Soccer is an atmosphere of intimidation and harassment due to David Arciniega. The Garland board was barred by Arciniega from seeing bank statements, check stubs, Jevin Sports Management Software internal financial records and other documents that would have proven what happened to the missing money. David Arciniega hid everything from the board and the Quicken books pages could not be substantiated. What does a public charity have to hide?

    Thanks to David Arciniega lying to the Garland Police and stopping their investigation in 2013 another 19 charities have had late or missing payments totaling more than $400,000.00 from Jevin and numerous reports to the authorities have been made. Shockingly David Arciniega is still forcing Garland Soccer to use that vendor.

    With these obvious questions over the land and finances in NTPSA and Garland why has the North Texas State Soccer board not stepped in and taken jurisdiction and thoroughly investigated all these issues? Time for the local associations to look at their options. South Texas select has gone with US Club and North Texas groups are following suit. I have also heard wonderful things about AYSO. North Texas is hopelessly inept, mismanaged and corrupt as they continually protect possible wrongdoers and never follow their own by-laws and investigate. Folks like David Gray and I who have morals and conviction are left to fight this corruption in court because North Texas can't resolve its own issues. Beyond ridiculous!

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

    Management Company Gives Little Leaguers Run-Around - Athletic Business










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

    Living Through a Lawsuit
    U S Youth Soccer Risk Management Committee


    (Information abstracted from U.S. Olympic Committee guidelines.)

    HELP! I'VE JUST BEEN SUED!
    What to do?

    • Call your insurance company or agent immediately.
    • Photocopy the summons/ complaint/petition along with any other pertinent documents.
    • Mail the original of summons/ complaint/petition and other documents to your insurance company via certified mail, return receipt requested or by fax; send a copy to your insurance agent and your attorney, if you have one. Also, make and keep copies for your file.
    • Request that your insurance company appoint an attorney to represent you.
    • Note the response due date (on the summons/complaint/petition) on your calendar.


    What NOT to do!

    • DO NOT discuss the case with anyone other than your insurance carrier or your attorney.
    • DO NOT have any contact with the plaintiff/complainant.


    HI! I'M YOUR ATTORNEY.
    You should receive either a letter from your insurance carrier telling you the name and address of the attorney assigned to your case, or a call from the attorney telling you he/she has been assigned to defend you.

    If you don't hear from your insurance representative or from an attorney appointed by the company within five (5) days prior to the response due date, call your insurance representative and consult with your own attorney about filing an answer/response within the specified time period. This will prevent a default judgment from being entered.

    I HAVE TO DO WHAT!!?

    • Your defense attorney will eventually call you and ask for any details you have about the incident giving rise to the complaint.
    • Please take the time necessary to provide the information. He/she is only trying to help you.
    • Make sure any employees, coaches, volunteers, players or others involved in the incident which is the basis of the suit are available to be interviewed.


    WHAT IS DISCOVERY?

    • Discovery is the method by which each party to the lawsuit discovers the other party(ies) positions and their basis.
    • Discovery includes interrogatories, which are written questions, many of which only you can answer. The plaintiff can file written interrogatories and your attorney will advise you which questions must be answered. Don't be afraid to ask your attorney if you don't understand what is being asked, or if a request for information or documentation is unclear.
    • Discovery can also include a request to produce documents which are pertinent to the incident.
    • This process can be very time consuming, but unless your attorney says that you don't need to answer a question or provide documents which are requested, it must be done, and done within a prescribed period of time. Your only consolation is that the plaintiff must do this also.
    • If you fail to provide the answers or documentation, a court can fine you and possibly not allow your attorney to use all of the defenses he/she feels necessary. This can jeopardize your insurance coverage.
    • Finally, the last type of discovery is a deposition. This is an oral examination, under oath, by the other party's attorney of persons that he/she feels may have pertinent information about the case. You, your coaches, volunteers, or employees may be asked by the plaintiff to give a deposition.
    • Your attorney will spend whatever time is necessary to prepare each person to be deposed.
    • A deposition is time consuming and inconvenient; however, it is not optional.
    • Your attorney will be present during the deposition to help guide you through the process. Follow his/her advice.


    WHAT HAPPENS NEXT?
    The case could be settled without a trial, possibly with mediation. Please remember that the decision to settle may be solely up to the discretion of your insurance carrier. Be sure you understand these terms, up front.

    If the case isn't settled, it will go to trial. Your attorney may ask to have a representative from your association at the defense table during trial. The presence of a person with your attorney at the defense table lends a human quality to your case. The plaintiff will be there in person. It's possible that his/her attorney will refer to the defendant as a company or a corporation, hoping that the jury will find it easier to render a verdict for his/her "poor client", by taking money from "this large, cold and impersonal corporation."

    Your attorney knows that attending a trial will take up a lot of your valuable time, but may determine it is necessary. The results in your local paper are not going to say that the plaintiff won a large verdict from your insurance carrier; the results will say they won a large verdict from your club or association. Please do your best to help.

    I PAY INSURANCE PREMIUMS, SO... WHY ALL THE WORK?
    The bottom line is that the litigation process takes a tremendous amount of cooperation and time from the persons involved. You have paid the insurance premiums to obtain professional help to guide you through the legal maze, if necessary. The burden, however, cannot be borne solely by your insurance company or by your attorney. They need your help and cooperation in order to provide you with a proper defense.

    WHAT IF THE PLAINTIFF DID NOT FOLLOW USYSA APPEAL PROCEDURES?
    The U S Youth Soccer Official Administrative Rulebook, Rule 4020, Section 7 (Penalties) states:
    No National State Association, official, club, league, team, coach, referee, or player or their representative, may invoke the aid of the Courts of any State or of the United States without first exhausting all available remedies within the appropriate soccer organizations as set forth in section 5(c) of this rule.

    For violation of this rule, the offending party shall be subject to the sanctions of suspension and fines, and shall be liable to the USYSA and State Associations for all expenses incurred by the USYSA and its officers, and state associations and their officers, as appropriate, in defending each court action, including but not limited to the following:

    1. court costs.
    2. attorneys fees.
    3. reasonable compensation for time spent by USYSA and State Association Officers and employees in responding to and defending against allegations in the action, including responses to discovery and court appearance.
    4. travel expenses.
    5. expenses for holding special National Youth Council meetings necessitated by court action.
    The clueless followers of Arciniega should actually read the lawsuit, all of my postings and this from US Youth Soccer. David Arciniega should have never spent a dime of the charity's money on the North Texas clown of an attorney when he had a free insurance one. He should never have lied about the discovery that exists (as I can prove what exists with e-mails and other documents) and failed to produce what he did agree existed. I always attend depositions and publish and comment on them. And, the insurance is in charge, so Arciniega better get himself straight on that. David Arciniega is North Texas State Soccer's worst nightmare!

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    Re: NTPSA North Texas Premier Soccer Association Lawsuit / Larry Hall / Robert Malphurs / Premier Park Soccer Fields

    https://www.501c3.org/who-really-owns-a-nonprofit/
    Who Really Owns a Nonprofit?

    September 1, 2015
    Greg McRay, EA
    Education, Featured, Managing a Nonprofit, Starting a nonprofit

    The concept of who owns a nonprofit organization can be hard for some to grasp, especially given that the answer is, “No one…and everyone!” We encounter this confusion with new clients on a fairly regular basis. And, given people’s understanding of how basic business operates, it is understandable. In order to fully appreciate the concept of “non-ownership”, it is helpful to first talk about the various types of business entities. Then, we’ll look at organizational purpose. By the end of the article, it should make a lot more sense.

    There are several different types of business entities. For-profit companies make up most of them. Here are a few (there are others)…all of these have an owner or owners:

    Sole Proprietorship: ...
    General Partnership: ...
    Corporation (for-profit):...
    S-Corporation: ...
    Limited Liability Company: An LLC is a formal association which combines the advantage of a corporation’s limited liability and the flexibility and single taxation of a general partnership. An LLC has members rather than shareholders.

    With the exception of the LLC, the business entities listed above cannot be used for nonprofit organizations. Even the use of an LLC is extremely rare; all nonprofit LLC members must be recognized 501(c)(3) organizations, not people or other entity types. The most popular business entity for nonprofits is the nonprofit corporation. This type of corporation is different from a typical for-profit corporation or S-Corporation. Those have shareholders (owners). A nonprofit corporation has no owners whatsoever, only stakeholders. A stakeholder is not an owner, but rather someone who has a stake in the successful operation of the organization. Stakeholders could be members of the nonprofit, or even beneficiaries of the nonprofit’s activities. One thing stakeholders have in common: they have no legal ability to profit personally…hence, nonprofit. A nonprofit corporation is formed to carry out a public purpose, whether that be religious, educational, charitable, scientific or whatever. It is prohibited from acting in a manner that results in private inurement (profit) to individuals (for more information about inurement, please refer to our post about “Avoiding Conflicts of Interest).

    How can that be? Someone has to own it, right? No, not really. The nonprofit organization is not “owned” by the person or persons that started it. It is a public organization that belongs to the public at-large. The parties responsible to operate the organization for the stakeholders are the members of the board of directors.

    Also, a nonprofit corporation cannot be sold. It is simply not possible. If a nonprofit corporation were to “close down”, or dissolve, the board of directors of the nonprofit must distribute all of the nonprofit’s assets to another nonprofit corporation after all debts have been settled.

    “No one…and everyone!” Hopefully now, it is much clearer what we mean.
    Now if we could just get Larry Hall and David Arciniega clear on this!


  14. #364
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    Re: NTPSA North Texas Premier Soccer Association Lawsuit / Larry Hall / Robert Malphurs / Premier Park Soccer Fields

    North Texas State Soccer Association Inc - GuideStar Profile

    North Texas Premier Soccer, Garland Soccer and North Texas State Soccer Association all declined to respond to Guidestar.

    From Guidestar:
    Governance

    BOARD LEADERSHIP PRACTICES

    GuideStar worked with BoardSource, the national leader in nonprofit board leadership and governance, to create this section, which enables organizations and donors to transparently share information about essential board leadership practices. Self-reported by organization
    NTSSA and its affiliates seem to think that they are untouchable and can flout their own by-laws and state laws concerning fiduciary duties. Garland Soccer is nothing more than a dictatorship run by tyrant David Arciniega I know from personal experience.

    BOARD ORIENTATION & EDUCATION

    Does the board conduct a formal orientation for new board members and require all board members to sign a written agreement regarding their roles, responsibilities, and expectations?
    Garland Soccer offers no training or orientation of any kind to its board members. They are totally in the dark about their fiduciary duties according to state law and have been brainwashed to believe their job is to do what president David Arciniega dictates. The charity is run in a shroud of secrecy. Board members can't get financial and other documentation and are forced to make decisions on hearsay. The members and public are not welcome at board meetings.

    CEO OVERSIGHT

    Has the board conducted a formal, written assessment of the chief executive within the past year?
    The office staff is controlled completely by Arciniega. The staff is not allowed in the board meetings and is not able to give the board information and feedback needed to run the organization according to state law. The board is little more than a puppet of the president and he keeps the board and staff in the dark.
    ETHICS & TRANSPARENCY

    Have the board and senior staff reviewed the conflict-of-interest policy and completed and signed disclosure statements in the past year?
    Garland Soccer does sign these, but the conflict of interest policy is simply window dressing and is clearly not honored by David Arciniega.

    BOARD COMPOSITION

    Does the board ensure an inclusive board member recruitment process that results in diversity of thought and leadership?
    The board is comprised mostly of cronies under David Arciniega's control. Open discussion and questions result in folks being shot down, harassed and attacked. Arciniega routinely refuses to allow the board to see financial and other records and forces them to make decisions based on little more than gossip and his wishes.

    BOARD PERFORMANCE

    Has the board conducted a formal, written self-assessment of its performance within the past three years?
    Anyone who notes that the board is not fulfilling its fiduciary duties according to state law is harassed and attacked. One dare not point out that fellow board members have only a 38% attendance rate or are not fulfilling their job responsibilities. The harassment and intimidation is unending in Garland Soccer and North Texas State Soccer (NTSSA) has been made aware numerous times and happily sweeps everything under the rug. It is high time the public and members that should be served by this charity and its affiliates demand openness and transparency!

  15. #365
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Garland Soccer board member posted publicly:
    Man what a grown ASS man will do just to win a dam youth scrimmage game. They invite us to play a U8 game which is 7 even 8 year olds and under and this low life piece of shit brings 10 and 11 year olds then those kids and their parents make fun of our 7 / 8 year olds. That is one thing I can't stand and just makes me lose it! So I have enough and put in J last 30 seconds of game to show the SOB I could do the same and they get all swollen!
    OOH! OOH! I hope they invite us to ...play this game again and this time I will invite our 2005 2006 players and we will see then!
    Sorry for the post just venting and letting out some steam.
    To my wife and parents that were at the game I apologize and I am sorry for my behavior and language during the game. Even though I lost it when those players and parents started (laughed and made fun) with our young players it does not give me an excuse.

  16. #366
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    More from a Garland Soccer Board Member:

    This is for anyone who keeps talking sh#*. Get over it.
    Your f*^ken team blew it! Keep posting stupid s*#^ about hater and the harder I will laugh my *ss off.
    This person is also a coach of many teams and these public postings can be read by children.

  17. #367
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    Re: NTPSA North Texas Premier Soccer Association Lawsuit / Larry Hall / Robert Malphurs / Premier Park Soccer Fields

    I received a very disturbing report that an NTSSA board member threatened someone with suit for sharing a post about this lawsuit against NTPSA on social media. North Texas is totally corrupt and this harassment and secrecy must be addressed!

    A source has also indicated that another suit related to safety issues at Premier Park may be filed. Accountability for NTSSA and its affiliates is imperative! I will do everything possible to support these litigants. NTSSA is in crisis!

    https://www.ussoccer.com/integrity-hotline

  18. #368
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    Re: NTPSA North Texas Premier Soccer Association Lawsuit / Larry Hall / Robert Malphurs / Premier Park Soccer Fields

    The Plaintiff in the court case:
    David Gray1 starBeware, Robert Malphurs is a crook. He and others have defrauded a Dallas area nonprofit sports club, of which he has been treasurer for decades, out of more than a million dollars. Just google "NTPSA fraud". He should be in jail for fraud and conspiracy, and may be soon. He is already scope limited by the Accountancy Board.

    Like · Comment · about a week ago ·
    Why is North Texas not handling appeals, grievances, complaints and requests for help and investigating and holding hearings on all these issues???

  19. #369
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    realscam‏ @realscamdotcom
    realscam Retweeted PositiveCoachUS
    We also need that quality in the administrators. North Texas State Soccer is failing in its mission: http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/index6.html#post87618 …

    realscam added,
    0:21




    PositiveCoachUSVerified account @PositiveCoachUS
    RT for coaches who make a positive impact. Thank you @FOXSports for sharing our message with MILLIONS during #SB51! The Power Of Positive - PCA


    • Like 1


    3:17 PM - 4 Mar 2017

    1 like

    The Positive Coaching Alliance liked my post about North Texas State Soccer failing it is mission. The truth shall prevail!

  20. #370
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    https://www.facebook.com/NorthTexasS...57841187791329

    Dan Ptak / Jevin is suing the very charity he victimized:
    Sky View Youth Football's missing registration fees under police investigation - CacheValleyDaily.com : Local News

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

    Management Company Gives Little Leaguers Run-Around - Athletic Business

    St. Pete Little League struggling to get by, owed $35,000 | WFLA.com

    http://www.realscam.com/f12/jevin-in...rgebacks-3939/


    Register of Actions
    Case No. 199-00984-2017
    Jevin, Inc., a Texas Corporation vs. Sky View Youth Football, a Utah organization; Wasatch Front Football League, Inc., a Utah Corporation; and Jared Furgeson, et al. §
    §
    §
    §
    §
    Case Type: Other Contract
    Date Filed: 02/28/2017
    Location: 199th District Court

    Party Information
    Lead Attorneys
    Defendant Blake, Matthew Pro Se
    Defendant Furgeson, Jared Pro Se
    Defendant Hellstern, Brandt Pro Se
    Defendant Radford, Jenni Pro Se
    Defendant Saxton, Dave Pro Se
    Defendant Sky View Youth Football Pro Se
    Defendant Wasatch Front Football League, Inc. Pro Se
    Plaintiff Jevin, Inc. Leann Wainscott Diamond
    Retained
    972-632-1300(W)

    Events & Orders of the Court
    OTHER EVENTS AND HEARINGS
    02/28/2017 Plaintiff's Original Petition (OCA) $293.00
    03/02/2017 Request for Citation $8.00
    03/02/2017
    Citation


    Sky View Youth Football Unserved

    Wasatch Front Football League, Inc. Unserved

    Furgeson, Jared Unserved

    Blake, Matthew Unserved

    Saxton, Dave Unserved

    Hellstern, Brandt Unserved

    Radford, Jenni Unserved

    Financial Information
    Plaintiff Jevin, Inc.
    Total Financial Assessment 349.00
    Total Payments and Credits 349.00
    Balance Due as of 03/08/2017 0.00
    03/02/2017 Transaction Assessment 349.00
    03/02/2017 Payment Receipt # DC-07625-2017 Jevin, Inc. (349.00)


    Why would Garland Soccer President and NTSSA board member, David Arciniega, retain a dirty vendor like this. Dan Ptak is suing a charity that he didn't pay on time. They had to do chargebacks to get their money and went through hell because of this. The parents in Garland should not stand for this!

  21. #371
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega


  22. #372
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    The implosion of Garland Soccer continues. The gross mismanagement by David Arciniega has destroyed an entire age group, the U19 girls division. The major league overall is simply collapsing. The problems in that group have been well known for years. I was one of many that tried to save interleague play with the neighboring associations and keep the Garland player numbers from plummeting due to the serious problems in the program. David Arciniega has refused to address any of the issues that were brought up by coaches from other leagues that have left (Richardson, Wylie, Mesquite, Chamber Classic and more) or those from Garland coaches who had legitimate complaints about the program that they raised.

    There were only 3 U19 girls teams and 3 U19 boys teams registered this spring season. Two weeks ago a very well respected coach of many years pulled his U19 girls team out due to the state of the program. That left the other 2 teams to play each other over and over. 1 of the remaining coaches then pulled out. Since the neighboring associations won't play with Garland, these teams had nowhere to go and no other teams in that age group would come to Garland to play with them either. Now, with all three teams gone, the whole U19 girls division, is non-existent.

    Until David Arciniega and the other errant directors are gone, most of neighboring associations are not going to work with Garland. The mismanagement has been a problem for years and it is obvious why Plano Youth Soccer and all the others have definitive registration dates and cut-off registration weeks before the season begins. The neighboring associations are not run anything like Garland is. Registration never ending, total disorganization and chaos are destroying Garland Soccer.

    I looked at the schedule for those poor U19 boys teams, and they only get 6 games total and play each opponent 3 times each. That is not a fun season and will likely collapse that division as well.

  23. #373
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Register of Actions
    Case No. 005-00590-2017
    TBF Financial, LLC VS. Jevin, Inc. and Daniel E. Ptak §
    §
    §
    §
    §

    Case Type: Contract - Consumer/Commercial/ Debt
    Date Filed: 03/10/2017
    Location: County Court at Law 5
    Party Information
    Lead Attorneys
    Defendant Jevin, Inc. Pro Se

    Defendant Ptak, Daniel E. Pro Se

    Plaintiff TBF Financial, LLC Millard O. Anderson, Jr.
    Retained
    214-287-9528(W)
    Events & Orders of the Court
    OTHER EVENTS AND HEARINGS
    03/10/2017 Petition for Contract Consumer/Commer/Debt (OCA) $287.00
    03/13/2017 Request for Citation Pre Judgment - $4.00
    Daniel E Ptak
    03/13/2017 Constable PCT #3 - Service Fee - $75.00
    03/13/2017 Request for Citation Pre Judgment - $4.00
    Jevins, Inc
    03/13/2017 Constable PCT #3 - Service Fee - $75.00
    03/13/2017 Case Information Sheet - Cover Letter by OCA
    03/13/2017
    Citation


    Ptak, Daniel E. Unserved
    03/13/2017
    Citation


    Jevin, Inc. Unserved
    05/10/2017 Notice of Hearing
    6/22/17
    05/10/2017 E-Mail
    05/10/2017 Mailed
    05/10/2017 Motion for Rule 106 - (Motion, Affidavit, and Order)
    Motion for Substituted Service
    05/11/2017 Order for Rule 106
    05/11/2017 E-Mail
    06/22/2017 Dismissal for Want of Prosecution (1:30 PM) (Judicial Officer Wilson, Dan K)
    The game is about to be over. Duck, duck, duck, duck.... is about to end with a resounding GOOSE. Dan Ptak and his Jevin scam will now be served as there is an order in place, and the hearing to dismiss the case will get cancelled the minute he is served by an alternate method approved by the court as stated in that order.

    I am betting on a win for the Plaintiff due to default judgment. I doubt Ptak can afford an attorney and drawn out fight. The corporation must be represented by an attorney in Texas as the law will not allow anyone (even the owner) to represent a corporation that is not licensed counsel. The fun is about to start.

    I remember with such fondness the Advantage Conferences' bank account being emptied by a garnishment by the Better Business Bureau of Dallas after winning in court against that pyramid scheme. Good times!

    Again, we must ask why Garland Soccer president, David Arciniega, has refused to document the missing money and issues with Jevin and forced the league to retain this vendor.

  24. #374
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    Garland Soccer Lawsuit Successful David Arciniega Ousted!

    David Arciniega received 10 votes. Rachel Beltran took the president’s seat with 20 votes.

    Treasurer, Sam Perry, withdrew his name from the ballot. Jesse Flores was voted in from the floor.

    A newer member, Laura, successfully defeated Erick Quintana for the position of Publicity and Awards Director. Erick Quintana signed a No Confidence Petition against me because I supported a more qualified candidate opposing David Arciniega for president in 2013. I have filed complaints about this blatant harassment and election tampering that have yet to be heard. I expect Erick Quintana to be suspended from all soccer activities due to this. I passed out copies of the egregious petition filed against me and spoke out in support of free and fair elections going forward at the meeting.

    The positions of Facility and Equipment Director and Special Events and Training Director went unfilled as Don Starkey had announced his departure at the beginning of the season, and Terry Walser withdrew his name from the ballot at the election.

    Rosemary Martinez, who provided excellent customer service for years, has left. Gayle Brandt is also leaving.

    The settlement announcement was shared with the coaches:
    Announcement
    Heather Dobrott and the Garland Soccer Association and David Arciniega announce that all matters in controversy between them in the lawsuit filed by Dobrott against the Association and Arciniega have been compromised and settled. No payment of damages was made to Dobrott as that was not the purpose of her lawsuit. Further, Dobrott did not receive full reimbursement of her attorneys’ fees incurred as part of the lawsuit. As part of the settlement, a contribution to the Garland Soccer Association Scholarship Fund will be made in Dobrott’s name. The parties have agreed in their settlement to confer and discuss the issues raised by Dobrott in the lawsuit and to work together toward a betterment of the Garland Soccer Association and the children it serves.

    I have been in contact with USSF’s legal department and will file a national grievance against any administrators and/or NTSSA if the issues I have raised are not fully investigated, heard and handled as the by-laws dictate. I will continue to work tirelessly until there is transparency and full accountability in North Texas State Soccer.

    It is imperative that all member associations do their due diligence on all prospective candidates for the North Texas State Soccer Association board and see that David Arciniega, Larry Hall and the others who have been wreaking havoc are voted out. It is high time NTSSA follow its own by-laws and handles grievances and appeals promptly instead of sweeping them under the rug.

  25. #375
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    Re: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

    And a resounding ''jolly well done'' to you, Heather.
    The only thing necessary for the triumph of evil is for good men to do nothing

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