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Author Topic: Nick Miller forgot to ask the right question  (Read 45023 times)

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Gailon Arthur Joy

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Re: Nick Miller forgot to ask the right question
« Reply #30 on: May 09, 2008, 09:34:32 PM »


The IRS Criminal Division has done extensive discovery and I just discovered it has done even more. What is the implication of this?

Gailon Arthur Joy
So, you actually expect us to believe that the IRS is filling you in on their investigation?  That is ridiculous.  They are not going to share their findings with someone who has nothing to do with the investigation (except to report 3abn in the first place) and carries no credentials to obtain private information.  I have a relative who is a criminal investigator and giving any information out to a, let's say, curious spectator, is a big no no. They will be giving information out to whoever is representing 3abn.  You know....real attorney's that have a license and everything.

Sam,

So good to see you back.

Now, I know you have been repeatedly factually challenged, but I assumed you had reasonably good command of the English Language. I said I had "DISCOVERED" they were doing more discovery. Now, Sam, does "DISCOVERED" in any way imply that the Criminal Division is passing me information?

Let me put your mind at peace and state emphatically they do not share anything with us, anymore than they will share with you, until they are ready. But, every investigation leaves tracks, Sam. Follow the tracks and you can follow the trends in any investigation. Investigative journalism builds a nose for this. Maybe, you ought to try it and you wouldn't be so factually challenged. Try it, you may like it!

Now, let us take up your other decisively antagonistic statement: (except to report 3abn in the first place).   Bad news, Sam...the IRS was already on the trail building a file before Bob or I got involved. I have already given a history of this as we were able to follow it. Did I encourage frustrated former employees and donors to contact them???Absolutely.

BUT: For clarification, if I had the information that we now know and if I had the documents that we are discovering, and if I had the statements we have accumulated, and we saw just how deliberate the board was in its refusal to bring discipline and order, I WOULD SHARE IT WITH THE IRS AND THE ILLINOIS, AND 49 OTHER STATES,  AG's AND Dept's Of REVENUE, and various other state and federal agencies. From Washington State to Florida and from Maine to California, anyone that would take action would be be given every note and every document to bring this mis-use of a religious facade to an end. And I say that, now knowing, that the board is virtually irresponsible in refusing to take appropriate steps to end this abuse until it was simply too late.

When you send warning after warning, and they go speeding through stop sign after stop sign, ignoring every reasonable effort to bring an end to this 20 year abuse and (and we were neither the first nor the last to raise the red flags) the directors simply ignore it all to end up in a mine field, they get nothing less than what they deserve.

Sam, have you read "Who Watches? Who Cares?" by Doug Hackleman? I have lived through every one of these crisis in stewardship within the church, and so have the 3ABN Directors, yet they followed the same path of intransigence and ommission that has PLAGUED the Seventh-day Adventist Church for nearly thirty years. And that is thirty years TOO LONG in my book!!!

I would guess you could argue I am intolerant of Institutional arrogance and the abuses of self inurement that comes with it. It must end within the church. The church needs entrepreneurial
spirit, but it needs to be unselfish and to the benefit of the institution, not the benefit of a few  individuals and founders, while employees and volunteers barely survive or end up victims. Explain to me when it became the Christian model for the president of an adventist institution to live in a 4000 square foot house with a large horse barn and paddock, gated of course, and running side deals to get the institution to buy their books so they can make a small fortune, while the people that work at making the ministry happen every day barely survive, sometimes requiring assistance. The President gets a jet but the peons are lucky to be able to afford enough gas to get to work every day to get the next paycheck. Just how many raises were there in nearly a million dollars a year in Jet expense?
Just how many benefits for the masses were there in a $3Million dollar book deal? And just how many cola increases will have to be waived to cover that $3,000,000 dollar loss from simply irresponsible efforts in 2006?

You have the tax case, the Linda Shelton Debacle, the Sky Angel problems, the Jet issues, the remarriage to Brandy issues, the lawsuite issues and the Tommy Shelton issues. We could go on, but you live it every day. Don't tell me you don't feel the weight of erroneous judgment on your shoulders as well. And don't you wonder how it is possible that building goes on, but annual cola's are waived?

Sam, we have the weight of evidence in our favor. We are so convinced that the weight of evidence will support our claims and the cross claims, we are preparing for trial. And we are encouraging others to do the same thing. By the time it is done, 3ABN will have so many fronts to deal with and so many lawyers yipping at the heals of the organization and its directors, they will wish they had taken the right turn when they had the opportunity. But, it is too late now. Too many hungry lawyers, too many bureaucrats with agenda's and simply too much history ignored.

Now, once again Sam, 3ABN gave us our license the day they served us with a lawsuite. Just ask that investigative relative of yours. The Federal Rules of Civil Procedure give us license to discover any material that may lead to relevant information and here is a sample:

FRCP 26 (b) "Discovery Scope and Limits.
(1) Scope in General.

Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(C)."

A FRCP 34: (a) In General.
"A party may serve on any other party a request within the scope of Rule 26(b):

(1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control:

(A) any designated documents or electronically stored information — including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations — stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or

(B) any designated tangible things; or

(2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it."

The rest of the rules are readily available online for your careful review.

In summary, they will be giving information out to anyone whom they sue or that sues them if the litigants do proper discovery.

So, get a nose like Pinnochio and follow the trail of evidence, you will be less factually challenged and more factually accurate, and your analytical skills will improve as well.

Good to have you back as you are such a terrific platform upon which to build ones responses.

Gailon Arthur Joy





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Cindy

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Re: Nick Miller forgot to ask the right question
« Reply #31 on: May 10, 2008, 07:29:50 AM »


The IRS Criminal Division has done extensive discovery and I just discovered it has done even more. What is the implication of this?

Gailon Arthur Joy


So, you actually expect us to believe that the IRS is filling you in on their investigation?  That is ridiculous.  They are not going to share their findings with someone who has nothing to do with the investigation (except to report 3abn in the first place) and carries no credentials to obtain private information.  I have a relative who is a criminal investigator and giving any information out to a, let's say, curious spectator, is a big no no. They will be giving information out to whoever is representing 3abn.  You know....real attorney's that have a license and everything.


Goodness gracious Dan/Sam! That did make you drop your guard, didn't it? Sounds like you're getting a bit rattled by all this. Calm down old salt. Don't want you pulling out the rest of your hair. Toupees don't come cheap, I understand.


That makes about as much sense,  as me foolishly replying to that with equal politeness and love:

"Goodness gracious Linda/Ozzie! That did make you drop your guard, didn't it? Sounds like you're getting a bit rattled by all this. Calm down old salt. Don't want the stress causing more signs of age. Botox treatments and airbrushed photos don't come cheap, I understand."

Anybody who would appreciate that and think it helpful, or on the other hand attack my words as being unloving or ignorant and uninformed etc.. don't hesitate to speak right up here! Otherwise you can just look the other way again and continue to pretend you don't have double standards and that you judge all equally and impartially...


Note- To clarify-- I am not complaining to the admin or moderators, nor do I expect or ask them to do anything regarding the post I am replying to. That is why I didn't hit report. They can see it for themselves. I am posting to the members and readers here...
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Cindy

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Quote
Quote from: Gailon Arthur Joy on May 04, 2008, 01:02:43 PM

The IRS Criminal Division has done extensive discovery and I just discovered it has done even more. What is the implication of this?

Gailon Arthur Joy

:dunno: Other than that the IRS are thorough?? :ROFL:





Quote
Quote from: Gailon Arthur Joy on May 04, 2008, 01:02:43 PM

The IRS Criminal Division has done extensive discovery and I just discovered it has done even more. What is the implication of this?

Gailon Arthur Joy


Quote from: Sam on Yesterday at 08:38:31 PM
So, you actually expect us to believe that the IRS is filling you in on their investigation?  That is ridiculous.  They are not going to share their findings with someone who has nothing to do with the investigation (except to report 3abn in the first place) and carries no credentials to obtain private information.  I have a relative who is a criminal investigator and giving any information out to a, let's say, curious spectator, is a big no no. They will be giving information out to whoever is representing 3abn.  You know....real attorney's that have a license and everything.



Gailon Joy replies:
Sam,

So good to see you back.

Now, I know you have been repeatedly factually challenged, but I assumed you had reasonably good command of the English Language. I said I had "DISCOVERED" they were doing more discovery. Now, Sam, does "DISCOVERED" in any way imply that the Criminal Division is passing me information?

Let me put your mind at peace and state emphatically they do not share anything with us, anymore than they will share with you, until they are ready. But, every investigation leaves tracks, Sam. Follow the tracks and you can follow the trends in any investigation. Investigative journalism builds a nose for this. Maybe, you ought to try it and you wouldn't be so factually challenged. Try it, you may like it!

Now, let us take up your other decisively antagonistic statement: (except to report 3abn in the first place).   Bad news, Sam...the IRS was already on the trail building a file before Bob or I got involved. I have already given a history of this as we were able to follow it. Did I encourage frustrated former employees and donors to contact them??? Absolutely....


[snipped balance, enough admitted to..]



Quote
Quote from: Snoopy on May 05, 2008, 12:03:33 AM
Gailon,

Can you expound on your new discoveries regarding the IRS CID?





Gailon Joy answers:
"Nothing new...same old, same old, interview and document, interview and document... Takes a while to calculate the fine they will want. Seven figures takes a while to calculate and document. "

He already said the IRS has told him nothing, and admits his discovery amounts to nothing new...  but goes on to assume facts not in evidence... and present his thoughts and opinions to others as what's what.  





Maybe it's time for GJ, BP, and others to at least consider, or TRY to answer the question previously posted:




Quote
"Just a few questions to clarify.  Please provide only direct answers to the specific questions.

We all know if you are given a clearance by the IRS....YOU ARE CLEARED.  Meaning the IRS is known for finding things when their really isn't anything to find. So, if they clear you, you can be sure you are squeaky clean.  My question?

What will your reaction be if the IRS completely clears 3abn of any financial wrong doing?  That would mean, accurate tax records, no private inurment, no 3abn monies spent on anyone's personal needs, etc...etc..

IMO if that happens that would mean a large number of stories you have repeated, as well as, your own take on what constitutes private inurment, mishandling of funds and on and on would be totally incorrect. Without merit.  Down the tube.  In  other words, your opinions and your sources opinions aren't worth a dime compared to the IRS.  If your financial allegations are proven false then think how many other accusations you have made that could be in error also.  Several come to mind...."


Would that indicate that slander and libel (defamation of character) have occured? would that indicate that a public apology is in order???


I would think so.... but guess we'll have to see what happens...



edit to correct code
« Last Edit: May 10, 2008, 07:52:10 AM by Ian »
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Johann

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Re: Nick Miller forgot to ask the right question
« Reply #33 on: May 10, 2008, 08:27:24 AM »


That makes about as much sense,  as me foolishly replying to that with equal politeness and love:

"Goodness gracious Linda/Ozzie! That did make you drop your guard, didn't it? Sounds like you're getting a bit rattled by all this. Calm down old salt. Don't want the stress causing more signs of age. Botox treatments and airbrushed photos don't come cheap, I understand."


It seems like the poster is assuming that Ozzie and Linda are either the same person or that they think alike. Is this a false assumption?
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Cindy

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Re: Nick Miller forgot to ask the right question
« Reply #34 on: May 10, 2008, 08:42:27 AM »


That makes about as much sense,  as me foolishly replying to that with equal politeness and love:

"Goodness gracious Linda/Ozzie! That did make you drop your guard, didn't it? Sounds like you're getting a bit rattled by all this. Calm down old salt. Don't want the stress causing more signs of age. Botox treatments and airbrushed photos don't come cheap, I understand."

Anybody who would appreciate that and think it helpful, or on the other hand attack my words as being unloving or ignorant and uninformed etc.. don't hesitate to speak right up here! Otherwise you can just look the other way again and continue to pretend you don't have double standards and that you judge all equally and impartially...




It seems like the poster is assuming that Ozzie and Linda are either the same person or that they think alike. Is this a false assumption?

ya think?

Now, think again .. Can you respond in the same way to Ozzie's post?

Jam 2:9 But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors. 
« Last Edit: May 10, 2008, 08:58:03 AM by Ian »
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Snoopy

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Re: Nick Miller forgot to ask the right question
« Reply #35 on: May 10, 2008, 10:03:47 AM »

Aahh, yes.  You mean REAL attorneys who send out defective subpoenas and then allow the information gleaned to be used against innocent posters??  THOSE ATTORNEYS??


So, you actually expect us to believe that the IRS is filling you in on their investigation?  That is ridiculous.  They are not going to share their findings with someone who has nothing to do with the investigation (except to report 3abn in the first place) and carries no credentials to obtain private information.  I have a relative who is a criminal investigator and giving any information out to a, let's say, curious spectator, is a big no no. They will be giving information out to whoever is representing 3abn.  You know....real attorney's that have a license and everything.
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GrandmaNettie

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Re: Nick Miller forgot to ask the right question
« Reply #36 on: May 10, 2008, 11:16:17 AM »

Aahh, yes.  You mean REAL attorneys who send out defective subpoenas and then allow the information gleaned to be used against innocent posters??  THOSE ATTORNEYS??


So, you actually expect us to believe that the IRS is filling you in on their investigation?  That is ridiculous.  They are not going to share their findings with someone who has nothing to do with the investigation (except to report 3abn in the first place) and carries no credentials to obtain private information.  I have a relative who is a criminal investigator and giving any information out to a, let's say, curious spectator, is a big no no. They will be giving information out to whoever is representing 3abn.  You know....real attorney's that have a license and everything.
Snoopy, has it been established that the subpoena served to BlueHost was defective?  If so, it is even more awful that BlueHost's legal department didn't check that out and deal with the subpoena in the proper manner, as Calvin did.  I understand that at least the first subpoena that the 3abn atty served Calvin was defective, but I didn't hear the same for the BlueHost one. 

I will agree with the principle that it is reprehensible that information gleaned through less-than-honest means is used against innocent people.  I guess that is the difference between those acting for monetary gain, solely in the interests of their clients, as opposed to those with much loftier interests and ideals...representing God and fighting for truth.
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Habanero

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Re: Nick Miller forgot to ask the right question
« Reply #37 on: May 10, 2008, 12:03:08 PM »

I will agree with the principle that it is reprehensible that information gleaned through less-than-honest means is used against innocent people.  I guess that is the difference between those acting for monetary gain, solely in the interests of their clients, as opposed to those with much loftier interests and ideals...representing God and fighting for truth.
I am not sure that there is much of a difference. More often than not, in my opinion, clients are representing themselves as having much loftier interests and ideals...representing God and fighting for truth, but are in it for monetary gain as much as the ones they hire to do unsavory things at an arms distance so that they can maintain the whiteness of their lovely sepulchres. If clients hire someone to do something reprehensible are they as guilty of reprehensible actions as the person they hired to do their bidding?
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Fair Havens

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Re: Nick Miller forgot to ask the right question
« Reply #38 on: May 10, 2008, 12:18:05 PM »


Snoopy,   

I will agree with the principle that it is reprehensible that information gleaned through less-than-honest means is used against innocent people.  I guess that is the difference between those acting for monetary gain, solely in the interests of their clients, as opposed to those with much loftier interests and ideals...representing God and fighting for truth.

GrandmaNettie',   Is it less reprehensible for those "representing God and fighting for truth" to use information gleaned similarly in the fight "for much loftier interests and ideals"? Do not construe this as support for one side or other.
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Snoopy

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I totally agree, Ian!  But I wonder how much longer it will take for 3ABN/DS to make such a public apology to Linda Shelton, Derrell Mundall and others who have suffered just such an injustice at the hands of a Christian ministry??




Would that indicate that slander and libel (defamation of character) have occured? would that indicate that a public apology is in order???


I would think so.... but guess we'll have to see what happens...




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Snoopy

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Re: Nick Miller forgot to ask the right question
« Reply #40 on: May 10, 2008, 12:33:56 PM »

Ian - what's up with the small print??  Reminds me of a contract where one party is hoping to slide something by on the other!!

Actually, I believe you have a good point here, but exercising the golden rule in such a manner probably isn't going to help much!!

Ozzie, Ian and all of us....let's try to remember that we are all God's children.  Even if we disagree with each other, He loves each of us the same and we only hurt Him when we resort to ugliness.  This advice is directed at myself just as much as anybody else.

Happy Sabbath, all!!

Snoopy



That makes about as much sense,  as me foolishly replying to that with equal politeness and love:

"Goodness gracious Linda/Ozzie! That did make you drop your guard, didn't it? Sounds like you're getting a bit rattled by all this. Calm down old salt. Don't want the stress causing more signs of age. Botox treatments and airbrushed photos don't come cheap, I understand."

Anybody who would appreciate that and think it helpful, or on the other hand attack my words as being unloving or ignorant and uninformed etc.. don't hesitate to speak right up here! Otherwise you can just look the other way again and continue to pretend you don't have double standards and that you judge all equally and impartially...


Note- To clarify-- I am not complaining to the admin or moderators, nor do I expect or ask them to do anything regarding the post I am replying to. That is why I didn't hit report. They can see it for themselves. I am posting to the members and readers here...
« Last Edit: May 10, 2008, 12:38:13 PM by Snoopy »
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Snoopy

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Re: Nick Miller forgot to ask the right question
« Reply #41 on: May 10, 2008, 12:44:59 PM »

What made the first BSDA subpoena defective?


Snoopy, has it been established that the subpoena served to BlueHost was defective?  If so, it is even more awful that BlueHost's legal department didn't check that out and deal with the subpoena in the proper manner, as Calvin did.  I understand that at least the first subpoena that the 3abn atty served Calvin was defective, but I didn't hear the same for the BlueHost one. 

I will agree with the principle that it is reprehensible that information gleaned through less-than-honest means is used against innocent people.  I guess that is the difference between those acting for monetary gain, solely in the interests of their clients, as opposed to those with much loftier interests and ideals...representing God and fighting for truth.
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GrandmaNettie

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Re: Nick Miller forgot to ask the right question
« Reply #42 on: May 10, 2008, 12:50:50 PM »

Habanero, Fair Havens, you will get no argument from me. 

As I posted, I agree with the principle.  My statement was not made in support of any side.  It was made to contrast reprehensible practices made for solely selfish reasons to the practices of those who truely represent God.

I will leave it to the individual readers to draw their own conclusions where any of the sides represented here stand.


Snoopy,   

I will agree with the principle that it is reprehensible that information gleaned through less-than-honest means is used against innocent people.  I guess that is the difference between those acting for monetary gain, solely in the interests of their clients, as opposed to those with much loftier interests and ideals...representing God and fighting for truth.

GrandmaNettie',   Is it less reprehensible for those "representing God and fighting for truth" to use information gleaned similarly in the fight "for much loftier interests and ideals"? Do not construe this as support for one side or other.
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GrandmaNettie

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Re: Nick Miller forgot to ask the right question
« Reply #43 on: May 10, 2008, 01:08:32 PM »

Snoopy, it is my understanding that the original subpoena served on Calvin was not made according to the rules of Calvin's home state.  It has been some time since I read the details of why the BSDA subpeona didn't conform, but that is my recollection.

Is this the case for the subpoena served on BlueHost?


What made the first BSDA subpoena defective?

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Bob Pickle

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Maybe it's time for GJ, BP, and others to at least consider, or TRY to answer the question previously posted:

I already answered that. Remember?
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