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Author Topic: What's Happening With the Lawsuit?  (Read 122049 times)

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Bob Pickle

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Re: What's Happening With the Lawsuit?
« Reply #105 on: April 29, 2008, 09:12:50 AM »

If it was a material fact then a case could be made that it would constitute perjury.

Do charges get filed for something like that? How does that get handled?
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Bob Pickle

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Re: What's Happening With the Lawsuit?
« Reply #106 on: April 29, 2008, 09:16:56 AM »

Quote from: Nick Miller questioning Danny Shelton
Q. Do you get any retirement benefits?

A. No. No, I don't.

Q. Do you get any housing benefits?

A. No, no.

Quote from: Nick Miller questioning Danny Shelton about Linda Shelton
Q.     Does she get any retirement benefits?

A.     No.

Quote from: Danny Shelton answering Nick Miller
My wife and I have asked that we not get retirement. My Board has offered me retirement and I’ve always told tell them if I asked for retirement I’ve lost my vision for what I’m saying so, not to do that.

So it’s not been my Board’s fault that we don’t have it, ....

The only question left is whether it was in 1996 or 1998 that Danny Shelton asked the board to sell him that house dirt cheap so that he could build up equity for retirement.


Dear Readers,

I would disagree. I think there are many questions here. Some that immediatly come to my mind are these.

1. Did, or do  Danny and Linda Shelton have a retirement plan with their employer the corporation 3ABN?
      a. and if so, where has this been paid into, or recorded? b. if not, why bring up perjury?

2. Did 3ABN give them free, or subsidised housing? or did a donor give them a lifetime interest and home?

3. Is building equity for your own retirement the same as receiving retirement from your employer?

4. How much was the lifetime interest that both Danny and Linda Shelton already had in the house in they lived in, worth?

5. what was the remainder interest in the house worth?

6.. Is purchasing something/anything from your employer considered a excess benefit, or the same as receiving a retirement benefit??

7.Do answers to the above support this explanation and answer given by the Chairman of the board? Why, or why not??


Quote
Source: attached pdf file- document submitted by Robert Pickle
On 07/17/08  Walter Thompson wrote:

Dear J_____,

Thank you for your email expressing your questions and concerns. We appreciate hearing from our viewers and donors, and being given an opportunity to respond.

The property transfer to which you refer was properly executed by an attorney who served on our board at the time, and was employed by a NAD confernce and writing such documents. In brief, it was a situation where a donor made a gift to 3ABN with a lifetime interest for herself and for Danny and Linda. In other words, the house was theirs to use as long as they should live. When Danny and Linda decided they wanted to build a house and build up equity toward the day when they should no longer work, they requested the opportunity to purchase their lifetime interest in the property as determined by legal statistical tables calculated to determine the worth of the property at the statistical time of their death.

7. Is this uncited, quoted statement which Mr Pickle offers as proof of his allegation:

"My wife and I have asked that we not get retirement. My Board has offered me retirement and I’ve always told tell them if I asked for retirement I’ve lost my vision for what I’m saying so, not to do that.  So it’s not been my Board’s fault that we don’t have it."

actually proof? or the same as what Mr Pickle previously claimed/posted: " it looks like Danny testified under oath in court, he believes that he lost his vision by 1996 or 1998."


I'm sure there are many more questions, but when considering what is claimed here, these are included in the relevant ones which deserve answers and consideration, (in my mind) before I myself accept something as factual   just because someone says/posts it.


Cindy,

Would 3ABN giving Danny a life estate in a property he never paid for be considered a benefit or a housing benefit?

The donor never gave him the life estate, that much is clear from the deeds. The deeds show that 3ABn gave the life estate, and that 3ABN purchased the property from someone other than May Chung or Danny.

If I am incorrect, I welcome your correction by actually citing the relevant courthouse documents.
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Gailon Arthur Joy

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Re: What's Happening With the Lawsuit?
« Reply #107 on: April 29, 2008, 09:26:20 AM »

If it was a material fact then a case could be made that it would constitute perjury.

Do charges get filed for something like that? How does that get handled?

Rarely is there ever an issue made, else think of all the people who would serve jail time. It is only made a big deal of when a prosecutor wants to make a big deal and tag someone for life and make a public square spectacle, such as Martha Stewart.

Even Bill Clinton, who was caught in sworn testimony committing perjury, was exonerated by the Senate and while he initially lost his license to practice law, it was quietly restored about four years later. 

Ethics and standards are not what they use to be and corruption and unethical behaviour spreads like a cancer in American society. Get use to it!!!

Gailon Arthur Joy
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Snoopy

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Re: What's Happening With the Lawsuit?
« Reply #108 on: April 29, 2008, 09:34:40 AM »


Ian,

Pray tell, HOW did you manage to come across a quote made by Walt Thompson on 7/17/08???  You guys really ARE good!!!

Snoopy


Dear Readers,

I would disagree. I think there are many questions here. Some that immediatly come to my mind are these.

1. Did, or do  Danny and Linda Shelton have a retirement plan with their employer the corporation 3ABN?
      a. and if so, where has this been paid into, or recorded? b. if not, why bring up perjury?

2. Did 3ABN give them free, or subsidised housing? or did a donor give them a lifetime interest and home?

3. Is building equity for your own retirement the same as receiving retirement from your employer?

4. How much was the lifetime interest that both Danny and Linda Shelton already had in the house in they lived in, worth?

5. what was the remainder interest in the house worth?

6.. Is purchasing something/anything from your employer considered a excess benefit, or the same as receiving a retirement benefit??

7.Do answers to the above support this explanation and answer given by the Chairman of the board? Why, or why not??


Quote
Source: attached pdf file- document submitted by Robert Pickle
On 07/17/08  Walter Thompson wrote:

Dear J_____,

Thank you for your email expressing your questions and concerns. We appreciate hearing from our viewers and donors, and being given an opportunity to respond.

The property transfer to which you refer was properly executed by an attorney who served on our board at the time, and was employed by a NAD confernce and writing such documents. In brief, it was a situation where a donor made a gift to 3ABN with a lifetime interest for herself and for Danny and Linda. In other words, the house was theirs to use as long as they should live. When Danny and Linda decided they wanted to build a house and build up equity toward the day when they should no longer work, they requested the opportunity to purchase their lifetime interest in the property as determined by legal statistical tables calculated to determine the worth of the property at the statistical time of their death.

7. Is this uncited, quoted statement which Mr Pickle offers as proof of his allegation:

"My wife and I have asked that we not get retirement. My Board has offered me retirement and I’ve always told tell them if I asked for retirement I’ve lost my vision for what I’m saying so, not to do that.  So it’s not been my Board’s fault that we don’t have it."

actually proof? or the same as what Mr Pickle previously claimed/posted: " it looks like Danny testified under oath in court, he believes that he lost his vision by 1996 or 1998."


I'm sure there are many more questions, but when considering what is claimed here, these are included in the relevant ones which deserve answers and consideration, (in my mind) before I myself accept something as factual   just because someone says/posts it.

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Habanero

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Re: What's Happening With the Lawsuit?
« Reply #109 on: April 29, 2008, 02:31:23 PM »

Ummm, Snoopy, you might want to leave Ian alone on that one. At least he is trying to produce that ever elusive evidence... even if it is coming back from the future.


Ian,

Pray tell, HOW did you manage to come across a quote made by Walt Thompson on 7/17/08???  You guys really ARE good!!!

Snoopy
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Ozzie

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Re: What's Happening With the Lawsuit?
« Reply #110 on: April 29, 2008, 05:54:24 PM »

Ummm, Snoopy, you might want to leave Ian alone on that one. At least he is trying to produce that ever elusive evidence... even if it is coming back from the future.


Ian,

Pray tell, HOW did you manage to come across a quote made by Walt Thompson on 7/17/08???  You guys really ARE good!!!

Snoopy

Hi Habanero

Just one point needs correcting here. Ian is NOT a male. Ian is actually Cindy - a female, so beware of wolves in sheep's clothing!
  :oops:
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Snoopy

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Re: What's Happening With the Lawsuit?
« Reply #111 on: April 29, 2008, 06:14:28 PM »

Uuuuuuummmmmmmm.......


He/she Ian is very good at producing evidence........on one side of the argument.......the other side has to produce its own....








Ummm, Snoopy, you might want to leave Ian alone on that one. At least he is trying to produce that ever elusive evidence... even if it is coming back from the future.


Ian,

Pray tell, HOW did you manage to come across a quote made by Walt Thompson on 7/17/08???  You guys really ARE good!!!

Snoopy
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GrammieT

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Re: What's Happening With the Lawsuit?
« Reply #112 on: April 29, 2008, 08:50:57 PM »

[7. Is this uncited, quoted statement which Mr Pickle offers as proof of his allegation:

"My wife and I have asked that we not get retirement. My Board has offered me retirement and I’ve always told tell them if I asked for retirement I’ve lost my vision for what I’m saying so, not to do that.  So it’s not been my Board’s fault that we don’t have it."


actually proof? or the same as what Mr Pickle previously claimed/posted: " it looks like Danny testified under oath in court, he believes that he lost his vision by 1996 or 1998."]

I'm sorry folks, but I must protest the foolishness in making an issue out this whole subject.  The bolded part of the above quote says to me that Danny was saying if the board had been asked by he and Linda for retirement benefits that this would be a denial of his 'vision' for the work he was doing with 3ABN.

This seems to be the usual thinking in the Adventist world of 'sacrificing for the work' and in no way suggests that Danny was saying that he had lost his eyesight as some of you seem to be saying. But then maybe I am wrong, who knows?  Can anybody clear this up or is the muddiness just too deep? :scratch:

GrammieT  :beagle:
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Bob Pickle

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Re: What's Happening With the Lawsuit?
« Reply #113 on: April 29, 2008, 09:15:17 PM »

GrammieT, I took his words to mean that he would lose his spiritual sense of where the work should go, not his literal vision.

Sorry for the confusion.
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Gailon Arthur Joy

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Re: What's Happening With the Lawsuit?
« Reply #114 on: April 29, 2008, 09:50:36 PM »

[7. Is this uncited, quoted statement which Mr Pickle offers as proof of his allegation:

"My wife and I have asked that we not get retirement. My Board has offered me retirement and I’ve always told tell them if I asked for retirement I’ve lost my vision for what I’m saying so, not to do that.  So it’s not been my Board’s fault that we don’t have it."


actually proof? or the same as what Mr Pickle previously claimed/posted: " it looks like Danny testified under oath in court, he believes that he lost his vision by 1996 or 1998."]

I'm sorry folks, but I must protest the foolishness in making an issue out this whole subject.  The bolded part of the above quote says to me that Danny was saying if the board had been asked by he and Linda for retirement benefits that this would be a denial of his 'vision' for the work he was doing with 3ABN.

This seems to be the usual thinking in the Adventist world of 'sacrificing for the work' and in no way suggests that Danny was saying that he had lost his eyesight as some of you seem to be saying. But then maybe I am wrong, who knows?  Can anybody clear this up or is the muddiness just too deep? :scratch:

GrammieT  :beagle:


Dear Grammie T,

You see we have e-mails produced by the official voice of 3ABN, Dr Walter Thompson, claiming that the house was transferred to allow for large capital gain a few days later in consideration of the fact that the Shelton's did not have a retirement plan from 3ABN. One must realize that setting up a pension plan for two executives, pursuant to ERISA (Employee Retirement Income Security Act) would mean setting up one for the entire staff that qualified. This "alternative retirement plan" was a nice easy way to compensate the founders without having to take care of the "little people" that make everything work from day to day. 

But keep in mind, with all the explanations comes additional questions. How was the giftee able to gift money to 3ABN so that 3ABN could purchase the property and then it would benefit not only the giftee, as in an annuity or other trust instrument, but also to benefit the founders? And, the board approved the little plan to convert the asset in 1986 but the "deferred comp" was not taken until over two years later...how did this meet IRS Rules? Was this in effect a "top hat" deferred comp plan?

As you can see, the mud gets deep and gets even deeper when you see the explanations of the "official voice" and why we will have to hire a forensic accountant to help us sort out all the "mud" into some logical defense that a plain old all american jury can understand.

In any event, I took it to mean that Danny was so busy trying to inure himself in various ways that he really didn't want to make provision for the "little guys". I think the judges concluded the same thing. And that is why they declared 3ABN a Shelton business [coming soon on a thread near you!!!].

Thank-you for your inquiry.

Respectfuly Submitted,

Gailon Arthur Joy
« Last Edit: April 29, 2008, 09:55:21 PM by Gailon Arthur Joy »
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Ozzie

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Re: What's Happening With the Lawsuit?
« Reply #115 on: April 29, 2008, 10:26:10 PM »

Uuuuuuummmmmmmm.......


He/she Ian is very good at producing evidence........on one side of the argument.......the other side has to produce its own....


So true Snoopy. As you were, Ian/Cindy. Keep up the good work.  :TY:
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Bob Pickle

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Re: What's Happening With the Lawsuit?
« Reply #116 on: April 30, 2008, 06:17:04 AM »

One must realize that setting up a pension plan for two executives, pursuant to ERISA (Employee Retirement Income Security Act) would mean setting up one for the entire staff that qualified. This "alternative retirement plan" was a nice easy way to compensate the founders without having to take care of the "little people" that make everything work from day to day.

Did they violate any laws by doing it that way?

That was allegedly 1996 rather than 1986.
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GrammieT

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Re: What's Happening With the Lawsuit?
« Reply #117 on: April 30, 2008, 09:47:09 AM »



[7. Is this uncited, quoted statement which Mr Pickle offers as proof of his allegation:

"My wife and I have asked that we not get retirement. My Board has offered me retirement and I’ve always told tell them if I asked for retirement I’ve lost my vision for what I’m saying so, not to do that.  So it’s not been my Board’s fault that we don’t have it."


actually proof? or the same as what Mr Pickle previously claimed/posted: " it looks like Danny testified under oath
GrammieT, I took his words to mean that he would lose his spiritual sense of where the work should go, not his literal vision.

Sorry for the confusion.

To Bob:   

That's the way I meant what I said. ;D

GrammieT

in court, he believes that he lost his vision by 1996 or 1998."]

I'm sorry folks, but I must protest the foolishness in making an issue out this whole subject.  The bolded part of the above quote says to me that Danny was saying if the board had been asked by he and Linda for retirement benefits that this would be a denial of his 'vision' for the work he was doing with 3ABN.

This seems to be the usual thinking in the Adventist world of 'sacrificing for the work' and in no way suggests that Danny was saying that he had lost his eyesight as some of you seem to be saying. But then maybe I am wrong, who knows?  Can anybody clear this up or is the muddiness just too deep? :scratch:

GrammieT  :beagle:


Dear Grammie T,

You see we have e-mails produced by the official voice of 3ABN, Dr Walter Thompson, claiming that the house was transferred to allow for large capital gain a few days later in consideration of the fact that the Shelton's did not have a retirement plan from 3ABN. One must realize that setting up a pension plan for two executives, pursuant to ERISA (Employee Retirement Income Security Act) would mean setting up one for the entire staff that qualified. This "alternative retirement plan" was a nice easy way to compensate the founders without having to take care of the "little people" that make everything work from day to day. 

But keep in mind, with all the explanations comes additional questions. How was the giftee able to gift money to 3ABN so that 3ABN could purchase the property and then it would benefit not only the giftee, as in an annuity or other trust instrument, but also to benefit the founders? And, the board approved the little plan to convert the asset in 1986 but the "deferred comp" was not taken until over two years later...how did this meet IRS Rules? Was this in effect a "top hat" deferred comp plan?

As you can see, the mud gets deep and gets even deeper when you see the explanations of the "official voice" and why we will have to hire a forensic accountant to help us sort out all the "mud" into some logical defense that a plain old all american jury can understand.

In any event, I took it to mean that Danny was so busy trying to inure himself in various ways that he really didn't want to make provision for the "little guys". I think the judges concluded the same thing. And that is why they declared 3ABN a Shelton business [coming soon on a thread near you!!!].

Thank-you for your inquiry.

Respectfuly Submitted,

Gailon Arthur Joy

To Gailon:

Your reply does indeed make it look like the mud is even deeper than we thought.  But are you certain that what you are implying is not your extrapolation of the 'facts' to make a point in your direction?  :dunno: It kind of looks like that to me but I can see where you are coming from too; so I guess that you need to do what you need to do.  :(   

GrammieT




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inga

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Re: What's Happening With the Lawsuit?
« Reply #118 on: April 30, 2008, 10:05:06 AM »

We now have a "confidentiality order" that covers documents requested that 3ABN feels are covered under some form of confidentiality. We will have documents from discover beginning
this next week relating to what was given by Blue Host. We will receive the "confidential" documents by May six. Then we have to compel the discovery of anything missing and I am sure there will be plenty.
Could someone please explain, in practical terms, what a "confidentiality order" means?

It appears that it means that Gailon will have access to certain "confidential" documents. Does it mean that he is bound to maintain the "confidentiality" of these documents and thus cannot share any of the contents?
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Bob Pickle

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Re: What's Happening With the Lawsuit?
« Reply #119 on: April 30, 2008, 11:44:35 AM »

Correct. It depends on if the label Confidential is put on the documents.
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