QUESTION REMAINS THE SAME: WHERE IS ALL THE MISSING MONEY FROM 2006?
The judge's ruling was carried out without any consideration as to WHY the Board of Directors terminated Gilchrist in 2006, which I believe would have led to a different ruling.
WHY someone was fired from a Board and Non Profit is a crucial component of the controlling case Nevins v. Bryan quoting Delaware Law that was permitted to be argued in the court of Judge Randell L. Wilkinson.
After discovering considerable financial discrepancies and breaches of Gilchrist's fiduciary duty, for his failure to account and for failure to disclose all financial documents, and also for operating in secrecy, and for many multiple violations of 501c4 rules, the termination of Jim Gilchrist ?constituted an emergency? on the part of the governing Board of Directors in January of 2006, lest we be held liable for any violations of IRS or USPS regulations, and Federal Election Campaign laws.
The Nevins case was never once mentioned in Judge Wilkinson's ruling, although the similarities are astounding, to the point the Founder also lied and stated he was the Sole Director, just like Jim Gilchrist lied, after the Board terminated him.
However, in Nevins, it was determined that although the Board erred in the process of removing the Founder, the financial transgressions were substantial enough to over ride the missteps in process, and the corporation was given back to the Board to clean up.
During the trial, Judge Wilkinson did not permit me to lay the foundation for Gilchrist?s removal, the hidden fund raising contracts and bank accounts we discovered, regarding what Judge Wilkinson calls suspect activity that was uncovered in 2006.
After the termination of Gilchrist in January of 2007, we relied upon advice of former counsel Jim Lacy, who determined we were the majority of the Board of Directors and who advised us to file proper documentation in Delaware and to remove Gilchrist from all financial instruments.
Prior to Gilchrist filing his first of nine law suits, Attorney Lacy wrote in a letter to Gilchrist?s personal attorney, Jack (Robbins), I have never seen more gross mismanagement of a public benefit operation than that exemplified by your client Mr. Gilchrist of Minuteman and some of his cohorts. The violations I am seeing seem so clueless about the process that I wonder if they are intentional.
Immediately thereafter, Gilchrist panicked and concocted his bold faced lie claiming he had always been the Sole Director. He continued to spout this lie on the witness stand last week, as his attorney Guy Mailly shamelessly argued we comprised a Board without a quorum or without authority to terminate Gilchrist.
Although Judge Wilkinson has not fully declared me as a governing Member of the Minuteman Project Board in 2006, he has placed me on a board with 6 others and had me removed from a Board comprised of Gilchrist?s wife Sandy Gilchrist, Steve Eichler, and Tim Bueler who all stated in court declarations submitted under penalty of perjury they themselves have never been members of any Governing Board, but are only an Advisory Board, and they further stated that only Jim's vote counted. Therefore, they could not vote me off a Board.
We had already removed Gilchrist.
My story has never changed. I contend I have always been a member of a governing Board, and that I acted in my fiduciary duties of loyalty and care to the corporation to remove offending parties.
I was not and am not willing to risk being held criminally liable for their violations of State and Federal laws that have yet to be examined by the court, or law enforcement, because we have been in civil court.
I was denied the ability to enter evidence of criminal activity in the court of Judge Wilkinson, so his ruling does not reflect the emergency of the situation to remove Gilchrist. According to the law, if one is a member of a volunteer Board of Directors and fails to rectify or mitigate any financial discrepancies or criminal activity, one can be held liable by the investigating agency, and that is why I have had to take it this far.
I believe I continue to have an obligation if not a fiduciary responsibility to the corporation and the donors of America, and I will pursue all remedies to right the wrongs Jim Gilchrist and some of his cohorts have committed at both the State and Federal levels, within the Rule of Law and also within Judge Wilkinson's current ruling, pending a modification, or pending it being repealed.
