Slapping a Board

So my new assignment has me interviewing attorneys, which has been exceptionally enlightening. Let me tell you briefly about one thing that I learned so far in this process.

I learned that under Pennsylvania law, Shareholders can directly sue the corporation. Minority Shareholders, even....can sue the corporation for not providing access to its financial information (hmm--I wonder if not telling the shareholders about government investigations of its tax reporting counts here), for allowing and engaging in self-dealing (you know, the kind where the Board annually issues its LARGEST expense contract to a voting officer of the Board--without a written contract or even a bid), and/or for destroying the value of the shareholder's investment.

Yep, you see that correctly: MINORITY SHAREHOLDERS CAN DIRECTLY SUE THE CORPORATION.

And the remedies can range from judicial assignment of an entity to "supervise" the Board/Corporation or even to dissolution of the corporation. Most PA cases, however, end in buyout of the shareholder's investment.

You know what this means don't you? This means that a single shareholder in the PA Chautauqua corporation can directly sue that pitiful excuse of an HOA.

Just fucking fascinating, don't you think?

Oh, now, I know that the grand-poopah solicitor will likely try to reassure you that it can't or won't happen. But I would not get all greasy-eyed yet. Make sure he tells you that the case law supports that a minority shareholder holding less than 5% of shares can directly sue the corporation, and that the legislature intended the applicable definitions to be determined on a case-by-case basis (like pornography--the court will know it when it sees it). god forbid that that day comes when your solicitor has to backtrack and then explain how it is indeed possible for one shareholder's suit to survive to trial...and win.

Now see, if a Board doesn't like that a shareholder is asking you to show him the financial information that he needs to determine the value of his investment--or to determine the value of the buyer-of-his-investment's investment, or if you don't like that a shareholder asks for this information or that she asks for you--Board, to do your fucking fiduciary duties, without a smile on her face, well then you need to take some time to come to grips with yourself and put those big, big, big girl and boy pants on and either bow out, or act like the observant christians that you profess to be--or at least act like a person that cares about the minority shareholders and their investments.

That whole thing about getting more with honey goes both ways...except, of course, when the honey is forced up the shareholder's ass.

To ms kathy snavely, my luv

It never fails to amuse me how entertainingly "hippo"critical mount gretna christians are---pun intended [the morbidly obese ones know who they are].

More importantly, snavely's persistent interest in persons she has no responsibility for or relationship/business with is a revealing obsession--if, as she insists, there was no merit to the financial hankypanky scheme that I discovered, then why is she wasting so much time on what she is wanting the public to believe is not a credible source? Well, she remains obessed because she has full knowledge of the money that is being/has been skimmed out of the pockets of mount gretna borough and pennsylvania chautauqua citizens---and doesn't it look a lot like she is trying to help cover it up by harassing and silencing the source?

Back in 2009, when I first discovered this financial imbroglio, my estimate was that 2.4 million is unaccounted for--and that's the gap that I could see from the documents and reports that I managed to get my hands on. Who knows what grants, transfers, etc. never made it to any document, budget or ledger. I also did the correct thing and reported it to the district attorneys office, specifically naming at least four public officials that had to have knowledge of the improper activities. Coincidentally, one of the activities described to him was the misreporting of work hours to inflate paychecks and to qualify for and receive benefits.

Instead of doing what he was ethically bound to do--pass it on to either the state police or the attorney general, weeks later he charged my wife and i with criminal activities that we never committed and used three of the four reported public officials (Linda Bell, Andrew Allwein, and William "Bill" Care) as "reputation witnesses" at our trial [at which these persons gave false testimony, by the way]. The fourth public official--Chuck Allwein was just as conspiratorial and active in this farce, by working with the da to silence the publication of details of the financial scheme, inter alia. And during all this, Snively was doing her part to discredit, harass, and intimidate by using her access to the local media, to the local political parties, and to the financial reports and "books", to assist in the cover up and to prevent proper investigation into the matter. (If you have another way of seeing it, please, do tell--but give facts, not opinions.)

Now you don't have to believe my assertions that misreporting your hours worked in order to inflate your wages and benefits is a crime. In fact, don't pay any attention to me at all. Just look to the district attorney's office itself and you will see that its a crime. In the two and a half years since my reporting of such activities to him, the da has clearly demonstrated this via the prosecution of two lebanon county public officials for misreporting work hours: he has prosecuted/participated in the prosecution of a former police chief for misreporting a few hours of overtime, and he is prosecuting a former myerstown town clerk/financial secretary for misreporting hours worked. Ironically, the chief's alleged misreporting did not result in that public official deriving any personal gain. On the other hand, the clerk's alleged misdeeds resulted in tens of thousands of dollars of personal gain for her. By the way, the myerstown clerk's alleged ill-gotten bounty pales in comparison to what Linda Bell has had unfettered access to...and to what Bill Care has raked in. Pales.

More importantly, however, is that these prosecutions show that the lebanon county da has a clear understanding of how he was supposed to handle the reported financial improprieties, misreporting, etc, and thereby reveals his own knowing participation in/support of the misdeeds.

So when HACC instructor kathy snavely uses her darling "social media" to publish knowingly false information about someone that even she admits has not published anything to annoy or to poke her fat ass for over a year, she is proving that neither religiosity (at least her version of it, anyway) nor social media require integrity from their participants, even if those participants call themselves "experts" at it and are paid to teach on the subject at a local community college.

Kathy dear, does Harrisburg Area Community College know that you use your subject matter (social media) in this manner--for malfeasance, ill-will, and obsessing? Maybe they should be made aware. Maybe they should be shown how questionable your self-professed "expertise" with social media really is. How do you put this shit on your resume: "Used Twitter succesfully to engage in pattern of bullying and intimdation to foil the request for investigation into financial improprieties involving entity of which I am a voting board member"; "Adopted extremely fexible/adaptable philosophical belief system in order to achieve the appearance of integrity and ethics without really having to live with integrity or demonstrate positive ethical traits";...

Its slightly entertaining how such a large person can actually be so vacuous of any substance.

Hugs and Kisses, my dear.