03 March 2020, 21:57
TxGunnyEarlier Mr. Evans stated:
I am the past president referred to in this point, the gentleman (term used loosely) was not on the ethics committee during my term, the bylaws require the new President to form an ethics committee and have that committee approved by the board. This had not been done at the time I informed the person in question that he would not be on any committee. The person in question is a member of this renegade group and was discussing their takeover plans right in front of me, hence the discussion about serving on a committee.
Copy directly from Mr. Evans and reply from Mr. Harper (after release has been authorized), the ethics committee member releferenced above:
From: kevans@dscfrontlinefoundation.org <kevans@dscfrontlinefoundation.o>rg
Sent: Wednesday, June 20, 2018 7:59 AM
To: hunters@outdoorvisions.com
Cc: corey_@ Qiggame.org ; sto865@tx.rr.com
Subject: DSC Ethics Committee
Bob,
As a follow up to our conversation last night and for the reasons discussed last night, this email will serve as notice that I have decided that your services as a member of the DSC Ethics Committee are no longer needed. I will notify the other members of the Ethics Committee and appoint a replacement very shortly.
Thank you very much for your past service.
Karl Evans President DSC
Notice Letter to DSC Governance Members
Objection is hereby made to the current proceedings concerning an Ethical complaint made by Mr. Steve Miller against DSC members Karl Evans and Richard Che atham. Objection is made upon the basis of the following, but not limited to the following items.
1. Mr. Evans while subject to the complaint threatened then seated Ethics committee member Bob Harper with removal from the committee on June 19th 2018 and indeed inform Mr. Harper that he was attempting to exercise that decision the very next day. This is interference by a person subject to an Ethics complaint with the Ethics review process and a member of such committee.
2. It is understood that Mr. Evans subject to the ethical complaint went before
DSC governance and attempted without the presence of Mr. Harper to seek ratification of removing or ignoring the presence of Mr. Harper from the Ethics committ ee. This contact with some of or all of the members of the governance of DSC in regard to an ethics complaint against him is improper.
3. It is understood that Mr. Evans had direct conversations with two of the members of Ethics committee during the pendency of the Ethics complaint. This is highly improper.
4. lt is understood that Mr. Evans while under investigation of the aforementioned ethics complaint has had direct one on one conversations with members of the DSC governance members. This is highly improper.
5. It is understood that while under investigation for the afore mentioned ethics violation that Mr. Evans has or those at his behest have appointed yet another member of the Ethics committee to rule upon the complaint pending against him. This is highly improper.
6. It is understood that various members of DSC governance has cooperated and agreed to such an appointment. This is highly improper
7. It is understood that DSC governance has done little to zero vetting of the individual for obvious disqualifying bias. The DSC governance has ratified this individual as sitting upon the DSC ethics committee which will make determinations upon the afore mentioned complaint.
8. It is understood that DSC governance has done little to Zero pursuant to their duties to DSC to halt or curb in the afore mentioned improprieties and thus ratifies them.
The improprieties set forth in each of the above eight items, but not limited to those collectively, is more than enough to taint the proceedings in regard to the subject complaints beyond all reason.
You are hereby given notice of each of these improprieties and the objection to each and all of them collectively. The process has been corrupted.
You are given notice that the Ethics review process has been tainted and corrupted beyond the ability of the Ethics committee and DSC governance to render a legitimate and proper conclusion
It is hereby urged that this entire process be turned over to independent authorities ( those, not subject to pressure or connection with DSC governance, the two men subject to the complaint nor the authors of the complaint for review and determination.
This document and the notice to you will be preserved in the event of the necessity to turn it over to legal professionals and legal authorities for their use in questioning you and in appropriate proceedings.
;;;1/'#r-
Robert Harper
DSC past President
DSC Ethic comm,..i,t,t,,e,e member Dater this /J -July 2018
You decide what is accurate and truthful from Mr Evans.
Answers to Earlier questions by New Member;
As a new DSC member (joined last year) I have gotten my Save DSC packet in the mail and have taken the time to read the information and the proposed new bylaws. After making a phone call to the member who introduced me to DSC he suggested I look at this site—I have and that letter from Mr. Miller very eye opening. I have not sent either proxy in yet. In determining who I believe I have some questions. Mr. Frank and Mr. Fulson, you obviously have a lot of these answer and getting them in an open setting might also answer several other members questions.
1. Has anyone from the current DSC board or officers tried to arrange a meeting with this group to see if a compromise can be worked out
A. Yes, over, for over an almost 2years multiple requests, in person and written, have gone unanswered.
2. Can I really be kicked out of DSC for asking these questions?
A. No. You have the right to speak and there are no legal mechanisms to remove anyone who wishes too.
3. Mr Frank did you write to the board of DEF and request that they immediately resign?
4. Is the President of the foundation really the DSC treasurer?
A. YES. The Club in 38 years has never undergone a critical audit.
5. How many of the current DSC board or officer have served multiple or consecutive terms? I notice on the DSC ballot one board member is being immediately reappointed.
A. Tolson, Eads , Nafya, Patterson, Bob Scott, Carl Evans, All have served multiple some approaching 20 years. Of the three seeking the position of director, 2 have been vice presidents, 2 have been board members and one has already been president. NONE are new blood.
6. How many consecutive terms have you served as either an officer or board member?
A. Seven or eight
7. Is it true you knew about the wildlife violator and the board was not informed?
A. Evidence strongly indicates that the DSC management knew and did not inform board much less the members.
8. I have read the comments on the financial audit being done this year. When was the last one done and presented to the membership?
A. Never. And to our understanding this is not a critical audit. The one being run is a simple balance of X’s and O’s, not a critical audit.
9. Is it true the DSCF director went from a volunteer position to a paid position?
A. YES
Did the member get to vote on that change?
Å. DSC Members had ZERO input.
Who determined who the “paid” DSCF ED would be was an executive search done and who determined the final choice?
A. The Board of Directors of DSCF. In our opinion either no search are an ineffective search was done.
10. Have members really been asked to leave board meetings
A. YES! Thrown OUT, including a group of past Presidents!
11. Have several “president elect” really resigned before taking office as mentioned in the letter
A. Yes, Rod Woolley and Mark Keilwasser are two in recent years.
12. Are any financial benefits— discounted/free trips, guns, or any other financial incentive allowed for board members or officers to be receive from exhibitors, DSCF fund recipients or any other entity that they may interact with on behalf of DSC. If they are, does the board require that person to disclose what they have received and the value
A. There are NO disclosure requirements, That is precisely why They are being proposed in the new by-laws. There is no separate Ethics Code, The new by-lays mandate one.
I realize as a new member some will tell me to shut up and go away, say I am on their side or yours, but I just want to know before I see DSC on a 60 minutes segment or an ITeam episode
Thanks, you for all of your very thoughtful questions. We are concerned that the Gross acts of DSC governance will bring a Department of Justice Inquiry.
Under the new by-laws members would actually get to vote and there would be prohibitions on persons in power getting financial favors.
Mr. Fulson gets a good portion of money from DSC for his TV shows, Tracks Across Africa, Trijicon’s World of Sports Afield and Hornady’s Dark and Dangerous and yet he is on a board deciding that fact. Seems like a gross violation of conflict of interest. Why on earth is he on such a board? Being that he is paid by DSC entities to also be their media agent, do you think that might cast any shadow on the bend of his responses here?
The word coup d'etat (the actual word that they abbreviate) is used by a group that is fighting to Prevent the right to vote from getting into the hands of the DSC members. They are also fighting to prevent a strong ethics code from being put in place and they have the gall to call such efforts a coup d'etat.
The childish use of coup d'etat betrays the left wing use of emotional terms.
The large group of people fighting for Voting rights, ethical honest legitimate transparent governance are DSC long term life members, that is hardly a group in the shadows.
I believe that these delivered documents will speak for themselves:
THE BARBKNECHT FIRM
A Professional Corporation
ATTORNEYS AND COUNSELORS
The "B " Tower
1700 Alma Drive, Suite 290
Plano, Texas 75075
Telephone (972) 312-1510 Fax(972)312-1511
www.bf mntx.com
To The Following Recipients:
Delivered via Email to each of the following:
February 14, 2020
Scott Tobermann, James Tolson, James Jeanes, Daniel McGeehee, Ken Heard, Ravine Reddy, Amy Callendar, Bob Scott, Michael Verone, Willie Hornberger, Tori Nayfa, Rebecca Evans, Kyle Allison David Hood, Mark Little, Dave Fulson, John Eads, John Patterson, Corey Mason Hereinafter know as recipients.
The Aggrieved Parties are DSC Life members and our clients SUBJECT: LITIGATION HOLD & RECEIVERSHIP
It is with great regret that this letter and the accompanying LITIGATION HOLD is sent to you, but continued and unrelenting highly inappropriate conduct actions and efforts make this necessary. Our clients wish to be highly above board and transparent in all of these undertakings and only wish the same were true from you people.
1. Elections
Last year our clients sent a simple request exercising their rights under Texas Business and Commerce Code Section 22.158 and later under Section 22.351 That was met with a series of highly inappropriate responses. These were taken in hand by our clients. Those of you currently in governance for DSC failed in your fiduciary duties to the membership of DSC through your actions.
Two lists were produced one represented to be the 2019 DSC voting list and one represented to be the 2020 DSC voting list. These lists, and the representations as to the lists, were relied upon by our clients. They took the representations' as true and correct which they were entitled to do.
My clients are now encountering growing evidence of what appears to be outright FRAUD as to the lists. There appears to have been significant manipulations of the lists prior to turning them over to this law firm. More than 900 addresses in Texas alone seem to be invalid and possibly in excess of as many as 1,500 in total. These do not seem at all to be the 2019 nor 2020 DSC voter lists which are used by DSC. If this is indeed true Fraud has been committed upon the members, voting fraud has occurred, and the upcoming election has been manipulated. As evidence increasingly points to this most unfortunate conclusion, it is necessary to put forth this Litigation Hold and Spoliation Warning. If these suspicions are true it will be necessary to proceed against the guilty parties and to nullify the election and seek the many dollars caused in damages and other compensation.
2. Continuing Failure to Obey the Law
Our clients exercise of the right to the corresponding email list with the voter list has yet to be complied with and no emails have been turned over. This has materially prejudiced our client's rights, and the rights of every qualified DSC voter. Such list readily exists, and they have a right to it under Texas Law. In tum you have no options or rights to continually withhold it. Each of you in DSC governance is believed to be in violation your fiduciary duties to the DSC membership
3. Inappropriate Statements knowingly made to create false assumptions
The list has been used in very inappropriate campaigning by the members of governance. Indeed Mr. Allison has used it to make statements to all members via an email list denied to us, leading the membership to false conclusions. Mr. Patterson and Mr. Hood have sent somewhat similar emails. Statements have been made that lead a reader to conclude that only the ballot, sent by your DSC governance group, is official and that voters should not use any other ballot. This is a false and inaccurate conclusion and each of you know that. Presuming you have read the DSC corporate charter and the DSC bylaws, which specifically allow qualified members to change
the bylaws via election and to have matters addressed by voters, you would know that. Thus, the ballot circulating by these DSC members IS an official ballot.
Email communications from the three individuals above and probably others are leading people to a highly false conclusion and pursuant to the Texas Civil Practice and remedies code my clients demand an immediate retraction and your expressed validation of my client's ballot be issued to all persons to which such false communications were sent.
This demand is necessary before proceeding in an action that can involve damages, inclusive of exemplary and punitive damages, being sought from the perpetrators. This retraction should be done immediately and as a minimum to prevent further irreparable harm to our clients and the DSC membership.
4. Past and ongoing Gross violations of conflicts of interest.
There continues to be evidence of extremely GROSS conflicts of interest in the Governance of DSC, DSC Foundation and DSC frontline foundation. Persons who are in overseeing positions of DSC have been and are also currently in governance of the very organizations to which DSC gives material financial and other aid.
5. Unanswered Questions as to conduct and financials of officers
There continues to be unanswered questions in regard to Mr. And Mrs. Evans and other current and past directors' and officers' travel, hunts, and benefits received while in office which may not have been properly accounted for to the IRS and may have been gross conflicts of interest, and hopefully, not quid pro quo arrangements.
6. Ross Jackson matter and Ethics manipulation
There has not been a satisfactory examination investigation and conclusion to the Ross Jackson affair. Indeed, the outrageous manipulation of the ethics process has left open that matter and opened large concerns regarding the fiduciary duties of all
persons in DSC governance, including Mr. Cheatham and those on the ethics panel.
7. DSC Foundation and DSC Frontline foundation
There have arisen significant concerns regarding the propriety of the financial affairs of these two foundations. Additionally, there is concern of basically a volunteer, Mr. Cheatham, being turned into a paid employee in light of his capacity and ability to perform. Certainly not last nor least, there seems to be a direct recipient of DSC and or DSC foundation funds sitting on the board of the DSC foundation.
Not simple errors or omissions
My clients do not believe these above and others concerns if true and accurate are simple errors or omissions but have been done and conducted with intent as intentional acts.
Insurance Notice
You may wish to send this letter and attachment to both your personal and professional insurance carriers for examination. A failure to do so could prejudice their rights and result in effects upon your coverage. As an aside our clients do not believe there would be coverage for the acts and issues raised above as they are intentional acts. We leave it to your carriers to make that determination, if you should choose to so notify them.
You may wish to consult individual counsel as it would seem correct that not everyone will have the same liabilities if each of these matters are ultimately litigated.
We believe it is and would be a gross misappropriation of the financial resources of DSC for those funds to be spent on a defense of any potential claims that may be brought as discussed in this letter as no one in the club has ever authorized illegal and intentional wrong doing.
At the end of the outcome under new leadership such misappropriation of funds would be legally and logically followed to its just end.
This litigation hold attached hereto should be regarded separate and distinct from any that may be forthcoming from the United States Justice Department. The terms and conditions of the attached document stand on their own.
We also request that in light of what seems to be increasing evidence of wrong doing that you immediately engage with us over the appointment of a Professional Receiver of the Club until these and other issues are appropriately and hopefully amicably resolved.
IN Conclusion
We wish to have produced by Monday afternoon February 1ih the true and correct voter mailing list as used by DSC in the 2020 mailing of their ballot in useable CD form.
We wish to have the corresponding email addresses, physical addresses, your email blast list used to send your "Warning" email blast in order to provide a level playing field and the phone numbers of each person to whom DSC sent a ballot in useable CD form by the afternoon of February 17th
Please feel free to contact me.
214-704-2046 jab@barbknecht.com
Notice of Litigation Hold
This is to notify The Recipients of the need and requirement for a litigation hold on documents and electronic records in their possession that may be relevant to the disputed matters between The Aggrieved Parties in relat ion to the DSC election and all other issues addressed in the attached lett er.
This means that The recipients must take the necessary steps to preserve all potentially relevant documents until further notice.
The relevant time period for this litigation hold is January 15 2014 to the final
resolution based on issues presented by The Aggrieved.
The scope of this hold relates to ALL documents and to any and all recordings of any type including, but not limited to documents or electronically stored information, including audio and video files, relating to issues set forth in the attached letter.
The geographic scope of this hold is any location in which relevant documents or information is located within the universe.
Set forth below are additional guidelines for this litigation hold directive.
What is a document? A document is any record that is in paper, tangible, or electronic form. Thus, documents include, but are not limited to, electronic documents (including emails, text messages), Word documents, Power Point files, Excel spreadsheets, databases, phone records, credit card receipts, income and travel receipts etc.
How broad are the recipient's responsibility to preserve documents? They must preserve all relevant documents, including drafts, that are in their possession, care custody, or control, or that are maintained under their respective direction and supervision. This necessarily includes:
• Paper documents in (1) personal files, (2) files that they respectively maintain or that are maintained under their care, custody, control either on or off site, and ( 3) files at their respective homes or businesses
• Electronic files located (1) on any computer, (2) on other hardware (e.g. smart phones, etc.) (3) on other media (e.g. CD-Rs, DVDs, disks, thumb drives, flash cards, audio, cloud storage, or video tapes), and/or ( 4) on network locations (e.g. U:drives or in shared network folders).
The Recipients Should:
• Review all of their records, files, hard drives(s) or other electronic storage media to identify potentially relevant documents.
• Be over-inclusive.
• Back-up relevant documents and segregate them from other records for safekeeping.
• Have his respective attorneys call me with questions.
Note that this litigation hold supersedes the provisions of any record retention policies or guidelines. Thus, the recipients should preserve relevant documents in accordance with this Notice of Litigation Hold even though retention of such documents may not be required under any customary record retention policies or guidelines.
The Aggrieved parties advise that the spoliation of evidence destruction or concealment of evidence will be prosecuted to the full extent of both civil and criminal law governing spoliation of evidence, destruction of evidence and concealment of evidence. Texas judges routinely instruct that destroyed evidence should be taken as proof, by the jury of the facts sought to proven by the Aggrieved.
THE BARBKNECHT FIRM
A Professional Corporation
ATTORNEYS AND COUNSELORS
The "B "Tower
1700 Alma Drive, Suite 290
Plano, Texas 75075
Telephone (972) 312-1510
Fax (972) 312-1511
wwwthebfirm .com
February 29t\ 2020
Via email George@first-biz.com George Chamblee
First Business Resources, Inc. Preston Commons West
8177 Preston Road, Suite 300
Dallas, Texas 75225 Dear George,
Thank you for the note that you sent to Mr.Markland to Mr. Harper today.
We believe you have set forth an illegal and improper premise in your letter to them.
What case law and what items within the bylaws do YOU have or does DSC have to deny voters the right to case a ballot right up to the point of counting them on March 12, 2020 as they have always done in years past? Your simply saying so does NOT make it enforceable at TEXAS law.
We submit there is NO legal authority and that for you to proceed with any attempt to disenfranchise DSC members from casting ballots literally right up and through the evening of the election, as has always been the case.
It is clear and the evidence will support this that the attempt to disenfranchise voters falls into three categories: 1. Disenfranchising African voters 2. Disenfranchising Hispanic voters and 3. Just old fashioned voter fraud and disenfranchisement of people with less power.
If YOU and the "power brokers" at our wonderful club pursue this silly course of conduct and attempt to go through with denying people the right to cast a ballot right up to and including the meeting on the evening of the lih of March here is what you
will accomplish; a voting rights law suit against you and each of them personally and to the extent the Club for: election fraud, voter suppression, discriminatory voting practices, civil right violations, violations of fiduciary duties and violation of freedom of association. This will be a successful suit against each person who is connected with denying the vote to DSC members for the very obvious purpose of stilting the election to the powers that be.
Most unfortunately and apologetically that will most definitely include you. The venom that has been spewed against Africans, Hispanics and the good people of DSC who simply wish to vote will be a pure joy to present to a Dallas County judge should you folks wish to pursue the agenda set forth in the attached letter you sent earlier today.
As a friend of many of you I hope you reconsider but if not it shall be as I have stated a pure joy professionally putting each of you under oath on this matter and so much more. If it were not for my strong positive and friendly feelings toward you and others I would not even write this letter I would simply allow you to pull the pin on yourselves. The evidence just keeps piling up on the Members side and burying the control group.
In 36 years of practice I have never ever seen an organization so bent on denying its members a legitimate vote and that now is so avidly working to disenfranchise voters particularly African and Hispanic voters in this matter. Wait until the press gets ahold of this should you decide on such a silly course. WOW!!!
On to other topics
We think it an excellent idea to have an independent firm count the ballots on the 11th and 12th of March, unless you want to set off the bomb that you have set out in your letter.
Please tell us about the independent firm in essence how it lacks connection directly with members of DSC governance. It seems like it should not be necessary to ask this question, but in years past we have seen a complete ignoring of such conflicts of interest.
Please address immediately this request for legal authority before you and others bite off a very serious voter disenfranchisement lawsuit.
Also if you have already retained independent counsel please put me in touch with them. If you choose to set off the threatened bomb you have sent to Mr.Markland Mr. Harper you will have some very real conflicts with the control group.
Given the position you have put your name upon please find attached a litigation hold letter to you personally and professionally.
Just as a note between you and I as friends, how pathetic is it that an organization schemes and plots to deny its members the simple right to express themselves in an election.
Looking forward to hearing from you before this is turned into a problem that the folks who think this sort of thing is clever come to regret in a big big big way.
214-704-2046 Joseph A. Barbknecht jab@barbknecht.com
THE BARBKNECHT FIRM
A Professional Corporation
ATTORNEYS AND COUNSELORS
The "B "Tower
1700 Alma Drive, Suite 290
Plano, Texas 75075
Telephone (972) 312-1510 Fax(972)312-1511
www.bfirmtx.com To George Chamblee: Delivered via Email George@first-biz.com
February 29th, 2020
Hereinafter know as recipient.
The Aggrieved Parties are DSC Life members and our clients SUBJECT: LITIGATION HOLD & RECEIVERSHIP
It is with great regret that this letter and the accompanying LITIGATION HOLD is sent to you, but continued and unrelenting highly inappropriate conduct actions and efforts make this necessary. Our clients wish to be highly above board and transparent in all of these undertakings and only wish the same were true from you people.
1. Elections
Last year our clients sent a simple request exercising their rights under Texas Business and Commerce Code Section 22.158 and later under Section 22.351 That was met with a series of highly inappropriate responses. These were taken in hand by our clients. Those of you currently in governance for DSC failed in your fiduciary duties to the membership of DSC through your actions.
Two lists were produced one represented to be the 2019 DSC voting list and one represented to be the 2020 DSC voting list. These lists, and the representations as to the lists, were relied upon by our clients. They took the representations' as true and correct which they were entitled to do.
My clients are now encountering growing evidence of what appears to be outright
Letter ref Litigation Hold and Other Issues Page 1
FRAUD as to the lists. There appears to have been significant manipulations of the lists prior to turning them over to this law firm. More than 900 addresses in Texas alone seem to be invalid and possibly in excess of as many as 1,500 in total. These do not seem at all to be the 2019 nor 2020 DSC voter lists which are used by DSC. If this is indeed true Fraud has been committed upon the members, voting fraud has occurred, and the upcoming election has been manipulated. As evidence increasingly points to this most unfortunate conclusion, it is necessary to put forth this Litigation Hold and Spoliation Warning. . If these suspicions are true it will be necessary to proceed against the guilty parties and to nullify the election and seek the many dollars caused in damages and other compensation.
2. Continuing Failure to Obey the Law
Our client's exercise of the right to the corresponding email list with the voter list has yet to be complied with and no emails have been turned over. This has materially prejudiced our client's rights, and the rights of every qualified DSC voter. Such list readily exists, and they have a right to it under Texas Law. In tum you have no options or rights to continually withhold it. Each of you in DSC governance is believed to be in violation your fiduciary duties to the DSC membership
3. Inappropriate Statements knowingly made to create false assumptions
· The list has been used in very inappropriate campaigning by the members of governance. Indeed Mr. Allison has used it to make statements to all members via an email list denied to us, leading the membership to false conclusions. Mr. Patterson and Mr. Hood have sent somewhat similar emails. Statements have been made that lead a reader to conclude that only the ballot, sent by your DSC governance group, is official and that voters should not use any other ballot. This is a false and inaccurate conclusion and each of you know that. Presuming you have read the DSC corporate charter and the DSC bylaws, which specifically allow qualified members to change the bylaws via election and to have matters addressed by voters, you would know that. Thus, the ballot circulating by these DSC members IS an official ballot.
Email communications from the three individuals above and probably others are leading people to a highly false conclusion and pursuant to the Texas Civil Practice and remedies code my clients demand an immediate retraction and your expressed validation of my client's ballot be issued to all persons to which such false communications were sent.
This demand is necessary before proceeding in an action that can involve damages, inclusive of exemplary and punitive damages, being sought from the perpetrators. This retraction should be done immediately and as a minimum to prevent further irreparable harm to our clients and the DSC membership.
4. Past and ongoing Gross violations of conflicts of interest.
There continues to be evidence of extremely GROSS conflicts of interest in the Governance of DSC, DSC Foundation and DSC frontline foundation. Persons who are in overseeing positions of DSC have been and are also currently in governance of the very organizations to which DSC gives material financial and other aid.
5. Illegal Voter Disenfranchisement.
February 29th 2020 George Chamblee sent exhibit one to this letter to the Aggrieved parties promising disenfranchisement of African, Hispanic and of members who are dissatisfied with the current voting structure and who wish to freely cast ballots pursuant to long standing precedent of DSC of having voting up to and through the annual meeting.
The promised voting disenfranchisement is designed to very significantly and disproportionately affect these three stated groups and is in violation of several causes of actions set forth in a letter specifically to Mr. Chamblee dated February 29th 2020 addressing the illegal content of his letter.
6. Unanswered Questions as to conduct and financials of officers
There continues to be unanswered questions in regard to Mr. And Mrs. Evans and other current and past directors' and officers' travel, hunts, and benefits received while in office which may not have been properly accounted for to the IRS and may have been gross conflicts of interest, and hopefully, not quid pro quo arrangements.
7. Ross Jackson matter and Ethics manipulation
There has not been a satisfactory examination investigation and conclusion to the Ross Jackson affair. Indeed, the outrageous manipulation of the ethics process has left open that matter and opened large concerns regarding the fiduciary duties of all persons in DSC governance, including Mr. Cheatham and those on the ethics panel.
8. DSC Foundation and DSC Frontline foundation
There have arisen significant concerns regarding the propriety of the financial affairs of these two foundations. Additionally, there is concern of basically a volunteer, Mr. Cheatham, being turned into a paid employee in light of his capacity and ability to perform. Certainly not last nor least, there seems to be a direct recipient of DSC and or DSC foundation funds sitting on the board of the DSC foundation.
Not simple errors or omissions
My clients do not believe these above and others concerns if true and accurate are simple errors or omissions but have been done and conducted with intent as intentional acts.
Insurance Notice
You may wish to send this letter and attachment to both your personal and professional insurance carriers for examination. A failure to do so could prejudice
their rights and result in effects upon your coverage. As an aside our clients do not believe there would be coverage for the acts and issues raised above as they are intentional acts. We leave it to your carriers to make that determination, if you should choose to so notify them.
You may wish to consult individual counsel as it would seem correct that not everyone will have the same liabilities if each of these matters are ultimately litigated.
We believe it is and would be a gross misappropriation of the financial resources of DSC for those funds to be spent on a defense of any potential claims that may be brought as discussed in this letter as no one in the club has ever authorized illegal and intentional wrong doing.
At the end of the outcome under new leadership such misappropriation of funds would be legally and logically followed to its just end.
This litigation hold attached hereto should be regarded separate and distinct from any that may be forthcoming from the United States Justice Department. The terms and conditions of the attached document stand on their own.
We also request that in light of what seems to be increasing evidence of wrong doing that you immediately engage with us over the appointment of a Professional Receiver of the Club until these and other issues are appropriately and hopefully amicably resolved.
IN Conclusion
We wish to have your letter of February 29th withdrawn canceled and rescinded. We suggest that a count occur on March 11th and lih through the time of the meeting. But if you like being a defendant in a law suit which will be won by my clients that is your choice.
We are very sorry you have chosen this most unfortunate path.
Please feel free to contact me.
With Best Regards
214-704-2046 jab@barbknecht.com
29 February, 2020
Matty Markl
P.O. Box 711 Roanoke, TX 76262
martym@energyfinanc ing.us
Bob Harper
P.O. Box 711 Roanoke, TX 76262
hunters@outdoo rvisions.com
Delivered Via Email
Marty and Bob,
In order to facilitate an objective and accurate count of the proxies and ballots for the upcoming DSC Annual General Meeting on March 12, 2020 {the "2020 AGM"), the DSC has retained the accounting firm Saville, Dodgen & Company ("Saville" or the''Accountants") to count all proxies and ballots for the 2020 AGM.
The DSC's Official Notice of 2020 Annual Meeting, dated January 31, 2020, provided notice that all proxies received by the DSC after 2:00 PM on March 5, 2020 will not be counted. Official DSC email blasts on February 7, 2020 and February 19, 2020 provided additional notice of such requirement. With this understanding, any proxies not received by the DSC by 2:00 PM on March 5, 2020 will not be counted for the 2020 AGM (the "2:00 PM Cutoff'). Saville will take possession of all proxies following the 2:00 PM Cutoff at DSC headquarters. You should arrive at DSC headquarters on March, 5, 2020 and deliver your proxies directly to Saville by the 2:00 PM Cutoff. Any proxies which you do not deliver to Saville by the 2:00 Cutoff will not be counted for the 2020 AGM unless such proxies were delivered to the DSC prior to the 2:00 Cutoff. When you deliver your proxies to Saville, they will provide you with a written receipt indicating the number of proxies which you delivered to them.
As proxy holders you are both invited to be present when the proxies are counted by the Accountants in the Saville office at 700 North Pearl Street, Suite 1100, Dallas, TX 75201 (the "Proxy Counf'). Due to the high number of anticipated proxies, it is estimated that the Proxy Count will take approximately 10 hours to complete it its entirety. Please advise as to whether you would prefer the Proxy Count to take place on Friday, March 6, 2020 or Monday, March 9, 2020. Please note that the DSC proxy holders and the DSC Election Judges will also be in attendance at the Proxy Count.
Sincerely,
·George Ofiamblee
Chief Election Judge
Ov.O