Posts by Las Malvinas son Argentinas

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

Posted on behalf of fizzywiglet, at her request, in response to Chaserious:

"Except that I checked the IRS's 501(c)3 list, and AAWA isn't on it. They may have applied for nonprofit status, but they haven't been approved yet...that generally takes between 2 and 12 months.

In any event, you are incorrect to think the attorney probably advised them on this. I used to work for an attorney, and I have filled out and submitted the incorporation paperwork on that attorney's behalf, as his paralegal. It was a perfectly routine process. The attorney doesn't do background checks or ask for proof of I.D. or anything; we asked the client for the basic info (names and addresses of board members, etc.), filled out the paperwork, mailed it in, billed our client a few hundred or $1,000 for it.

The attorney who submitted the paperwork on Richard Kelly's behalf would have no reason to suspect that a name/address was false unless Richard Kelly brought it up to him."

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

According to ARS 10-3202, Subsection I (for non-profits):

Any person who executed or contributed information for a certificate of disclosure and who intentionally makes any untrue statement of material fact or withholds any material fact with regard to the information required in subsection D, paragraph 1 of this section is guilty of a class 6 felony.

This is in line with the same exact information that the ACC representative provided fizzywiglet.

Notice this includes not only the person who executed the COD (the Incorporator), but anyone who 'contributed information'. This would apply to cedars as well, since he came up with the alias 'John Cedars' and provided such information, and not Mr Kelly.

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

However, the ACC response was in response to a direct question whether or not using an alias was against the law. Evidently they do consider using an alias to be a misrepresentation. I invite fizzywiglet to post what exactly she asked the ACC.

[edit - thanks for the clarification, fizzywiglet]

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

It's really unworthy of serious consideration by anyone with a brain when they don't take what the ACC says at face value. Unless you are accusing fizzywiglet of manufacturing or adulterating her entire exchange with the ACC, then your 'don't take anything unless it is from an attorney' line doesn't really add up. The facts remain: John Cedars is an alias. John Cedars is registered as the president of the AAWA on the Articles of Incorporation in Arizona. It is a class 6 felony to misrepresent information when applying for this charter. Unless you can prove that these three things are false, then you are speaking about something you have no idea what you are talking about.

Hearsay?

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

He's in an Eastern European country which might not even have an extradition treaty with the US. It's all on Kelly.

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

Actually I think the onus would be on Mr Kelly. John Cedars does not exist, and the person claiming to be him is safely outside the jurisdiction of the authority. According to his own admission, cedars is a UK citizen living in a small Eastern European country. If all this gets blown up, it'll be Kelly on the stand, explaining who, why, when, what, and where about John Cedars. I feel that the AAWA should get on this for Mr Kelly's sake alone.

159

Why isn't anyone on JWN invited to the Facebook discussion by AAWA tonight?

by wha happened? in

i guess we're persona non grata now.

take a look at what i found on facebook:.

we're firing up the grill again!

Las Malvinas son Argentinas

One doesn't need to be a lawyer, judge, or jury to read into the following words from the Arizona Corporations Commission which were in response to a direct question of whether or not it was legal to use an alias in incorporation documents and draw the necessary conclusions:

"It is a felony to misrepresent information on documents submitted to us. If you go to the first link below, click on the statute link on the left, click on the corporate statues and do a search under misrepresentation, you will find some matches. This includes ARS 10-202 (i) and I copied that part below.

I. Any person who executes or contributes information for a certificate of disclosure and who intentionally makes any untrue statement of material fact or withholds any material fact with regard to the information required in subsection D, paragraph 1 of this section is guilty of a class 6 felony."

I do agree that this will require a bit of legal manuevering to get out of and connect the dots, and that issue itself is best left to the professionals. I wouldn't exactly discount what the ACC says, just because a non-legal professional bothered to ask them a direct question.

447

Problems with the "Bogus AWAA Fan Page"..

by OUTLAW in

good afternoon jwn... .

i`ve spent the morning and part of my afternoon... getting to the bottom of... why names were added to the awaa fan page... it`s a dangerous thing to happen in our world... faders can be outed,we can lose,family,friends... the results can be an absolute disaster... .

aawa "did not" create the facebook awaa fan page.

Las Malvinas son Argentinas

Thanks fizzywiglet. So they got him on two counts really. You can't use an alias, and even if you could, the argument could be made that an intentional omission of crucial information was made in bad faith, therefore cancelling out your indemnity from liability in civil cases. The use of an alias itself is subject to criminal penalties, and such behaviour committed by a director can lead to a civil case being filed on an individual basis.

447

Problems with the "Bogus AWAA Fan Page"..

by OUTLAW in

good afternoon jwn... .

i`ve spent the morning and part of my afternoon... getting to the bottom of... why names were added to the awaa fan page... it`s a dangerous thing to happen in our world... faders can be outed,we can lose,family,friends... the results can be an absolute disaster... .

aawa "did not" create the facebook awaa fan page.

Las Malvinas son Argentinas

How is it 'reaching' when fizzywiglet asked a direct question to the Arizona Corporations Commission about using an alias within the Articles of Incorporation and getting this reply:

It is a felony to misrepresent information on documents submitted to us.

Is the Arizona Corporations Commission dead wrong and full of speculation? And what does international law have anything to do with this? This is a corporation incorporated under the laws of the State of Arizona.

Don't lecture me about being sensationalist.

447

Problems with the "Bogus AWAA Fan Page"..

by OUTLAW in

good afternoon jwn... .

i`ve spent the morning and part of my afternoon... getting to the bottom of... why names were added to the awaa fan page... it`s a dangerous thing to happen in our world... faders can be outed,we can lose,family,friends... the results can be an absolute disaster... .

aawa "did not" create the facebook awaa fan page.

Las Malvinas son Argentinas

They are exposing themselves to unnecessary risks here, especially in the case of the Incorporator, one Richard E. Kelly of Tucson Arizona. Sure, no one knows who John Cedars is, but Mr Kelly signed this charter and had the information notarised. They utilised the services of an attorney, but did they neglect to inform their attorney that one of the directors was using a false name and is a citizen and resident of another country, therefore outside the jurisdiction of the authority they were incorporating under? wha happened? is right, this isn't something you play around with anymore post-9/11. I also noticed that in the Articles of Incorporation, under the Indemnification of Directors clause, the directors are held immune from civil liability with three notable exceptions. Number two states:

Acts or omissions which are not in good faith or which involved intentional malconduct or a willful violation of law.

It would seem that using an alias and not specifying it as such would be "a felony to misrepresent information on documents submitted to us" and therefore be the 'omission' the second exemption was referring to. Not only would this expose Mr Kelly and/or cedars to criminal prosecution, but it would also strip both of them of indemnity from civil cases that could possibly be filed against them as individuals.