Wednesday, August 09, 2006

Dear Mr. Chavez, The case regarding your disbarment from the AGIF

July 19, 2006

Ram Chavez
1642 Sandlewood
Corpus Christi, Texas 78412

Re: Requested Information by National AGIF

Dear Mr. Chavez,


I would first point out for the record, that you and I exchanged several communications through email in which I made my position clear regarding your “intended” lawsuit, your intentions regarding the Dr. Hector P. Garcia Chapter (hereafter, the Garcia Chapter), and bringing in the Garcia family into your issue. It is now my opinion based on these communications and your responses, that your intentions were never in the best interest of the Garcia Chapter, but rather you used the Garcia family and the Chapter “politically” as a strategy to “play out” what you needed to do for your interest. Let me explain my argument.

The case regarding your disbarment from the AGIF was a separate issue from the requested information regarding the funds obtained from a lawsuit the Garcia Chapter filed. To this date, after you have explained to me through your emails, that “the end was near” and that “you would win this battle” has never materialized. What has materialized is the fact is that now the Garcia Chapter’s Charter has been suspended and you and your attorney are no where to be found, additionally, you have never filed a lawsuit pretty close to a year now. Again, this leads me to believe that you were “posturing” to see how far you could get by using the Garcia Chapter and the Garcia family to “fight” your case for you without filing the lawsuit.

It is my perception that you have misled the Garcia family and the membership of the Garcia Chapter. I have been involved in many circumstance in which I am directly involved in these type of investigations. The first question I raise, if they didn’t do anything wrong, what would be the problem in submitting the requested information? Through your actions, you have raised doubts regarding the Garcia Chapter’s integrity and have placed the Garcia Chapter and it’s membership in a very compromising and legal position.

Thus, you have brought intention “harm” to the Garcia Chapter and it’s members through your conduct and actions. As the Commander of the Garcia Chapter you should have immediately initiated an audit and responded to the requested information. If indeed, you and some of the Garcia Chapter contended and argued that you “were still their commander” regardless of your disbarment from the AGIF, why didn’t you act like a leader and address this matter as the commander? My assumption is that you were aware that “legally” you couldn’t make these decisions so you allowed the Garcia Chapter to take a vote on this matter rather than advising them that such action to vote not to release this information would and may compromise their Charter. At this time, were you not the only one being represented by an attorney?
I have contacted the Internal revenue service and they have provided me the following information regarding a 501 © (4) organization:


(1) If the organization has paid employees they must file the appropriate 941 form;
(2) If the organization had more than a total of $25,000.00 or more income they must file form 990 if over $100,000.00 or 990 EZ if under $100,000.00; and
(3) If the organization has unrelated business income of $1000.00 or more they must file form990T.

One of these documents, more specifically 990 or 990EZ, must have been filed during your tenure as Commander of the Garcia Chapter.

First and foremost, you should not have any financial documentation belonging to the Garcia Chapter in your possession due to your disbarment from the AGIF. Secondly, absent any lawsuit and/or injunction filed by your attorney, you hold no official position with the Garcia Chapter; therefore, you should not have any financial belonging to the Garcia Chapter in your possession. Any and all financial documentation, including those identified above in your possession should be immediately turned over to the Garcia Chapter for purposed auditing this information. If you wish to speak to your attorney you can do so and have him/her call me to discuss this matter.

Mr. Chavez you owe the Garcia Chapter and the Garcia family an explanation regarding the misleading information. Mr. Chavez, I will remind you that while you were acting commander of the Garcia Chapter you are and were responsible for insuring the financial accountability of the Chapter, therefore you owe the Garcia Chapter and it’s members and the Garcia family an explanation for the financial accounting of this information.

The Texas AGIF is on a new course and direction; one of the goals of this course and direction is to insure accountability of all Chapter leadership and members. Thank you.

Respectfully,

Peter Vallecillo
Acting Texas AGIF Civil Rights Director

Cc: Cecilia Akers
Bob Ortiz, Vice Commander, Dr. Hector P. Garcia Chapter
All State Board Members