Re: Lawsuit Against NTSSA Board Member David Arciniega & Garland

[soccerjack]

Most of the posters here seem to be anonymous.  Anyone who would like documentation can message me and I will be happy to provide everything I have.  

It is high time that Garland Soccer and NTTSA start operating like the 501 c 3 charitable organizations they are and follow their own by-laws, state laws concerning fiduciary duty and IRS regulations about what docs are to be available to the public and the charity's members.  I have served as an administrator for Realscam.com for many years.  The main focus of that free discussion site is financial fraud.  I have never be known to be shy about asking the tough questions and posting the facts.  

I hope we will see positive changes in Garland while there is still something left to save.  

We aren't anonymous. All avatars are fictitious alias' of me......DAVID A....I set this board up years ago in anticipation of your posts. The only people on it are you and I ....I only wish you could hear the sinister background music I have playing now. Beeeeeewwwwwhhhhhhaahaha

[Guest]

Soapboxmom, I am confused about your latest post.  If the Garland Police wanted to perform an investigation, I am not sure that it would be halted merely by David Arciniega telling them, "No, you cannot see my documents."   Police investigations do not work that way.  Generally speaking, the police do not stop investigations just because the defendant is not cooperative.  Heck, I wished it worked that way.   It would have made my teen years a lot easier.

[Soapboxmom]

In this case I was the U6 Girls Director.  The CEO, President and registered agent was and is David Arciniega.  He was the only one with the power to file a complaint on behalf of the corporation, Garland Soccer inc. that was"missing money."  The hands of the police were legally tied.  

David Arciniega claimed to the police that the secret executive board (Arciniega and his stooges Sam Perry and Kim Verity) decision to accept a discount from a whopping 10% fee to a still whopping 8% fee of the registration monies took care of the issue.  He also falsely claimed the problem was only "an error in processing," though the board was told Dan Ptak of Jevin couldn't get a loan for 8 grand.  What company that is 12 years in business and successful can't manage to qualify for an 8 grand loan?  Then Arciniega told the board a wild story about 42 grand more was missing from other sports organizations due to the payment processor.  Arciniega told the coaches there was ongoing (already filed in progress litigation) between Jevin and the (said to be guilty) payment processor.  Jevin never filed a suit in 2013 or after, nor did Jevin do the obvious and file charges with the police ( a free investigation mind you.)

David Arciniega refused to seek any documentation and the Garland Board got zero documentation from him after numerous requests.  Those of us who demanded that Arciniega follow the law concerning fiduciary duties were endlessly attacked and harassed for doing our job.  Our concern was to see that the money was safe and that Garland Soccer was completely open and transparent with everything.

In late 2013 after this bloody battle in the GSA boardroom, Jevin changed payment processors to the giant Chase bank.  Now, well over 100 grand is reported to be missing from this spring season alone.  Criminal charges, civil court cases and/or a bankruptcy for Jevin are all possibilities. I will guarantee Chase is not responsible for this huge money loss.  What crazy stories will Dan Ptak and David Arciniega (who helped write the software) cook up to explain this latest financial folly?  Since, Arciniega is too stupid to quit using Jevin, the parents and coaches will have to dissolve the corporation and form a new group to run the program or bail and register elsewhere.  

I would have given anything to have had the authority under Texas law to keep that criminal complaint open and get it investigated.  Now, we have at least 100 grand and maybe more money not being paid to small charities that will be devastated by these losses.

[jsullivan81]

I think we all understand you and he will not be bff's anytime soon. But, I spent all of 45 seconds looking for other cases with your name associated. I am shocked that this is not your first, second or even third civil suit you have brought. They all have at least one thing in common. You want to paid for "damages". Your suit may indeed have merit, but the moment you added the $100K, in my unprofessional opinion it seemed like a way for you to make a quick buck. In this case though, it is anything but quick. I have no interest in GSA. You spend so much time on these posts so there has to be more to this story. Maybe you are one of those people that has to right a wrong regardless of what it entails. If so, kudo's to you. I fully expect this to not deter you one bit as you are hell bent on taking this guy down. So, good luck to you. Hopefully you will hit the lottery soon, I mean win your lawsuit for $100K.

[FCsoccer1]

She's actually going to get hit with a lawsuit of her own for defamation. Plenty of comments here with her IP address.

[Soapboxmom]

She's actually going to get hit with a lawsuit of her own for defamation.  Plenty of comments here with her IP address.

That would require provably false statements of fact. The truth, my opinion and hyperbole etc. are not generally going to be actionable. As the previous poster indicated I have been involved in several court cases and I would know. I have volunteered on sites that expose financial fraud for more than a decade and am no stranger to controversy.

Check out the Harvard law site for an example:
http://www.dmlp.org/threats/darnell-v-dobrott

[ballhead]

Perhaps the worst part is that she doesn't realize that these constant inane posts that so clearly demonstrate a personal agenda actually hurt her position, and most likely cost her support.  

I have no idea whether anything she says is true or not, but I suspect that many here would love to see her lose simply because of the way she carries on.

[CBTeamworks]

Perhaps it's all true but due to the stalking style I'm less likely to believe that it's true and more likely to believe that there's an ulterior motive by the poster. I'd be more likely to believe the allegations if they were being reported by a muck raking journalists such as Brett Shipp.

[Soapboxmom]

One can read the verifiable documentation. I have made it public as it should be. And, do note that no one involved in Garland Soccer has filed suit against me after all these months of controversy:

http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/

[CBTeamworks]

I have to believe that it would make a good news story if it were true. If it's not being picked up as a news story then why not?

[BrianWilliams]

Did someone say "journalist"?

I must admit, I was there.  I saw the carnage inflicted.  As I was covering this story, we took heavy fire.  We were forced to take cover after coming under attack by an RPG.  

But I made it out so I could tell you the story, as I witnessed remember it.

[Soapboxmom]

http://cw33.com/2015/06/16/north-texas-soccer-coach-arrested-for-child-indecency/

I have done 3 interviews with the local media in the last year. No doubt there will be follow-ups.

[CBTeamworks]

You went from child indecency to embezzlement? The story you linked was only about the child indecency and implicated the coach not the league president. Did I miss the embezzlement story by the media?

[Soapboxmom]

"As NewsFix reported last month, Heather Dobrott has now filed a lawsuit against the GSA saying she was voted out for blowing the whistle on mismanagement"

[Soapboxmom]

You went from child indecency to embezzlement? The story you linked was only about the child indecency and implicated the coach not the league president. Did I miss the embezzlement story by the media?

I have said that Garland Soccer (i.e. president, David Arciniega) is not properly documenting things and where there should be transparency there is secrecy and lies.

[soccerjack]

I must live in a different world. Never heard of news fix or realscam...are you the moderator of news fix also?

[CBTeamworks]

Embezzlement and child indecency are newsworthy. Lack of transparency, secrets and lies are not.

[CatchyUserName]

Perhaps the worst part is that she doesn't realize that these constant inane posts that so clearly demonstrate a personal agenda actually hurt her position, and most likely cost her support.  

I have no idea whether anything she says is true or not, but I suspect that many here would love to see her lose simply because of the way she carries on.

agree completely with the above, soapbox comes across as an absolute loon in her posts and pretty much nullifies the validity of any point she is trying to make.

[ballhead]

NewsFix and Realscam.com....That is definitely the mainstream media. This has to be real.  

I'm sure Soapboxmom's being a moderator at the Realscam site plays no part in the completely unbiased information posted there.

[Soapboxmom]

Read the documents:


http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/

I would be happy to forward you the originals of any documents and e-mails etc. that you are taking issue with. I doubt you have bothered to read those source documents at all. When you have read them all carefully, then feel free to ask some questions.

[CBTeamworks]

Too busy to care. If real news organizations don't think it's newsworthy either then neither do I. Just speaking for myself but I have more important things to do than to read allegations of corruption, lies and lack of transparency. If I lived in Garland I might care a small bit more.

[CBTeamworks]

It could be that what you're doing is noble by trying to clean up your little corner of the world. What's the end game or strategy for sharing it on this forum? How can it further your cause?

[Soapboxmom]

I want Garland Soccer to be open, transparent and growing again. NTSSA has David Arciniega on the board and things are not running well there either. I am happy to speak up for those afraid to come forward. The secrecy and lies are exactly the reason Garland is imploding and the numbers are plummeting. It takes a village. This is about all the kids! We all need to be working together.

[CBTeamworks]

What would need to happen to change Garland Soccer? How does posting on this forum lead to that change?

[Packrabbit]

Just looked over this last night...

Actually, appearances and transparency are a big deal in the workplace, leadership and the board room- profit or non-profit corps-- especially when dealing OPM (other people's money).  A lack of transparency and secrecy not only enable, but a symptom of misconduct. Executives and board members have an legal responsibility to avoid the appearance of misconduct or conflict of interest

Personally, I don't like the format soapbox has chosen to use expose this isssue...the rolling charges, lawsuits are unseemly and make soapbox civilly responsible if allegations are false...Indeed, if her public allegations were frivolous, I wonder why it hasn't been addressed... But a countersuit would Dribble An opening of the books to disprove.  It's totally possible soap has an ax to grind, possibly someone on a mission. Regardless, I think we all can agree soapbox is not doing this to win a popularity contest, is oblivious taunts and criticism and she most likely never see a penny of the $100 if her charges are true.

However individual board members can be held legally responsible for board malfeasants. The $100k doesn't bother me bc monetary damages improves standing and usually is more helpful in enforcing action.  Her attempt to involve police could have been futile police since police can't involve themselves in perceived civil suits.

The NTX club fraud and missing money of the past decade do give me pause. It would be quite easy to divert a small portion of numerous small payments.  I have been very surprised about how some of these clubs and organizations are run by the "owner", without oversight from their boards (which in turn, exposes individual board members reputations and possibly legally.

I know I shouldn't do this, but... Soapbox (pls correct where I am wrong) is alleging...

-So Jevn is a small credit card processor, who is buddies with David A...
-David A gave  Jevn the soccer group's credit card processing business.
-Jevn transaction charge was 10% of gross proceeds, which was "negotiated" down to 8%.
-$8000 initially has disappeared, and now $100k

Just these "facts" alone are disturbing.
-Sending work (or money that is not your own) to a known associate should be a very transparent process that is fully vetted by the board.
-an 8-10% processing fee is absolutely outrageous; TOTAL fees (processing plus individual cards, bank charges, etc) over 3-4% is excessive.
-depending on size of the operation, the missing $8k should have put the board into emergency investigation mode.
-$100k should have warranted an hired outside audit.

Who is responsible for bookkeeping & auditing garkand's books?

What Chase bank say about Jevin?

[Soapboxmom]

Jevin is the sports management software David Arciniega is forcing Garland Soccer to use. Jevin collects all the money using a payment processor they work with.  Jevin takes out its percentage and then sends the rest of the registration and tournament fees to the customer (at least some of the time .).  And, by the way the rest of NTSSA uses Gotsoccer.com.  Garland is the only one on Jevin.  Therefore when rec coaches get select players they are brought up on charges and booted for a year even though it is the computer software's fault.  

The over 100 grand said to be missing is other sports organizations across the country that are 501 c 3s as well that have not gotten all their spring season funds paid to them by Jevin.  I have spoken personally with 4 of them and have a reliable figure for missing money for a 5th organization that I will be contacting for details.  Various different avenues are being pursued by these groups to recoup their money.  

I spoke to the processor Corduro's CEO back in 2013.  I haven't inquired with Chase as I am no longer on the board.  Chase will likely be hearing from at least one disgruntled customer who wants to try and recover their money through them.  

Garland Soccer has had a perfunctory audit every 2 years.  Though several of us requested a forensic audit to go into these secret areas, David Arciniega always denied us.  It would also be wise to have independent counsel look at the way Garland Soccer has operated in the past few years.  NTSSA and US Youth need their eyes opened.  State law concerning fiduciary duties, by-laws and IRS regulations are routinely flouted.  

I went to the police in 2013 long before the suit was filed. I updated them with the figure of 50 grand missing in July after David Arciniega claimed Jevin had already sued payment processor Corduro (the falsely accused it seems.)  They really wouldn't pursue charges without the president, CEO and registered agent signing off.  Now, sadly, more charities are fighting with Jevin trying to get their money from reports I am personally receiving. Lots of things to be watching.

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