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Fred, I posted it here simply because there is still a chance to revoke the endorsement, do the right thing and avoid the upcoming embarrassment. That will include public disclosure about all circumstances surrounding this unfortunate endorsement. The ball is in your court.
I have posted it at the Voting Members Discussion board. Some may wish to discuss it there.
I hope that your lawyer takes the time to explain to you that there are specific meanings to the words "harm" and "damages".
Why do you need an "introductory letter" to your lawyer?
I do hope you told your lawyer the following things:
a) you have been a voting member of the CFC for all of two weeks; prior to that you had no involvement
b) the announcement of the executive was made months ago, before you started berating everybody in sight about the KI/GK issue
c) you ran against the current president in the most recent elections
d) you ran almost solely on the basis of the KI/GK issue and seem to be interested in no other issue
e) during the on-line AGM you posted in essentially every discussion thread about the issue, even though there was a thread dedicated to it
f) the threads were closed not by fiat of anybody; they were closed because the meeting was over
g) the current president (and any returning executive) was re-elected by an overwhelming majority of the voting members, despite all voting members and probably anybody within listening distance of you knowing what the position of the president and executive on the KI/GK issue was
h) you clamoured vociferously to block a past president and highly respected organizer/TD from being a voting member because you didn't like the prize your wife received at a tournament that he ran
I do hope you told your lawyer all of this. Because it's not in your "letter".
There is no need for bond: I'm asking for the leave to have the CFC starting legal action against its executives. Besides there could be a ground for the class action suit. In any case I'm mindful about CFC's legal expenses. The losing party will cover it plus compensate CFC for the damages.
Spare yourself, the executives and CFC from the upcoming embarrassment.
The only embarrassment will be you and your lawyer making fools of yourselves.
I have posted it at the Voting Members Discussion board. Some may wish to discuss it there.
Thank you, Fred. Unfortunately in the Drkulec's CFC no real discussion is possible, everything is censored and controlled by him. Many times I was trying to have a discussion of the issue on the VM Discussion Board, had about 5% response. Here it is more responsive environment however moderator can insult you any time, guess that is the price you have to pay for using CT...
Let's be practical for a moment. You are busy people and felt that perhaps endorsement of KI is not ideal decision - in fact two executives abstained, but met with incredible pressure from President just decided to fold. Of course the story of $80,000.00 has played its role, in spite of your knowledge that it was "a loot". And nobody was thinking about the consequences. So now it is clear that it was a huge blunder. Potential exposure - several hundreds thousands of dollars. Shame and embarrassment. Upcoming public disclosure about "a loot". And what are you gaining for all this disaster? With exception of two people who created all this in the first place.
I was trying everything possible and impossible - even run for President so VM's would not have excuse that they re-elected Drkulec because there was no alternative...
It is still possible to revoke this embarrassing endorsement - sometimes we are making mistakes, the key is to correct them ASAP instead of stubbornly defending them. It's a right move to save CFC and establish dialogue with GK's team. It does not matter at all GK will win or lose - CFC wii proudly exit from self inflicted embarrassment.
Last edited by Sasha Starr; Wednesday, 30th July, 2014, 11:03 PM.
I hope that your lawyer takes the time to explain to you that there are specific meanings to the words "harm" and "damages".
Why do you need an "introductory letter" to your lawyer?
I do hope you told your lawyer the following things:
a) you have been a voting member of the CFC for all of two weeks; prior to that you had no involvement
b) the announcement of the executive was made months ago, before you started berating everybody in sight about the KI/GK issue
c) you ran against the current president in the most recent elections
d) you ran almost solely on the basis of the KI/GK issue and seem to be interested in no other issue
e) during the on-line AGM you posted in essentially every discussion thread about the issue, even though there was a thread dedicated to it
f) the threads were closed not by fiat of anybody; they were closed because the meeting was over
g) the current president (and any returning executive) was re-elected by an overwhelming majority of the voting members, despite all voting members and probably anybody within listening distance of you knowing what the position of the president and executive on the KI/GK issue was
h) you clamoured vociferously to block a past president and highly respected organizer/TD from being a voting member because you didn't like the prize your wife received at a tournament that he ran
I do hope you told your lawyer all of this. Because it's not in your "letter".
Steve
Hi Steve,
Not questioning your legal training, but just a gentle enquiry re. your post:
How many of your strictures above revolve on points of law i.e. are sustainable?
:)
Francis
Thank you, Fred. Unfortunately in the Drkulec's CFC no real discussion is possible, everything is censored and controlled by him. Many times I was trying to have a discussion of the issue on the VM Discussion Board, had about 5% response.
That is a blatant falsehood. The discussion board is NOT censored by him, and you, as a member on that board should know that simply by reading the posts on that board, many of which you have used as your evidence that Vlad is not following the wishes of the members. The reason why you got 5% response is that only 5% of the persons with access to the board considered it worthwhile responding.
You have a battle against the CFC President and several of the executives. Don't claim that this in turn means that the rest of us either agree with you or are your enemy.
Not questioning your legal training, but just a gentle enquiry re. your post:
How many of your strictures above revolve on points of law i.e. are sustainable?
:)
Francis
Hi Francis:
I am not a lawyer and have no legal training :)
I have had a fair bit of first-hand experience with legal matters of a corporate nature (although not Derivative Action).
All of my points are from a layman's perspective.
All of those measures cited should be relevant one way or another. Mr. Starr, if he does take this matter into court is going to have to show that actual harm (not damage) came to the CFC because of the actions of, well, Vlad Drkulec.
I would imagine that Mr. Drkulec's response would be that any harm is speculation at best by Mr. Starr, and that Mr. Drkulec and the Executive behaved reasonably making the KI/GK decision. He was re-elected with a strong mandate following the announcement of the decision and with the voting members knowing his announced position on KI/GK.
The other points essentially show that Mr. Starr has not been involved in the operations of the CFC before this issue, and that his action is vexatious, as Mr. Drkulec already said, trying to achieve through the court what couldn't be accomplished via the ballot box.
I believe that length of tenure is directly relevant to derivative actions. The fact that Mr. Starr ran for president on this one issue and Mr. Drkulec was overwhelmingly re-elected would be relevant as to his claims about democratic process being impaired and will also show personal bias.
The nightmare scenario for the the other side is if all of our executive emails and internal discussions are put in the public domain. I have been pretty open about everything. I will certainly oppose any attempt to keep that information out of the public domain if it is brought into the case. Of course that is if the case has any legs which I don't think it does.
The executive have not been stonewalling. We stood for reelection and won. We allowed discussion to take place both in the governors forum and at the AGM. The fact is that we would not give in to bullying and threats and have stood up to every attack and maintained our ground. Our approach has garnered attention around the world. People know who we are now. We are not part of the faceless herd. If you are weak and cave in at the first sign of opposition no one will take you seriously. At the end of this process when the smoke clears the CFC will have raised it stature and influence in the chess world.
...
At the end of this process when the smoke clears the CFC will have raised it stature and influence in the chess world.
I think that is only possibly true IF IllusionOf wins the FIDE election. I know you believe that to be a foregone certainty, but if G.K. wins he may not feel the love.
That is a blatant falsehood. The discussion board is NOT censored by him, and you, as a member on that board should know that simply by reading the posts on that board, many of which you have used as your evidence that Vlad is not following the wishes of the members. The reason why you got 5% response is that only 5% of the persons with access to the board considered it worthwhile responding.
You have a battle against the CFC President and several of the executives. Don't claim that this in turn means that the rest of us either agree with you or are your enemy.
1.Look, I'm not claiming anything.
2.The fact remains that CFC's executives have commited CFC to become an accomplice in a crime: remember the advice of one of the VM? Take the loot!
3.I don't need anybody's support, neither I've ever asked for one.
4.One question to you: what exactly makes you so unhapphy about my action? If I'll fail - this is my problem, you'll be unaffected at all. If I'll succeed - CFC will avoid to be an accessory to a crime and perhaps get some real finances instead of "the loot". Am I missing something?
My comments regarding the four requirements for the derivative action:
1.The directors of the corporation will not bring, diligently prosecute or defend or discontinue the action. I believe its true.
2.I gave Directors a reasonable notice of my intention to seek leave to commence a derivative action. It is expiring on August 1st at noon EDT. Nobody has asked for an extention.
3.I'm acting in good faith.
4.It appears to be in the interests of the corporation that the action be brought, prosecuted, defended or discontinued. Without any doubts CFC will come out of these proceedings much healthier and probably financially stable organization.
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