AVC vs VFW
Atascosa County Cause 21-
LAWSUIT
Copyright © US Veterans Council™ 2024
FAILED INSTITUTION INTO THE VFW
10/07/2020
DISCOVERY-
FOUNDING OF
ATASCOSA VETERAN COUNCIL™
05/05/2017
Atascosa Veterans Council™ (AVC) was founded by Steve Mueller, Alex Kight and Stephanie Pino to serve as a Veteran Service Organization (VSO) operating within Atascosa County.
06/14/2017
After discussion, AVC Directors and Members decided to seek Franchising with a Nationally recognized VSO. With much debate, it was decided to seek Chartering from either the American Legion or the Veteran of Foreign Wars of the United States (VFW).
06/17/2017
All three (3) AVC Founders; Steve Mueller, Stephanie Pino & Alex Kight, attended the 2017 Department of Texas Convention in Houston, Texas and discuss the feasibility of VFW franchising with VFW Department of Texas Commander Edward C. Torres and his Chief of Staff Larry L. Sanders.
06/30/2017
AVC Directors, Steve Mueller meets with VFW Dept. Of Texas Commander Edward c. Torres and Chief of Staff Larry L. Sanders to discuss establishing Areas of Responsibility (AOR’s) in Atascosa County prior to submitting a Application for Charter.
10/31/2017
Post Founder Steve Mueller, at the direction of Post membership, opened a Bank Account at the Security Service Federal Credit Union branch in Pleasanton, Texas
Only Post Minutes were submitted to Security Service Federal Credit Union (SSFCU).
No VFW Articles of Incorporation were ever submitted to SSFCU (They didn’t exist).
No VFW By-
PLEASANTON VFW POST 12162
WAS NEVER INSTITUTED INTO THE VFW
1st Attempted INSTITUTION of “Pleasanton VFW Post 12162” accomplished by VFW Dept. Of Texas Chief of Staff Larry L. Sanders and District 20 Trustee John P. Clark. Only Nine (9) of the required twenty-
VFW DEPT. OF TEXAS OFFICERS PRESENT
Department Chief of Staff Larry L. Sanders (Instituting Officer)
VFW DEPT. OF TEXAS District 20 OFFICERS PRESENT
District 20 Trustee John P. Clark (Sanders Assistant)
CHARTER MEMBERS PRESENT
(1) Member Henry Fojtik
(2) Member Ernest Casanova
(3) Member Stephanie Pino
(4) Member Thomas Plaster
(5) Member Steve Mueller
(6) Member Manuel Canalas
(7) Member Geraldo Lugo
(8) Member Lance Yaws
(9) Member AJ Dicaro
09/02/2017
1st Attempted INSTITUTION of “Pleasanton VFW Post 12162” picture of membership present.
ABOVE: Taken after 1ST FAILED “institution” meeting conducted by VFW Department of Texas Chief of Staff Larry L. Sanders. Pictured left to right-
1ST FAILED INSTITUTION ATTEMPT
FAILURE
TO FOLLOW PROCEDURES
VFW Dept. Of Texas District 20 Commander Jose Duran identify discrepancies in the Institution process, explaining the Post Election is “Void” and must be conducted again on 09/11/2019.
09/04/2017
Steve Mueller receives an email (Officer installation at VFW Post 12162) from VFW-
2018 VFW NATIONAL BY-
“A member may transfer from one Post to another Post as prescribed in Section 107 of the Manual of Procedure.
In the event that a transfer to another Post or Member-
2018 VFW NATIONAL MANUAL OD PROCEDURES SEC. 107 Pg. 62
“A member may transfer from one Post to another Post provided the following conditions are met:
1) completion of the application as prescribed in Section 102 of the Manual of Procedure
2) signing the Member Declaration as stated below
3) acceptance by the Post
With respect to transfers from a Post to Department Member-
Member Declaration
“I hereby certify that it is my desire to transfer my membership. I further certify that I am not indebted to my former Post, be it through oral or written commitment or otherwise, and that, to the best of my knowledge, no written charges have been preferred against me
by my former Post and I understand that any such indebtedness or charge which may be disclosed any time hereafter will render this transfer null and void.” Members transferring should surrender their membership card to the Quartermaster of the accepting Post.”
07/03/2017
Steve Mueller sends email (VFW/ New Charter Post in Pleasanton, Texas) Roy Grona and Daniel L. West @4:17 PM; “It was brought to my knowledge that there used to be a VFW post in the city of Pleasanton sometime in the past. Rather than be issued a new Post number from national; Is it possible to adopt the old number? That is, of course, if it is not currently being used? Paperwork status: I have ALL of the “new” members paperwork. Currently, I am awaiting additional documentation for two transfer members to submit with my package to Department. I have made it clear to the transfers that they must provide 214’s to be considered for Charter Membership. My objective is to have everything submitted NLT Wednesday. I have set that deadline to keep this moving forward. If the transfers in question have not submitted by then we will proceed with the minimums for formation.”
EMAIL-
Steve Mueller sends email (VFW/ Pleasanton Post UPDATE/ Post number) meant to update Edward C. Torres, Larry L. Sanders and Jose Duran @ 5:05 PM; “Commander, Just an update on my progress. I have the 214’s and other supporting documentation for ALL of the “new” members. (25 total) as we discussed on Saturday at Post 76 I have had this documentation in my possession for some time. I have obtained documentation for 9 of the 11 transfers that are requesting to become Charter Members. The transfers are holding me up. I am currently waiting on 2 Transfers to submit their documentation. I have set a deadline of Wednesday (5th of July) for receiving all of the documentation. I only require one of the transfers to meet my minimum for formation. If one of these two fail to submit by the Wednesday deadline, I will proceed with another member from my reserve. Regardless, We will launch on Wednesday with 36 total (1 Gold Legacy, 6 Life Members and 30 “or” 31 annual members). I have already have an additional 18 “new” members and another 12 transfers that have already committed and will be added to our rolls after formation. If my math is correct, I should start with 36 and end the year with 66 members/ with a competitive183.33% membership rating at national for my division. Past VFW Post in Pleasanton It has been brought to my attention that Pleasanton had a VFW Post sometime in the past. Question…. If a VFW Post did exist in Pleasanton. Can I use that Post number for the new Post? It is my understanding that Post numbers are not recycled and once awarded remain in the system. If that is true and the number is available I would like to request it at this time. *I have emailed Dan West and Roy Grona concerning the availability of the existing number. Thank you for your attention in this matter.”
07/04/2017
EMAIL-
EMAIL-
EMAIL-
Initial APPLICATION FOR CHARTER submitted to the VFW Dept. Of Texas Adjutant Roy J. Grona.
7/11/2017
Steve Mueller sends an Email (VFW/ Pleasanton Charter/ Post Number from National) to Edward C. Torres and Roy J. Grona @ 2:20 PM; “As per discussion. POST NUMBER -
EMAIL-
INSTITUTION INTO VFW
2018 VFW NATIONAL BY-
“Formation. A Post may be formed by completing a charter application consisting of thirty-
Institution. Each new Post shall be instituted within sixty (60) days of the date the charter application is approved by the Commander-
Chartering. The charter of an instituted Post shall include the name, date of muster, location and list of members. The charter shall remain open for ninety (90) days from the date of institution of the Post.
VFW National Manual of Procedures”
2018 VFW NATIONAL MANUAL OF PROCEDURES SEC. 201 Pg. 66
“Formation.
1. Obtain New Post Starter Kit from Department Headquarters.
2. Complete Charter Application.
3. Submit completed charter applications, membership applications and membership transmittal to Department Headquarters.
4. Approval by Department Commander
Institution. The Department Commander having jurisdiction shall designate an instituting officer. The instituting officer shall be a member in good standing and shall hold or have held an office equal to or of higher rank than Post Commander. The instituting officer shall be responsible for the proper institution of the Post. No Post shall be instituted with less than twenty-
Chartering. After ninety (90) days, the Post Commander shall verify the information necessary for the issuance of the charter. When a charter has been issued and signed by the Commander-
Steve Mueller sends an Email (VFW/ Pleasanton Charter/ Post Auxiliary) to Edward C. Torres and Roy J. Grona @ 2:21 PM; “Commander, CC. Roy Grona/ State Adjutant/ State Quartermaster. Post Auxiliary. According to the By-
EMAIL-
Steve Mueller sends an Email (VFW/ Pleasanton Charter/ Articles of Incorporation/ By-
ARTICLES OF INCORPORATION. I have already accomplished the Articles of Incorporation -
EMAIL-
EMAIL-
EMAIL-
EMAIL-
EMAIL-
EMAIL-
Steve Mueller sends an Email (VFW/ Pleasanton Charter/ Pleasanton advertisement & Awareness Campaign) to Edward C. Torres and Roy J. Grona @ 2:21 PM; “Commander, CC. Roy Grona/ State Adjutant/ State Quartermaster. Advertisement & Awareness Campaign. I have already launched on my awareness campaign for Pleasanton AOR. Phase 1. Currently, is complete-
08/17/2017
VFW-
08/28/2017
The National VFW Commander-
The National VFW Director of Administrative Operations David E. Prohaska and requests a District 20 officer be assigned to “assist” new Post after its institution into the VFW. *The District Officer selected by District 20 Commander Jose Duran and approved by VFW Dept. Of Texas Commander Edward Torres to “assist” and Mentor the Post was John E. Shipley.
VFWP_00530
08/29/2017
Larry Sanders forwards an Email (New Post No. 12162 -
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” was accomplished by VFW Dept. Of Texas Commander Edward C. Torres and assisted by VFW Dept. Of Texas Chief of Staff Larry L. Sanders. Only Sixteen (16) of the required twenty-
VFW DEPT. OF TEXAS OFFICERS PRESENT
Department Commander Edward C. Torres (Instituting Officer)
Department Chief of Staff Larry L. Sanders (Torres Assistant)
VFW DEPT. OF TEXAS District 20 OFFICERS PRESENT
District 20 Commander Jose Duran
District 20 Sr. Vice Commander/ Post 6970 Commander John E. Shipley (Post Mentor)
District 20 Jr. Vice Commander Rolando Webber
District 20 Quartermaster Caros Vela
District 20 Judge Advocate Dan Medrano
District 20 Trustee John P. Clark
ATASCOSA COUNTY POST 4853
Post 4853 Adjutant/ Quartermaster Patricia S. Hewitt
CHARTER MEMBERS PRESENT (Previously Vetted)
(1) Member Steve Jaksik
(2) Member Jose Lopez
(3) Member Johnny Rogers
(4) Member Lance Yaws
(5) Member Manuel Canalas
(6) Member AJ Dicaro
(7) Member Henry Fojtik
(8) Member Stephanie Pino
(9) Member Alex Kight
(10) Member Steve Mueller
(11) Member Mike Gabel
CHARTER MEMBERS PRESENT (Not previously Vetted)
(12) Member Dr. Laurence Rosen
(13) Member Dr. Neal Gray
(14) Member Dr. Gerald Greenfield Jr.
(15) Member Vince Vita
(16) Member Dr. Antonio San Martin
09/11/2017
2ND FAILED INSTITUTION ATTEMPT
ABOVE: Taken after 2nd FAILED “institution” meeting conducted by VFW Department of Texas Commander Edward C. Torres. Pictured Standing left to right-
ABOVE: Taken after 2nd FAILED “institution” meeting conducted by VFW Department of Texas Commander Edward C. Torres. Pictured Standing left to right-
AVC Directors, Mueller, Pino and Kight, after signing the VFW Article of Incorporation in front of VFW Department of Texas Chief of Staff Larry L. Sanders, asked Sanders what was the next date to “Institute”. Sanders responds.“Don’t worry about it, its been handed”. Implying that the Institution was valid and proper. Believing that the Post had been “instituted” into the VFW, AVC adopted and began publicly using the VFW Moniker “Pleasanton VFW Post 12162”.
09/12/2017
On behalf of the Post, Stephanie Pino applied for and received a Federal Employer Identification number (FEIN) “82-
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” Script used by Torres
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” picture.
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” picture.
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” picture.
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” picture.
2nd Attempted INSTITUTION of “Pleasanton VFW Post 12162” District 20 announcment.
Articles of Incorporation (printed, signed at the Institution Meeting)
Original Report of Institution (filled out at the Institution Meeting/ reflects factual information)
09/13/2017
FABRICATED & FALSIFIED Post 12162 REPORT OF INSTITUTION
CONSPIRACY
VFW Department of Texas Commander Edward C. Torres and Chief of Staff Larry L. Sanders conspired to intentionally and knowingly prepare, sign and submit a Fraudulent Post “Report of Institution” and “Post Election Report” to the VFW Department Adjutant/ Quartermaster Roy J. Grona, whom forwarded the report to the National VFW Director of Administration David Prohaska on 09/13/2017. A Violation of Section 902(2), 902(4), 902(8) and 902(10).
FABRICATED & FALSIFIED Post 12162 POST ELECTION REPORT
Date of Institution was NOT “09/02/2017”
Members Present was NOT “26” on 09/02/2017 or 09/11/2017.
Seth Setterberg was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
Alex Kight was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
Michael L. Sharp was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
Sharon H. Sharp was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
William C. Yapp II was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
Luis A. Alvarado was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
Alberto Ornelas was NOT “Present” for the 09/02/2017 or 09/11/2017 Institution Meeting.
Edward C. Torres was NOT the “Instituting Officer” for the 09/02/2017 Institution Meeting.
No valid Election took place on 09/02/2017.
No Election took place on 09/11/2017.
Rolando Webber Email-
NEWS PUBLICATION-
10/27/2017
Last day to properly “Institute” Pleasanton VFW Post 12162 into the VFW (60 Days).
SUBMITTAL OF FABRICATED OFFICIAL VFW DOCUMENTS
INCORPORATION
11/02/2017
Steve Mueller emails (VFW/ 12162-
EMAIL-
After the VFW Dept. Of Texas failed to assist in the Incorporation of the Post and after submitting not one (1) but two (2) separate requests. Post Directors decided to incorporate the post without the VFW. Post Director Mueller incorporated the Post by physically visiting the Secretary of State (SOS) in Austin, Texas. Atascosa Veterans Council™ (Also known as Pleasanton VFW Post 12162) is and has always been a independent incorporated organization.
No VFW Articles of Incorporation were ever submitted to the Texas SOS.
No VFW By-
10/23/2018
Texas Secretary of State Issuers Certificate of Non-
With the refusal of the VFW or the VFW Dept. Of Texas to agree to meet and discuss membership concerns, stating their will be “No Negotiation” on 01/08/2019, after the Administrative committee Chairman and Post Mentor John E. Shipley refused to allow Post membership to present any “unapproved motions” at the 01/14/2019 Post Business meeting and after the VFW Dept. Of Texas refusal to allow a “Special Meeting” to be scheduled. Post Membership, in anticipation of TERMINATING the VFW and the VFW Dept. Of Texas, requested and received support from the American Legion to allow for the use of the word “veteran” in the Post incorporated title.
01/23/2019
American Legion Sponsorship/ authorization to use “Atascosa Veteran Council™” in business title.
PPD_00190
On 02/11/2019, the Post membership voted unanimously to TERMINATE any and all (ALL) association with the VFW and the VFW Dept. Of Texas. Post members officially dropped the use of the VFW Moniker “Pleasanton VFW Post 12162” and began using the original organizational name of Atascosa Veteran Council™ (AVC). AVC formally announced the name change and disassociation with the VFW and VFW Dept. Of Texas with a publication in the Pleasanton Express Newspaper titled “Pleasanton VFW Post 12162 changes name”.
03/06/2019
Texas SOS Form 424 Certificate of Amendment/ ATASCOSA VETERANS COUNCIL™
Pleasanton Express Newspaper published “Pleasanton VFW Post 12162 changes name”
PLEASANTON VFW POST 12162
WAS NEVER INCORPORATED AS A VFW POST
01/19/2019
VFW Dept. Of Texas Conspirators Ingeborg A. Conley, Daniel L. West and Administrative Committee Members; John E. Shipley, Larry L. Sanders, Robert Martinez Jr. Submitted FALSE and FRAUDULENT “VFW ARTICLES OF INCORPORATION” to the SSFCU with the intent and purpose to affect to gain access and control of Post financial accounts. Post Membership were unaware of this action until the publication of the January Bank statement on 02/09/2019.
BANK FRAUD
02/11/2019
