AVC vs VFW
Atascosa County Cause 21-

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HOSTILE TAKEOVER
CATALYST EVENT
Dan West contacts Pino, giving her "5 minutes" to send West the Post Minutes are he was going to kick her out of the VFW.
01/02/2019
Dan West contacted Stephanie Pino by phone to inquire about a previous request submitted by the VFW Department of Texas concerning copies of the Posts Business Minutes. Upon being advised by Stephanie Pino that the Business Meeting Minutes are contained in the Posts Inspection Book and that the book was in the custody of a Attorney who was asked to review the documents to ensure the Post was formed properly and in compliance with VFW National By-
REQUEST FOR MINUTES
01/03/2019
Email @ 11:38 AM between West and Pino.
Conley Order to Shipley to conduct a "710 Inspection" (No Findings Report ever Published)
DEF_00402-
Shipley STATEMENT to Conley concerning interactions with Post Officers concerning "710 Inspection"
With West’s refusal to download the Post Meeting Minutes, and their inability to understand no physical meeting minutes were unavailable, the VFW Dept. Of Texas instead attempted to use John Shipley (who lived in Poteet, Texas) to physically obtain the documents, by Ingeborg Conley directing Shipley to conduct a Section 710 Inspection of the Post. Shipley recruited other Poteet Memorial Post 6970 members, including Post 6970’s Quartermaster to assist in the Inspection and who witnessed Shipley contacted Steve Mueller by phone. Mueller confirmed the earlier statements made by Pino, that the Post Inspection Book, containing all of the Post’s legal documents, including the Post Business Meeting Minutes and Bank statements, were currently being reviewed by a legal consultant. Mueller informed Shipley that he could contact the Attorney directly if he wanted something specific from the minutes or he could just simply download what he needed from the Post Website. Considering West and now Shipleys urgency to obtain the Post minutes and much to Mueller’s surprise, Shipley refused to do either.
2019 VFW NATIONAL BY-
“The Commander-
INSPECTIONS
710 INSPECTION TO OBTAIN MINUTES
2019 VFW NATIONAL BY-
“Vacancies. All vacancies occurring in the elected offices of the Post shall be filled in accordance with Section 220 of the Manual of Procedure at the next regular or special meeting as prescribed in Section 203 of the Manual of Procedure.
Removal. Elected officers or elected committee members may be removed for just cause by the Post or the Department Commander as prescribed in Section 220 of the Manual of Procedure.
Any elected Post officer or committee member removed, by reason of failure to pay current dues or under the provisions of this section shall not be eligible to serve in any Post office or committee in the same administrative year in which the officer or committee member is removed.”
2019 VFW NATIONAL MANUAL OF PROCEDURES SEC. 220 Pg. 75-
“Vacancies. In the event of a vacancy in the office of Commander or Commander-
If neither the Senior nor Junior Vice Commander succeed as described herein then the Senior Vice Commander shall assume the duties of the Commander until the election of the new Commander at the next regular or special meeting called for such purpose.
Should a vacancy occur in the office of Post Quartermaster, the Post Commander may appoint a Pro Tempore Quartermaster to carry out the duties incident to that office. The appointment shall in no instance exceed more than sixty (60) days and shall be null and void upon the election of a Post Quartermaster.
Should the vacancy occur in any other elected Post office or committee, the Post shall at the next regular or special meeting, nominate and elect a member to that position.
Removal – Post. A Post may, upon motion duly passed at any meeting, propose the removal of an officer or committee member at the next regular or special meeting. The member holding such office or committee membership shall be notified at least seven (7) days prior to the meeting by certified or registered mail addressed to the member’s last known address stating the reasons for the proposed action. A copy of the notice shall be provided to the Department Commander at least seven (7) days prior to the meeting.
The Post, at the next regular or special meeting, may by two-
1. Absented themselves from two (2) consecutive meetings or who has
2. Failed to fulfill the duties of office specified in Section 218 of the Bylaws and Manual of Procedure.
Removal – Department. The Department Commander may, with respect to any Post within their Department, remove any Post officer for cause who fails to fulfill their duties of office as required by Section 218.
Notification of Removal. All removals require written notification. The notification shall be in the form of a Special Order and detail specifically in what manner the elected officer or elected committee member failed to perform their duties. The notification must advise the member of their right to appeal this action under Section 109 of the National Bylaws and Manual of Procedure. The Special Order shall be delivered personally or by certified or registered mail to the removed officer or committee member’s last known address.”
VACANCIES AND REMOVAL OF ELECTED OFFICERS OR COMMITTEE MEMBERS
2019 VFW NATIONAL BY-
“No member (person listed on the membership rolls of this organization) shall be deprived of membership or suspended from membership, except for nonpayment of dues, and no elected officer may be relieved of office, except for nonpayment of dues or expiration of term of office (unless said office has been declared vacant in accordance with Sections 220, 420, 520 or 620 of these bylaws), unless the member shall have first been sentenced in accordance with the provisions of Article IX of these bylaws or removed from the membership rolls as prescribed in Section 108.”
RIGHTS OF MEMBERS
2019 VFW NATIONAL BY-
“Actions by the Commander-
Establishment of an Administrative Committee. Upon the imposition of any suspension under this section, the Department Commander shall establish an administrative committee as prescribed in Section 211 of the Manual of Procedure.
Actions by the Commander-
Actions by the Department Commander—Suspension. The Department Commander may suspend a Post Charter for a period of up to three (3) months.”
2019 VFW NATIONAL MANUAL OF PROCEDURES SEC. 211 Pg. 68-
“1. Actions by the Commander-
The Commander-
2. Actions by the Commander-
The Commander-
a. The Post Commander shall be notified in writing of the proposed action by certified mail, return receipt requested, to the address of record.
b. Unless the Post, in the presence of the Department assigned administrative committee, upon a motion duly passed at any regular or special meeting called for such purpose, notifies the Commander-
c. In the event that the Post requests a hearing, said hearing shall be held within thirty (30) days of the receipt of the notice. A hearing will be scheduled at a time and place and in a manner prescribed by the Commander-
d. The Commander-
e. If the Post is not already under suspension at the time that the notice of proposed revocation is given, the Post shall thereafter be under suspension.
f. The Commander-
Notwithstanding the provisions above, the Commander-
3. Actions by the Department Commander—Suspension.
The Department Commander may suspend a Post Charter in accordance with the procedures herein set forth.
a. The Department Commander shall issue a Special Order suspending a Post Charter which outlines the deficiencies and appoints an administrative committee consisting of three (3) to five (5) members. Pursuant to a written grant of powers and limitations, such committee shall supervise the business and affairs of the Post during the period of suspension. The acts and actions of the committee shall be subject to the approval or disapproval of the Department Commander.
b. The Post Commander shall be notified in writing of the action by certified mail, return receipt requested, to the address of record or by personal delivery by a designated representative.
c. The Department Commander shall notify the Commander-
d. The Department Commander shall give notice, in writing, of the time and place of the next scheduled meeting, in such manner as to reasonably reach the Post members at least forty-
e. Following an initial suspension period as provided in this subsection, the Department Commander may lift or extend the suspension for an additional period of time not to exceed ninety (90) days; and shall notify the Commander-
4. Actions by the Administrative Committee.
a. The administrative committee shall approve the expenditure or obligations of all funds and transfers of all property while the order of suspension is in effect. If provided in the Special Order, all funds, securities and other property of the Post may be placed under the custody and supervision of the Administrative Committee.
b. All acts and actions shall be documented and summarized in a report to the Department Commander with a final recommendation.
5. Actions by the Department Commander—Revocation.
The Department Commander may at any time during the suspension period, recommend revocation of the Post Charter to the Commander-
SUSPENSION AND REVOCATION OF CHARTER
2019 VFW NATIONAL BY-
“Except as otherwise provided in the Congressional Charter, these bylaws and the Manual of Procedure, no member shall be subject to the penalties prescribed in Section 907, unless such member shall have been advised in writing of the charges and specifications and afforded the opportunity to request that such charges be heard and determined at a Disciplinary Hearing as hereinafter provided.
No disciplinary action may be initiated with respect to conduct that has been the subject of previously executed disciplinary action.”
DISCIPLINE OF MEMBERS
2019 VFW NATIONAL MANUAL OF PROCEDURES SEC. 901 Pg. 101
“It is the purpose of this Article to provide a procedure whereby a member may be appropriately disciplined while assuring that such member is given reasonable notice of the charges against them and afforded an opportunity to request that such charges and specifications be heard and determined at a Disciplinary Hearing. Except as otherwise specifically provided in the Congressional Charter or sections of the By-
This Article does not apply to action taken by a Post, County Council, District or Department to bar or suspend members from participating in activities or use of clubrooms sponsored or conducted by such Post, County Council, District or Department; such actions are subject to separate regulation by the pertinent Post, County Council, District or Department.
The following forms, as they may be revised from time to time, will be used in conjunction with this section: Special Order Initiating Disciplinary Action (DA-
ADMINISTRATIVE COMMITTEE
A Section 211 SUSPENSION and subsequent Appointment of an ADMINISTRATIVE COMMITTEE is a Defensive mechanism utilized by the VFW to quickly gain control of a targeted Post. This mechanism forces control of the Post from the top down and allows for obtaining access and control of Financial Accounts and restricts the Post Membership voting ability to only Motions allowed and approved by the Administrative Committee, appointed by the Department Commander. This is known in the corporate world as a Hostile Takeover.
In the Case of AVC, the ADMINISTRATIVE COMMITTEE appointed by Ingeborg A. Conley included Poteet Memorial Post 6970 Commander/ District 20 Commander & Post Mentor John E. Shipley, Lytle Post 12041 Commander & Instituting Officer Larry L. Sanders and Department of Texas Deputy Inspector Robert Martinez Jr. Poteet Memorial Post 6970 Commander John E. Shipley (acting in the best interests of Poteet Memorial Post 6970) was the original Complainant.
POST MEETING
CRIMINAL CONSPIRACY-
MEETING MINUTES Transcripts
MEETING MINUTES Audio Recording
CONSPIRACY-
01/08/2019
01/05/2019
The ADMINISTRATIVE COMMITTEE (John E. Shipley, Larry L. Sanders & Robert Martinez Jr.) Conspired with Dan West and Ingeborg Conley to engaged in Bank Fraud by unlawfully fabricating and submitting erroneous and falsified VFW Documents to the Security Service Federal Credit Union (SSFCU) with the goal to remove Mueller from the account and install John E. Shipley without Membership approval or authorization.
01/14/2019
Post Membership met and discussed the validity of a restricting the Post to the city limits of Pleasanton, By-
After the VFW Dept. Of Texas refused to negotiate a settlement. It was decided to take no action until after the legal consultants could present their opinions. Several Members wanted to hear what the VFW Dept. Of Texas position was concerning the Geographic Area Restriction and Special Order No. 12,13 & 14, since the orders appear to be out of order.
After the Post Meeting. All of the Post Members present were appalled at the way the Post Founders were treated, Many of whom were very vocal at the meeting despite being talked down to, berated and treated as subjects. Upon conclusion of the meeting, discussions immediately began concerning TERMINATING the VFW and VFW Dept. Of Texas. Post Directors, at the request of the membership, began exploring options to include seeking sponsorship and support from other more reputable Veteran Service Organizations (VSO). As a precautionary measure, Mueller decided to return his Debit card to the custody of SSFCU until after the dispute was concluded, as turning the card (that contained Mueller’s name printed on the card) over to John Shipley simply was not prudent option.
Email from Mueller to Shipley conveying that Post Membership requested a Special Meeting to TERMINATE the VFW & VFW Dept. of Texas. DENIED BY John E. Shipley.
CRIMINAL CONSPIRACY-
01/18/2019
01/17/2019
Mueller canvases the Membership to determine what the membership feelings concerning TERMINATING the VFW & VFW Dept. Of Texas. The Directors felt this was the proper course of action and necessary to protect the Post Community Service Projects. More than 90% of the membership supported TERMINATING any and all association with the VFW. Mueller was asked to schedule a meeting to TERMINATE the VFW association.
Directors and Officers become aware that the ADMINISTRATIVE COMMITTEE was now attempting to gain unlawful access and control of the Post Bank Accounts held at SSFCU, by requesting Mueller to be present and authorize the action. Mueller did not respond to Shipley’s email and it was believed by the Post Directors and Officers that no change in the signatory could be accomplished without membership vote and authorization and with the presentation of Meeting Minutes reflecting such authorization to SSFCU (as per SSFCU contractual agreement signed on 10/31/2017).
CRIMINAL CONSPIRACY-
02/05/2019
CONSPIRACY-
02/09/2019
CONSPIRACY-
02/11/2019
CONSPIRACY-
CONSPIRACY-
POST MEETING
1) Post Membership was given access to the erroneous and falsified Article IX Disciplinary Action(s) mailed to Mueller and Pino, 2) were given access to the IRS Non-
Twelve (12) minutes into the Post Meeting, Post Membership unanimously TERMINATED the VFW and VFW Dept. Of Texas, with Mueller assuming control of the meeting and reconfiguring and renaming the Post.
Lance Yaws Letter to Dan West confirming compliance with VFW National By-
02/12/2019
Dan West response to Lance Yaws.
02/12/2019
Email from Pino to National VFW.
02/15/2019
Email from Pino to National VFW.
Email from Pino to Dan West & VFW National concerning list of complaints that need to be investigated.
Email from Pino to National VFW.
Pleasanton Express publishes "Pleasanton VFW Post 12162 changes name".
Texas Secretary of State Form 424-
03/06/2019
03/07/2019
2019 VFW NATIONAL BY-
“A Post may surrender its charter only upon a vote of its members as prescribed in Section 210 of the Manual of Procedure.”
SURRENDER OF CHARTER
2019 VFW NATIONAL MANUAL OF PROCEDURES SEC. 210 Pg. 68
“A Post may surrender its charter in accordance with the following procedures:
1. A motion to consider surrendering a Post charter shall be made and approved at a regular or special meeting of the Post. If approved, the Post Commander shall immediately provide to the Department Commander a list describing all assets and liabilities of the Post.
2. A Post may then, after at least twenty (20) days written notice to the Department Commander, District Commander and members of the Post, vote to surrender the charter upon a two-
3. The Department Commander shall be notified immediately after the meeting, in writing, of the outcome of the vote to surrender the charter of a Post. If approved, the Department Commander shall within thirty (30) days, request that the Commander-
2019 VFW NATIONAL BY-
“Any Post with less than ten (10) members, or, while under suspension the Post fails to establish a meeting quorum or elect the required officers, its charter shall be automatically revoked and declared defunct with the issuance of a special order by the Commander-
Disposition of Property. In all cases of surrender, revocation or forfeiture of a charter, title to all real and personal property shall immediately pass to the Department who shall take possession and control for disposition as directed by the Department Council of Administration for the purposes set forth in the Congressional Charter. In addition, the books and records of the Post shall be recovered by the Department.
In case of surrender or forfeiture of a charter, the Department Council of Administration in the case of trust funds or trust property, or both, shall carry out the intent and purpose of such trust to the extent of such funds or property, or both.”
DEFUNCT POSTS
2019 VFW NATIONAL BY-
“Posts, Districts, and Departments of the Veterans of Foreign Wars of the United States shall be incorporated within the state where they are located as prescribed in the Manual of Procedure.
No unit chartered by the Veterans of Foreign Wars of the United States, and no activities, clubrooms, holding companies or units sponsored or conducted or operated by, for or in behalf of any such chartered unit, shall separately from the Post, incorporate under the laws of the state in which it is located for any purposes whatsoever unless the Articles of Incorporation of such chartered unit and any incorporated activities, clubrooms, holding companies or units sponsored, conducted or operated by, for or in its behalf shall include those provisions specified in the Manual of Procedure. Chartered units failing to
comply with the provisions of this Section or failing to cause compliance by activities, clubrooms, holding companies or units sponsored, conducted or operated by, for or on behalf of such chartered unit shall be subject to suspension or revocation of charter.
Should any state incorporation law prohibit provisions specified in the Manual of Procedure for Articles of Incorporation, it shall be permissible to change the wording of such provision sufficiently so that the Certificate of Incorporation will conform to the state laws and at the same time protect the interests of the Veterans of Foreign Wars of the United States.
The name “Veterans of Foreign Wars of the United States” or some colorable imitation thereof by any corporation shall be by license only, which may be revoked for cause.”
INCORPORATION OF UNITS AND OTHER ACTIVITIES
2019 VFW NATIONAL MANUAL OF PROCEDURES SEC. 708 Pg. 97
“Proposed Articles of Incorporation and amendments thereto shall be forwarded to the Department Commander for review through channels to the Adjutant General for review by the Commander-
The Commander-
To the extent the Articles of Incorporation of incorporated units provide that title to property shall pass to the Veterans of Foreign Wars of the United States in the event of simultaneous dissolution of the corporation and forfeiture of the charter, the disposition of such property will be made in accordance with sections 212, 412, and 512 of the National Bylaws.”
POST MEETING
Mueller and Pino meet with SSFCU and demand access to their account. SSFCU denied Post Directors access to the account, stating; “Talk to you Commander”. Upon being denied access to the Post Bank Account, Mueller and Pino file a Criminal Complaint with the Pleasanton Police Department concerning the Fraudulent and False Statements made to the IRS and the Criminal Conspiracy to commit Bank Fraud at SSFCU committed by VFW Dept. of Texas and its conspirators John E. Shipley and others, presenting numerous evidence substantiating the allegations.
03/11/2019
03/18/2019
CONSPIRACY-
CONSPIRACY-
CONSPIRACY-
CONSPIRACY-
CONSPIRACY-
01/04/2019
Mistakenly believing that Mueller and Pino were deliberate and intentionally defying a Department of Texas Order to make available and provide to West and Shipley the Post Business Meeting Minutes, Ingeborg A. Conley, either in a Conspiracy with West and Shipley or in an act of Negligence and incompetency and in direct violation of the VFW National By-
After being contacted by John Shipley, who read Special Order No. 12 to Mueller over the Phone, and realizing the action was not only without merit, but also in violation of the VFW National By-
Mistakenly believing that the Post had hired an Attorney to bring a Lawsuit against the VFW Department of Texas, Ingeborg A. Conley, using the erroneous and invented Narrative that the Post Commander and Post Quartermaster had disobeyed or refused an order to furnish the Post Business Meeting Minutes and were subsequently “Relieved”, Justified the SUSPENSION of the Post under Section 211 of the VFW National By-
MUELLER & PINO “RELIEVED”