How does Gailon state such whoppers and get away with it? Oh wait, I forgot, that's how his "side" has always operated.
Gailon Joy writes:
Anyone who knows me, and you certainly know me well enough, knows that I am relatively immune to "stressors"...however, I was quite bemused by your declaration of my seperation from my wife
...but I got the biggest kick out of the many calls of "tongue in cheek" condolences!!! Unfortunately, My wife was not as amused and requested your contact information.
In his bankruptcy filing, Joy then affirms that he is indeed NOT living with his wife. As usual, examine the document where he checks the relevant box.
Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury:
"My spouse and I are legally separated under applicable non-bankruptcy law or my spouse and I are living apart other than for the purpose of evading the requirements of § 707(b)(2)(A) of the Bankruptcy Code."
-------- Original Message --------
From: G. Arthur Joy
Subject: IRS Criminal Investigation
Date: Fri, 30 Nov 2007 12:19:27 -0700
REAPING THE WHIRLWIND: The IRS Criminal Investigation of 3ABN
Recently there has been much discussion on Black SDA Forums, etc, regarding the source of information that led to the IRS Criminal Investigation. The inference has been made that the source of the investigation, and therefore the beneficiary of any financial reward, was either Robert Pickle or Gailon Arthur Joy.
We have watched the unfolding of this investigation for over a year now and have repeatedly warned various directors and even the New President of the pending process, each time suggesting they be pro-active, open and transparent. Later, as the investigation gained steam we went so far as to suggest that they contact the IRS to work out a consent decree and fine. That list included a conference President, the Chairman of the board, and the New President, and we have borne the ridicule of each one, with disdain in some cases. They now REAP THE WHIRLWIND.
In the Lawsuit brought against this journalist and Robert Pickle they have made the allegation of Defamation Per Se, on the basis that we have made certain allegations regarding transactions that constitute criminal activity. The transactions are real and documented, the question of criminality is left with the prosecutors who have apparently found sufficient cause to open a criminal investigation.
The entire story really begins in April of 2006 in the trust services department of 3ABN in balmy southern California, just outside the gates of Loma Linda University, to some us still stubbornly known as CME (College of Medical Evangelism). There, the Director of 3ABN Trust Services, Leonard Westphal, is reported to have had a significant falling out with the entire staff of the Trust Services division. The issues related to concerns regarding the interpersonal skills of Mr Westphal with Trust Services Clients, certain processes and procedures which the staff found questionable and ultimately some rather rash statements attributed to Leonard Westphal that would lead to an EEOC (Equal Employment Opportunity Commission) complaint by some staff members.
The staff is said to have coalesced into a team determined to correct the issues. They put together packages of documentation providing evidence to support their concerns with various documents and appropriate cover-letters, sending them to Mollie Steenson, Danny Lee Shelton and Chairman Walter Thompson. Leonard was recalled to the Illinois Campus in April and while there shot some film footage promoting trust services. When he arrived back in sunny Southern Cal, he was followed by Mollie Steenson. Mollie spent most of a week interviewing all the staffers and at the end of the week Mollie Steenson is said to have summarily dismissed the support staff, leaving the alleged perpetrator, Leonard Westphal, in place.
At least some of the alleged victims / disaffected / dismissed employees filed complaints with the California Dept of Fair Housing and Employment in Los Angeles which opened a case file # 37A-AS-10394. The allegations are said to have included Racial Discrimination, [censored] Harassment and Retaliation and sought compensation for lost wages and emotional distress. Two staffers are said to have kept a log of abuses and made these available to Investigators.
A hearing was scheduled for Sept 21, 2006, before the Hearing Examiner and just before the hearing, attorneys for 3ABN claimed exemption from State regulation as a religious organization and the Dept. counsel concurred and referred the file to the Federal EEOC office, that months later accepted jurisdiction.
In the interim, an attorney for one of the complainants became certain that some of the activity described and documented may be violation of the Federal Internal Revenue Service IR Code and is said to have arranged a meeting with former 3ABN staffers and an IRS Special agent in the criminal investigations unit in San Bernadino. There were several meetings as statements were taken and documentation given. Less than a month later, Special Agent CS of San Bernadino had transferred the file to Special Agent CM of Fairview Heights, Illinois, just outside Saint Louis, Missouri.
In October, CM opened a file and began taking statements from various persons, mostly former 3ABN staffers, and collecting documentation of various transactions. As their investigation was under way, I crossed paths on several occasions. Based upon reports from various people who gave statements or documents, the reported designation of this particular Special Agent was C--M--, IRS.CI, a clear reference to the criminal investigations unit.
Shortly after discovering the trail of people who had been interviewed by IRS.CI we made several efforts to contact the Illinois Conference President and 3ABN Board member, --- Denslow. During one contact in late 2006 when the IRS Criminal Investigation came up, Denslow clearly was skeptical at the notion and indirectly contacted 3ABN's business office to see if there was any IRS investigation going on and was assured that there was no such thing. Danny made reference to it later in broadcasts and scoffed at the notion.
Noticeably, the IRS Investigative trail went cold in mid-December and I did not cross paths for months until late March of 2006. The reason is unknown, although, the time frame co-incidentally coincided with the firing of the US Attorney for Illinois by AG Gonzales and the confirmation of her replacement.
The investigation maintained a steady pace and rumors were afoot throughout Southern Illinois for several months. The lawsuit was brought by 3ABN and Danny Lee Shelton against this journalist and Robert Pickle in April of 2007. And the IRS criminal investigation plodded on.
Sometime in the late spring we received word that a local politician was stating that the IRS was after Danny Shelton, but gave no specifics. It was not until summer 2007 that the investigation moved from phone statements to the field phase and they began visiting various former staffers and taking formal statements. However, there were key parties that had not been interviewed and we were fairly certain that until those statements were in hand they would not be complete enough for an actual charge.
Then in late August, we were informed that those key parties were scheduled for interviews and realized the case would be open to the public within weeks. We had growing evidence that people were clearly telling 3ABN administrators that something was up and one party that had been interviewed told Pastor Lomacang of the interview, and he was warned it was most likely just an impostor, that no IRS investigator would have approached him that way.
We were informed that one former director was interviewed and promptly contacted the 3ABN Board Chairman. Given the influence of that former director, it would be a safe assumption that he made other parties of interest aware as well.
As Danny was introducing 3ABN's new President, James Gilley, there was growing evidence that Danny was grossly aware of an Investigation and taking steps to disgorge assets that would be problematic such as the sale of his own 4300 sq ft home and a horse barn for a dozen horses on 18 acres. He sold the home, according to land records for a mere $290,000 and held a $220,000 mortgage from James Gilley to himself. He also was reportedly given title to a 40 acre tract by the 3ABN Board at the fall Board meeting in late September 2007, did not take title, pulled a permit to build a 2800 square foot house for $165,000, foundation poured and framed under 3ABN title. Shortly after this process, The Fjarli Foundation filed a release of the $200,000 lien taken to help Danny pay Linda for her portion of the house post divorce. We assume that it is probable that Fjarli did not know about an individual account that Danny did not disclose until rather belatedly after Linda's attorney pushed for discovery, and which Danny kept well hidden from Linda prior to the divorce, that contained an astounding $190,000. In fact it is reported to have been established and hidden well from Linda while running up her liabilities to establish credit well before Dr Arild Abrahamsen came into the picture. Was he preparing for a divorce??? Of course that sum is nothing compared to the rather healthy mid to low six figure account that he reportedly hid from the board of directors at a bank in Michigan related to Remnant Publications royalties while 3ABN ran up a $3,000,000 dollar deficit in support of his Ten Commandments Twice Removed campaign boondoggle and reportedly had to borrow from trust funds to cover the deficit.
Despite all of this activity, as late as Sept 2007, Danny on 3ABN Live scoffed at the notion of an IRS investigation and commented that the IRS doesn't go around behind your back doing investigations but comes right up to your front door. Just a few days later they did just that!!!
In Sept we had made contact with James Gilley indirectly and then directly to warn that he needed to deal with this crisis immediately. His response was classic head in the sand -- he was hired to deal with the future and would not deal with the past -- and went on to express disdain for the premise that those who were trying to destroy 3ABN would be willing to help save 3ABN. Scorned again!!! Really tough to get a date with that 3ABN board. Although we are pretty good at handling rejection by now---what's this, number ten or so???
In late September, after key statements were taken by the IRS Criminal Investigation unit, this journalist made comment that I expected that there would be an IRS visit to the campus very shortly. On Sept 28 we began to hear the first rumors of an IRS visit to the 3ABN campus and how they had taken boxes of documents. In late October, the Board held an emergency meeting in the Worship Center of 3ABN for a day and a half to deal with the IRS criminal Investigation Crisis. On Tuesday, November 27, 2007 the 3ABN Board held a special meeting in St Louis, Missouri, with rumors racing up and down the halls of 3ABN that the Board had gone to work out a deal with the IRS.
Unfortunately, the "rumors" so frequently ignored by the 3ABN Board and Executives have been largely true, and given the sums provable for personal inurement alone, the consent decree and the fine to settle such a substantial claim could run seven figures and require significant improvements in oversight, constituency and governance. Issues the Chairman has repeatedly asserted they have various clean bills of health from accountants and attorneys.
And to think that we could have addressed all this and more either directly with a "reasonable" board or via an ecclesiastical process last year leaves one dismayed and aghast at the indignant refusal to listen to the stock-holders in the pews and of course, yours truly, the nobodies.
Just who the new constituency will be is not yet clear, although the latest word from the Pacific Union is that Central California Conference President, Jerry Page, will serve as the new Chairman of the board and other sources have told us that the Upper Columbia Conference President, Max Torkelsen, has also agreed to join the board. It won't be long and the GC will have a controlling interest on the board that President Folkenberg worked so hard to achieve ten years ago and was rebuffed by Danny Lee Shelton.
Where Danny fits into the process long term is unclear. He reportedly remains on the staff as a "consultant" and still retains his office while 3ABN has put on an addition to include the new President's far more spacious office complete with his own private bath. Danny is a frequent host on 3ABN Live and has an agreement to acquire forty acres from the 3ABN Board that has "cost 3ABN tax money for several years" according to 3ABN Board Chairman Dr Walter Thompson. Many observers seem to feel it is business as usual but a board grappling with the current problems cannot possibly continue business as usual. Many observers wonder just what the directors must think about Danny's administration in retrospect with all the problems they must deal with from this period -- and one must also ask the inevitable question, is it the devil attacking 3ABN or is 3ABN simply REAPING THE WHIRLWIND???
Either way, 3ABN will need our prayers and support as never before as they weather the storm.
watchbird - certainly not a friend to 3ABN, replying to Bob Pickle defending Gailon Joy. How badly do you lose your integrity when even your own "side" gives up on you? http://www.maritime-sda-online.com/foru ... 84&fpart=3
Originally Posted By: Bob Pickle
Originally Posted By: watchbird
The most grossly inaccurate detail is that the IRS Criminal Investigation originated with the EEOC complaint in 2006.
It may appear inaccurate because I think Gailon had no certain information that a prior notification definitely resulted in the launch of an investigation.
But he did wonder a year ago why the investigation moved from CA to IL so quickly, since transfers like that usually take longer. It made him wonder if they already had an open file.
The point is.... it IS inaccurate. Gailon's absolute or relative knowledge either a year ago or now has no bearing on the fact that what he stated does not merely "appear inaccurate".... it IS inaccurate.
You do not strengthen your credibility by seeking to excuse or defend him for reporting something as fact which by your own admission he actually only "wonder[ed]" about. It is, IMO, one of both your and Gailon's unfortunate tactics to state something that is either known to be false or which is "wondered" about as though it were a known fact... in what seems to be hopes that someone will not only challenge the correctness, but provide additional information by "correcting" the errant statement.
I am not the only person to have noticed this and with whom you have both lost credibilty because of this tactic. I would suggest that you would do yourself a favor by not pressing this point further.
Gailon Arthur Joy wrote:Two points:
One, an attorney's clerical error in elctronic filling does not constitute "perjury", particularly when it is not material to the issue addressed. Since the question looks for income or assets inappropriately transferred to a spouse, and since my wife was not employed during the period questioned, the clerical error is immaterial.
To which, the document YOU submitted clearly states the following. If this is the thoroughness by which you handle YOUR business, I can just imagine just how "thorough" you must be in other matters.
Married, not filing jointly, with declaration of separate households. By checking this box, debtor declares under penalty of perjury:
Here is the document you submitted so that everyone can see your lack of integrity http://www.3atalk.com/download/file.php?id=13
It is in PDF format and requires Adobe Acrobat Reader http://www.adobe.com
Two, I have accurately reported the facts as was reported to me regarding the 3ABN Criminal Investigation, beginning in the fall of 2006. Whether any prior inquiry was a criminal investigation, or simply a civil inquiry, I cannot be sure. We do know now that there were prior complaints sent to the IRS before the fall of 2006 with documents. The affect of that is not yet known. I do know that we have not yet seen the end of the IRS as it relates to Danny Lee Shelton and 3ABN.
Gailon Arthur Joy
Note how you carefully twist your words? "I have accurately reported the facts as was reported to me"
You could have accurately reported what was reported to you. But you cannot "report the facts" when they are not facts.
watchbird (certainly no friend to 3ABN), states that you are INACCURATE
The most grossly inaccurate detail is that the IRS Criminal Investigation originated with the EEOC complaint in 2006....one of both your and Gailon's unfortunate tactics to state something that is either known to be false or which is "wondered" about as though it were a known fact...I am not the only person to have noticed this and with whom you have both lost credibilty because of this tactic
You have seen the end of the IRS matter. You want proof? Here's the proof. 1. Publicly stated 2. Not jumped on by Pickle or Gailon.
1. Publicly stated - Doug Bachelor, Jim Gilley, letter from lawyer published.
2. IF EVEN ONE THING WAS FALSE - you and Pickle would be jumping all over it, calling for investigations, perjury charges and disfellowshipping/excommunication.
3. The ONLY things heard from you - "It must be untrue, since we did not hear it" is lame. You are not refuting the fact.
Let me repeat. An IRS investigation was addressed by public people, for everybody to hear and see. If it is false, you would be jumping all over it.
Joy is at it again. Here is a portion of his post to Sam at AT.
SAM,
Since you are such an insider, can you tell me who paid for that tarred driveway that goes to the house and then splits and goes all the way to the barn??? And how many yards of tar were used?? And who built the barn??? Was it family and neighbors? Or was it the same benefactor that paid to pave the 3ABN drives and parking areas??? And would it have known IT was paying for both?
How can anyone be wrong as much as Joy and Pickle? It goes against the odds!!! AT the location of what is now Jim G's house, there is a circular paved drive. THERE IS NO PAVEMENT FROM THE HOUSE TO THE BARN!!!
As far as all the rest of the accusations go, when will he get it? It's none of his business. He tells Sam he would like to see receipts. What a joke. He will never see receipts or find out who paid for what because he does not deserve to know. His own words have convicted him. His tactics have exposed him. When will he get that no one is listening? The fact that leaders from NAD, conference officials and people like Shawn Boostra have ask Danny and Jim G if they can start appearing on programs again tells us that the jig is up for Joy and Pickle.
We could turn Joy's questions around on him. In his bankruptcy records he states he had $2.00. So, who is paying for his house or apartment? Who is buying food and paying for his gas? Who is paying for his court expenses? Who pays for his utilities? Maybe the stockholders in the pew need to start finding out! Joy needs to start supporting his family with a "real" job. That means coming to grips with the fact that he is not a reporter, he is not an attorney, and he most definitely is not a financial counselor. At this point, he isn't even a FACTOR!
Last edited by Cynthia on Thu Aug 14, 2008 6:34 am America/Denver, edited 1 time in total.
Reason:added quote box
Mr Joy, in reading the posts here early this morning I was initially going to edit some replies to you, but on second thought it looks like this is all going tit for tat here. Is this really what you want and are asking for with your posts here? It looks like that..
(I would like to ask all to take a deep breath b4 posting tho, and if angry? well there is no rush in posting, later is sometimes/often better. smile )
moving on...
In regard to your perjured filing.
You and I know perfectly well that it was not a mistake clerical or other wise. Not when we both know what is on PACER. The other documents filed by you, and signed by you in the bankruptcy also indicate a household of one and have the box checked to refer to the document you claim was filed in error here. The only thing on that document is the claim about your marital status, there was no other reason for it to be filed... Further if it was an error, then the honest thing to do now that you know about it would be to move to correct it, not wave it away and claim lies and errors aren't important or relevant and don't matter. True Christians, at least the ones I know, don't do that, especially when they are so nit picky about that kind of thing where others are concerned like you and your partner Pickle are.
The problem here is that you have a history of getting in trouble when filing bankruptcy, the last time it led to your embezzlement conviction. And although you lied to others and had them believing you and repeating your lies (such as Your Partner Pickle's claim: "the money was actually Joy's and owed to him" on the forums to defend you, the facts do not support any of your claims about that (especially when you appealed the conviction claiming you intended to pay the money back, which of course wasn't relevant, but it does raises a very relevant question: why you would have intended paying money back that you claim was owed you and technically yours?
Further even though you admitted you were "technically" guilty due to the law... the problem is you haven't once admitted being morally or ethically wrong, and that's why your conviction is relevant. Without admitting moral fault you surely haven't repented so it is not a gone and buried issue in your past which should be left there covered by the blood of Christ. Your continued excuses and justifications for being a thief and a liar, demonstrate self righteousness and a lack of ethics and morality to me, not the reverse.
And then you arrogantly set yourself up as a Judge of financial matters and honesty and ethics where 3ABN is concerned, and keep demanding they open their books to you, tell you all, allow you to judge them and demand they repent??? I honestly don't get it. Where do you get the arrogance and the nerve to do that?
Sorry, imo in this issue you have zero credibility for rational thinking people. You have a huge beam in your eye in that respect, and can not be trusted to see, much less tell the truth, or use righteous judgment. Those falling for your baloney and defending you and acting as shills on your behalf seem to be in serious need of some knee pads. The blind devotion is sickening,and the bias and partiality it engenders equally so. Sadly you have led them straight into a ditch, just as the blind always do.
Yes I said Blind, the fact that you and Pickle want to subpoena the Atty General and get the records of the 3abn investigation proves it beyond a shadow of a doubt.
I do so hope you get them. A little humble pie never hurts any of us.
Re: Mr. Gailon's contributions
Reply #19 on: September 05, 2008, 12:36:05 PM
Quote author: pbjelly
Mr. Gailon,
At no time did I imply that your desk was imaginary.
I find it hard to believe that you have assisted many victims since evidence of your assistance seems to be invented. Evidence of you attacking many victims seem to abound since even a cursory search of the internet points to you mostly as an accuser.
Your family members and friends are not in question here. However, I still fail to understand that your uncle's wishes transform into you sending close to a million dollars to 3ABN. From what you write your uncle had already determined to do this and you assisted him. I am hesitant to ask what assistance you gave since it might be possible that you were instead trying to obtain some of that money for yourself.
Defendant Joy was president and sole shareholder of Credit Management Services Corporation (CMS), a debt collection agency. At all relevant times defendant had exclusive control over, and directed the activities of, CMS. CMS contracted with various businesses and credit institutions to collect delinquent accounts for a percentage of the amount collected. Once CMS contracted with a client, CMS was entitled to forty percent of any amount collected on a delinquent account. CMS was entitled to this percentage regardless of whether the debtor paid CMS or settled with the client directly.
CMS received a check from one of Stacey's debtors in the amount of $1,920.25. CMS never forwarded any of this money to Stacey, nor did it inform Stacey that the money had been received.
In reply to a clear statement of fact, you had this to write instead. I observe that you state that other persons ranked ahead of you in hierarchy. However, the Supreme Court states that you were president and shareholder.
I agree that you may argue that you later bought out all other persons with ownership in CMS. However, the Supreme Court states that at all relevant times you had exclusive control over CMS. This would also include the time when funds were misappropriated.
The President and CFO, also the other stockholders, did not have the stomach for the litigation and had wanted to accept the offer to settle.
After I bought out the other stock-holders
I suspected that there was a bigger issue than the mere payment of less than two thousand dollars misappropriated. The clue comes in identifying the extent and type of legal troubles CMS had encountered. From this passage below it seems that CMS was more than just a debt collector. From what can be gleaned, CMS may have been going about their business in an unethical and illegal manner. The Supreme Court asserts you were sole shareholder.
In 1981 LSC of Vt brought a seperate but far more extensive action in US District Court accusing CMS of violating the Federal Fair Debt Collection Practices Act
You also state the following and I am puzzled by this. If you were not on the payroll after 1980 how then did the filing of a lawsuit in 1981 concern you? I surmise you were a shareholder but not an employee in 1980. You state that you were an officer and major shareholder in 1978. Therefore, your employment lasted two years in CMS. Is it possible that the 1980 management of CMS had to terminate you because of your unethical and illegal activities that may have started the lawsuits against CMS?
Even though I had not been on the payroll since 1980
You state that Ms. Rittenhouse has nothing to defend. However, you state the following. I am no longer puzzled by your inability to verify any of your assertions. Ms. Rittenhouse has no recall of you.
while we were actively involved in defending Virginia Jean Rittenhouse
You state you are disgusted by my disrespect for Ms. Rittenhouse. I am far more disgusted by your bandying of respected names and institutions and assertions that you assisted them when there is no sign that you did so.
I am unable to find any trace of your assistance in all of the instances I named. Mr. Gailon, sir, you may be real but your exploits are infamous and abusive.
I begin to comprehend why Mr. Bob does not break with you. Mr. Bob must be aware of the terrible illegal and abusive behavior you are capable of if there is a break with you. I surmise that Mr. Bob must be maneuvering in the background attempting to distance himself from the lawsuit that 3ABN has justifiably filed against you. Unlike you, Mr. Bob seems to be very intelligent and must be looking for an avenue by which to escape you without facing your abuse. I wish him well.
I find it interesting that your voice in the desert was exactly that. In all the furor relating to Atlantic Union College your voice was notably absent. I notice that it is absent when the loss of over fourty million dollars of tithe money is examined. If the millions lost at AUC were of concern I find it puzzling that the fourty millions lost at the General Conference are not a bigger concern.
Mr. Gailon, on further examination of your body of abuse, I find that having no further conversation with you is probably the better use of my time. Your words and actions, Mr. Gailon have proven to me that I need investigate no further. Let he who is without fault cast the first stone. And yours, sir, are not even written in the sand. They are emblazoned throughout the internet.
Have a good day sir.
PB
Anyone wishing to read the entire fastcase document referenced above may do so by clicking on the attached pdf file:
BankDoc5.pdf