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Response by Defendant Pickle: See auto-discovery materials. We will highlight here one of the documents contained in the auto-discovery materials that pertain to actions or conduct by Danny Lee Shelton, namely, the published 2006 letter of Dr. Arild Abrahamsen. This letter was published by Adventist Today on August 21, 2006. Statements in response by both Danny Shelton and Walt Thompson appeared in the same publication.
Response by Defendant Pickle: We assume you must mean "Request No. 3," not "Request No. 2." And certainly you must realize that Defendant Pickle is not the one answering the Interrogatories you sent Gailon. He is planning on answering those himself. See auto-discovery materials. In this response we will highlight two documents (found in the auto-discovery materials) used in our answer to Interrogatory No. 8, namely, the Opening Appellant Brief and the Reply to Opposition to the Appellant Brief. These two documents were filed by 3ABN for its appeal in its property tax case. These particular documents are interesting in the claims they make of 3ABN being very much not non-denominational in its affiliations and its message, contrary to the claims made in this case. Also of interest in the Appellant Brief is the claim, "No evidence exists of any private inurement of Three Angels' revenue, whether in the form of royalty or other payment." What makes such a claim of particular interest is that both documents were signed by Attorney D. Michael Riva, who prepared the paperwork whereby Danny (and Linda) sold a house for $135,000 just one week after buying it from 3ABN for $6,139. And that is not all we glean from the Appellant Brief: "Indeed, the testimony of both the internal treasurer, Larry Ewing was that there was no personal inurement of Three Angels revenue to private persons. This also was the conclusion of the testimony of Three Angels' independent, external auditor, Alan Lovejoy, of Gray, Hunter, & Stenn, LLP, as it would be a violation of basic not-for-profit corporation standards." Gray, Hunter, & Stenn not only audits 3ABN's financial statements but also has prepared Danny Shelton's tax returns for at least 2001-2003. Note 14 in 3ABN's 2003 Financial Statement reports that 3ABN purchased $73,112.50 worth of product from D & L (presumably, Danny & Linda) Publishing. Note 14 in 3ABN's 2004 Financial Statement reports that 3ABN bought $44,724 worth of product from D & L Publishing, and $35,000 worth of product from DLS (presumably, Danny Lee Shelton) Publishing. Note 14 in 3ABN's 2005 Financial Statement, after the property tax case presumably made it apparent that such things had to be arranged differently, does not list DLS Publishing at all. Instead it states, "The Organization periodically purchases books which are authored by a member of management. The books are purchased from the publisher for giveaway or for a suggested donation. For the year ending December 31, 2005, purchases of these books totaled $82,712.43. Royalties are paid by the publisher to the author." It is interesting to consider how Larry Ewing, the one presumably ultimately responsible for preparing 3ABN's financial statements, and Alan Lovejoy, representative of the firm that audits those statements, and that has prepared Danny Shelton's tax returns which report his sales of books to 3ABN, would both testify in a court of law "that there was no personal inurement of Three Angels' revenue to private persons."
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