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Tommy Shelton

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3ABN: Open & Transparent or Closed and Impounded???

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-------- Original Message --------
From:  AUReporter
To:  AUReporter
Subject:  3ABN-Open & Transparent or Closed and Impounded
Date:  Tue, 03 Jul 2007 04:09:07 +0000


Recent comments by 3ABN Chairman Dr. Walter Thompson would claim once again that the Board and Officers of 3ABN are committed to being open and transparent:

"We are in complete agreement of full disclosure. ..."—Walter Thompson, MD.

But when they filed their lawsuit that would give full disclosure they requested a Permanent Impoundment (a sealing of the documents permanently from the public view) to guarantee that no one would see what they were up to. The exhibits all came from and were therefore already accessible, so what were they so eager to hide?

"Yes, we knew of the plans for the suit to be impounded. The reason for the request for impoundment was an attempt to prevent the publication of private information on the Internet and to slow down the distribution of false allegations that were having an adverse effect on 3abn. ..."—Walter Thompson, MD.

But he then declared in a strange reversal of the facts:

"The same tactics were used to prevent ASI from completing our request to them for evaluating Danny's divorce and remarriage. 3abn is in a position where people are asking for the truth to be told. We are in complete agreement of full disclosure. ..."—Walter Thompson, MD.

In fact 3ABN did try the same tactics with ASI and attempted to impound that hearing process as well. States Thompson:

"After several months of trying, ASI sent us a memo stating that because Linda's supporters would not play by the rules they were attempting to work by, they could not help us ...."—Walter Thompson, MD.

What were the rules they were trying to impose upon Linda's participation as proposed by Harold Lance, a former trial lawyer and President of the ASI Missions board that Danny wants as the 3ABN / AF merger constituency:

"The meetings will be private, not recorded nor open to the public. The members of the (Group) Panel may take notes. (Said notes will be purged after completion of the process.)"—Harold Lance, JD, [italicized portion added by GW, Harold Lance's intermediary, and approved by him].

That is correct, a secret panel with no record of the proceedings. Yet Thompson would boldly declare:

"... We are in complete agreement of full disclosure. This is the only reason we have gone to court in the first place for we have found no other way to assure this. But unless the legal system is allowed to do its work, it will be in the same situation as was ASI ..."—Walter Thompson, MD.

And again they wanted it private, not publicly recorded and they even sought to expunge the record upon completion of the case.

"5. Return of Impounded Materials and Post-Action Custody. Within thirty (30) days after final termination of the Action, including all appeals, any recipient of impounded submissions shall deliver all such submissions, including all copies thereof and all documents incorporating or referring to such information, in whole or in part, to counsel for the party that created the submissions. The parties shall not retain any copies or reproductions of any documents produced by Plaintiffs in this case and, upon return of said documents, shall provide a signed, written statement confirming that all such documents have been returned and no copies have been retained. Plaintiffs' Counsel will retrieve all impounded materials from the Court's Clerk within sixty (60) days of final termination of this Action ...."—Atty. Richards for 3ABN / Danny Lee Shelton.

And where is the full disclosure? Where is the open and transparent? It is certainly illusive if not delusional. At we have gone to great pains to disclose and document the evidence, when proof is required; and the lack thereof when the 3ABN administration has failed to disclose their own supporting documentation of their allegations against Linda. Linda has called for full disclosure of the evidence 3ABN and Danny claim they have, but years and months later 3ABN has still failed to produce the evidence!!! We have demonstrated a clear failure of due process and 3ABN claims they did everything properly and gave Linda a chance to defend, clearly factually challenged by the record. Yet Chairman Thompson declares emphatically:

"Let me say this again. 3abn is not hiding anything, nor are we guilty of the things we are accused of. The "new" information circulating on BSDA and elsewhere is just as false as the 'old.' "—Walter Thompson, MD.

And yet even more forcefully:

"False allegations. Danny is accused of dumping Linda for a younger woman. This is totally false. Danny's wife and partner in ministry was stolen from him. There is abundant evidence and credible witnesses to confirm the truth of this statement. There are accusations that 3abn has mismanaged its finances and used them for personal gain. This too is completely false. We have an excellent financial officer, and have one of the most noteworthy auditing firms of the state auditing our records annually. If you have received your information from the postings on the Internet, nearly everything there is false, twisted, edited to say other than intended, or one sided and unproven allegations. I could itemize many of these, but suspect this is sufficient to demonstrate my point."—Walter Thompson, MD.

Yes, they have credible accountants and auditing firms. We will shortly demonstrate just how credible. Remember folks, Arthur Anderson was credible until ENRON.

We have repeatedly requested to meet with the 3ABN board to both see the evidence and to show our evidence. In fact, in a communiqué to Harold Lance in December 2006 we stated:

"However, it would probably make better sense that the 3ABN board just meet with us and we can spell out to them what the issues are, they can answer our questions and we can explain our perception and why we feel so firmly it is time for a change. We would be happy to do so, but they have not seen fit to do that with us or several others. And if they had, again, you and I would not be talking. In fact, I would be happy to include Linda and Alyssa so they can finally hear the other side and query them, within reason. And if you wanted to be there and referee, I am sure that would also make good sense. Then the panel would be only a necessary alternative if they feel it essential to determine the marriage issues. (Of course that may be better left to BRI.) Now that's a process that would make good sense and we would consider -backing off- if they would continue to answer our questions so we can be fully prepared for such a meeting. That would require they be forthcoming with 'the evidence' so we can plainly and appropriately answer their allegations and correct their view of some of this trash they have been fed. And isn't this what they should have done two and one half years ago regarding the marriage?? And again with Miller over a year ago?? And regarding the remarriage issue in January 2006???

"That approach would allow us to put aside this positioning and bantering regarding 'the process' and just sit down across the table, the way men ought to, discuss the issues and ask them to investigate themselves and take the proper steps to eliminate the 'issues' that will plague them over the next six months or so. ASI can mediate such a discussion but there cannot be a time limit, and if it takes us three days, so be it. If it takes thirty, days so be it. I just want to see the board act responsibly and actually pro-actively and not just accept the word and dictates of Danny Shelton. I just have never heard of a Chairman of the Board being afraid of the officers. Downright ludicrous in my opinion.

"3ABN is an important ministry and our purpose can be summed up as simply as "remove the turmor" but keep the patient alive and well. We are committed to that process and if you find that unpalatable or unacceptable in some way, then once again we simply disagree.

"If this concept appeals to you, let me know as soon as possible and save me a whole lot of typing in our response to -round three-.

"gaj"—Gailon Arthur Joy.

The next communiqué we heard was from Lance trying to explain why we were unwilling to accept the secret and closed process they envisioned for 3ABN.

We have concluded that OPEN & TRANSPARENT is a foreign concept to 3ABN and a delusional concept to the Board Chairman. He has made it clear that any amount of evidence would never change his mind and that he and the board blindly support the officers of 3ABN regardless of the evidence. He has also demonstrated that he has no real concept of DUE PROCESS and will agree to any process in an effort to suppress the public display of the evidence. And, ironically, refuse to meet those who trouble 3ABN in favor of intimidation and litigation.

In fact Dr. Walter Thompson gives a clear implication of the mindset stated by Danny months ago when Danny stated:

"Why should we meet with them. They are nobodies."&8212;Danny Shelton.

Walt seems to find a direct confrontation also unpalatable as it would have been available in a conciliation hearing format but Thompson denies this availability which we offered at the Illinois Conference Level:

When I asked for a hearing by our board by GC leadership, I was told that if the GC heard us, they would also have to hear the opposition. While I have no trouble with this, he said that the church has no mechanism for accomplishing such a thing. We would have to find another way to do it. That was after ASI had already tried, but had failed because Linda and her spokesmen were unwilling to abide by the procedures established by the ASI people trying to give a fair hearing.

And just what were these procedures that Linda rejected? IMPOUNDMENT!!! Linda insisted on an open and transparent process and they insisted on closed and impounded. That is the Due Process Issue that plagues 3ABN yesterday, today and tomorrow:

"Linda has always wanted Open & Transparent vs. 3ABN has always wanted Closed and Impounded. And if not, why have they not aired the evidence? Because it is factually challenged and is rife with vivid demonstrations of failed Due Process. The legal battle will roll out ever more proof that they are factually challenged and despise due process. gaj"—Gailon Arthur Joy.

A New Governance Needed... Immediately...

We are required to ask the only logical question one must ask ... are these 14 members of 3ABN, that serve as it's hand-picked board of directors by Danny Lee Shelton, the leadership and responsible trustees that should be the fiduciaries of the more than two hundred million ($200,000,000) dollars in assets and a fifteen million ($15,000,000) dollar annual budget? These who have blindly gone where no man has gone before in the Seventh-day Adventist church and would boldly file suit against those who would question the official and severely factually challenged record? These purported giants of the SDA business community, including one who teaches forensic accounting, who simply ignore the evidence and vote the dictates of the only remaining founder?

Do we have a repeat of the In Re: Harris Pine Mills US Bankruptcy case where another body of SDA's claim they were led by the Holy Spirit after prayerful consideration and voted to bankrupt a company that had more than four times its $26 Million liabilities in hard assets? Yes, that is correct, they were not bankrupt, until they closed the doors on a chapter 7 filing and dismissed their entire leadership and staff, and the accounting firm responsible for inventory of assets told them "your assets exceed your liabilities." A shameful loss that the Harrises never anticipated when they gifted the business to the SDA Church for perpetuity. A loss that must have seen the shedding of many tears in the Heavenly courts. Where is the Wisdom of the Ages at 3ABN? Do they suffer from the same human instinct? When do you recognize it is time for a change?

We ask, where is the wisdom of Solomon, the spiritual ardor of David and the boldness of Elijah as 3ABN's directors carelessly consider the leadership and direction of the ministry, the use of its assets and its relationship as a supporting ministry to the SDA church? I insist that it is time that the laymen who have made it possible, we refer to them as the Stockholders in the Pews, must have proper representation and must be given the right to determine the governance of the stockholders' assets. They require accountability and accountability is what the officers and directors of this massive media ministry should have to this body of stockholders, a ministry established with their hard earned gifts.

It is clearly time for the Board of Hand-picked Directors to establish a new constitution, to have the membership consisting of elected delegates from the conference associations, and let this body form and elect a new board and establish new officers that will be accountable to the stockholders in the pews. It is time to end the presidency of a man who allegedly hides assets and income from his own board, and who for some incomprehensible reason is exempt from providing receipts for his expense advances and company credit card expenditures at the stockholders' expense, and who allegedly does so with Board Permission.

It is time for the Laymen to require accountability.

It is time for a new governance at 3ABN !!!!

Gailon Arthur Joy

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