Reply
 
LinkBack Thread Tools Display Modes
  #1   Report Post  
Old August 4th 11, 07:19 PM posted to rec.games.chess.misc,rec.games.chess.politics,alt.chess
external usenet poster
 
First recorded activity by ChessBanter: May 2006
Posts: 14,870
Default Motion to Enjoin Seating of Candidates on Grounds of Fraud

IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS

SAM SLOAN, )

Plaintiff )
)
- Against - ) 2011MR000159
)
WILIAM GOICHBERG, )
RANDY BAUER, )
JAMES BERRY, )
RUTH HARING, )
ALLEN PRIEST, )
GARY WALTERS, )
MICHAEL ATKINS, )
MICHAEL NIETMAN, )
BILL HALL, )
CONTINENTAL CHESS ASSOCIATION, INC, )
UNITED STATES OF AMERICA CHESS FEDERATION, INC, )
an Illinois Not for Profit Corporation )
)
Defendants )

MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION
ENJOINING THE ALLEGEDLY NEWLY ELECTED BOARD MEMBERS FROM BEING SEATED

Sam Sloan, being duly sworn, deposes and says:

1. I make this affidavit in support of a motion to enjoin the seating
of three board members allegedly just elected to the Executive Board
of the United States of America Chess Federation. These new board
members are Allen Priest, Gary Walters and Michael Nietman. There has
been massive fraud and misconduct in the election just concluded and
therefore these board members cannot be seated.

2. For example, the by-laws require that the election ballots be
mailed with Chess Life. This was not done. The election ballots were
mailed in a cheap separate mailing that looked like junk mail and thus
was discarded as junk mail by many voting members. This explains the
lowest ever voter turn out. Only 1893 ballots returned as compared
with more than three thousand in previous years. This court must order
a new election and further order that those responsible for the fraud
and misconduct be expelled from any governance position in the USCF.
This is only the beginning:

3. The first and perhaps the most fundamental fraud and misconduct is
the participation of Bill Hall, Executive Director of the United
States Chess Federation, in the election process. I have been a member
of the USCF since 1956 and in all those years the Executive Director
has NEVER been involved in the conduct of an election. The reason is
obvious. The Executive Director is an employee who works for the
board. He thus has a vested interest in serving his bosses especially
where, as here, two board members are running for re-election. In
recognition of this fact, the USCF By-laws call for an “Election
Committee”. This “Election Committee” is supposed to do everything
with regard to an election, from setting the dates, collecting and
examining the petitions, counting the ballots and certifying the
results.

4. This year the Election Committee has been frozen out of the
process. The by-laws clearly state that Candidate Nominating Petitions
are to be mailed by the candidates to the Election Committee. This was
not done as the address of the Election Committee or even the names of
the members of the committee were not provided to the candidates. The
candidates were told instead to have the nominating petitions mailed
to the USCF office in Crossville, Tennessee. Having done that, the
office should have mailed the petitions to the Election Committee.
They did not do that. Instead, the office staff itself under the
direct supervision of Bill Hall examined the petitions and certified
the candidates, excluding me. To this day, neither the Election
Committee nor the candidates have been provided with copies, much less
originals, of the Candidate Nomination Petitions.

5. I believe that if the candidate nomination petitions had been
provided to the Election Committee, they would have shown that Sam
Sloan (myself) did have enough signatures to get on the ballot and
Allen Priest and possibly Gary Walters did not have enough signatures.
It is an acknowledged fact that Bill Goichberg was collecting
signatures for Allen Priest and Mike Atkins was collecting signatures
for Gary Walters right up to December 30, 2010 and neither of these
candidates had enough signatures up to that time. It is also an
acknowledged fact that Executive Director Bill Hall extended the
December 31, 2010 deadline in order to give Allen Priest and Gary
Walters more time to get their signatures in. However, Bill Hall did
not have the legal right to extend those deadlines, because the
deadlines are set by the by-laws.

6. The candidate nominating petitions were certified by Cheryl Bruce,
a member of the office staff in Crossville, Tennessee, under the
direct supervision and control of Bill Hall. The report of Cheryl
Bruce stated that Allen Priest had enough signatures (but only after
counting the son of Allen Priest and the wife of Bill Goichberg as
delegates) and that I did not have quite enough delegate signatures
although I did have enough signatures of regular members. Nobody
outside of Bill Hall and Cheryl Bruce has seen these candidate
nominating petitions. I have personally asked for a copy of my own
petitions. Bill Hall said that he would provide them but has not done
so. I strongly suspect that these petitions will not include time
stamps showing when they were received because it is clear that some
of the petitions for Allen Priest and Gary Walters were received after
the December 31, 2010 deadline.

7. The affidavit of Bill Hall dated June 10, 2011 which has been
submitted to this court is filled with false and misleading
statements. In the first place, Bill Hall should not be submitting an
affidavit at all, as the Executive Director is specifically excluded
from the election process. Only the Election Committee is supposed to
be involved in elections.

8. Paragraph 4 of the affidavit of Bill Hall states: “Sam Sloan was in
attendance at the Irvine Board of Delegates meeting.” This is
misleading. Although it is true that I was in the room, I was not a
delegate because Bill Goichberg refused to certify me as a delegate. I
am a resident of New York as far as the USCF is concerned and the by-
laws were changed in 2009 so as to give the State Chess Associations
the right to appoint the delegates. Bill Goichberg controls the New
York State, both Upstate and Downstate, Delegations and he refused to
appoint me as a delegate. Instead he appointed his own wife Brenda as
a delegate plus he appointed a bunch of people who never attend these
meetings as delegates.

9. In previous years before the 2009 amendments to the by-laws, the
delegates were elected by the USCF members residing in the respective
states. I was often elected as a delegate from New York State. In
order to stop me from being elected again, Bill Goichberg started
putting popular chess personalities on the ballot without telling them
about it. These popular or famous people were certain to get more
votes than I did. For example, International Master Jay Bonin was
elected several times as a delegate even though he vehemently objected
and wanted to have nothing to do with chess politics. Bonin vehemently
objected to Goichberg running him as a delegate time after time until
Goichberg was forced to finally stop listing him as a candidate.

10. New York State is supposed to have seven delegates and seven
alternates from Downstate New York and three delegates and three
alternates from Upstate New York. Because Goichberg appointed
delegates whom he knew were not going to attend the meeting, the
result was at the August, 2010 meeting in Irvine, California, the only
delegates from New York State were Bill Goichberg and his wife,
Brenda. The other eight delegates did not show up for the meeting. I
was present and available to serve as a delegate but Bill Goichberg
refused to appoint me, even though I have been elected as a delegate
when the delegates were determined by election.

11. Since I was not a delegate at the August 2010 in Irvine,
California, I was not allowed to speak. Thus, the fact that I was in
the room but only as an observer is irrelevant.

12. The motion presented as Exhibit A to the affidavit of Bill Hall is
not the motion that was passed and thus is misleading. However, it
contains the relevant language: ”Any USCF member not a current
employee of the USCF is nominated for election to the Executive Board
upon submission to the Election Committee of the following by December
31 of the year before an election year: ... ”. As pointed out above,
this provision was violated in two respects (1) the petitions were NOT
submitted to the Election Committee and the Election Committee still
to this day has not seen the petitions. (2) Bill Hall extended the
December 31, 2010 deadline into January so as to give two candidates
that he favored, Allen Priest and Gary Walters, additional time to
submit their petitions.

13. Paragraph 10 of the Affidavit of Bill Hall is false and misleading
in several respects. First it states that Chess Life is mailed to
every member of the USCF. This is not true. Chess Life used to be
mailed to every regular member of the USCF, but not any more. That too
was changed while Goichberg was president. Now, regular members of the
USCF only get a TLA Bulletin which contains primarily advertisements
for tournaments run by the Continental Chess Association that is owned
by Bill Goichberg. Thus, regular USCF members receive no election
information.

14. Perhaps more importantly, the “Call for Candidates” cited in
paragraph 9 was only included in the November 2010 issue of Chess
Life. The by-laws require that that the Call for Candidates appear in
the July issue of Chess Life, four months earlier. Putting the call
for candidates in the November issue so close to the final deadline of
December 31 had the effect of making it virtually impossible for any
outsider to get enough signatures under the new rules to get on the
ballot. This may help explain why there were 14 candidates in the 2009
election but only 4 candidates in the 2011 election.

15. Even more important than that, the delegates meeting in which this
by-law provision was passed took place in August 2010. Yet, the by-law
states that the Call for Candidates must be published in the July
Issue of Chess Life. This PROVES that when the delegates passed this
by-law change, they did not intend it to go into effect during the
current year. They must have intended that it go into effect the
following year or whenever the next election was to be held.

16. Under the by-laws in effect prior to the August 2010 amendments, I
clearly had enough signatures as the older by-laws only required 30
signatures. There was no requirement that delegates sign. Any 30
voting members could sign and provide enough signatures. It is not
disputed that I submitted 90 signatures of which 70 were ruled valid.
They claim to have kicked me off the ballot because I did not have
enough signatures of Delegates in that four of my signatures were from
Alternate Delegates, not delegates. However, there was no requirement
that a certain number of delegates sign in the previous by-laws.

17. Regarding the distinction between delegates and alternate
delegates, Bill Hall claims that only delegates count, not alternate
delegates. One of the many problems with this is Bill Hall is
asserting that he has the right to decide who the delegates are and
who the alternate delegates are. There should be an ordered list that
will enable anybody to determine who the delegates are. There is no
such list. When a delegate dies or resigns or moves out of state it
should be possible by means of an ordered list to determine who fills
the empty slot. However, there is no such list. For example, my close
friend, Mike Goodall, whose estate I am now administering, died during
the petitioning period. He was a delegate. Had there been an ordered
list, I could have gone to the next person on the list and gotten his
signature. However, there was no way to know who would take his place
on the list, if anybody.

18. The list of delegates who signed for each of the other candidates
includes names of alternate delegates. With respect to the other four
candidates, no distinction was made between delegates and alternate
delegates. All delegates were counted as valid, including the
alternate delegates. Only with respect to my signatures were the
signatures of alternate delegates not counted.

19. The by-laws now state that any delegate that does not appear at
the annual meeting of the delegates is “deemed to have resigned”. The
August 2010 meeting in Irvine California was sparsely attended. Thus,
the vast majority of delegates are deemed to have resigned. Many of
the delegates who signed for the other candidates are among those who
are deemed to have resigned and therefore their signatures were not
valid. Under this standard, none of the five candidates had enough
signatures of delegates. In the alternative, the four alternate
delegates who signed for me but their signatures were not counted
because they were alternate were valid signatures. Most of these
alternate delegates were from New Jersey. Since nobody from New Jersey
came to the August 2010 meeting, these alternate delegates moved up
and thus their signatures are valid.

20. The by-laws require that there be tapes and transcripts made of
the meetings. One year has now passed since the August 2010 meeting
and neither a tape nor a transcript of the meeting has been produced
although there have been many demands for the same. It is important to
be able to see a transcript of what was said to determine what was the
intent of the delegates. Did the delegates intend that these by-law
amendments take effect immediately with the respect to the current
election already underway with the candidates going around the meeting
room collecting signatures, or were these by-law amendments to take
effect for the next election campaign which will be in 2012 or 2013?
It seems highly unlikely and irregular for the by-laws to take effect
immediately, especially since the by laws as amended state that the
“Call for Candidates” must appear in the July Issue of Chess Life and
it was already August. Thus, they must have intended that they apply
the following year and therefore my name should have been on the
ballot for the current election.

21. Also, I specifically recall at the delegates meeting that one
delegate asked about the need for a current list of delegates so that
the candidates will know whom to ask for signatures. Bill Hall
answered this question by stating that when the time comes for the
next election an accurate list of delegates will be posted. This
satisfied the delegate that this was not an urgent matter and the
requirement for delegate signatures would not take place until the
next election. In fact, the list of delegates for the 2010 year was
not posted until December 27, 2010, only three days before the final
deadline for signatures.

22. Here is a summary of the many irregularities in this election and
the false statements in the affidavit of Bill Hall. These massive
irregularities demonstrate that this election cannot be allowed to
stand and these board members cannot be seated:

#8 - While Mr. Hall states that the point was debated, Sam Sloan was
not a delegate as Sam Sloan is from the State of New York and William
Goichberg is the President of the New York Chess Association, thus he
has the power to appoint delegates. As such William Goichberg did not
appoint Sam Sloan as a delegate, Sam Sloan was not allowed to debate
this point. In fact no delegates from New York were present except for
Bill Goichberg and his wife Brenda because Bill Goichberg had only
appointed delegates whom he knew would not be attending the meeting.

#9 - The Call for Candidates was published in the November 2010 issue
of Chess Life with nominating petitions due back by December 31, 2010.
The November issue of Chess Life was not received until sometime
during the week of Nov 5-11, 2010 giving less than 2 full months.
Additionally the meeting minutes from the 2010 Delegates meeting were
not available until early December, and as such there was no validity
whether or not the Call for Candidates met the requirements as set
forth by the delegates. Furthermore, when a list of delegates were
requested by Sam Sloan from the USCF Office, the office provided Sam
Sloan with an incorrect list of delegates in early December requiring
a second contact to the office to provide this information.

#10 - The USCF staff should never have been reviewing nomination
petitions. The USCF staff works for Bill Hall whose employment
contract is controlled by the USCF Executive Board. This is a clear
conflict of interest.

#12 - The Election Committee members were only provided a MS-Word
document containing the lists of individuals that signed petitions. No
electronic copies (fax or scanned documents) with actual signatures
were provided to the Election Committee members.

#16 - Mr. Hall states that a new election would cost approximately
$5,000 and that it would be a burden to the federation. Mr. Hall fails
to state that the federation is flush with enough cash that it can
hire another office staff member and the VP of Finance has stated that
the USCF will be 'in the black' by over $100,000.

23. Mr. Hall fails to inform the court that the updated Bylaws were
not made available until at the earliest Feb 2011

24. Mr. Hall fails to inform the court that he utilized powers not
granted to him to make changes to the election process. He made the
following changes without authorization:

Change #1 - The nominating petitions, per the USCF Bylaws, were to be
sent to the Election Committee. At no point in time did the USCF or
the Executive Director provide an address where nominating petitions
could be sent to for access by the Election Committee. Instead he
provided the USCF office address. This is a clear conflict of interest
given that the Executive Director's employment contract is controlled
by those who are on the Executive Board. A third party location, such
as the firm that receives the returned ballots should have been the
receipt location of the nominating petitions. As such, all nominating
petitions at this point should be nullified as they did not go
directly to the Election Committee.

Change #2 - The nominating petitions, per the Bylaws, were due on
December 31, 2010 to arrive at the location stated. Mr. Hall took it
upon himself to state that it must be 'post-marked' by Dec 31, 2010
because he had given the office staff the day off. Mr. Hall is the
Executive Director for the USCF for the past 5 years and if a 'day-
off' was scheduled for the staff it would have been his responsibility
to bring this matter forward well in advance, not within weeks of
ballots being due. Even if no one was physically at the office on Dec
31, 2010 the mail would have still been delivered by the US Postal
Service. If the ballots were sent in a special manner such as
Overnight service by any carrier, then the date of delivery attempt
would have shown to be Dec 31, 2010. There was no need to make this
change, nor does Mr. Hall maintain the legal right to change what is
stated in the Bylaws.

Change #3 - The USCF Bylaws clearly states that the voting ballots are
to be sent with Chess Life magazine. Mr. Hall changed the manner of
which the ballots would be mailed out and sent them as a separate
mailing. Mr. Hall does not have the authority to override the Bylaws
of the USCF. As a result, many USCF members may have overlooked the
ballot as 'junk mail' or 'advertising' regardless of how the envelope
was marked. Many did state that they overlooked it and made this clear
on the USCF Issues forum on the USCF website.

25. The Basic bottom Line is that all of these irregularities occurred
and all these changes were made to stop Sam Sloan from running for
election. I was specifically targeted. I have run several times as a
reform candidate and was elected one time. I am by far the best known
candidate and for that matter one of the best known chess
personalities in the entire world. Thus, I would easily be elected in
a fair election contest on a level playing field. The USCF under Bill
Goichberg and Bill Hall has lost more than one million dollars (the
true figure is close to two million) and nobody would vote for them if
they knew the truth, so they go to extreme length to stop me from
running and so that Bill Hall can keep his job.

26. Leaving nothing to chance, Bill Goichberg again blanketed the
voters with a massive mailing attacking the one independent candidate,
who incidentally is the only candidate from the State of Illinois who
has run in many years. Goichberg sent at least four thousand postcards
attacking this independent candidate while extolling the virtues of
the three candidates on the Goichberg Slate. Two of the Goichberg
candidates are unknown to the world of chess and would never be
elected without the support of Goichberg, so they are indebted to him.

27. Goichberg called the one independent candidate an abuser of women,
a cheater at chess and a variety of other names and epithets. Small
wonder that he was not elected and the Goichberg candidates got three
times as many votes. The fact that the three Goichberg candidates got
almost exactly the same number of votes although they have vastly
different backgrounds shows the effect of the Goichberg mailings and
why almost everybody who is not willing to become a Goichberg
sycophant has given up trying to run.

28. Goichberg awards more than one million dollars per year in cash
prizes at his chess tournaments. His tournaments are all USCF rated
tournaments and thus dependent on the USCF. This explains why he finds
it necessary to run his slates of candidates every year and blankets
the voters with mailings to insure that only his candidates are
elected and nobody else has a fair chance.

29. Goichberg has stated several times on the forums that the reason
he runs a slate of candidates every year and conducts these mass
mailing is the one year that he did not do it is the year that Sam
Sloan won. He wants to make sure that this does not happen again. In
so doing, he admits that if he did not do this, Sam Sloan would win
again. He says that he has a right to do this under the Supreme Court
“Citizens United” decision: Citizens United v. Federal Election
Commission, 558 US 08-205(2010). However, that decision does not apply
to this case. Here, Goichberg is using corporate funds of his for-
profit Continental Chess Association Inc. to conduct mass mailings to
members of this Not-for-profit Illinois Corporation in order to
influence the results of an election. The fact that it is the
Continental Chess Association Inc. and not Goichberg personally that
is doing the mailings is demonstrated by the fact that these postcard
mailings also include advertisements for Continental Chess Association
tournaments.

WHEREFORE, for all of the Reasons Set Forth Above, petitioner
requests:

1. An injunction from the court barring the seating of the elected
individuals; namely Allen Priest, Mike Nietman and Gary Walters.

2. The court's permission to move forward with subpoenas and
depositions of USCF Delegates, Committee Members, and key USCF members
which will provide further information to the court in rendering a
decision in this matter.

__________________________
Sam Sloan
461 Peachstone Terrace
San Rafael CA 94903
(415) 419-5980
917-507-7226

Please note: Although my regular permanent address is in Bronx NY, I
am presently in California where I am Administrator of the Estate of
Mike Goodall, a close friend who died (and who was also a long
standing USCF delegate). I expect to be here for a long time as we are
fighting a court case against Bank of America who is trying to steal
the entire estate, leaving the heirs with nothing.

Sworn to Before Me this 4th
Day of August, 2011


___________________________
NOTARY PUBLIC
  #2   Report Post  
Old August 4th 11, 10:45 PM posted to rec.games.chess.misc,rec.games.chess.politics,alt.chess
external usenet poster
 
First recorded activity by ChessBanter: Jun 2011
Posts: 47
Default Motion to Enjoin Seating of Candidates on Grounds of Fraud

On 8/4/2011 2:19 PM, samsloan wrote:
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIAL CIRCUIT
SANGAMON COUNTY, ILLINOIS

SAM SLOAN, )

Plaintiff )
)
- Against - ) 2011MR000159
)
WILIAM GOICHBERG, )
RANDY BAUER, )
JAMES BERRY, )
RUTH HARING, )
ALLEN PRIEST, )
GARY WALTERS, )
MICHAEL ATKINS, )
MICHAEL NIETMAN, )
BILL HALL, )
CONTINENTAL CHESS ASSOCIATION, INC, )
UNITED STATES OF AMERICA CHESS FEDERATION, INC, )
an Illinois Not for Profit Corporation )
)
Defendants )

MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION
ENJOINING THE ALLEGEDLY NEWLY ELECTED BOARD MEMBERS FROM BEING SEATED

Sam Sloan, being duly sworn, deposes and says:

1. I make this affidavit in support of a motion to enjoin the seating
of three board members allegedly just elected to the Executive Board
of the United States of America Chess Federation. These new board
members are Allen Priest, Gary Walters and Michael Nietman. There has
been massive fraud and misconduct in the election just concluded and
therefore these board members cannot be seated.

2. For example, the by-laws require that the election ballots be
mailed with Chess Life. This was not done. The election ballots were
mailed in a cheap separate mailing that looked like junk mail and thus
was discarded as junk mail by many voting members. This explains the
lowest ever voter turn out. Only 1893 ballots returned as compared
with more than three thousand in previous years. This court must order
a new election and further order that those responsible for the fraud
and misconduct be expelled from any governance position in the USCF.
This is only the beginning:

3. The first and perhaps the most fundamental fraud and misconduct is
the participation of Bill Hall, Executive Director of the United
States Chess Federation, in the election process. I have been a member
of the USCF since 1956 and in all those years the Executive Director
has NEVER been involved in the conduct of an election. The reason is
obvious. The Executive Director is an employee who works for the
board. He thus has a vested interest in serving his bosses especially
where, as here, two board members are running for re-election. In
recognition of this fact, the USCF By-laws call for an “Election
Committee”. This “Election Committee” is supposed to do everything
with regard to an election, from setting the dates, collecting and
examining the petitions, counting the ballots and certifying the
results.

4. This year the Election Committee has been frozen out of the
process. The by-laws clearly state that Candidate Nominating Petitions
are to be mailed by the candidates to the Election Committee. This was
not done as the address of the Election Committee or even the names of
the members of the committee were not provided to the candidates. The
candidates were told instead to have the nominating petitions mailed
to the USCF office in Crossville, Tennessee. Having done that, the
office should have mailed the petitions to the Election Committee.
They did not do that. Instead, the office staff itself under the
direct supervision of Bill Hall examined the petitions and certified
the candidates, excluding me. To this day, neither the Election
Committee nor the candidates have been provided with copies, much less
originals, of the Candidate Nomination Petitions.

5. I believe that if the candidate nomination petitions had been
provided to the Election Committee, they would have shown that Sam
Sloan (myself) did have enough signatures to get on the ballot and
Allen Priest and possibly Gary Walters did not have enough signatures.
It is an acknowledged fact that Bill Goichberg was collecting
signatures for Allen Priest and Mike Atkins was collecting signatures
for Gary Walters right up to December 30, 2010 and neither of these
candidates had enough signatures up to that time. It is also an
acknowledged fact that Executive Director Bill Hall extended the
December 31, 2010 deadline in order to give Allen Priest and Gary
Walters more time to get their signatures in. However, Bill Hall did
not have the legal right to extend those deadlines, because the
deadlines are set by the by-laws.

6. The candidate nominating petitions were certified by Cheryl Bruce,
a member of the office staff in Crossville, Tennessee, under the
direct supervision and control of Bill Hall. The report of Cheryl
Bruce stated that Allen Priest had enough signatures (but only after
counting the son of Allen Priest and the wife of Bill Goichberg as
delegates) and that I did not have quite enough delegate signatures
although I did have enough signatures of regular members. Nobody
outside of Bill Hall and Cheryl Bruce has seen these candidate
nominating petitions. I have personally asked for a copy of my own
petitions. Bill Hall said that he would provide them but has not done
so. I strongly suspect that these petitions will not include time
stamps showing when they were received because it is clear that some
of the petitions for Allen Priest and Gary Walters were received after
the December 31, 2010 deadline.

7. The affidavit of Bill Hall dated June 10, 2011 which has been
submitted to this court is filled with false and misleading
statements. In the first place, Bill Hall should not be submitting an
affidavit at all, as the Executive Director is specifically excluded
from the election process. Only the Election Committee is supposed to
be involved in elections.

8. Paragraph 4 of the affidavit of Bill Hall states: “Sam Sloan was in
attendance at the Irvine Board of Delegates meeting.” This is
misleading. Although it is true that I was in the room, I was not a
delegate because Bill Goichberg refused to certify me as a delegate. I
am a resident of New York as far as the USCF is concerned and the by-
laws were changed in 2009 so as to give the State Chess Associations
the right to appoint the delegates. Bill Goichberg controls the New
York State, both Upstate and Downstate, Delegations and he refused to
appoint me as a delegate. Instead he appointed his own wife Brenda as
a delegate plus he appointed a bunch of people who never attend these
meetings as delegates.

9. In previous years before the 2009 amendments to the by-laws, the
delegates were elected by the USCF members residing in the respective
states. I was often elected as a delegate from New York State. In
order to stop me from being elected again, Bill Goichberg started
putting popular chess personalities on the ballot without telling them
about it. These popular or famous people were certain to get more
votes than I did. For example, International Master Jay Bonin was
elected several times as a delegate even though he vehemently objected
and wanted to have nothing to do with chess politics. Bonin vehemently
objected to Goichberg running him as a delegate time after time until
Goichberg was forced to finally stop listing him as a candidate.

10. New York State is supposed to have seven delegates and seven
alternates from Downstate New York and three delegates and three
alternates from Upstate New York. Because Goichberg appointed
delegates whom he knew were not going to attend the meeting, the
result was at the August, 2010 meeting in Irvine, California, the only
delegates from New York State were Bill Goichberg and his wife,
Brenda. The other eight delegates did not show up for the meeting. I
was present and available to serve as a delegate but Bill Goichberg
refused to appoint me, even though I have been elected as a delegate
when the delegates were determined by election.

11. Since I was not a delegate at the August 2010 in Irvine,
California, I was not allowed to speak. Thus, the fact that I was in
the room but only as an observer is irrelevant.

12. The motion presented as Exhibit A to the affidavit of Bill Hall is
not the motion that was passed and thus is misleading. However, it
contains the relevant language: ”Any USCF member not a current
employee of the USCF is nominated for election to the Executive Board
upon submission to the Election Committee of the following by December
31 of the year before an election year: ... ”. As pointed out above,
this provision was violated in two respects (1) the petitions were NOT
submitted to the Election Committee and the Election Committee still
to this day has not seen the petitions. (2) Bill Hall extended the
December 31, 2010 deadline into January so as to give two candidates
that he favored, Allen Priest and Gary Walters, additional time to
submit their petitions.

13. Paragraph 10 of the Affidavit of Bill Hall is false and misleading
in several respects. First it states that Chess Life is mailed to
every member of the USCF. This is not true. Chess Life used to be
mailed to every regular member of the USCF, but not any more. That too
was changed while Goichberg was president. Now, regular members of the
USCF only get a TLA Bulletin which contains primarily advertisements
for tournaments run by the Continental Chess Association that is owned
by Bill Goichberg. Thus, regular USCF members receive no election
information.

14. Perhaps more importantly, the “Call for Candidates” cited in
paragraph 9 was only included in the November 2010 issue of Chess
Life. The by-laws require that that the Call for Candidates appear in
the July issue of Chess Life, four months earlier. Putting the call
for candidates in the November issue so close to the final deadline of
December 31 had the effect of making it virtually impossible for any
outsider to get enough signatures under the new rules to get on the
ballot. This may help explain why there were 14 candidates in the 2009
election but only 4 candidates in the 2011 election.

15. Even more important than that, the delegates meeting in which this
by-law provision was passed took place in August 2010. Yet, the by-law
states that the Call for Candidates must be published in the July
Issue of Chess Life. This PROVES that when the delegates passed this
by-law change, they did not intend it to go into effect during the
current year. They must have intended that it go into effect the
following year or whenever the next election was to be held.

16. Under the by-laws in effect prior to the August 2010 amendments, I
clearly had enough signatures as the older by-laws only required 30
signatures. There was no requirement that delegates sign. Any 30
voting members could sign and provide enough signatures. It is not
disputed that I submitted 90 signatures of which 70 were ruled valid.
They claim to have kicked me off the ballot because I did not have
enough signatures of Delegates in that four of my signatures were from
Alternate Delegates, not delegates. However, there was no requirement
that a certain number of delegates sign in the previous by-laws.

17. Regarding the distinction between delegates and alternate
delegates, Bill Hall claims that only delegates count, not alternate
delegates. One of the many problems with this is Bill Hall is
asserting that he has the right to decide who the delegates are and
who the alternate delegates are. There should be an ordered list that
will enable anybody to determine who the delegates are. There is no
such list. When a delegate dies or resigns or moves out of state it
should be possible by means of an ordered list to determine who fills
the empty slot. However, there is no such list. For example, my close
friend, Mike Goodall, whose estate I am now administering, died during
the petitioning period. He was a delegate. Had there been an ordered
list, I could have gone to the next person on the list and gotten his
signature. However, there was no way to know who would take his place
on the list, if anybody.

18. The list of delegates who signed for each of the other candidates
includes names of alternate delegates. With respect to the other four
candidates, no distinction was made between delegates and alternate
delegates. All delegates were counted as valid, including the
alternate delegates. Only with respect to my signatures were the
signatures of alternate delegates not counted.

19. The by-laws now state that any delegate that does not appear at
the annual meeting of the delegates is “deemed to have resigned”. The
August 2010 meeting in Irvine California was sparsely attended. Thus,
the vast majority of delegates are deemed to have resigned. Many of
the delegates who signed for the other candidates are among those who
are deemed to have resigned and therefore their signatures were not
valid. Under this standard, none of the five candidates had enough
signatures of delegates. In the alternative, the four alternate
delegates who signed for me but their signatures were not counted
because they were alternate were valid signatures. Most of these
alternate delegates were from New Jersey. Since nobody from New Jersey
came to the August 2010 meeting, these alternate delegates moved up
and thus their signatures are valid.

20. The by-laws require that there be tapes and transcripts made of
the meetings. One year has now passed since the August 2010 meeting
and neither a tape nor a transcript of the meeting has been produced
although there have been many demands for the same. It is important to
be able to see a transcript of what was said to determine what was the
intent of the delegates. Did the delegates intend that these by-law
amendments take effect immediately with the respect to the current
election already underway with the candidates going around the meeting
room collecting signatures, or were these by-law amendments to take
effect for the next election campaign which will be in 2012 or 2013?
It seems highly unlikely and irregular for the by-laws to take effect
immediately, especially since the by laws as amended state that the
“Call for Candidates” must appear in the July Issue of Chess Life and
it was already August. Thus, they must have intended that they apply
the following year and therefore my name should have been on the
ballot for the current election.

21. Also, I specifically recall at the delegates meeting that one
delegate asked about the need for a current list of delegates so that
the candidates will know whom to ask for signatures. Bill Hall
answered this question by stating that when the time comes for the
next election an accurate list of delegates will be posted. This
satisfied the delegate that this was not an urgent matter and the
requirement for delegate signatures would not take place until the
next election. In fact, the list of delegates for the 2010 year was
not posted until December 27, 2010, only three days before the final
deadline for signatures.

22. Here is a summary of the many irregularities in this election and
the false statements in the affidavit of Bill Hall. These massive
irregularities demonstrate that this election cannot be allowed to
stand and these board members cannot be seated:

#8 - While Mr. Hall states that the point was debated, Sam Sloan was
not a delegate as Sam Sloan is from the State of New York and William
Goichberg is the President of the New York Chess Association, thus he
has the power to appoint delegates. As such William Goichberg did not
appoint Sam Sloan as a delegate, Sam Sloan was not allowed to debate
this point. In fact no delegates from New York were present except for
Bill Goichberg and his wife Brenda because Bill Goichberg had only
appointed delegates whom he knew would not be attending the meeting.

#9 - The Call for Candidates was published in the November 2010 issue
of Chess Life with nominating petitions due back by December 31, 2010.
The November issue of Chess Life was not received until sometime
during the week of Nov 5-11, 2010 giving less than 2 full months.
Additionally the meeting minutes from the 2010 Delegates meeting were
not available until early December, and as such there was no validity
whether or not the Call for Candidates met the requirements as set
forth by the delegates. Furthermore, when a list of delegates were
requested by Sam Sloan from the USCF Office, the office provided Sam
Sloan with an incorrect list of delegates in early December requiring
a second contact to the office to provide this information.

#10 - The USCF staff should never have been reviewing nomination
petitions. The USCF staff works for Bill Hall whose employment
contract is controlled by the USCF Executive Board. This is a clear
conflict of interest.

#12 - The Election Committee members were only provided a MS-Word
document containing the lists of individuals that signed petitions. No
electronic copies (fax or scanned documents) with actual signatures
were provided to the Election Committee members.

#16 - Mr. Hall states that a new election would cost approximately
$5,000 and that it would be a burden to the federation. Mr. Hall fails
to state that the federation is flush with enough cash that it can
hire another office staff member and the VP of Finance has stated that
the USCF will be 'in the black' by over $100,000.

23. Mr. Hall fails to inform the court that the updated Bylaws were
not made available until at the earliest Feb 2011

24. Mr. Hall fails to inform the court that he utilized powers not
granted to him to make changes to the election process. He made the
following changes without authorization:

Change #1 - The nominating petitions, per the USCF Bylaws, were to be
sent to the Election Committee. At no point in time did the USCF or
the Executive Director provide an address where nominating petitions
could be sent to for access by the Election Committee. Instead he
provided the USCF office address. This is a clear conflict of interest
given that the Executive Director's employment contract is controlled
by those who are on the Executive Board. A third party location, such
as the firm that receives the returned ballots should have been the
receipt location of the nominating petitions. As such, all nominating
petitions at this point should be nullified as they did not go
directly to the Election Committee.

Change #2 - The nominating petitions, per the Bylaws, were due on
December 31, 2010 to arrive at the location stated. Mr. Hall took it
upon himself to state that it must be 'post-marked' by Dec 31, 2010
because he had given the office staff the day off. Mr. Hall is the
Executive Director for the USCF for the past 5 years and if a 'day-
off' was scheduled for the staff it would have been his responsibility
to bring this matter forward well in advance, not within weeks of
ballots being due. Even if no one was physically at the office on Dec
31, 2010 the mail would have still been delivered by the US Postal
Service. If the ballots were sent in a special manner such as
Overnight service by any carrier, then the date of delivery attempt
would have shown to be Dec 31, 2010. There was no need to make this
change, nor does Mr. Hall maintain the legal right to change what is
stated in the Bylaws.

Change #3 - The USCF Bylaws clearly states that the voting ballots are
to be sent with Chess Life magazine. Mr. Hall changed the manner of
which the ballots would be mailed out and sent them as a separate
mailing. Mr. Hall does not have the authority to override the Bylaws
of the USCF. As a result, many USCF members may have overlooked the
ballot as 'junk mail' or 'advertising' regardless of how the envelope
was marked. Many did state that they overlooked it and made this clear
on the USCF Issues forum on the USCF website.

25. The Basic bottom Line is that all of these irregularities occurred
and all these changes were made to stop Sam Sloan from running for
election. I was specifically targeted. I have run several times as a
reform candidate and was elected one time. I am by far the best known
candidate and for that matter one of the best known chess
personalities in the entire world. Thus, I would easily be elected in
a fair election contest on a level playing field. The USCF under Bill
Goichberg and Bill Hall has lost more than one million dollars (the
true figure is close to two million) and nobody would vote for them if
they knew the truth, so they go to extreme length to stop me from
running and so that Bill Hall can keep his job.

26. Leaving nothing to chance, Bill Goichberg again blanketed the
voters with a massive mailing attacking the one independent candidate,
who incidentally is the only candidate from the State of Illinois who
has run in many years. Goichberg sent at least four thousand postcards
attacking this independent candidate while extolling the virtues of
the three candidates on the Goichberg Slate. Two of the Goichberg
candidates are unknown to the world of chess and would never be
elected without the support of Goichberg, so they are indebted to him.

27. Goichberg called the one independent candidate an abuser of women,
a cheater at chess and a variety of other names and epithets. Small
wonder that he was not elected and the Goichberg candidates got three
times as many votes. The fact that the three Goichberg candidates got
almost exactly the same number of votes although they have vastly
different backgrounds shows the effect of the Goichberg mailings and
why almost everybody who is not willing to become a Goichberg
sycophant has given up trying to run.

28. Goichberg awards more than one million dollars per year in cash
prizes at his chess tournaments. His tournaments are all USCF rated
tournaments and thus dependent on the USCF. This explains why he finds
it necessary to run his slates of candidates every year and blankets
the voters with mailings to insure that only his candidates are
elected and nobody else has a fair chance.

29. Goichberg has stated several times on the forums that the reason
he runs a slate of candidates every year and conducts these mass
mailing is the one year that he did not do it is the year that Sam
Sloan won. He wants to make sure that this does not happen again. In
so doing, he admits that if he did not do this, Sam Sloan would win
again. He says that he has a right to do this under the Supreme Court
“Citizens United” decision: Citizens United v. Federal Election
Commission, 558 US 08-205(2010). However, that decision does not apply
to this case. Here, Goichberg is using corporate funds of his for-
profit Continental Chess Association Inc. to conduct mass mailings to
members of this Not-for-profit Illinois Corporation in order to
influence the results of an election. The fact that it is the
Continental Chess Association Inc. and not Goichberg personally that
is doing the mailings is demonstrated by the fact that these postcard
mailings also include advertisements for Continental Chess Association
tournaments.

WHEREFORE, for all of the Reasons Set Forth Above, petitioner
requests:

1. An injunction from the court barring the seating of the elected
individuals; namely Allen Priest, Mike Nietman and Gary Walters.

2. The court's permission to move forward with subpoenas and
depositions of USCF Delegates, Committee Members, and key USCF members
which will provide further information to the court in rendering a
decision in this matter.

__________________________
Sam Sloan
461 Peachstone Terrace
San Rafael CA 94903
(415) 419-5980
917-507-7226

Please note: Although my regular permanent address is in Bronx NY, I
am presently in California where I am Administrator of the Estate of
Mike Goodall, a close friend who died (and who was also a long
standing USCF delegate). I expect to be here for a long time as we are
fighting a court case against Bank of America who is trying to steal
the entire estate, leaving the heirs with nothing.

Sworn to Before Me this 4th
Day of August, 2011


___________________________
NOTARY PUBLIC

If they refused to grant your motion for an injunction preventing the
election, this motion has about a negative 99% chance of success. You
need another life Sam.
  #3   Report Post  
Old August 5th 11, 02:21 AM posted to rec.games.chess.misc,rec.games.chess.politics,alt.chess
external usenet poster
 
First recorded activity by ChessBanter: Feb 2010
Posts: 618
Default Motion to Enjoin Seating of Candidates on Grounds of Fraud

On Thu, 04 Aug 2011 17:45:00 -0400, BL wrote:

On 8/4/2011 2:19 PM, samsloan wrote:


If they refused to grant your motion for an injunction preventing the
election, this motion has about a negative 99% chance of success. You
need another life Sam.


I think Sam's long ago win by default in the Supreme Court was akin to
a gambler winning big early in his "career". AFAIK, he hasn't had a
single success in court since.
  #4   Report Post  
Old August 5th 11, 11:12 PM posted to rec.games.chess.misc,rec.games.chess.politics,alt.chess
external usenet poster
 
First recorded activity by ChessBanter: Jun 2011
Posts: 47
Default Motion to Enjoin Seating of Candidates on Grounds of Fraud

On 8/4/2011 9:21 PM, MikeMurray wrote:
On Thu, 04 Aug 2011 17:45:00 -0400, wrote:

On 8/4/2011 2:19 PM, samsloan wrote:


If they refused to grant your motion for an injunction preventing the
election, this motion has about a negative 99% chance of success. You
need another life Sam.


I think Sam's long ago win by default in the Supreme Court was akin to
a gambler winning big early in his "career". AFAIK, he hasn't had a
single success in court since.

I think that's correct.

Reply
Thread Tools
Display Modes

Posting Rules

Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Motion to Enjoin Seating of Candidates on Grounds of Fraud samsloan rec.games.chess.politics (Chess Politics) 3 August 5th 11 11:12 PM
Motion to Enjoin Seating of Candidates on Grounds of Fraud samsloan rec.games.chess.misc (Chess General) 3 August 5th 11 11:12 PM
Defendants' Motion Crystal Tech DVD MrVidmar rec.games.chess.politics (Chess Politics) 0 June 19th 09 11:32 AM
Defendants' Motion Crystal Tech DVD MrVidmar rec.games.chess.misc (Chess General) 0 June 19th 09 11:32 AM
Defendants' Motion Crystal Tech DVD MrVidmar alt.chess (Alternative Chess Group) 0 June 19th 09 11:32 AM


All times are GMT +1. The time now is 02:51 AM.

Powered by vBulletin® Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Copyright ©2004-2018 ChessBanter.
The comments are property of their posters.
 

About Us

"It's about Chess"

 

Copyright © 2017