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Old November 9th 07, 11:07 PM posted to rec.games.chess.politics
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Posts: 383
Default Bill Hall Stonewalls--Supplimental Document Demand

The following supplimentary demand for documents relating to the USCF
retirement play has been sent to tha following people:



Bill Hall, Executive Director USCF
Bill Goichberg, President USCF
Susan Polgar, Chairman USCF
Jim Berry, Vice President USCF
Randy Bauer, Vice President Finance USCF
Randall Hough, Vice President Secretary USCF
Paul Truong, Vice President Marketing & Communications USCF
Joel Channing, Vice President Business Development USCF

Board Information System for USCF

Transparency and a desire to solve the problem would be so much simpler in
the long run. I suspect the regulators at the Dept. of Labor handling ERISA
complaints will be involved very shortly.

__________________________________________________ _______________________________________________






November 9, 2007



Via Email to: Executive Board Members and the Executive Director of the
United States Chess Federation



Via Certified Mail to: Bill Hall, Executive Director

Bill Goichberg, President

Susan Polgar, Chairman



In a message dated 10/19/2007 5:30:49 P.M. Eastern Daylight Time,
writes:

Donna,



There are two items on your list that would fall under the statute that you
cited in your letter. We are mailing to you the copy of the agreement with
Spectrum addressed in item #2. Item #4 would fall under this statute also,
however Spectrum will not produce this report until the reconciliation
process is complete. Notification of the process which we are under going
was sent to participants prior to the US Open meetings. As I have discussed
with you previously, we do not have a copy of the Perks letter referred to
in item #1. Item #3 is an unreasonable request and not something supported
by the statute. Item #5 was a confidential, attorney client privilege
document. I believe you received the report that had all of the information
in it that related to the plan.



I hope this satisfies this matter.



Regards,



Bill Hall
Executive Director
United States Chess Federation
P.O. Box 3967
Crossville, TN 38557-3967
Phone: (931) 787-1234
Fax: (931) 787-1200


--------------------------------------------------------------------------------



Mr. Hall,



We noticed that your reply to Donna Alarie did not include all the Executive
Board members who are trustees of the retirement plan or the BINFO. We have
included all since they were addressed in Ms. Alarie's original USCF Demand
Letter of 9/25/07.



Thank you for producing the agreement with Spectrum fulfilling Item #2.



Regarding Item #1:



Letter from Grant Perks, CPA as Chief Financial Officer of the U.S. Chess
Federation to Spectrum Pension and Compensation, Inc. which is referenced in
the reply from Spectrum dated April 5, 2005.



Stating that you informed Ms. Alarie previously that you do not have a copy
of the Perks letter referred to in Item #1 is an issue. First, in that
letter Spectrum states:



"In response to your letter in which you raise various issues concerning
checks and distributions made by the Profit Sharing Plan, we have enclosed
information, which we were given to complete the Annual Plan Review for the
periods ended December 31, 1998 through December 31, 2004. We also include
a copy of the December 31, 1998 account balance statement which we will use
for opening balances if you decide to move forward with re-running plan
reviews from 1998 on."



Obviously, this indicates that USCF was aware of problems in the retirement
plan in April, 2005.


Secondly, your last email to Ms. Alarie concerning this issue was on 7/20/07
in which you stated that you had asked Grant if he had a copy of the letter
and he stated that he does not have it. Ms. Alarie's response to that email
was:



"Okay, then I am assuming you'll be asking Spectrum for a copy of the letter
that Grant sent to which they responded on April 5, 2005, correct? Thanks."



For the record, are you stating now, that not only has USCF lost a corporate
record detailing issues in the retirement plan, but also Spectrum has lost a
corporate record as well?



Regarding Item #3:



Any and all correspondence between U.S. Chess Federation and Spectrum
between January 1, 2005 and September 24, 2007.



The failure of the USCF to provide the correspondence in Item #3 of the
demand is not acceptable. The Demand for production is not unreasonable.
We note that you gave no reason for calling this part of the Demand
unreasonable. We can only assume that the USCF does not wish to disclose
relevant correspondence between it and Spectrum because there is something
management does not wish the membership to see.



Regarding Item #4:



Summary Annual Report for the United States of America Chess Federation
Profit Sharing Plan and Trust for the period January 1, 2006 to December 31,
2006.



You have stated that Spectrum will not produce this report until the
reconciliation process is complete. Form 5500 has a due date for filing
with the IRS of 7/31/07. Was an extension request filed with the IRS?
Also, any extension would be valid until 10/15/07. Please provide
correspondence from the IRS indicating that the IRS is aware that USCF does
not plan to file this report until the reconciliation is complete.



Are not the Administrative Penalties on this report potentially: "1. A
penalty of up to $1,100 for each day a plan administrator fails or refuses
to file a complete report."?
(
http://www.irs.gov/pub/irs-pdf/i5500_06.pdf) - Page 7. Is there some
reason to believe that this penalty will not be assessed to USCF?



You stated that "Notification of the process which we are under going was
sent to participants prior to the US Open meetings." Please provide a copy
of that notification. Several of the former employees with whom Ms. Alarie
is in contact did not receive it. Please advise how many employees you sent
that notification to and to whom it was sent.



Regarding Item #5:



Fax or email received by U.S. Chess Federation from Attorney Simon on or
about May 17, 2007 pertaining to the USCF retirement plan.



USCF has provided other documents detailing correspondence from Attorney
Simon and since some of those documents have shown conflicting statements
pertaining to the retirement plan, it is of particular interest for us to
know what his position was on or about May 17, 2007. We also have reason to
believe that Ms. Alarie and/or her questions pertaining to the retirement
plan are referenced in this communication.



Continued failure to provide the documents requested may be interpreted as a
violation of Illinois Statute 805 ILCS 107.75 as described in the demand
letter dated September 25, 2007. These items will also be noted in the
report which will be submitted to the governing agencies which oversee the
ERISA laws.



Your prompt response would be appreciated.



Donna Alarie

USCF Member #12447542



Brian P. Lafferty

USCF Member #13592564


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Old November 9th 07, 11:41 PM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Sep 2007
Posts: 1,576
Default Bill Hall Stonewalls--Supplimental Document Demand

On Nov 9, 5:07 pm, "B. Lafferty" wrote:
The following supplimentary demand for documents relating to the USCF
retirement play has been sent to tha following people:

Bill Hall, Executive Director USCF
Bill Goichberg, President USCF
Susan Polgar, Chairman USCF
Jim Berry, Vice President USCF
Randy Bauer, Vice President Finance USCF
Randall Hough, Vice President Secretary USCF
Paul Truong, Vice President Marketing & Communications USCF
Joel Channing, Vice President Business Development USCF

Board Information System for USCF

Transparency and a desire to solve the problem would be so much simpler in
the long run. I suspect the regulators at the Dept. of Labor handling ERISA
complaints will be involved very shortly.

__________________________________________________ _________________________*______________________

November 9, 2007

Via Email to: Executive Board Members and the Executive Director of the
United States Chess Federation

Via Certified Mail to: Bill Hall, Executive Director

Bill Goichberg, President

Susan Polgar, Chairman

In a message dated 10/19/2007 5:30:49 P.M. Eastern Daylight Time,

writes:

Donna,

There are two items on your list that would fall under the statute that you
cited in your letter. We are mailing to you the copy of the agreement with
Spectrum addressed in item #2. Item #4 would fall under this statute also,
however Spectrum will not produce this report until the reconciliation
process is complete. Notification of the process which we are under going
was sent to participants prior to the US Open meetings. As I have discussed
with you previously, we do not have a copy of the Perks letter referred to
in item #1. Item #3 is an unreasonable request and not something supported
by the statute. Item #5 was a confidential, attorney client privilege
document. I believe you received the report that had all of the information
in it that related to the plan.

I hope this satisfies this matter.

Regards,

Bill Hall
Executive Director
United States Chess Federation
P.O. Box 3967
Crossville, TN 38557-3967
Phone: (931) 787-1234
Fax: (931) 787-1200

---------------------------------------------------------------------------*-----

Mr. Hall,

We noticed that your reply to Donna Alarie did not include all the Executive
Board members who are trustees of the retirement plan or the BINFO. We have
included all since they were addressed in Ms. Alarie's original USCF Demand
Letter of 9/25/07.

Thank you for producing the agreement with Spectrum fulfilling Item #2.

Regarding Item #1:

Letter from Grant Perks, CPA as Chief Financial Officer of the U.S. Chess
Federation to Spectrum Pension and Compensation, Inc. which is referenced in
the reply from Spectrum dated April 5, 2005.

Stating that you informed Ms. Alarie previously that you do not have a copy
of the Perks letter referred to in Item #1 is an issue. First, in that
letter Spectrum states:

"In response to your letter in which you raise various issues concerning
checks and distributions made by the Profit Sharing Plan, we have enclosed
information, which we were given to complete the Annual Plan Review for the
periods ended December 31, 1998 through December 31, 2004. We also include
a copy of the December 31, 1998 account balance statement which we will use
for opening balances if you decide to move forward with re-running plan
reviews from 1998 on."

Obviously, this indicates that USCF was aware of problems in the retirement
plan in April, 2005.

Secondly, your last email to Ms. Alarie concerning this issue was on 7/20/07
in which you stated that you had asked Grant if he had a copy of the letter
and he stated that he does not have it. Ms. Alarie's response to that email
was:

"Okay, then I am assuming you'll be asking Spectrum for a copy of the letter
that Grant sent to which they responded on April 5, 2005, correct? Thanks."

For the record, are you stating now, that not only has USCF lost a corporate
record detailing issues in the retirement plan, but also Spectrum has lost a
corporate record as well?

Regarding Item #3:

Any and all correspondence between U.S. Chess Federation and Spectrum
between January 1, 2005 and September 24, 2007.

The failure of the USCF to provide the correspondence in Item #3 of the
demand is not acceptable. The Demand for production is not unreasonable.
We note that you gave no reason for calling this part of the Demand
unreasonable. We can only assume that the USCF does not wish to disclose
relevant correspondence between it and Spectrum because there is something
management does not wish the membership to see.

Regarding Item #4:

Summary Annual Report for the United States of America Chess Federation
Profit Sharing Plan and Trust for the period January 1, 2006 to December 31,
2006.

You have stated that Spectrum will not produce this report until the
reconciliation process is complete. Form 5500 has a due date for filing
with the IRS of 7/31/07. Was an extension request filed with the IRS?
Also, any extension would be valid until 10/15/07. Please provide
correspondence from the IRS indicating that the IRS is aware that USCF does
not plan to file this report until the reconciliation is complete.

Are not the Administrative Penalties on this report potentially: "1. A
penalty of up to $1,100 for each day a plan administrator fails or refuses
to file a complete report."?
(http://www.irs.gov/pub/irs-pdf/i5500_06.pdf) - Page 7. Is there some
reason to believe that this penalty will not be assessed to USCF?

You stated that "Notification of the process which we are under going was
sent to participants prior to the US Open meetings." Please provide a copy
of that notification. Several of the former employees with whom Ms. Alarie
is in contact did not receive it. Please advise how many employees you sent
that notification to and to whom it was sent.

Regarding Item #5:

Fax or email received by U.S. Chess Federation from Attorney Simon on or
about May 17, 2007 pertaining to the USCF retirement plan.

USCF has provided other documents detailing correspondence from Attorney
Simon and since some of those documents have shown conflicting statements
pertaining to the retirement plan, it is of particular interest for us to
know what his position was on or about May 17, 2007. We also have reason to
believe that Ms. Alarie and/or her questions pertaining to the retirement
plan are referenced in this communication.

Continued failure to provide the documents requested may be interpreted as a
violation of Illinois Statute 805 ILCS 107.75 as described in the demand
letter dated September 25, 2007. These items will also be noted in the
report which will be submitted to the governing agencies which oversee the
ERISA laws.

Your prompt response would be appreciated.

Donna Alarie

USCF Member #12447542

Brian P. Lafferty

USCF Member #13592564


Brian

You are missing a legal issue. Donna is a member of the Board of
Directors. The Board of Directors is also the Board of Delegates,
which has the authority over the Executive Board. Donna
Has a case stronger than your case as a member for document
production. She also has an agenda access to the Board of Delegates,
which can meet next August or be ordered
Into special session by the USCF president, an Eb majority, or a
court. She need to go ahead and file a resolution with this request
for the advance agenda of the Board of Delegates.

You need to include Donna as a Delegate or Director to get your
desired result. Her rights as a director outweigh your or my rights as
a member. She doesn't want to brag to a former judge, but you NEED TO
USE THE WEIGHT OF HER OFFICE.


Marcus Roberts

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