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AHRMA Dissolution?

Discussion in 'WERA Vintage' started by 83BSA, Oct 30, 2006.

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  1. 83BSA

    83BSA Well-Known Member

    I hope not, I just paid for 2007. To my knowledge, AHRMA will continue . . . . the question is as what and in what fashion. But of course, we can't know that because no authority from AHRMA will provide any information . . . .
  2. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    I would seek to have any motion to withdraw that I made under seal and ex parte (ex par-tay, Latin for without a party, meaning that only the Judge gets your motion, not the other side). Only the Judge needs to know the reason for withdrawl and the opposition should not be given information about the financial status of the client.

    Also, when an attorney is forced to withdraw for ethical reasons such as where a client is committing perjury, it would not be appropriate to advise the opposition (or maybe even the Judge). I'm not insinuating that this is the case in the Iannucci/AHMRA fiasco, and it sounds like money is the root of the motion to withdraw.
  3. charles

    charles The Transporter

    Good Googamoga! Two, count'em folks, two (2) attorneys on the line at the same time! What hath god wrought...seriously, gentlemen of the Bar, kindly
    tell me: what, under the laws regarding nonprofit corporations and or the AHRMA bylaws, gives authority to the director and/or the trustees to refuse to answer legitimate concerns of the members? Could the members, either by
    a representative party or by group action, retain counsel to obtain answers to legitimate questions? Last, for now, would a documented complaint to
    the appropriate state gov't authorities (in charge of corporations) bring about an official investigation?

    Didn't Charles Dickens write about a legendary lawsuit that went on for decades?:D
  4. Robin172

    Robin172 Well-Known Member

    "Bleak House"

    Sounds rather appropriate to this situation.
  5. sparksfarmer

    sparksfarmer Member

  6. Mongo

    Mongo Administrator

    No, however as both of the lawyers have said, the motion filed in almost all cases means that. Couple that with the known insurance issues and that is the most logical reason.
  7. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

  8. OldSwartout

    OldSwartout Well-Known Member

    Insurance issues

    I think that is an assumption, not a fact. The "insurance issues", at least the part about running out of coverage, have been posted by some of the same people that have been passing around the posting purported to be from Team Obsolete. That posting may be from someone that considers themselves to be from Team Obsolete, but obviously is not from Rob Iannucci, as seems to be the assumption. No self-respecting lawyer would write and post such drivel, especially one with as much to lose as Mr. Iannucci.

  9. Mongo

    Mongo Administrator

    The only lawyers I was referring to are the two posting in this thread that are actual lawyers. It is also a fact that AHRMA's one insurance company went under - justa s a number did after 9/11.

    The conclusion is one that has been reached by people much more knowledgeable than I with regard to lawsuits since that's what they do day in and day out. I'll defer to their educated guess until they are proven wrong.
  10. 83BSA

    83BSA Well-Known Member

    The motion filed by AHRMA's current-soon-to-be-former attorneys under seal in the ED NY action is styled motion to withdraw as counsel of record. It is coupled with a Rule Nisi (show cause) motion. When I questioned Dave Janiec at Barber, he confirmed before the collected masses that there was a motion pending by AHRMA's current-soon-to-be-former attorneys to withdraw. He simply woulkd not say anything about why they were seeking to withdraw, although he stated he knew why.

    Those are the facts. It is not speculation as to the fact that AHRMA's current-soon-to be-former attorneys want out. We simply don't know why. I think the membership is entitled to know why. "Trust us, we know what is best for the organization" rings a wee bit hollow after all these years and depletion of the organization's coffers, despite having made and had in the account several hundred thousand dollars earlier this year (see the "financial" statements published by AHRMA).
  11. charles

    charles The Transporter

    Wizened counsel knows, from instinct and from experience, why sealed motions to be dismissed as counsel are filed...now, there has been, obviously, enough speculation and rumor and FACTS posted on this thread, as well as on the latest Team Obsolete website, to arouse all but the dead members of AHRMA and any others concerned about the future of AHRMA and vintage racing. Perhaps the leaders of AHRMA would grace us with posting some responses of ther own. If the ship ain't sinkin', why man the lifeboats? On the other hand, post-Titanic, why wait when the ship tilts to starboard?

    I'm still of the notion that members of a nonprofit corporation have legal rights to fair and reasonable explanations and verifiable documentation of
    expenditures, legal matters, etc. I'll do my research about that issue and post the results. Is it too late for members, or the most conscientious of them, to obtain relief and set AHRMA on a proper course?
  12. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    In Which state is AHRMA registered as a not-for profit?
  13. bullockcm

    bullockcm Well-Known Member

    Rodger, no idea if it is accurate or not but I believe earlier in the thread someone said AHRMA is registered in Ohio.
  14. 83BSA

    83BSA Well-Known Member

  15. charles

    charles The Transporter

    AHRMA is registered in Ohio (the same for the AMA, right?)...the 'agent' in Ohio for AHRMA is listed in the AHRMA Bylaws (2003)...after a quick review
    of the Bylaws, and maybe I missed something, it would seem that there is no specific requirement to report such details to the members as everyone has been discussing, so I presume then we must look to the law and regulation for any such provisions as set forth by the state of Ohio, IRS regulations, and judicial interpretations in various cases involving nonprofit corporations.

    Best Regards,
  16. Shyster d'Oil

    Shyster d'Oil Gerard Frommage

    If the by-laws are silent I agree. I owe a few folks some research but as soon as I'm done with that stuff I'll take a look see into Ohio not-for-profit laws and decisions dealing with the duty of officers to respond to inquiries about business practices. It may be a week or so though. . .
  17. charles

    charles The Transporter

    Many thanks on behalf of all vintage racers and enthusiasts, Rodger...there is
    an "operations manual" mentioned in the AHRMA by-laws, but this may have no bearing upon any lawful/regulatory duties to inform members of whatever
    is transpiring...

    Igitur qui desiderat pacem, praeparet bellum.
    - Vegetius
  18. hinshaw929

    hinshaw929 Well-Known Member

    If Ohio law is similar to Georgia law concerning corporate formation then the document that could answer a lot of these questions are the Articles of Incorporation. It defines the basic structure of the corporation as well as the responsibilities and powers of the Board of Trustees and Officers.

    It normally sets the term and method of election for the members of the Board of Trustees. This would probably be the best way to effect change. The membership can mount a campaign to elect a new slate of Trustees who can then make the changes needed to fix the current problems. In many non-profits there is a method defined to call for a special election of trustees.

    Is that document a public record in Ohio ?
  19. sparksfarmer

    sparksfarmer Member

    When will Rob post the proof?

    Hi All,

    I'm waiting for Mr. Iannucci to actually post all his information on his Team Obsolete website. As someone pointed out, the posting that is attributed to him is not signed and could be from anyone. If he feels so strongly that AHRMA has been dealing below board, I invite him to post that letter with his signature on it! :up: That way he is actually liable for it. With the T.O. tag on it, it could have come from anyone...

    I also invite him to post the copy of the letter which Stu talked about. If it is real, then he can provide proof of it's existence.
    Also, he can post all the legal correspondences he has had in an effort to stop these lawsuits...
    If he actually has proposed a settlement, lets see it...
    It is often the lawyer who speaks for the client, because if the lawyer lies or states something that is not exactly correct, he can always say that is what he thought is correct...
    Mr. I was an attorney in NY and he can come out on his website at any time and tell us the truth. Hell, he can record a video statement and post all the legal papers his lawyers have generated...

    So far, all I've seen is an unsigned letter that was posted to an un-official website...
    Lets see it with his signature on it so we know it was really from him.:up:


  20. krypton7

    krypton7 Well-Known Member

    Benevolent Fund & AHRMA. What happens if.......

    Just wondering about AHRMA and the Benevolent Fund. Assuming that the rumors about AHRMA using up all it's assets on the lawsuits, did the organization have access to the fund to use or 'borrow' from? (I believe this fund is valued in six figure numer.) If they did utilize the fund would this have been legal? Also, if AHRMA declared bankrupsy, what would happen to this fund? Is is an asset of AHRMA? Is there a charter or something to guide it's use? Finally and most importantly, how do I get my hands on it just to supliment my racing? Stu Carter
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