Posted by: ANA Whistleblower August 17, 2011
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Dear ANA past and present officers, Members, Candidates and All ANA Well-wishers,
Namskar, and let me get right to the point. I apologize in advance for having to put up with such a long and detail press release.
A. About the lawsuit brought by Pralhad KC and company
As I understood from the ANA attorney until the ongoing court case results in resolution the currant situation in ANA stands as following.
1. The 3 major issues in this case pertains following:
a. Plaintiff claims and appeal to the court to award them as the next elected officers of the ANA. The court has not acted on it.
b. Plaintiff claims and appeal to the court to stop the ongoing election for the new Executive officers of ANA. The court has put a temporary injunction from holding this election.
c. Claims and appeal to the court to stop the transfer of the real property in Lanham, Maryland to Nepal Educational and Cultural Center (NECC). From the information presented to the ANA attorney, the transfer of real property as a gift occurred to NECC on July 3rd, 2011 and was recorded on July 28th, 2011 prior to the lawsuit.
2. The court has decided to appoint an independent court trustee. We shall welcome the courts decision. The court appointed Trustee shall over see daily activities and affairs of the ANA. Everything will run through the trustee concerning the operations of the ANA.
3. All Existing ANA Board of Trustee, Interim Officers, Election Committee and Members and ANA members remain as it is, but they will not have any authority over the court appointed Trustee or the decision making unless or otherwise instructed by the court appointed trustee.
4. The Interim President through the ANA attorney may present to the court appointed Trustee what the day to day, week to week operations of ANA are and have the trustee act on it independently.
5. The court has ordered ANA from holding election for now. The order did not stop the existence of election committee consisting of Dr. Sudeep Shrestha, Mr. Hira Sharma and Ms. Shardha Khati as committee members. The ANA members and the candidate remain as it is.
B. About Office of Attorney General of the District of Colombia
1. The office of attorney general of District of Colombia stated that the records “Association of Nepalis in Americas” (ANA) corporate registration was revoked in 2002. The office of attorney general of District of Colombia stated that once the corporation is deemed to have been dissolved without further legal proceedings and each such corporation shall cease to carry on its business,” pay its obligations, and distribute its remaining assets.
2. The office of attorney general of District of Colombia stated that a separate “Association of Nepalis in the America Inc.” (“America” not “Americas”) was registered in the state of Maryland on May 25, 2011. Public record shows that Mr. Krishna Nirola was listed as resident agent and sole director of “Association of Nepalis in the America Inc.” (“America” not “Americas”) till new officers are elected. The intent to register a separate “Association of Nepalis in the America Inc.” (“America” not “Americas”) on 5-28-2011 in state of Maryland is unknown.
3. The office of attorney general of District of Colombia stated that weather ANA had legal status after 2002, whether the Association held any charitable assets in 2002 that need to be accounted for, whether the Association has taken any actions it was not authorized to take, in view of the fact that its corporate status was revoked by the District of Columbia nearly nine years ago. Properties of NECC were wholly a part of ANA prior to 2002, and Plaintiff claims and appeal to the court to stop the transfer of the ANA property in Lanham, Maryland to Nepal Educational and Cultural Center (NECC) has complicated and put Nepal Education Culture Center Inc’s existence, affairs, operation and management in legal jeopardy.
C. What’s next on the legal calendar?
1. Motions to dismiss the case on procedural ground are already filled by ANA attorney with the court. We need to respectfully wait for the court to decide on this motion.
2. Motions to dismiss the claims may be filed on factual ground if necessary at the right time. The ANA attorney shall advise and act at the right time if and when necessary.
3. Several lawsuits may be filled at the appropriate time against a dozen culprits. The plaintiff’s lawsuit is misguided and waste of resources and productivities of ANA. The ANA attorney shall advise and act at the right time if and when necessary.
4. ANA attorney shall work with the office of Attorney General to reinstitute the institutional integrity of Association of Nepalis in Americas known to all of us as ANA.
5. The ANA attorney shall advise and act with or without the office of Attorney General to discover, demand and or account for all ANA legal, financial and other documents including but not limited to bank accounts, meeting minutes and ANA Nepal Education Culture Center properties, financial and other affairs since 1983 till present.
If you have any further concerns and questions on above matters please feel free to contact the Attorney representing ANA at dakindeko@abpfirm.com
If you have any further concerns and questions on above matters please feel free to contact the Attorney representing ANA at dakindeko@abpfirm.com
D. Past ANA Officers & failure to fulfill their fiduciary duties as Officers
Past-Presidents, General Secretaries and Treasurers who failed to fulfill their fiduciary duties to oversee, record and log organization’s meeting minutes and financial records have no moral grounds to question and challenge other’s actions.
Past-Presidents General Secretaries and Treasurers who failed to fulfill their fiduciary duties to oversee record and log ANA Convention profit and loss since 1983 have no moral grounds to question and challenge any other ANA convention’s financial records including Boston Convention.
Past-Presidents General Secretaries and Treasurers who failed to fulfill their fiduciary duties to comply with simple government administrative laws have no moral grounds to talk-big about ANA bylaws.
NECC and its assets are at risk due to court case initiated by 5 otherwise good Nepali folks with bed intentions. If NECC is demised, 29 years of ANA’s efforts and existence is fruitless. Thus, it is everybody’s primary responsibility to preserve and protect the integrity of such wonderful community project. In the event, should NECC’s institutional integrity and existence is compromised these 5 individuals and three of their core supporters are directly responsible for their unwarranted and idiotic actions.
Meanwhile, I urge those responsible past ANA leaders to explain the ANA members to why ANA’s registration revocation on September 9, 2002 was kept secret and/or the ANA members were unaware of such for almost 9 years. I would also like to urge all the past Presidents, General Secretary and Treasures since 1983 to currant to account for meeting minutes log book, banking, accounting and book keeping records, and membership records in all categories with specially whom and when life-membership were awarded, and what bank account contribution received as life-membership fees of $500.00 per life-member as required by the bylaws were deposited.
As of this moment all above ANA records, logs, bank accounts are no where to be found. There is no need to keep any of the above documents secret unless serious unlawful activities occurred in the association. The only motive for such concealment of public information may be to cover-up unlawful activities and misuse of public contributions for private benefits.
E. Let’s share responsibility in solidarity and unity to save ANA and NECC.
It is sad that the entire ANA members and Nepali community in the Americas were kept secret and/or unaware of ANA’s registration being revoked in 2002 until the Attorney General notified on 8-05-2011. At the same time it is encouraging that by full-feeling legal requirements and in solidarity we may once again be able to reinstate the institutional integrity of ANA.
Thus, I urge all to put aside individual egos and group politics aside for once in ANA. And, let us all put our time, resources and intelligence to how once for ever we can in solidarity build Association of Nepalis in Americas truly a Nepalis community non-profit organization in the Americas where all have equal say, and all share responsibility equally without presuming self and/or limited authority and denying equally lawful privileges to others.
Further, I urge and appeal Mr. Pralhad KC, Mr. Roger Adhikari, Radha Basnet, Mr. Gambhir Shrestha and Mr. Tulshi Joshi to join with the entire Nepali community members in the Americas, and be elected respectfully and honorably like a true leader in a fair and lawful, a conspiracy-free and fraud-free and a discrimination-free and bias-free election. Being a leader to volunteer in a non-profit community organization should not have to be only about the politics of winning, and there is no shame being a defeated leader when his/her true desire to win support from people is exclusively for a sincere social leadership service.
I appeal to Mr. Shambhu Dhungana to please do the right thing for the sake of preserving ANA by not fueling the minds of Mr. Pralhad KC and company. To the honorable Kunjar Sharma, your role as an honorary CG of Nepal does not fit right to your responsibility mingling in pity ANA politics to preserve power to few elite families.
It is my belief that any non-profit Nepalis community organization including but not limited to ANA to us is like a Nepali Topi (Hat). Thus, in a Nepali tradition we do not make a Nepali Topi, a Thangna (rag) no matter how useless, how old, how dislikeable, how small or big and fit or unfit the Nepali Topi (hat) might be. We preserve them with pride and respect as part of our historical identity and love for Nepal and Nepaliness. That has been and should continue to be the Nepali culture and ANA’s future.
F. Finally,
Some of you ask me following questions and my personal candid opinion is following.
1. When will the election be held?
Answer:
a) The moment the people who brought this lawsuit withdraws their claims and the Association of Nepalis in Americas registration is reinstated.
b) No one has definite answer till the ongoing court case is over, and when the revoked registration may be successfully reinstated.
a) The moment the people who brought this lawsuit withdraws their claims and the Association of Nepalis in Americas registration is reinstated.
b) No one has definite answer till the ongoing court case is over, and when the revoked registration may be successfully reinstated.
Answer:
a) this and all other ANA funds/assets remain on hold till the ongoing court case is over and the Association of Nepalis in Americas registration is reinstated.
Thank you for your patients, support, understanding and solidarity.
Tsewang Sherpalama, NY.
August 17, 2011
Disclaimer: The views and statements expressed here are strictly personal statement and opinion of I Tsewang Sherpalama as individual and/or member of ANA. While the statements of legal nature are made here are verified from the ANA attorney, my views expressed here does not represent as an officer of ANA in any capacities either as Chairman ITFANA or Interim President and/or Secretary General of the ANA Board of Trustee.