Animal People Review

VIA E-MAIL:

TO: james.anthony@oag.state.tx.us
Robert.M.Gibbens@usda.gov
CC: christopher.krhovjak@oag.state.tx.us

June 6, 2010

Please accept this letter as an addendum to the original complaint letter previously submitted to your Office. The information contained herein pertains to my original complaint regarding alleged misrepresentation perpetrated by the non-profit 501 (c) (3) tax exempt organization’s owners/operators of the Animal Sanctuary of the United States, d/b/a Wild Animal Orphanage (WAO); f/k/a the Primate Sanctuary of the U.S. (PSUS), f/k/a the National Sanctuary for Retired Research Primates (NSRRP), f/k/a The San Antonio Wildlife Emergency Centre, f/k/a Primate Sanctuary of America (PSA); f/k/a Chimp Aid; f/k/a Cat Haven; and f/k/a Feral Cat Rehabilitation Center and Whisker’s and Wag’s Humane Society.

Not only did the SA Current wrote a WAO follow-up article, http://www.sacurrent.com/blog/queblog.asp?perm=70374, Animal People Magazine wrote a follow-up story on the WAO situation as well.

A copy of the story can be found at: http://www.animalpeoplenews.org/current.html, page 13, titled “Money crunch brings another leadership change at Wild Animal Orphanage.”

In this article, Sumner Matthes, then WAO Board Director admits he conspired with Michelle Cryer, current WAO Board Director, several days in advance, to terminate Nicole Garcia’s employment as CEO and Board Director for the WAO, presumable on false information, without going through the correct board procedural of putting Nicole Garcia’s pending termination from both positions on the agenda (see BOD minutes 042710 (use Word to open) and ASUS Board Meeting Minutes - 043010) . I believe this action was done in secret to prevent Nicole Garcia from presenting evidence that would have exonerated her from any wrong doings. What is really interesting is that Nicole Garcias was not even included in the April 27, 2010 board meeting minutes, and the same agenda was used for April 30, 2010.

ANIMAL PEOPLE learned on April 26, 2010 [emphasis added] that Wild Animal Orphanage board members had begun seeking a replacement for Garcia. “On April 30, 2010 Garcia was terminated,” 13-year Wild Animal Orphanage board member Sumner Matthes said.” Animal People

Sumner Matthes was told, presumably by Michelle Cryer, that Nicole Garcia opened a “secret bank account” without the rest of the board’s approval (at that time it would have been Will West (President), Michelle Cryer and Sumner Matthes). The “secret bank account” Mr. Matthes referenced was apparently the Bank of America account opened in March 2010.

“We learned that the board was not truthfully informed about numerous important issues,” Matthes explained, alleging that Garcia had “opened a secret bank account,” and had “not advised the board that Wild Animal Orphanage was broke.” Animal People

Sumner Matthes confronted Will West about this so-called “secret bank account” on April 29, 2010 by email. (Attached) Will West sent Nicole Garcia a separate copy of the email with a copy of the Corporate Resolution attached, signed by Michelle Cryer on March 19, 2010, which was used to open the Bank of America account. Sumner and Michelle were indeed aware of the WAO’s finances as they were updated by Will West (he was the President of the Board at the time) whenever they inquired on the status of the WAO’s finances. Will West provided this information to the other board members as Nicole Garcia was not granted direct access to the WAO’s bank account. The board denied her access last year because they did not want anyone to accuse the board of allowing another “Asvestas” into the bank accounts again. Since Michelle Cryer lived 1.3 miles away from the WAO, she had the opportunity at any time to sit down with Will West and discuss the WAO finances. To the best of my knowledge, Michelle Cryer never attempted to review the WAO’s books.

The article continues to discuss Jamie Cryer’s work history:

Jamie Cryer, 41, has started and sold three businesses, Sumner Matthes told ANIMAL PEOPLE, and “says he does not have to work for compensation.” “I have worked for Wild Animal Orphanage since Hurricane Katrina,” Jamie Cryer told ANIMAL PEOPLE, “during which time I spent months in and around Louisiana rescuing all kinds of animals and transporting them to the Best Friends temporary shelter in Mississippi. I still transport dogs and cats from Mississippi to no kill shelters in New York, New Jersey, Florida, Arizona and California. I have also done rescues with the International Fund for Animal Welfare and Big Cat Rescue,” a sanctuary in southern Florida. Animal People

It is true, Jamie Cryer worked for the WAO as its animal transporter from 2005-2009. It is my understanding he operated a commercial vehicle without a commercial license during that period. Mr. Cryer also failed to maintain a proper log of his transportation activities while working as an agent for the WAO. As a result of his negligence, the WAO was charged with five violations of 49 CFR 395.8(a) – Failing to require driver to make a record of duty status, and fined $3,550 to be paid in full no later than July 3, 2010. I pray the Cryers are making regular payments to the DOT else (http://www.rexano.org/WAO/US_DOT_WAO_Settlement_2009.pdf):

I am concerned Mr. Cryer, WAO’s “Animal Rescue Manager,” with the help of Mike Dereadt, WAO’s “Animal Rescue Team” member, may attempt to use WAO animal transport vehicles once again to transport animals for the Humane Society of the United States and for the South Mississippi Humane Society.

The Animal People article concluded with:

Sumner and Elise Matthes resigned from the Wild Animal Orphanage board on May 12, 2010, requesting repayment of a personal loan to the sanctuary of $2,000, made on May 4. “Two weeks ago there was $400 in the bank,” Elise Matthes said, “but thanks to that plea we sent out, $13,000 came in. So, there is a little money to pay animal caregivers and purchase animal food. I haven’t a clue what the future will bring.” Animal People

I believe the Cryers misled the Matthes on the ‘success’ of their May 2, 2010 “emergency appeal,” for two donors committed to send the WAO funds arranged by Nicole Garcia before April 30, 2010 ($1k PayPal donation and $4k check written prior to May 1, 2010 and received during that first week) and several individuals donated funds in response to the newsletter appeal mailed to potential donors approximately one week prior to Ms. Garcia’s termination. I also believe several donations may have come in as a result of the hundreds of newsletters hand-delivered to residences and business in the local area.

It is my understanding, the WAO continues to scrap metal in order to pay the workers’ monthly salary and for the animals feed. I am concerned the WAO management may not have paid the monthly mortgage bill for Talley Road properties. If the WAO does not make these monthly payments, the land may be forfeited back to the original owners and then resold to an interested party. I am concerned that if Carol Asvestas is able to raise the funds with her new “venture,” she may be in the position of buying the Talley Road property out from under the WAO! While this may seem preposterous at this point in time, I can honestly say this action would not surprise me in the least if it did happen.

Meanwhile, I am waiting for the Sheriff’s Office reports regarding the alleged break-ins at Nicole Garcia’s current residence located at Talley Road. As you may recall, Nicole Garcia lives on the Talley Road property and is in the process of moving into an apartment. She did not receive a legal notice from the WAO requesting she vacate the property (such as the one given to Mike Dereadt and Terry Minchew regarding their rental agreements at the Talley Road property). The only noticed Nicole Garcia received was a noticed tacked to her front door and front gate stating she had approximately four days to leave the property or she would be reported to the authorities as a trespasser. When the Cryers attempt to have to her removed on May 31, 2010, the Bexar County Sheriff Deputy whom responded to the call, informed Michelle Cryer she failed to provide Nicole Garcia with a lawful lease termination notice and therefore the officer was unable to escort Nicole Garcia from the property.

The next day, Nicole Garcia’s mobile home’s front door was kicked in and her alarm system tampered while she was away from her residence. Her front door was kicked-in again last week while Nicole Garcia was at work and the Bexar County Sheriff’s Office responded once more to her home alarm. I will send your office a copy of the Sheriff’s Office reports as they come available.

Recent events at the Leslie and Talley Road properties have me greatly concerned for the future of the WAO. The article referenced an upcoming inspection by the USDA/APHIS team, no doubt to check on the progress of the work accomplished as a result of the Inspection Report dated May 5, 2010. I am concerned with the lack of staff at the WAO, enclosure maintenance and animal care may have significantly declined.

I pray your Offices are doing more than just monitoring the situation as mentioned in the article. If you require additional information, please do not hesitate to contact me.