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Friday, June 8, 2012

More Fraudulent Use WAO Charitable Contributions?

I imagine the TX OAG was not happy to hear from me again...

From: Kristina Brunner
To: hal.morris@texasattorneygeneral.gov; james.anthony@texasattorneygeneral.gov
Cc: Christopher Krhovjak
Sent: Fri, June 8, 2012 2:25:19 PM
Subject: Addendum to ASUS/WAO et al Case

To: Hal Morris
James Anthony

CC: Christopher Krhovjak

June 8, 2012

Dear Sirs:

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, misappropriation of funds, and alleged violations of the Animal Welfare Act perpetrated by the non-profit 501 (c) (3) tax exempt organization's owners/operators and Board of Directors 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.

For many months now I have been elevating my concerns regarding the exorbitant amount of money spent on fuel for the WAO's truck(s) to your Office and to the Texas Western District Bankruptcy Court (by way of your Office), in the hopes that this Office would take action to protect WAO public charitable donations from illegal use by the Cryers.

I could not figure out why Jamie Cryer spent thousands of dollars on fuel, new tires, new brakes, expensive truck repairs during peak animal rescue months, especially since he was not the responsible party to transport WAO animals to their new homes as a result of a 2009 DOT settlement agreement made against the WAO for Jamie Cryer's illegal transportation of animals across state-lines. Then I saw the April 2012 WAO Small Business Monthly Operating reports and I realized Jamie Cryer may be conducting intra- and interstate commerce using WAO vehicles, equipment, and funds for his personal gain.

As I reviewed April 2012's expenditures, I noticed that the WAO spent approximately $1,113.36 in diesel fuel for the WAO truck(s). I also noticed a WAO truck received new brakes, new parts, and the WAO's trailer also received new parts--all items needed if Jamie Cryer planned on making significant driving trips. Once again, Jamie Cryer withdrew funds in April for "petty cash" and I found a few unusual expenses on the operations report, such as (1) a purchase made from Speedshop, store #2, which is located in Bloomington Texas, for "fuel for Talley/Fuel Additive, (2) "Affordable Travel?" for "trailer parts". When I looked up "Affordable Travel" on the Internet, the business appears to be a travel agency and not a trailer parts store and (3) a purchase made at Walmart for "cat toys for rescue cats." Why is the WAO buying "cat toys for rescue cats" unless they are either rescuing cats under the WAO name (instead of a reputable domestic cat shelter) or they are transporting rescued cats using WAO funds and vehicles? This ties in with the an ATM withdrawal of $500 from the WAO account to pay for “rescue horses" in January 2012. Did Cryer use WAO assets and funds to transport horses to a personal owner or sanctuary and did he financially gain from this transaction?

Follow-up on a hunch, I went through past operating expense reports and noticed a disturbing trend. During peak "rescue" travel months which normally runs from spring to late Fall, the WAO purchased an usual amount of fuel and had an unusual amount of ATM withdraws for cash, allegedly made by Jamie Cryer, without explanations.

Month/Year            Truck Fuel       ATM W/D             Vehicle/Trailer Maint
November 2010          $439.50                                               $80.50
December 2010           $794.54           $184.25          
January 2011               $524.75                                               $211.63
February 2011             $569.10                                               $923.41
March 2011                 $378.03                                               $15.00
April 2011                    $512.00           $200.00                       $1,713.27
May 2011                     $575.14           $20.00 $13.00
June 2011                     $556.50           $1,040.00       
July 2011                      $710.02           $420.00                       $1,705.40
August 2011                $779.23           $500.00                       $440.00
September 2011          $745.20                                                $3,237.25
October 2011              $513.04                      
November 2011          $589.60                                                $244.27
December 2011           $493.34                      
January 2012               $677.81           $1,140.00       
February 2012             $485.00                                              $106.54
March 2012                  $752.02                                             $413.87
April 2012                     $1,113.36        $200.00                     $365.86

These are estimated total amounts as there were several "missing receipts", "missing entries", and "missing explanations." Some of the missing information was not included in the above calculations if there was doubt the expense was not for truck fuel. Therefore the total amounts may be significantly higher. Also, I did not include small gas purchases made in the above calculations (less than $20).

The majority of truck gas purchases were made in $75, $90, and $100 increments. So when I saw a purchase made in San Marcos at the Sac n Pac for $75, I wondered if this was a gas purchase instead of an  expense for "supplies for Talley." [see February 2012 WAO Operations Report]. Seriously, supplies for Talley Road couldn't be purchased at the gas station closest to the Talley Road property? You will also note that gas is purchased from various gas stations in San Antonio [same with Walmart--purchases made at various store locations] and not from the store closest to Talley Road.

WAO Transportation History

From 2005-2008, Jamie Cryer was paid by the WAO as an employee "animal transporter driver," using the WAO truck and "Humane Train" trailer to conduct intra- and interstate commerce. I originally brought this to your attention via email on July 30, 2009.

As a result of this illegal transportation activity, the WAO was fined by the Department of Transportation in 2009. I also provided your Office with the documentation pertaining to the charges and the settlement agreement reached by DOT and WAO.

Jamie Cryer made his intentions clear that he intended to resume his animal transportation business, using WAO assets, to Nicole Garcia when she first took over the position as CEO and President of the WAO. Ms. Garcia made it very clear that he would no longer be able to conduct his "side business" as he was not a qualified driver due to his serious back condition and other disqualifying factors.

From: SMatthes@...
Subject: Name and Address
To: michelleanthonycryer@...
Cc: waonicole@...
Date: Wednesday, November 4, 2009, 7:47 PM

Michelle: Would you be so kind as to provide me with the name and address of the person that Jamie and Henry went to when they picked up donations a week or so ago??
Nicole needs this for a thank you and to possibly obtain future donations.

Thanks,
Sumner

In a message dated 11/4/2009 9:43:59 PM Eastern Standard Time, michelleanthonycryer@yahoo.com writes:
her information was left in the ford truck with the tommy lift on the back i have her address in my gps unit i will send it as soon as i get back from the Mississippi dog trip. Jamie

--- On Wed, 11/4/09, SMatthes@... wrote:

From: SMatthes@...
Subject: Re: Name and Address
To: michelleanthonycryer@...
Cc: karenmaxfield@..., W.westcpa@..., waonicole@...
Date: Wednesday, November 4, 2009, 9:14 PM

Jamie: I don't understand this. What is this Mississippi dog trip?? Does it have anything to do with the WAO? I know you picked up animals before from Mississippi for the WAO, but I'm not aware of any WAO authority to make this trip. If this is a private thing between you and Mississippi Humane Society I have no problem. If the WAO is involved in this in any way, including the use of WAO vehicles, credit cards etc. then I will assure you that you will not use any of WAO equipment and I will advise the Mississippi Humane Society that you do not represent the WAO and we are not involved in this or any further transactions between you and the Mississippi Humane Society. Two Quick question? If you are picking up dogs where are you taking them? Do you have all the DOT documents required for this type of trip?
I'd really appreciate an email reply on this so that we all know what this is all about. If this is a private transaction then I'm sorry that I possibly have misunderstood it.

Sumner

Date: Wed, 4 Nov 2009 19:50:42 -0800
From: michelleanthonycryer@...
Subject: Re: Name and Address
To: SMatthes@...

ifaw and carol at big cat rescue and animal planet wanted me to continue doing their rescues so they set me up with my own equipment after Nicole said wao wouldn't be doing rescues any more i took them up on their offer, they have been informed that i no longer have anything to do with wao, as far as txdot is concerned as Will West put it, its all in how you word the contract and my attorney has worded it well, just has wao could have done, i don't work for wao so its nothing for you or Nicole to worry about thanks for your concern. i cant let these dogs be put to sleep when there places to take them to to get adopted as i said before ifaw has worked with me several times in the past along with carol and scott at big cat rescue and they asked me personally to do this, wao had its chance and declined so i will be more than happy to do this for them, same as i offerd to wao

Note: He said "equipment" -- not "truck."

After Ms. Cryer ousted Ms. Garcia off the WAO board and fired her from her position as WAO President, she and her husband planned on continuing the lucrative animal transportation business. This was made public on the WAO website.

From: Kristina Brunner
To: Chris Krhovjak
Sent: Fri, May 28, 2010 1:57:40 PM
Subject: Fw: Re: Fw: Addendum - Wild Animal Orphanage - May 26, 2010 (additional information)

Greetings Chris:

After reviewing the WAO's "key staff" web page, I noticed that Jamie is not only the WAO's "director" but he is also listed as the "Animal Rescue Team Manager" and Mike Dereadt is listed as "Animal Care Technician, Animal Rescue Team."

I believe Jamie Cryer may be transporting animals across state-lines using WAO vehicles once again. The WAO is still making payments on the DOT fines levied against the WAO for Jamie's animal transportation activities last year.

Regards,

Kristina


When Carol Asvestas was in charge of the WAO, she would provide Jamie Cryer with petty cash so he could pay out-of pocket-expenses, such as motel, food, or toll fees, without using the WAO's check-card. I believe he is continuing this "tradition" by making ATM withdrawals prior to any out-of-town trips.

In a normal month, a sanctuary normally spends anywhere from $100-$150 per month for vehicle fuel (barring animal rescues and construction projects). Any amount spent on vehicle fuel greater than $150 should be suspect—is the vehicle being used as personal transportation for directors or employees, intra- and interstate commerce, or both?

I also question the expensive truck repair work done on the WAO’s truck. For instance, why did the WAO truck require repair in Walpole, Massachusetts, in the amount of $803.50 on 2.4.11? What was the truck doing in Massachusetts? Animal hauling? How about $1,450.221 in truck repairs at the MD Automotive on 4.4.11? And why was the WAO requiring front end repairs on its truck in the amount of $3,088.55 on 9.14.11? Was this repair due to a collision, in which case the covered auto repairs should have been paid by  WAO’s auto insurance policy and not by the WAO? Or was this repair payment made because Jamie Cryer hauled loads greater than the truck could handle, thereby damaging the vehicle’s front end (as explained to me by an auto mechanic)?

If the Cryers are illegally hauling animals using WAO assets for personal gain, I believe they should be investigated and prosecuted for misappropriating WAO funds and assets. Please conduct a thorough investigation into this allegation and share your findings with the Texas Western Bankruptcy Court. Any charitable donations misappropriated should be recovered and sent to sanctuaries that have taken in WAO animals currently undergoing treatment for serious health issues.

Please do not sweep these allegation "under the rug" just so you can close the WAO case--there may be no justice for the animals that died at the WAO from 2006 to present, but at least your Office can help those WAO animals currently undergoing serious medical treatments by recovering any stolen WAO charitable donations and sending those recovered dollars to sanctuaries caring for the WAO animals in need. Thank you for your attention to this most serious matter.

Sincerely,

Kristina Brunner

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