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Wednesday, March 12, 2014

What Are They Hiding From The Public?

Well, another chapter of the WAO case closed yesterday. It is somewhat a bitter sweet moment as I cannot help but remember the wonderful animals that used to live at the WAO and all the great people I met during the course of this case. So many lives were lost, human and animal, plus so much money was misappropriated that could have gone towards the WAO facilities and animal care. The WAO could have been a great wild animal sanctuary if only the donated contributions were spent on the animals and not on undeserving people who used the funds for their own personal gain. Such a waste. Such a very sad case.


I am also very sad that the TX OAG failed to prosecute the Asvestas and Cryers for misappropriation of funds and property, etc. The Western District Bankruptcy Court and the TX OAG failed to acquire the missing monthly operating reports and clarify all the unusual "expenditures" made by the Cryers during the bankruptcy phase of the investigation. Monies that should have gone to the creditors went to the Cryers instead. Just not right.

Truly there was no justice for Texas donors nor was there any justice for the WAO animals.



Filing Date#Docket Text
03/20/2014 Bankruptcy Case Closed (Paez, Daniel)

Now that the bankruptcy case is over, I sent a quick email to the TX OAG's office to see when they will wrap up their "investigation" into the WAO. I have to admit, I was rather stung by the reply to my email...

From: Kristina Brunner
Sent: Wednesday, March 12, 2014 9:01 AM
To: Krhovjak, Christopher
Subject: WAO Case

Greetings Chris:

Could you let me know when the TX OAG plans on closing the WAO case, please?

Many thanks –

Regards, Kris

From: "Krhovjak, Christopher"
To: Kristina Brunner
Sent: Wednesday, March 12, 2014 4:09 PM
Subject: RE: WAO Case

Ms. Brunner:

Sorry, due to agency policy, and I cannot comment.

Chris Krhovjak,
Investigator
Office of the Attorney General
Financial Litigation, Tax, and Charitable Trusts


I sent a follow-up email asking how would I know if and when the TX OAG closed the WAO case--would I receive a notification letter?

From: Kristina Brunner
To: Chris Krhovjak
Sent: Monday, March 17, 2014 9:11 AM
Subject: Fw: WAO Case

Greetings Mr. Krhovajak –

May I ask how I can find out when the case closes then? Will I be receiving a letter in the mail when the case officially closes?

Regards,

Kristina

I'm currently waiting for a reply...

Later: Got a reply, but as usual, the Texas OAG is being VERY evasive...

From: "Staricka, Susan
"To: "kbrunner"
Cc: "Krhovjak, Christopher"
Sent: Tuesday, March 18, 2014 5:03 PM
Subject: ASUS d/b/a WAO inquiry

Dear Ms. Brunner,

Chris Krhovjak has forwarded your inquiry regarding the status of the Office of the Attorney General’s review of the WAO matter to me.

As you have been advised, the OAG has a long standing policy that we do not comment on cases/reviews/investigations. Please be advised, however, that on 3/11/14, the U.S. Bankruptcy Court for the Western District of Texas, San Antonio Division (Case No. 10-54400-CAG), issued its Final Decree, and the Secretary of State issued a Certificate of Involuntary Termination for Animal Sanctuary of the United States on 9/20/13. These are public records and available from the clerk of the court and the Secretary of State. We hope you find this information helpful.

Sincerely,

Susan K. Staricka
Senior Attorney, Charitable Trusts
Financial Litigation, Tax and Charitable Trusts Division
Texas Office of the Attorney General
P.O. Box 12548
Austin, TX 78711-2548
512.475.4665 (direct line)
512.477-2348 (facsimile)

Wow! She couldn't bother to answer a "policy" question? How ridiculous! How is the original complainant supposed to know when the case is over? Do I have to send weekly requests to the Texas OAG Public Relations Department to find out if the case is still active? Again, ridiculous!
Hoping that the Texas OAG Public Relations Department might be more forthcoming, I directed the following question to this division:
From: Kristina Brunner
Sent: Friday, April 04, 2014 11:02 AM
To: publicrecords
Subject: Re: Public Information Act - ASUS, dba WAO, et al (Charitable Trust, Bankruptcy Division, and any other Division within the Texas OAG)

Dear Mr. Burkhart,

Thank you for the public records.

Also, I am interested in knowing who contacts the complaintant when a TX OAG case finally closes; will that be your department or another department responsible for the notification? Regards, Kristina BrunnerWell look at that...a quick response...


From: publicrecords <publicrecords@texasattorneygeneral.gov>
To: 'Kristina Brunner'
Sent: Friday, April 4, 2014 11:08 AM
Subject: Public Information Request No. 14-38499

April 4, 2014

Kristina Brunner
VIA E-MAIL ONLY
RE: Public Information Request No. 14-38499

Dear Ms. Brunner: If a complainant is contacted, it would not be through this office.

Sincerely,
June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division


Well, that's clear as mud...let's try the question again...

From: Kristina Brunner
Sent: Friday, April 04, 2014 11:17 AM
To: publicrecords
Subject: Re: Public Information Request No. 14-38499


Dear June B. Harden:

Could you please provide me the name of the office that would make the contact?
Regards,


From: publicrecords
To: 'Kristina Brunner'
Sent: Friday, April 4, 2014 2:04 PM
Subject: RE: Public Information Request No. 14-38499

April 4, 2014

Kristina Brunner
kbrunner
VIA E-MAIL ONLY

RE: Public Information Request No. 14-38499
Dear Ms. Brunner:

There is no attorney-client relationship between complainants and the Office of the Attorney General. Therefore, there is no obligation for anyone in this agency to contact complainants when a case is resolved.

Sincerely,

June B. Harden
Assistant Attorney General
Assistant Public Information Coordinator
General Counsel Division
---------------------------------------------------------------------------------------------------------------------------------------------

Wow! This email says it all, doesn't it? It appears the Texas OAG does not plan to ever share with me when the WAO case closes--EVER!
Why? It's probably because they know that once the case closes, there is no reason why the OAG must keep the certain records private. Right now there are a lot of records kept "private" because, I was told at the time, the Texas OAG may pursue criminal charges against the WAO.
Since that we now know that will NEVER happen, the Texas OAG doesn't want me to see these certain communications because they may not paint the OAG in a good light--records that may be very embarrassing for the Texas OAG. Let's not forget that this is an election year for the Texas Attorney General position and if this case was made public before elections, it may cause voters wonder what the Texas OAG's Charitable Trust Division is really up to, because clearly it is not to protect consumers!
In any case, the information below is from the Texas OAG.  I requested material dating back to November 1, 2013 thru March 26, 2014 as I've learned from experience that I don't always receive files files from this Office the first go-round.  I have to ask for documents pertaining to the WAO case with over-lapping dates else I will not receive all the records requested.  Sad but true.  In any case, there is very little material from this batch of open records.  I would have thought there would have been a flood of documents seeing how the WAO's bankruptcy case closed during this period.

Weird.  Very weird. 


Later:
Well this is an interesting turn of events -- I received a follow up email pertaining to my request as to whom will contact me to let me know when the case finally ends:
From: "Staricka, Susan"
To: Kristina Brunner
Sent: Wednesday, April 9, 2014 3:21 PM
Subject: RE: ASUS d/b/a WAO inquiry

  
Dear Ms. Brunner,
This office’s policy of not commenting on cases/reviews/investigations is applicable in all cases, including those which might be considered simple and reasonable. I do understand your frustration and the reason for your inquiry and have considered how I might be of assistance. I suggest that you wait approximately 45-60 days and make your request under the Public Information Act. It is my reasonable belief that the case may be closed at that time.
Susan K. Staricka
Senior Attorney, Charitable Trusts
Financial Litigation, Tax and Charitable Trusts Division
Texas Office of the Attorney General
P.O. Box 12548
Austin, TX 78711-2548
512.475.4665 (direct line)
512.477-2348 (facsimile)
I wonder why she decided to contact me after all this time has passed?  And 45-60 more days?  I guess that should be enough time for the OAG to purge their files of any incriminating emails/letters they don't want me to see, I imagine.
I'll probably go through my Congressman regarding this issue so I don't have to deal with the TX OAG's public relations section again in about 30 days or so.  That should be more than enough time for the Texas OAG to close this case--especially since NO ONE is prosecuting the former WAO board of directors.  Just another sad chapter in the WAO case finally closing for good.

Much much later:

Well, I finally received a response from the Open Records request.
 



Shocking!  One AG Office gives another AG Office the right to deny the public with information that pertains to a CLOSED case.  What is the Texas OAG hiding?  Looks like we'll never know.

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