Defendants told Plaintiff at the time of the above advisement that everything was
under proper control and led Plaintiff to believe that Defendants were in full compliance
with the provisions of Minnesota's Non-Profit Corporation Laws.
Defendants acknowledged to Plaintiff at the time of the above advisement that
the corporation was indeed organized as a Minnesota §317A Non-Profit Corporation
and further led Plaintiff, by such acknowledgement, that Defendants recognized their
duty to comply with Minnesota law.
As an attendee to the meetings with a contemporaneous diary, Plaintiff knows
from first hand knowledge that certain of Defendants filings were fraudulent in nature.
As an individual that maintains a contemporaneous diary, Plaintiff knows from the
knowledge in said diary that other filings of Defendants were simply fictitious in nature
and nothing short of manufactured lies.
Defendants instructed and indoctrinated Plaintiff for several weeks in a series of
membership meetings during June 1993. These meetings were conducted by Defendant
William N. Matthews and were specifically for purposes of inducing Plaintiff and others
into joining the corporation as full voting members.
Defendants constantly pushed membership stating plainly several times that
"unless attendees were members of the corporation that they could not participate in
any area of Defendants organization."
During June 1993, Defendants membership training and indoctrination focused
specifically on the nature and character of the non-profit corporation, its basic beliefs
and on Defendant William N. Matthews' twenty (20) years of experience in non-profits.
Plaintiff relied upon Defendants instructions and indoctrination as to the exact
nature and character of the non-profit corporation as it then existed in June 1993.
Defendants conduct in July 1993 was outrageous and inconsistent with the
nature and character of the organization that was presented to Plaintiff during June
Defendants conduct in July 1993 was outrageous and in violation of By-Laws of
the non-profit corporation as they then existed.
Defendants conduct in July 1993 was outrageous and in violation of the Articles
of the non-profit corporation as they then existed.
Defendants conduct in July 1993 was outrageous and in violation of Minnesota
Defendants conduct in July 1993 was outrageous and inconsistent with
Defendant William N. Matthews' twenty (20) years of experience in non-profits.
Defendants conduct in July 1993 was outrageous and inconsistent with
Defendant William N. Matthews' statements to Plaintiff during June 1993.
Defendants' actions clearly painted a fraudulent picture to Plaintiff at the exact
time that Plaintiff transferred his stock.
Defendants were in the process of making a fraudulent filing with the Minnesota
Secretary of State prior to the time Plaintiff actually transferred his stock.
If Defendants had properly apprised Plaintiff of all material facts then existing,
Plaintiff would have immediately left the organization in June of 1993 and would not
have transferred any stock.
Defendants successfully concealed all fraudulent filings and Plaintiff was only
made aware of them after requesting a copy of all documents on file with the Secretary
of State on April 3, 1998.
Meeting attendees will testify that the Corporation only changed its name and
did not conduct any other business at the July 1, 1993 meeting.
Defendants withheld material facts from Plaintiff in that Defendants had already
initiated action in June 1993 that deprived members of their rights under Minn. Stat
§317A. Defendants did not convey to Plaintiff the true plans that Defendants had for
filing with the Secretary of State which were already in process.
Corporate records of the Defendants will testify in favor of Plaintiffs allegations.
Other facts are contained in the documents within Plaintiffs' possession, which are
now available to Defendants.
INTERROGATORY NO. 6:Describe in all possible detail all the facts upon which
you base your allegations that Defendant's made criminally false and/or fraudulent article
of incorporation filings with the Minnesota Secretary of State in paragraphs 12, 14, 15