The Community Foundation of Greater Greensboro asks its donors to "bunch" 2018 donations without disclosing much of the money could be forcibly allocated to Greensboro's new Steven Tanger Center for the Performing Arts

https://cfgg.org/blog/important-year-end-donor-information

"The Foundation is providing guarantees of $5M each to the City and its bank from donor contributions and, as necessary, unrestricted reserves of the Foundation"

After misleading Greensboro's taxpayers on the STPAC financing, the Foundation is asking donors to double up and more without telling its patrons if the assets contributed are unrestricted, the donated funds may be spent on a playground for Greensboro's elite, instead of helping our community's neediest;

https://cfgg.org/blog/important-year-end-donor-information

Happy Holidays

Are City of Greensboro taxpayers and parking deck patrons on the hook for at least $35.1 million not including legal costs, for a parking deck which most of City Council doesn't even know much about, for Kathy Manning, Randall Kaplan, George House and Greg Dillon, who has a contract on the News and Record property?

The News and Record real estate is under contract with Greg Dillon, 

one of Randall Kaplan's partners in the hotel,

so don't count on any quality investigative journalism from what's left

of what used to be our community's paper of record, 

just like the Washington Post shills for Jeff Bezos and Amazon,

as what used to be the Rhino Times is/was Roy Carroll's propaganda outlet 

https://greensboroperformingarts.blogspot.com/2018/11/are-city-of-greensboro-taxpayers-at.html

Matt Brown, Kathy Manning, Walker Sanders and the City 

didn't disclose $23,108,494.98 in interest costs for the STPAC

when Greensboro's City Council voted on the debt.

Matt Brown, Kathy Manning and Walker Sanders betrayed our community

https://greensboroperformingarts.blogspot.com/2018/07/matt-brown-kathy-manning-and-walker.html

Matt Brown sold City Council on math showing 330 VIP parking spots 

selling out at $18 a piece

for 12 Student Plays or Concerts and 11 Dance Recitals and Talent Competitions 

which are not projected to have ticket fees, 

and then everyone voted for it except Sharon Hightower 

after mayor Nancy Vaughan assured the Council and the public it was a good finance plan.

An interesting conversation between former NC District Congressional Candidate A.W. Coker, Wayne Abraham and Hartzman on Matt Brown, Nancy Vaughan and friend's fraud against Greensboro's taxpayers

http://greensboroperformingarts.blogspot.com/2018/06/an-interesting-conversation-between.html

The City, with the help of Kathy Manning and CFGG's Walker Sanders

 expects to sell more parking spaces than vehicles expected to show up for each show,

with none of them parking anywhere else.

Greensboro City Manager Jim Westmoreland's Climax; "In response to your public records request concerning the City of Greensboro legislation which states the City is obligated to provide "off-street parking (both surface lots and parking decks) to meet the needs of downtown businesses" cited by Jim Westmoreland, attached is a copy of the City of Greensboro Code 16-156, Ord. No. 87-50"

http://greensboroperformingarts.blogspot.com/2018/02/greensboro-city-manager-jim.html

City Council voted to for the project while knowing this information

or should have, and/or willfully ignored data,

violating their fiduciary duties to Greensboro's taxpayers

STPAC VIP Parking Control Fraud Math

http://greensboroperformingarts.blogspot.com/2017/12/stpac-vip-parking-control-fraud-math.html

The Community Foundation of Greater Greensboro's Walker Sanders 
violated his fiduciary duty to his clients and donors, 
while knowingly participated in a scheme to defraud Greensboro's taxpayers
with full knowledge of the risks involving Foundation assets being used as collateral

As of November 14, 2017, only $20 million of the $40 plus million in private donations
had actually been "raised", 
not counting expected interest payments on the loan CFGG took out to make up the difference;

https://greensboroperformingarts.blogspot.com/2018/07/the-community-foundation-of-greater.html

Walker purposefully misled our community and his clients
at The Community Foundation of Greater Greensboro 
and knowingly conspired against those he bears a fiduciary responsibility,
with their "unrestricted reserves of the Foundation".

Walker Sanders did not act in good faith, and did not exercise the same care 
that an ordinarily prudent person in a like position would exercise under similar circumstances
with his clients at The Community Foundation of Greater Greensboro.

Walker Sanders did not avoid self-dealing, 
misuse of funds and other misconduct.

Walker Sanders did not perform duties with loyalty to the entity’s mission
 and obedience to The Community Foundation of Greater Greensboro's non-profit purposes.
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"18 U.S. Code § 1341 - Frauds and swindles


Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or ... affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both."
.
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"The courts’ reluctance to define the term “fraud” with specificity gives prosecutors, judges and juries wide latitude to criminalize behavior which offends their personal sense of right and wrong.   For what does it mean in the law to “take advantage of others”?   It is not difficult to define what a false statement means.  Similarly, failing to make a disclosure when there is fiduciary obligation to make a disclosure is something that can be clearly understood (although sometimes it is difficult to know when one has a fiduciary duty to another)."
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Some of who enabled and/or committed fraud against Greensboro taxpayers and the investors who purchased STPAC bonds; Greensboro, NC's $44.165 million LOBs, Series 2018, and some records requests

http://greensboroperformingarts.blogspot.com/2018/06/some-of-who-enabled-andor-committed.html

Proof of Control Fraud by Kathy Manning, City of Greensboro's Matt Brown, CFGG's Walker Sanders and everyone else who knew and didn't say anything, especially the elected officials who voted for it

http://greensboroperformingarts.blogspot.com/2018/05/proof-of-control-fraud-by-kathy-manning.html

Kathy Manning's campaign response to the $30 million plus Greensboro taxpayer handout for a luxury hotel project, questions and commentary


https://greensboroperformingarts.blogspot.com/2018/10/kathy-mannings-campaign-response-to-30.html

The Community Foundation of Greater Greensboro's Walker Sanders violated his fiduciary duty to his clients and donors

"Directors, trustees and managers of foundations and endowments owe fiduciary duties to the organizations they oversee, similar to the fiduciary duties of directors at for-profit companies or pension trusts...

Unlike fiduciaries of for-profit companies or pension trusts, fiduciaries of foundations and endowments owe legal duties of obedience to both the organization’s charitable mission and the social benefit purposes required of nonprofits..."

https://www.reinhartlaw.com/knowledge/evolving-fiduciary-duty-of-foundations-and-endowments/

Walker Sanders knowingly participated in a scheme to defraud Greensboro's taxpayers;

Walker Sanders enabled a misleading proposal voted on by Greensboro's City Council 
while acting as a fiduciary for donors of The Community Foundation of Greater Greensboro

with full knowledge of the risks involving Foundation assets being used as collateral.

There was no mention of the interest expenses
in Matt Brown's presentation to council on December 19, 2017, 
and Walker Sanders knew it and said nothing, 
not for the benefit of his clients at The Community Foundation of Greater Greensboro, 
but to get the vote and the financing done at any cost,
including "unrestricted reserves of the Foundation";

As of November 14, 2017, only $20 million of the $40 plus million in private donations had actually been "raised", not counting expected interest payments on the loan CFGG took out to make up the difference;

http://greensboroperformingarts.blogspot.com/2018/04/as-of-november-14-2017-only-20-million.html

Manning and Walker Sanders, the president of the Community Foundation,

also announced that they had met their goal

of raising $38.5 million from private donors.

Dawn DeCwikiel-Kane

Financially Illiterate News and Record reporter who lied to her readers

Dec 17, 2016

Walker purposefully misled our community and his clients

at The Community Foundation of Greater Greensboro 

and knowingly conspired against those he bears a fiduciary responsibility,

with their "unrestricted reserves of the Foundation".

Walker Sanders did not act in good faith, and did not exercise the same care that an ordinarily prudent person in a like position would exercise under similar circumstances with his clients at The Community Foundation of Greater Greensboro.

Walker Sanders did not avoid self-dealing, misuse of funds and other misconduct.

Walker Sanders did not perform duties with loyalty to the entity’s mission and obedience to The Community Foundation of Greater Greensboro's non-profit purposes.
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"The fiduciary duties of foundations and endowments are most similar to the fiduciary duties of pension and other trust funds. However, fiduciaries of foundations and endowments have an additional duty of obedience to the unique charitable mission of the organization...


Foundations and endowments are granted tax-exempt status on the basis of their providing a public benefit that will reduce the burdens on government and benefit society."
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Walker Sanders betrayed our community

On December 19, 2017, Greensboro Coliseum Director Matt Brown, the City's highest paid employee, told City Council the Steven Tanger Center for the Performing Arts (STPAC) would be paid for in part by patrons paying $18 a piece for 330 VIP parking spaces 150 times per year.

The same math was sent by Brown to Walker Sanders, president of The Community Foundation of Greater Greensboro which is charging fees on some of the $20 million in private pledges actually received for the project as of November, 2017, with the rest covered by debt until the rest of the money is supposed to appear through 2023.

There is no information presented by these players to date showing how the interest on the debt borrowed by Walker Sanders' Community Foundation is to be paid for, other than a guarantee by the Foundation colateralized by the entirety of hundreds of its patrons gifts meant for charity, not a performing arts center for our upper crust.

http://greensboroperformingarts.blogspot.com/2018/06/some-of-who-enabled-andor-committed.html

Our local news industry has been compromised.

Our local news industry is in the business of thought, and therefore public behavior control, directly affecting local elections, by misleading the public via lies of omission.

The City of Greensboro lied on an application to North Carolina's Local Government Commission, and Walker Sanders knew.

City Council members voted on a fraudulent representation of revenues to pay for STPAC, authored and presented by Matt Brown, and Walker Sanders knew before the vote.

Walker Sanders enganged in control fraud, when he used his position of responsibility to subvert an organization for personal gain.

Walker Sanders is uniquely placed to remove the checks and balances on fraud upon the public.

Walker Sanders hid shortfalls and defrauded his clients and the public at large.

Walker Sanders knowingly let the City leave out $23,108,494.98 in interest costs when Greensboro's City Council voted on the debt, in violation of his fiduciary duties to his clients at The Community Foundation of Greater Greensboro.

Walker Sanders knowingly let the City vote on bogus arithmetic to pass the performing arts finance plan, in violation of his fiduciary duties to his clients at The Community Foundation of Greater Greensboro.
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18 U.S. Code § 1341 - Frauds and swindles

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or ... affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

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.

"Mail and Wire Fraud

The federal government makes it a crime to use the mail or any wire communications technology, including the Internet, as part of a scheme to defraud. Because of the broad nature of these laws, mail fraud and wire fraud are commonly charged in a wide range of cases. For example, people who pay a bribe or kickback to government officials typically use the phone or mail a letter at some point in the process. Because of this, federal prosecutors can charge the person with wire fraud or mail fraud in addition to bribery, corruption, or any other charges that may apply."

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.

"The most authoritative treatise on federal jury instructions advises judges to instruct juries in securities fraud cases that fraud is “a general term which embraces all ingenious efforts and means that individuals devise to take advantage of others.”

.

.

"The courts’ reluctance to define the term “fraud” with specificity gives prosecutors, judges and juries wide latitude to criminalize behavior which offends their personal sense of right and wrong.   For what does it mean in the law to “take advantage of others”?   It is not difficult to define what a false statement means.  Similarly, failing to make a disclosure when there is fiduciary obligation to make a disclosure is something that can be clearly understood (although sometimes it is difficult to know when one has a fiduciary duty to another)."

Proof of Control Fraud by Kathy Manning, City of Greensboro's Matt Brown, CFGG's Walker Sanders and everyone else who knew and didn't say anything, especially the elected officials who voted for it

Matt, Kathy and Walker conspired to mislead the public with farcical, unattainable math;

330 spaces x $18 = $5,940

$5,940 x 150 = $891,000

Which matches within $20,000 of what was presented to the public 

and voted on by City Council;

$10 million + 2.1 + $1.079 million = $13,179,000 million from VIP parking,

which is just about $13,195,710.  From Fri, Mar 16, 2018 at 4:24 PM;

330 x 18 = $5,940

$5,940 x 150 = $891,000 per year, from 330 VIP parking spots at $18 a piece 

sold out at every event for 150 events

$13,195,710 / $891,000 = 14.81 years of 330 VIP spots 

sold out at every event for 150 events every year

for almost 15 strait years

The paid consultant said the center could host about 149 events per year after 3 years, some of which obviously couldn't get sold out VIP parking money;

The STPAC is not going to sell 330 VIP parking spots at every event

31 events don't look like they can charge $18 for VIP parking


149 - 31 = 118

66 annually projected performances are expected to bring in less than 2,000 patrons, which are not going to sell 330 VIP parking spaces for $18 a piece

There are 12 expected student plays or concerts, which will likely have no VIP spaces sold for.

The 11 recitals won't sell 330 VIP spaces

CTG's Wizard of Oz etc... can't/won't be able sell 330 VIP parking

So how much is the parking going to cost, 

relative to taking a Uber/Lyft, or parking for free?

There were 488 free on street parking spots within 1,200 feet of the site, 

not counting the VF and the Marriott parking across the street,

and another couple thousand in two more parking decks on the way;

https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh7yYf-FgaVvhZqm5CUFD95KQcGbAYKnfPEdcoaaR-MTUU_nwOjbn6I_xWlRX-WeYMoq8gWu_16EiroPZNyJ4S50BA2A8E9bTQYcv5bOi6YOhvdBisOAQ1PRntNBHJqZTH9b0URpz11Vow/s1600/Inside+Circle.jpg

The Bellemeade Deck across the street has 1,276 spaces

DPAC charges $5 per car in a similarly proximate deck.

The public presentation didn't include how much the parking would cost at $18 per spot, and certainly didn't include the projected 2019 rate and potential more VIP parking

on top of the 330 spaces currently planned;

As of November 14, 2017, only $20 million of the $40 plus million in private donations have actually been "raised", not counting expected interest payments on the loan CFGG took out to make up the difference;

http://greensboroperformingarts.blogspot.com/2018/04/as-of-november-14-2017-only-20-million.html

Manning and Walker Sanders, the president of the Community Foundation,

also announced that they had met their goal

of raising $38.5 million from private donors.

Dawn DeCwikiel-Kane

Financially Illiterate News and Record reporter who lied to her readers

Dec 17, 2016

Manning and Walker among others purposefully misled our community

and have conspired against Greensboro's taxpayers for personal profit

Costs for the entire project will be covered by private donations,

hotel and motel tax revenues, ticket fees and parking revenues

— not taxpayer money, [Matt] Brown said.

Dawn DeCwikiel-Kane

If taxpayer money becomes involved, 

Matt Brown should be removed from his position

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Performing Arts Center: "[Notable]...Task Force Members";

GPAC Development / Marketing Task Force; Kathy Manning, co-chair

GPAC Economic Impact / Feasibility Task Force; Randall Kaplan and Roy Carroll

GPAC Development / Marketing Task Force; George House, one of Randall's partners

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Two reasons among many that a GPAC with 3,000 seats probably won't work as well as DPAC with 2,700 seats

http://hartzman.blogspot.com/2013/06/one-reason-among-many-that-gpac-with.html

City Council voted to for this project knowing this information

or should have, and/or willfully ignored data,

violating their fiduciary duties to Greensboro's taxpayers,

and should be removed from office

"§ 14-230. Willfully failing to discharge duties.

(a) If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any of the State institutions, or of any county, city or town, shall willfully omit, neglect or refuse to discharge any of the duties of his office, for default whereof it is not elsewhere provided that he shall be indicted, he shall be guilty of a Class 1 misdemeanor. If it shall be proved that such officer, after his qualification, willfully and corruptly omitted, neglected or refused to discharge any of the duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof, such officer shall be guilty of misbehavior in office, and shall be punished by removal therefrom under the sentence of the court as a part of the punishment for the offense."

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"§ 14-209. Punishment for perjury.

If any person shall willfully and corruptly commit perjury, on his oath or affirmation, in any suit, controversy, matter or cause, depending in any of the courts of the State, or in any deposition or affidavit taken pursuant to law, or in any oath or affirmation duly administered of or concerning any matter or thing whereof such person is lawfully required to be sworn or affirmed, every person so offending shall be punished as a Class F felon."

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.

"§ 14-210. Subornation of perjury.

If any person shall, by any means, procure another person to commit such willful and corrupt perjury as is mentioned in G.S. 14-209, the person so offending shall be punished as a Class I felon."

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2005 North Carolina Code - General Statutes § 97-88.2. Penalty for fraud.

§ 97‑88.2. Penalty for fraud.

(a) Any person who willfully makes a false statement or representation of a material fact for the purpose of obtaining or denying any benefit or payment, or assisting another to obtain or deny any benefit or payment under this Article, shall be guilty of a Class 1 misdemeanor if the amount at issue is less than one thousand dollars ($1,000). Violation of this section is a Class H felony if the amount at issue is one thousand dollars ($1,000) or more. The court may order restitution.

(a1) When a person is convicted under subsection (a) of this section, the Commission may enter such orders as necessary to ensure that the person convicted does not benefit from the unlawful conduct.

https://law.justia.com/codes/north-carolina/2005/chapter_97/gs_97-88.2.html

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N.C. GEN. STAT. § 75-1.1. Methods of competition, acts and practices regulated; legislative policy

(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.

...North Carolina enacted the Unfair and Deceptive Trade Practices Act (“UDTPA”) to benefit consumers, but “its protections extend to businesses in appropriate situations.”[3] Creating a private cause of action for consumers was the Act’s primary purpose.[4] Also, the statute was enacted “to provide a civil means to maintain ethical standards of dealings between persons engaged in business and the consuming public” within North Carolina because “other legal remedies were inadequate or ineffective.”[5] It applies to dealings between buyers and sellers at all levels of commerce.[6]

Under the North Carolina statute, both individuals, through a private cause of action, and the State, through the Attorney General, can raise a claim for unfair and deceptive trade practices.[11] The Attorney General is responsible for investigating all corporations or persons in North Carolina doing business in violation of the law.[12] Persons or corporations that violate any of the provisions of Chapter 75 may be subject to criminal sanctions in prosecutions brought by the state Attorney General, remedies through civil actions brought and prosecuted by the Attorney General, damages in private causes of action by injured persons, or any permissible combination.[13]

Prima Facie Case

Three-Part Test

A claim under this statute requires proof of three elements: (1) an unfair or deceptive act or practice; (2) in or affecting commerce; (3) which proximately caused the injury to the claimant.[15] [16] A court will first determine if the act or practice was “in or affecting commerce” before determining if the act or practice was unfair or deceptive.[17]

Unfair and Deceptive Definition

A practice is unfair when it offends established public policy or when the act or practice is “immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”[18] A party is guilty of an unfair act or practice when it engages in conduct which amounts to an inequitable assertion of its power or position.[19] [20] For an act or practice to be deceptive it must have “the capacity or tendency to deceive” but proof of actual deception is not required.[21] [22]

Deliberate acts of deceit or bad faith do not have to be shown, rather, the claimant must demonstrate that the act or practice possessed the tendency and capacity to mislead or created the likelihood of deception.[23] Additionally, it is not required that the claimant actually relies on the deception in order to prevail; actual reliance is not a factor to be considered.[24] 

Unfairness is a broader concept than, and includes the concept of, deceptiveness.[28] However, only one—either unfairness or deceptiveness—is required to bring the act or practice within the statute.[29] There is no requirement that the act or practice be both unfair and deceptive.[30]

A plaintiff can prove that an act was “in or affecting commerce” by demonstrating that the parties were “engaged in an activity involving an exchange of some type in which a participant could be characterized as a seller.”[38] However, the activity need only to “surround or affect a sale,” it does not need to meet a stricter standard of “inducing a sale.”[39]

In its broadest sense, commerce includes “intercourse for the purposes of trade in any form.”[40]

Causal Requirement

A claimant must prove that a defendant’s unfair or deceptive acts were the cause of the injuries the claimant incurred. Proof of actual injuries can include: loss of the use of specific and unique property, the loss of any appreciated value of property, and other elements of damage shown by plaintiff’s evidence.[44] Reliance on the defendant’s unfair or deceptive act is not necessary to show that the defendant was the proximate cause of the plaintiff’s injuries. 

The Burden Shifting Scheme

North Carolina’s UDTPA created a statutory burden-shifting scheme. At the outset, the Plaintiff bears the burden of proof,[47] and must provide sufficient evidence to support his claim that he has suffered actual injury as a result of the defendant’s actions.[48] Then the plaintiff must prove that the defendant’s actions “were in or affecting commerce,” and that they constituted an unfair or deceptive practice. Once a plaintiff has established his prima facie case, the burden shifts to the defendant to prove that he is exempt from the UDTPA.[49]

Fraud is sufficient evidence of an unfair or deceptive act, including fraud in the inducement;[81] [82] the use of coercive tactics is also covered by the statute;[83] negligent misrepresentation, including failure to disclose that amounts to misrepresentation;[84] and, a broken promise can also qualify if the promisor had no intent to perform when he made the promise, which amounts to promissory fraud.[85] 

Intentionally and Knowingly Making False Statements: Torrance v. AS&L Motors, Ltd., 119 N.C. App. 552, 459 S.E.2d 67 (1995).

A used car salesman told potential buyers a specific car had not been involved in an accident when asked by the buyers, even though the seller knew that statement was false. The buyer then relied on the statement that the car had never been in an accident and purchased the car. Because the car salesman knowingly lied to the buyers about the car’s accident history, the act was unfair or deceptive under the statute.

Failure to Inspect: Huff v. Autos Unlimited, Inc., 124 N.C. App. 410, 477 S.E.2d 86 (1996).

A used car salesman failed to conduct a simple visual inspection of a car that he knew had been in an accident. Even without the visual inspection, and with the knowledge that the car had been wrecked, the salesman sold the car with assurances of its reliability, subjecting him to liability for an unfair or deceptive trade practice.

https://en.wikibooks.org/wiki/N.C._Gen._Stat_%C2%A7_75-1.1:_Unfair_%26_Deceptive_Trade_Practices_Under_North_Carolina_Law

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FRAUD: The Supreme Court has concluded that there are two types of fraud in a civil context: Actual and Constructive.  The Court has determined that Active Fraud is the false representation of a material fact or, in the alternative, the concealment of a material fact.  Moreover, the misrepresented material fact must be known to be false or made recklessly, without any knowledge of its truth or falsity.  A fact is considered “material” if, had it been known to the party, it would have influenced that party’s decision in making the contract at all.  Constructive Fraud, on the other hand, is based on the relationship between the parties.  It requires the existence of a relation of trust and confidence, in which the bad actor is alleged to have taken advantage of his position of trust, resulting in injury to the harmed party.  

http://hslc-law.com/deception-ruse-subterfuge-when-does-act-rise-to-fraud-or-unfair-and-deceptive-trade-practice/

Lebauer Splash Pad Closed

The Summerfield News is reporting that the children's splash pad at Lebauer Park in downtown Greensboro has been closed for repairs because of injuries to Children's feet. Tell Walker Sanders and the Community Foundation of Greater Greensboro to warm up his pen and get the check book ready. Click on the photo to enlarge.

Sam Hieb; "The city will serve as project manager and approve all construction and professional service contracts, funding the first $18.5 million in construction and equipment costs."

"City will assume new bond debt to close projected $10 million funding gap"

...The original cost estimate for the Tanger Center was $65 million, with the city contributing $30 million in bond debt and the remaining $35 million coming from private donations..."

Incorrect, as multiple earlier estimates were lower

Doesn't mention the interest on the debt, 

or the anticipated ongoing losses, 

or the lies told to make it happen

"The city will serve as project manager and approve all construction and professional service contracts, funding the first $18.5 million in construction and equipment costs."

Weren't they going to hire a "manager at risk"?

"City leaders believe the Tanger Center will continue Greensboro’s downtown revitalization on the northern end of Elm Street. That belief was legitimized in the eyes of many when high-powered developer Roy Carroll announced plans to build a hotel and a mixed use development just a couple of blocks away, across the street from New Bridge Bank Park."

Nice sell out Sam, 

no different than Tony Wilkins

"a good chunk of funding to close the budget will come from ticket fees."

"Those funds are now being “repurposed,” which would raise $3.75 million."

Per year Sam?

Where is the math Sam?

So you agree with the estimates Sam?

"another $2.1 million from boosting the number of VIP parking spaces"

How did you come to those figures Sam?

How many of the extra VIP spaces

 are going to sell for each event Sam?

“I don’t think you can ever say we’ve eliminated taxpayer exposure, but we’ve minimized it,” said Mayor Nancy Vaughan. “We have a phenomenal opportunity to do this with very little risk.”

Sam A. Hieb is a contributor to Carolina Journal.

http://www.carolinajournal.com/exclusives/display_exclusive.html?id=12671

Did Sam Hieb sell out to Roy Carroll,

or did Carolina Journal, or both?

I guess I expected more

from some supposed fiscal conservatives

who supposedly understand basic arithmatic

What did Tony and Marikay say about the bogus math?

Nothing, along with Sam Hieb and Carolina Journal.

Who's the manager at risk Tony, Sam and Marikay?

WTF?

Say Yes to Education and Say Yes Guilford are saying they are going to cover the last dollar costs between financial aid and total tuition

AVERAGE IN-STATE TUITION in North Carolina = $6,677

% CHANGE SINCE 2004 = 52%

STATE GRANT AID PER STUDENT = $842

% OF AID BASED ON FINANCIAL NEED = 98%

http://time.com/money/4097089/college-tuition-cost-differences-state-live/?iid=sr-link6
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"The net price, on average, is considerably lower than the published price. For example, the average published in-state price for tuition and fees for four-year public colleges is $9,139 per year. But the average net price — what the average family really pays — is just $3,030 per year. For private nonprofit four-year colleges, the average published price is $31,230 per year, but the average family pays just $12,360 annually."

https://bigfuture.collegeboard.org/pay-for-college/paying-your-share/focus-on-net-price-not-sticker-price

If you graduate and get accepted to college, 

your tuition will be paid to the last dollar.

You just won a free college education. All of you. 

Susan Ladd

Greensboro's News and Record

September 17, 2015

If 4,000 students get into colleges and ask for the money, 
and North Carolina covers $842 per student, 
and Federal money covers another $3,000, 
$3,842 - $6,677 = $2,835 per Guilford County Student
which Say Yes is going to pick up the tab for every year?

$2,835 x 4,000 = $11,340,000 per year from Say Yes?

There's only about $35 million in the endowment so far,
some of which is supposed to be gifted over a series of years.

Where's all the money going to come from?
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On October 3, 2015, Guilford County's Board of Education was shown a "Full Tuition Scholarship Incentive" plan, for every GCS graduate who goes to college

http://greensboroperformingarts.blogspot.com/2015/11/on-october-3-2015-guilford-countys.html

How the Triad Business Journal got played for chumps by Say Yes to Education and Say Yes Guilford

http://greensboroperformingarts.blogspot.com/2015/11/how-triad-business-journals-reporter.html

Say Yes to Education, Inc. (Say Yes), and Say Yes Guilford appears to be a legal Ponzi scheme and/or a Racket

http://greensboroperformingarts.blogspot.com/2015/11/say-yes-to-education-inc-say-yes-and.html

Are our local Realtors saying Say Yes to Education is going to pay for everyone in Guilford County's college?

http://greensboroperformingarts.blogspot.com/2015/10/are-our-local-realtors-saying-say-yes.html

Matt Brown: LeBauer Park Doomed To Fail

You never know what caring City of Greensboro employees might happen to send out to the public. Take for instance this e-mail in which Greensboro Coliseum Director, Matt Brown, the highest paid man on City payroll and obviously an expert in his field, says about the chances of success for Greensboro's downtown LeBauer Park.

All that public and private money spent and Greensboro's top expert on entertainment venues doesn't believe it can work.

You know, just like the downtown Steven Tanger Center for the Performing Arts-- in financial difficulties before the first brick is even laid.

And who was behind both of these projects? None other than Walker Sanders and the Community Foundation of Greater Greensboro.

The City Answers: Who Wrote The GPAC Fact Sheet

Yesterday one of my readers had a question as to who wrote the GPAC Fact Sheet as released by the City of Greensboro and confirmed fraudulent by Councilman Mike Barber. I submitted the following public information request:

"Sarah,
One of my readers has asked, Who signed off on the fact sheet for the  Steven B. Tanger Center for the Performing Arts as seen here: http://www.scribd.com/doc/210402649/City-CFGG-Tanger-Center-Project-and-Financing

I would like to be able to answer.
Thank you
-Billy"

Today I received the following answer:

"Dear Billy:
The fact sheet was a team effort involving input from both the City and Community Foundation/Private donor representatives. Both the City and CFGG reviewed and approved before it was distributed. 

Please let me know if you need anything else and I will continue to work on your other requests.
Sincerely,
Sarah"

My reply,

"Names please. My readers are asking for names.
Thanks
-Billy"

Please understand, this isn't Sarah's fault. She's an entry level city worker stuck in the middle between corrupt politicians and assholes like me who actually expect someone to tell the truth. Her job sucks but she has a baby to feed so be nice to her as it's really not her fault.

Update: When I founded this blog just over 2 years ago I could have chosen a pseudonym and established an anonymous e-mail account to do what I do. North Carolina law even allows for anonymous public information requests. But I didn't want to be seen as a coward taking jabs while hiding behind anonymity.

Here we have the very "pillars of our community" hiding behind anonymity with the full blessing of the City of Greensboro. I think it has become quite apparent to the world what kind of city Greensboro has really become.

Would You Sign On This Dotted Line?

This is from the contract the Community Foundation of Greater Greensboro expects the Greensboro City Council to approve on Tuesday night when Council is set to vote to spend upwards of $35 Million Dollars of taxpayer funding plus obligate us to pay to keep up the Greensboro Performing Arts Center for the Next 50 years: This is the part the Greensboro News & Record, Rhino Times and WFMY TV2 all purposely left out:

More here and here.

Roch confirms the contract is bad.

My advice: attend City Council meeting on Tuesday night. Carry signs that say, "No PAC."

Pitchforks and torches optional.

If this contract is accepted by the Greensboro City Council my next step will be to organize recall elections for every council person who voted for the PAC. And I've got nothing but time.

The Giant Hole in The Greensboro Performing Arts Center Contract

I've been telling you for over 2 years the downtown Greensboro Performing Arts Center is a bad idea born out of corruption and I've proved it time and time again. When I began I was called crazy, a liar and a conspiracy theorist. Well here's what Roch Smith Jr has to say about the deal: 

"If I have this right, the City will not own the center for the first ten years while it is used as collateral for the bank backing of the donor contributions. Then, after ten years, even if all has gone according to plan and ownership successfully transfers to the city, the city can only further transfer the center by giving it away to the non-profit; no other options.

    I hope it is as obvious to you, as it is to me, the kind of financial jeopardy to which that scheme exposes the citizens of Greensboro. Should something go awry in the first ten years -- cost overruns, donor contributions fall short, loan default by the non-profit or some other fiscal speed bump -- the people of Greensboro will be over a barrel: Either come up with more money to ameliorate whatever problem may have arisen, even if it was the responsibility of other parties, or lose ownership of the center and our tens of millions put in it. Even if we successfully pass the ten year mark and the center transfers to the city, the center would be encumbered in a way unlike any other city property: ours, but not to do with what we will."

That's the way I read the contract as well. As a matter of fact: I said many months ago that was going to be the case.

And then there's a very interesting point being made by George Hartzman:

"During the next 50 years, if the City of Greensboro gets another Robbie Perkins like administration, a $65 million facility could be transferred to the non profit by City Council, the non profit, of which could be/have to be dominated by cronies of the City Council and the Community Foundation, could vote to cease to exist, leaving the Community Foundation a $65 million facility that it used $35 million of other people's money to acquire.

The Community Foundation could be acquired by a larger foundation, or a trust company.

If the facility is funneled to the Community Foundation, they could sell it, and charge ongoing fees as the money is invested.

If the Community Foundation owns it, any profits go to the Community Foundation tax free.

The Community Foundation could then begin paying board members salaries and increasing the compensation of Foundation employees."

As a matter of fact: I believe that was the plan all along. It was just supposed to happen before Robbie Perkins got voted out of office.

Tell Walker Sanders and the Community Foundation of Greater Greensboro that if Greensboro Elites want a performing arts center then they can build it with 100% private funding, perhaps limit the project to a smaller $35 Million they already have pledged so that the banks will allow the building to stand as collateral for the entire project. You know, scale back like us working class folk have to do when we can't afford to have everything we want.

 Update: From George Hartzman's On Greensboro's GPAC (Tanger Center) Contract with the Community Foundation Problems II:

" It looks like the Community Foundation is transferring the risk of donor default to a non profit with no means to guarantee any shortfalls to the lender making the city the guarantor of the donor money, including the interest on the financing.

The CFGG doesn't even actually have $5 million yet."

The corruption continues as the Elites represented by Walker Sanders and the Community Foundation of Greater Greensboro attempt to steal $58 Million plus right out from under our noses. That's right, the real figure counting what the City of Greensboro has already spent is closer to $58 million and not the $35 million they want you to believe.

Tell Walker Sanders an CFGG we want our money back as he had no authority to buy real estate on behalf of the City of Greensboro.

Update 2: Tony Wilkins speaks out:

"Roch says: “the exposure for taxpayers can not be ignored”.
That’s an understatement.
I’ve tried to minimize that risk without success. I’m disappointed in myself for that. Just can’t get that fifth vote and the magic number is five.
And the Arts Stabilization Fund will be given approximately $274,000 a year regardless of taxpayer subsidy to the project.
And when the construction overruns or operating deficits occur (and they will, even if you believe the facility will average a sell out every four days as we’re told)- we’ll reach our hands into the pockets of our taxpayers, including the twenty per cent of our population living below the poverty level- and we’ll transfer it to the elite.
The only thing left to do is to obtain a cheerleading uniform that fits with matching pom poms and hope for the best.
And stop asking how to get to that Tanger Center in Mebane."

I'm with you Tony. Personally I've been advocating we boycott everything Steven Tanger has a hand in including Fresh Market.

Why The Community Foundation Must Control GPAC

Perhaps you've been wondering what it is that is causing the City of Greensboro and the Community Foundation of Greater Greensboro to appear to be at an impasse concerning who will own the downtown Greensboro Performing Arts Center, aka the Steven Tanger Center for the Performing Arts.

Anyone who wants to fully understand the problem only needs to download and read the Articles of Incorporation of the Community Foundation of Greater Greensboro. http://www.secretary.state.nc.us/images/PDF.gif  The CFGG cannot, by law, donate money to the City of Greensboro and thus is left with but 2 choices, Plan 1. The CFGG forms a new non profit which owns 100% of GPAC but they can't do that because they don't really have the money or Plan 2. the new non profit holds a controlling interest with the Taxpayers footing the bills:

Why must CFGG have a controlling interest in scenario #2? Because if the City has a controlling interest the City could change or even back out of the deal. And because CFGG has no money and thus no power without controlling interest.

Non profits cannot DONATE money to governments when said donations do not meet the articles of incorporation of the non profit(s) in question What non profits can do is buy things and give those things to government but cash donations to governments under these circumstances are illegal. This is so to prevent municipal governments and non profits from getting into the money laundering business.

But you see, the  Community Foundation of Greater Greensboro doesn't actually have the $35 Million Dollars that has been pledged over the course of the next 10 years so even if CFGG were willing to build a performing arts center and give it to the City of Greensboro they haven't got the cash or credit to do it.

So they scheme up Plan 2 and hope the Greensboro City Council will take the taxpayers for fools.

Greensboro's Lebauer Park Meeting Minutes

Are you wondering what is going on with plans for the privately owned Lebauer Park to be built by the Community Foundation on property belonging to the City of Greensboro and taken off the tax rolls for as long as its new owners wish not to pay taxes on it while the taxpayers pay to keep it up?

I sent a public information request asking for the following:

"Please send me all plans and information, minutes from any meetings, notes, etc. the City of Greensboro has concerning the proposed downtown LaBauer Park. I mean everything.

Thank you -Billy Jones."

Today I was sent the Lebauer Park Meeting Minutes and a promise the e-mails would be coming soon. We'll see how it goes.

Nancy Hoffman's Bird Brings Bad News

A little bird came flying out to visit me today with some more bad news about Greensboro City Councilwoman, Nancy Hoffmann. She (I think it was a she, it's hard to tell with all the feathers) chirped something about a decking suit... Wait, that's not right, she chirped that Ms Hoffman was getting sued over a deck she built over someone else's property. Now who in their right mind would do that? Anything you build over someone else's property becomes the other person's property.

The bird also feared that Walker Sanders of the Community Foundation might be plotting Councilwoman Hoffmann's unfortunate demise. Seems the crazy as a bat old woman left the Suppenong Building on Elm St to the Community Foundation in her will and the bird thinks Walker needs the money to build the GPAC. Or was that TPAC? The bird was really excited and talked really fast.

It's going to get really cold the next few days, Ms Hoffmann, being that bird just saved your life you might want to keep it warm. And don't be mad at your little bird, she's just looking out for you and there's not many folks in Greensboro other than myself who will take the time to listen to little birds.

Community Foundation Of Greater Greensboro: Articles Of Incorporation

For those of you who have been wondering where they were:

Articles of Incorporation Filed 1983
https://docs.google.com/file/d/1QL95AiGZRyMYeWtWgxl8RQJofBcCf-00qkAS5o9XB7eCf6BTrx2Ld7aMneaj/edit?usp=sharing
Amendment Filed 1984
https://docs.google.com/file/d/1HNtdiGmYtlLVZey6mcPmi9KdvzsueyPzdaLeDNeNbX3MBWGq8tvnrN3aheDq/edit?usp=sharing
Amendment, Filed 1995
https://docs.google.com/file/d/1St9tiU6UNQfIQrYBFH982B-j2u3_JVYMkrm-YX_jM-NRjLf-XUoho449H0j0/edit?usp=sharing

All compliments of Alexandria Stallings of the Office of the NC Secretary of State.

Another Bogus Donation To GPAC

Leonard J and Tobee Kaplan just announced their Toleo Foundation would be donating $5 Million Dollars to the Greensboro Performing Arts Center.

 The Toleo Foundation hasn't the means to donate even $1 Million, much less $5 Million Dollars to anything.

Don't believe me? Google Toleo Foundation IRS Form 990 and see for yourself.

And you'll notice it says in this N&R article, "All gifts will be paid over a period of years."

That gives everyone the option of backing out should the Greensboro City Council not pay the majority of the costs up front.

And to add insult to injury (pun intended) the very donation to GPAC by the Toleo Foundation may in-fact be illegal (or taxable) as it does not fit within the stated articles of incorporation of the Toleo Foundation,  originally called the Kaplan Family Foundation. Click to make it bigger.

I wonder if Leonard and Tobee Kaplan are prepared to pay back taxes on foundation money dating to 1982?

I wonder if Walker Sanders has been getting people drunk again?

 Be sure to review the Toleo Foundation after you see their bank account.

Now let's look at what else Leonard J Kaplan is associated with and why he might be interested in donating $5 Million Dollars to a downtown performing arts center.

According to CorporationWiki, Mr Kaplan is manager of Tar Heel Properties, LLC and while I couldn't verify that with the NC Secretary of State I was lead to a Mr Steve Vetter of TARHEEL PROPERTIES CONDOS LLC who just happens to own Greensboro properties at :

So why is this of a concern?  For Mr Kaplan and the Toleo Foundation this may not be a charitable investment in Greensboro, this might be an illegal tax dodge or perhaps worse.

But alas, those properties aren't Downtown so that doesn't fly. Nothing to see here. My big catch of the day got away. That is, unless we hear later of a plan to move GPAC to UNCG.

Mr Kaplan is also listed as the manager of Scientific Associates, LLC. The Secretary of State agrees. The registered agent for Scientific Associates, LLC is listed as Seldon Patty. I wonder if that's the same as Seldon E Patty who is the agent for THE LEBAUER FAMILY LIMITED PARTNERSHIP, KAMP PROPERTIES LIMITED PARTNERSHIP, JAMES T. WHARTON, JR., INC. (319 SOUTHEASTERN BLDG.) ALLIANCE OF GLOBAL GOOD and the  TOLEO GROUP, LLC.

Wait a minute, was that the Toleo Group? Back to Guilford County where I didn't find any property owned by the Toleo Group. On to O.K. Technologies, LLC.

No good there, out of business since 2003.

Now about that little problem Mr Kaplan seems to have with pledging money he hasn't got... Oh, and violating the terms of the corporation's charter.  (See Article III above.) Non profit foundations are not free to give money to any charity they happen to like at the time. Federal tax laws require charitable foundations to only give within the guidelines of their charters or else pay back taxes on the money they give away.

When the IRS gets a wind of this there will be no  donation to the Greensboro Performing Arts Center. And while it's true this catch wasn't a trophy winner at least I caught a fish.

Now why is it the local media types didn'r google 'Toleo Foundation IRS form 990" and ask questions before they posted their stories? They they'd have fish too. Instead, all they caught was suckers.