Sunday, June 7, 2009

USCF Litigation Dialog

First, it should be noted I may have been a fool to accept Mr. Deer's invitation to be a contributor on this blog. I give him props for he is intelligent, articulate and clever. That said, how can one expect to win a fair debate when the host simply ignores the question and/or the facts? Nonetheless, I do appreciate your invitation and generous offer - thank you!

It appears Mr. Deer is willing to dedicate more time to trivial matters and discount the more pressing issues. Thus, the reason for my non-responsiveness to his June 1st post. Furthermore, because it seems we are unable to sway or be swayed, there is little incentive to continue this dialog. Accordingly, I hope to make this my final post here and return to the important projects I have neglected, i.e., chess camp, etc.)

With respect to your June 1, 2009 post, I admit to inadvertently naming Goichberg when I should have referred to Hall, at least, as it relates to the updates. That said, it is clear to me they both want Polgar out; possibly for smiliar and/or different reasons. Accordingly, it does not matter who you associate with the carefully worded updates; whether it is Hall, Goichberg or both. They have both done it, if not in Chess Life and USCF website, then in mail-outs and by other means.

Furthermore, I recognize and admit there are multiple parties involved (I refer to my use of the terms "gang" and "et. al."). My reference to "Goichberg" does not infer he is acting alone, but instead, refers to his role as leader (if not in plotting, at the very least, as head of the organization). Whether they are all on good or speaking terms with one another is irrelevant. Similarly, to portray them all as adversarial to each other or political opponents is misleading (I introduce Lafferty's withdrawn candidacy and subsequent endorsement of Goichberg as proof.). Anyone with an objective mind can clearly see they are all working to oust Polgar and Troung.

Regarding the updates, I submit the sum of some parts do not equate to the sum of the whole. Even those cases where we are receiving updates, they fail to provide critical information, thus, failing to meet the lower standard of the sum of some parts. I have always asserted they were "measured" but that does not mean they are complete nor accurate. Regarding the question of who filed first, we can continue to debate the merits of both sides, or not (I prefer the latter). The fact remains, June comes before August in the calendar and all the debate in the world will not change that. Shall we consider this point a draw and defer to the three different courts where this issue is now being considered?

In my view, Chess Life and the USCF website updates are incomplete and inaccurate because they fail to list all of the lawsuits (I understand there are at least seven suits), and if they are all listed, fail to provide critical information which members have a right to know. For example, they fail to mention the authority by which the two suits (CA and IL) were filed. They fail to mention Polgar and Truong's request and denial for indemnification, its abuse of process and violation of USCF Bylaws in said denial. The updates fail to inform of the alleged doctoring of evidence introduced in filed pleadings and the alleged bribery which may have been presented to the courts.

If, for no other reason, it is inaccurate because it misleads members into believing the four-day week was brought about by the Polgar suit. That is unfair, untrue and propaganda in its truest form. You asked about propaganda so let us begin with Merriam-Webster's definition:
Spreading of ideas, information, or rumor for the purpose of helping or injuring an institution, a cause, or a person; ideas, facts, or allegations spread deliberately to further one's cause or to damage an opposing cause.
Accordingly, the overt and covert actions by Goichberg, et. al., to harm, slander and portray her as the villian is inaccurate, unjust and in fact propaganda. I have received multiple mail-outs by Goichberg, the latest of which contained three full and double-sided pages of propaganda. Due to the length of this post I will only address two points from said mail-out.

  1. The second sentence of the fourth paragraph from Goichberg's letter reads, "Polgar has long insisted that the USCF investigation of misconduct by Troung be dropped and threatened a lawsuit should this not happen, and finally carried out her threat." Yet Goichberg's public statement issued Nov. 17, 2008 claims, "Ms. Polgar gave no advance warning of the lawsuit."
  2. The second point is derived from a full page with the following heading, "Statement by Randy Bauer". The fifth paragraph reads, "There have been a lot of misrepresentations about the state of the USCF. Susan Polgar's website has been the source of claims about the USCF financial condition that are at best only a partial truth. The USCF has, like many not-for-profit organizations, seen a decline in membership during this very difficult economy - families across the country do not have a as much mony to spend on recreational activities. That said, the USCF has run remarkably close to budget all year long on the revenue side and has held normal expenses in check as well. The single biggest financial issue the USCF has faced - and will continue to face - are lawsuits where the USCF and Susan Polgar are adverse parties."
Why is Bauer's statement important? It is carefully worded so as not to be caught in a lie and thus, his concession, "...are at best only a partial truth." Goichberg and Hall would have you believe all of Polgar's statements and deeds are false and evil. Secondly, he points to the failing economy as a contributing factor to the USCF's financial woes. Finally, and more importantly, Bauer concedes the "single biggest financial issue" are the lawsuits (plural) where "the USCF and Susan Polgar are adverse parties". Polgar's suit is sandwiched by the first and third suits filed by the USCF.

Now let me check the math; the USCF files two suits, Polgar one, and yet she is blamed for the financial woes? That is fuzzy math and logic. The organization's insurance indemnifies the USCF and board against the Polgar suit so the financial woes must have skyrocketed by the hundreds of thousands paid to the USCF's attorney for the suits (plural) they initiated.

As closure to the financial woes issue I submit two USCF forums posts; one made by "Artichoke" and the other by Goichberg:
"artichoke wrote:
Mike, as I said in another thread, we must not show weakness. At this time, to fail to develop a potential winning line of attack because of additional legal expense is penny wise and pound foolish in my opinion. If we can remove this cancerous presence on our EB, a member who is suing the USCF, we should have the operation even if it's more expensive than pain pills.

"chessoffice wrote:
Our lawsuit in Illinois appear a more promising way to remove both Polgar and Truong. A speciall meeting might fail to have a quorum, might fail to pass the desired motion even if there is quorum, and even if the motion passed there would likely be a legal challenge. Also, the suggested motion would not remove Truong. -- Bill Goichberg
I decline the bonus points, indeed all debate points, in exchange for you and others to open your eyes to what is happening. Lest I be accused of the same, I submit I do not agree with everything Polgar says or does. That is NOT reason enough, however, to defame, slander, intimidate, harass and goat her into a lawsuit. That was idiotic. Worst yet, filing the third lawsuit (second by the USCF) really takes the cake. Oh what the heck, the members will buy the BS and pay.

Plogar's courage, grit and determination should be applauded because she truly does have the best interest of the USCF at heart. As a regular member, tournament director and chess organizer, that is important to me and thus, the reason I have weighed in on this tragedy caused by the rogue board.

This post is lengthy enough I will not cover the other points as they are prima facie issues.

For those that truly wish to salvage what is left of the USCF, I challenge you to vote your conscious and be ready to withstand the intimidation and parliamentary maneuvers that will surely follow.

I have not yet received my ballot even though my neighbor received it last week. A coincidence? Possibly.

This political mess has permeated the USCF long before Polgar arrived on the scene and will continue if we allow it. The heavy lifting has been done but Polgar can not do it alone.

Insanity is doing the same thing over and over again and expecting different results.

Thank you for your indulgence and for taking action!

1 comment:

  1. Mr. Flores,

    I won't comment much on detailed points. If you find Wick's in-depth responses merely trivial and clever I doubt I can sway you. Permit me however, a few comments. You offer a draw on the point "who suit first" based on the filing of the John Doe lawsuit claiming it merely a pretext.

    Obviously, the USCF did not subpoena the records from Polgar at random. It subpoenaed them based on the fact that excerpts from those communications showed up on her web page. I take it that if your house was broken into and you see parts of your furniture in your neighbors yard you may want to question him or her how it got there. I don't quite follow your logic why you think it unreasonable that the USCF tried to find out who accessed their email communications without permission.

    One could question the wisdom of the move. After all, changing passwords could have sufficed to prevent further intrusion. But consider the practical implications. As in the example with the neighbor, how productive of an work atmosphere would you have on a board when you suspect your fellow board member snooping in on your communications?
    As Wick emphasized: The key is merit of the suit rather than chronology.

    You write: "That is NOT reason enough, however, to defame, slander, intimidate, harass and goat her into a lawsuit."

    I have asked (as well have others) this question before in various places and received no answer. Perhaps you can quote comments attributable to board members/USCF employees that fit the criteria of defamation or slander.

    I will stop here even though I could expand on various points. At any rate, I would like to thank you and Wick for engaging in a dialogue. I would appreciate it even more if you could link back to Wick's blog on your page so that readers have a chance to follow the complete discussion.

    Kind regards,