Wednesday, July 8, 2015

THE BRONZE SHOE - RMS: A SCAM FROM THE BEGINNING

Joke's on you Guam. We screwed you. - Lv Giuseppe & Kiko
I have taken very little personal credit for all the atrocities we have exposed on this blog, mostly because the data and documents were provided by others and all I had to do was post and comment on them. However, just for fun, I would like to take credit for blowing the whistle many months ago on the clandestine presence of the Board of Guarantors in the RMS Articles of Incorporation.

While Fr. Adrian and others continued to protest that RMS was fully under the control of the Archbishop and the Board of Directors, I continued to cry foul, demonstrating over and over again that Apuron was NOT in control of RMS, that the Board of Directors were mere puppets, and that Giuseppe Gennarini had reserved all power to the Kiko's.

When it was discovered this past January that Apuron had in fact deeded The Property to RMS four years earlier, it became even more clear why Gennarini and his neocatechumenal bullies had masterminded the corporate structure as they did: The Property is now fully in the control of, not RMS, but Giuseppe Gennarini himself.

Attorney Bronze spells this out in Section II of his opinion which you can read in full here. Below is the relevant section which I separated into paragraphs for easier reading and added emphases:

The establishment of the Board of Guarantors by this non-for-profit corporation calls into question as to how the Board of Guarantors are to be elected or removed from such position once he/she becomes a member of said board, as the bylaws do not address the election or removal procedures of such Board of Guarantors and neither does Guam law. 

Since Guam law does not recognize a Board of Guarantors* and in the absence of any provisions for the removal or election of such board in the articles or by-laws of RMHF, the Archbishop, despite being the sole member of the not-for-profit, cannot remove the members of the Board of Guarantors unless the Archbishop files for an application for the dissolution of RMHF.

Even the filing of such petition for dissolution has its own legal complications as 18 GCA § 5105 requires a majority of the board of directors or “other officers having management of the affairs of the corporations” to execute the application for dissolution.

In such a case, if the Board of Guarantors objects to the action of the board of directors or officers in relation to such possible dissolution application requested by the Archbishop, it could veto their action per Article X of the Amended Articles of Incorporation.

It is the opinion of the undersigned that the drafter of these organizational documents purposely and deliberately designed the structure of the organization so that the Board of Guarantors shall have veto power over all decisions including the decisions of the archbishop and his successors.

Thus, we are faced with the unusual practice of a separate, unelected, and un-removable board having veto power over a board of directors, the officers, and the sole member, the Archbishop of Agana and his successors.

*Attorney Bronze earlier demonstrated in Part II that Guam law does NOT recognize a Board of Guarantors in a corporate structure, ONLY the Board of Directors. However, the presence of a the Board of Guarantors is valid until a court invalidates Article X of the RMS Articles of Incorporation.


So there you have it. Just as we thought from the beginning. Apuron completely gave this deca-million dollar property to the Neocatechumenal Way since the RMS by-laws mandate that the Neocatechumenal responsible team for the United States always be a part of the board and can never be removed.

That Neocatechumenal responsible team is Giuseppe Gennarini, his wife, the Kiko-presbyter Angelo Poschetti, and guess who? Anthony Apuron personally! and NOT the Archbishop of Agana, Incumbent.


This means that even if Apuron should be run out of town, he, along with his Kiko-buddies, remain in control of RMS and will have authority over the next bishop in any matter relative to the running of RMS. That means, as I have said before, Apuron, as Archbishop of Agana, has deeded control of The Property TO HIMSELF personally and FOREVER!

And now, are you ready for this?

Gennarini cleverly structured the language of the Deed Restriction so that RMS does NOT have to operate as a seminary and can morph into any business he and Apuron want to run.

Check out the deed restriction again. Here it is:


Note that the Declaration does NOT say that RMS must operate as a seminary, ONLY that is for the USE of RMS and Blessed Diego Institute. RMS is a corporation. It can amend its articles to do anything its directors want it to do. In this deed Apuron did not guarantee that we would have this seminary forever. He only guaranteed that the property would belong to a particular corporation forever and to the Neocatechumenal responsible team that controls it, which includes HIM!

With this fact in mind we can now see that the rumor that RMS is talking to investors may be true. RMS is horribly in debt and hemorrhaging. There never was any long term way of keeping such a massive operation going on this tiny island. The directors are seeing the same writing on the wall that the former AFC is alleged to have seen: either sell the property or turn it into an income producing property and use the proceeds for the true betterment of the archdiocese.

Except now the property no longer belongs to the Archdiocese of Agana. All the proceeds which could have once gone towards the betterment of the diocese of the people who supported it for many years will now go to the crooks who, with their Apuron puppet, set up this scam from the beginning. 

Quoting again from Bronze:
"...the drafter of these organizational documents purposely and deliberately designed the structure of the organization so that the Board of Guarantors shall have veto power over all decisions including the decisions of the archbishop and his successors.
*****

Dear Rome:

This has now gone beyond the atrocities of just these local crooks. The Neocatechumenal Way would have no authority in our Church if not for the sanction you gave it. You (specifically the relevant congregation and/or dicastery) have the duty of policing it and calling them in when they abuse the faithful as they have done in Guam through the groveling willingness of their puppet bishop. In matters like this where the competency of the local Ordinary is so obviously compromised, the good of the local Church falls to you. Or has Kiko bought you too?

I'll leave it at that...for now.










42 comments:

  1. Didn't the donor say it had to be for a seminary?

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    Replies
    1. There is no condition for the return of the money if it isn't.

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  2. Many believe that Rome has sold out to Kiko...prove us wrong Rome.

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  3. Quote from a speech by Nancy Pelosi, Speaker of the House of Representatives several years ago: “But we have to pass the [health care] bill so that you can find out what’s in it....”

    There is a mindset in today's leaders that the people don't know enough to make decisions, to know what's good for them. Certainly there are those who are unaware, uninformed, uneducated, unwilling to learn, uninterested in current issues, etc. But there are many people ready, willing and able to use their talents and abilities to get things done.

    Did the archbishop and other church leaders read FULLY comprehend the legal documents? It is clear that the advice from the finance council and legal counsel wasn't followed. Whether it was done deliberately or unwittingly is irrelevant. The consequences are what we have to deal with. Fortunately there are people of good will who want to help the church get back on the right path.

    Let's continue to pray for guidance as we work to heal our church.

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  4. The sooner a civil lawsuit against apuron is filed, the sooner the mainstream media gets into the picture putting these cockroaches (apuron and company) in the spotlight locally (and maybe internationally?) which, as well know, cockroaches abhor. And if Rome does not want to be included in the glare, they may act, and act decisively, before "The News" breaks!

    I, too, will channel my Sunday contributions to the CCOG civil lawsuit fund.

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    Replies
    1. I have to agree with Anon 4:56. Unfortunately Rome does little to act until the media and legal system get involved. Little change was visible in the Archdiocese of St. Paul-Minneapolis until the media and the legal system picked up the words of the Tim Rohr of Minneapolis, Jennifer Haselberger.

      Rome could make twist the arm of the NCW and persuade them to do the right thing but will it? I have my doubts. In the meantime I will be appreciative of the laity that are willing to stand up for what is right, even if at an immense personal cost.

      http://www.npr.org/2013/10/24/240493190/abuse-allegations-leave-twin-cities-archdiocese-in-turmoil

      http://ncronline.org/news/accountability/editorial-2013s-person-year

      http://ncronline.org/news/vatican/archbishop-nienstedt-resigns-week-after-diocese-charged-failing-children

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    2. Rome can give Kiko and the NCW an ultimatum to return RMS or be booted out of the Catholic Church. How's that for arm twisting?

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  5. Tim.
    Should Rome take action regarding this situation is there any way that they could DEMAND that they return the title back to the Archdiocese? Or is this lost for good? such sadness....

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    Replies
    1. Yes there is a way. RMS can deed the property back to the Archdiocese of Agana. Both the Board of Directors and the Board of Guarantors would need to sign. According to the 2014 Annual Report, the current Board of Directors are:

      Archbishop Apuron
      Rev Pablo Ponce Rodriguez
      Danny Quichocho
      Susanna Juliana Jayasuriya
      Rev. Julio Cesar Sanchez Malagon

      The Board of Guarantors are:

      Archbishop Apuron
      Giuseppe Gennarini
      Claudia Gennarini
      Angelo Poschetti

      Very telling that aside from the bishop, there is only one local name

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    2. The bottom should read "Wanted for crimes against the laity

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  6. Rome, We understand your need to be very cautious and deliberate before any action is taken. After all, you have to make sure that any action taken must be fully vetted. On the other hand, the Catholic laity of Guam through Junglewatch and Concerned Catholics of Guam has done all the vetting and posted findings on the misdeeds and abuses reaped on Guam by the leadership of the Neocatechumal leaders executed by the Archbishop. Their action has permanently divided our Church that the Archbishop in my opinion has lost his moral authority to continue to lead us. We respectfully request your expeditious intervention. All that you need to do is to independently verify the charges leveled at the Archbishop and Genneris. I think that as simple as a statement coming from Rome, that you are in the process of investigating what is happening on Guam will be a welcome relief to the laity. We pray to the Holy Spirit to guide our Church out of this mire. Please hear our pleas to have this situation addressed.

    ReplyDelete
  7. Catholic World News - July 06, 2015

    Pope Emeritus Benedict XVI received an honorary doctorate on July 4 from the Pontifical John Paul II University of Krakow and the Krakow Academy of Music.

    The Pope Emeritus received the honor at Castel Gandolfo and paid tribute to Pope St. John Paul II as an exemplar of the combination “the joy of great sacred music” and “common participation in the sacred liturgy.”

    The Pope Emeritus recalled how the tradition of Mozart’s choral Masses in Salzburg helped him to encounter God and also recalled how he became familiar with the liturgical movement in seminary.

    Pope Emeritus Benedict continued:

    In the Constitution on the Liturgy of the II Vatican Council, [Sacrosanctum Concilium], it is very clearly written: ‘The treasure of sacred music is to be preserved and fostered with great care.’ On the other hand, the text highlights the actuosa participatio of the faithful in the sacred action as a fundamental liturgical category. Those two things, which in the text of the Constitution remain together and at peace with each other, were in the implementation of the Council, often in a relationship of dramatic tension.

    Significant areas of the Liturgical Movement believed that, in the future, there would be room for the great choral works and even for orchestral Masses only in concert halls, not in the liturgy. [In the liturgy], there could be space only for the singing and common prayer of the faithful. On the other hand, there was shock at the cultural impoverishment of the Church that would necessarily result from this. How to reconcile the two? How to implement the Council in its entirety? These were the questions that were particularly striking to me and to many other believers, to simple people, no less than to persons in possession of a theological education
    Reflecting on the nature of music, Pope Emeritus Benedict said that music flows from love, sadness, and an encounter with God. The greatness of Western sacred music-- “from Palestrina to Bach, to Handel, up to Mozart, Beethoven, and Bruckner”-- is “a demonstration of the truth of Christianity” and a manifestation of a “true encounter” with the Creator.

    Noting that the “great music of the Western tradition” was “not foreign to the liturgy” celebrated by St. John Paul II on every continent, the Pope Emeritus added that “we do not know what the future of sacred music will be, but one thing is clear: wherever the encounter with the Living God, who in Christ comes close to us, really occurs, there is born anew and arises anew the response, the beauty of which arises out of truth itself.”

    “I sincerely thank all of you, not only for the honor you have given me, but also for all the work you do in the service of the beauty of the faith,” he concluded. “The Lord bless you all.”

    Note: Pope Emeritus did not mention flamenco guitar music but sacred music.

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  8. This such a tragedy! Seriously, somebody's got to get arrested for this! This is a grand case of Theft by Deception against the Catholics of this island that donated hard earned money for the what Tony calls the "cause"!

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    Replies
    1. Meanwhile ...pompous ass presbyters parading around nose in the air.

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  9. Janet B - MangilaoJuly 8, 2015 at 9:45 AM

    Tim-

    Incredibly, the plot continues to thicken. How much more will Rome allow us to suffer under these dastardly thieves. Tony is a crook at the same level as Bernie Madoff, and the NCW is like Enron. This is just disgusting.

    There should be a class action lawsuit against Tony, David the Vicar General, Pius, Giuseppi, Claudia, Mario, and Kiko. Every Catholic on Guam, even the kikos that may still be Catholic, have been harmed and stolen from by these wolves in shepherds clothing.

    Every Catholic should start giving their weekly donations to CCOG so a lawsuit can proceed immediately. Any excess funds can then go to the parishes once Tony and his crew are in jail and a new administrator or bishop is in place.

    I, for one, will be filing a complaint with the AGs office as it is clear in my mind that a great fraud has been committed. I encourage all Catholics to also file a complaint..

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    Replies
    1. Great idea Janet, let's hit 'em from all possible angles. Archie and company will need to dig into their "golden parachutes" to avoid wearing orange prison suits.

      Delete
    2. Mary Lou Garcia-PeredaJuly 8, 2015 at 11:36 AM

      Janet at 9:45 AM, you forgot to include Adrian in your list. We can't let him off the hook, can we?

      I hope ALL Catholics will follow your suggestion to give their weekly donations to CCOG. Anyone who has been withholding funds from the AAAppeal can direct their donations to CCOG, too.

      May of the commenters have been clamoring for ACTION. Here's a chance to put your money where your mouth is, folks — do as Janet suggests and direct your funds to CCOG. The sooner we can fill the coffer, the sooner ACTION can be taken.

      Delete
    3. Remember the old typing exercise we all had to learn until it comes out as quickly as a speeding bullet. – “Now is the time for all good men to come to the aid of their party” - or am I the only “manamko” that remembers this?

      Well, this decrepit, “amko” is now urging every well-intentioned member of the One, Holy, Catholic and Apostolic Church in Guam, that…

      NOW IS THE TIME FOR ALL GOOD CATHOLICS TO COME TO THE AID OF THEIR CHURCH.

      Seriously, folks, if you are truly serious in wanting to right the wrong that has (and is) been done to our Catholic Church in Guam, then stand up –and do something about it! Don’t just sit back and say “Ai, adai, na ni-namaase! (Oh; what a pity). Get involved! Be a part (even though a small part) of the solution – else you are part of the problem. What can I do? For starters….

      •Get to know what’s going on (if you don’t already know). Get to know first hand; don’t just listen to rumors. Take time out to attend one of those CCOG (Concerned Catholics of Guam) village meetings. (There’s one tomorrow night - Thu, July 9 - at the Merizo Senior Citizens Center) and get to ask questions.

      •Get involved in the activities of the Catholics in your parish who are versed in what’s going on. They have civic as well as religious perspective they can share with you. Be involved.

      •Support the Concerned Catholics of Guam organization (CCOG, Inc.), an organization formed to act as a conduit to air out your concerns. CCOG is not there to tell you what to do; it is there mostly to listen to you. Support it in its aims to try to restore the faith and practices of our Church, and to try to protect the patrimony of the Church – which is currently at risk;

      •Support the CCOG financially (if you can) in the pursuit of its objectives;

      •Above all, PRAY. Be involved in the many prayer services that are happening in your parish – or in other parishes, if your parish does not have one yet.

      I know that I may be preaching to the choir by posting this comment, as many of you who are reading this are already doing what needs to be done. But you can do more – SPREAD THE WORD OUT! If you have to - copy-paste this message, and share it with your friends and relatives.

      For linkage and more involvement with the CCOG, you can contact the organization at:
      Concerned Catholics of Guam, Inc.
      PO Box F
      Hagatna, GU 96932
      671-727-3233
      greg@perezinsurancebrokers.com
      http://concernedcatholicsofguam.org/

      Delete
  10. Janet B - MangilaoJuly 8, 2015 at 10:02 AM

    Tony said to be booking reservations for flight to Holy Land for an extended visit with Fr Luis to see if prayers are working for him. Let's hope Tony returns in time for his fitting of an orange jumpsuit. That day is coming soon!

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    Replies
    1. Meanwhile, orange speedo. Swim in the Dead Sea. Does he really think he can bring Luis Lu- eye back here? Seriously?

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    2. Another costly trip at the expense of the Catholic people of this island!

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    3. Probably booking for the month of September. Gotta ordain new piss-biters in August. Probably taking his new toy of a buboy to Philly with him to see the Pope...then off we go together to the Holy Land. Maybe from there to see the Pope and tell his sob story with buboy holding the kleenex box. The final leg of the trip is presenting buboy to his fellow kubabayans (whatever country that may be) to celebrate his mass.

      Are OJ and Stud Muffin going? A scrapbook of photos need to be made....Korea, Manila, and the USA entitled " I Dodged the Security to see the Pope."

      Delete
  11. Why is Rome keeping quiet. Are they conferring, planning, and will execute when they have enough evidence? Seems Rohr has all the "docs' in order. Or is Rome ignoring Rohr?

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  12. as people have discussed before here, either apuron really was in cahoots, or he was too ignorant--nah, too dumb--to realize what he was doing, or his mind was not all there. this needs to end. justice!

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  13. So when will the local media report on the latest development of this issue. Now is the time since they are reporting about Bronze medals being won in Pacific games, we have our own "Bronze" news. The returning Nestor Licanto take action.

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    Replies
    1. For the secular media there is no news yet. When the CCOG takes action against Apuron -whatever that may be- then it will be news. So we're working on it.

      Delete
    2. Mary Lou Garcia-PeredaJuly 8, 2015 at 3:31 PM

      Anonymous (July 8, 2015 at 1:40 PM), the only people in the media I'm aware of who have been following this are Patti Arroyo on K57 (radio) and Jesse Lujan on The Buzz (TV). The print media hasn't caught on. But as Tim indicated, they will sit up and take notice when CCOG takes action. So we wait.

      In the meantime, I had been monitoring Patti's show since "The Bronze Shoe" was dropped. As luck would have it, there were so many other topics on Monday and Tuesday that I waited in vain to hear Tim. I wasn't able to listen for about an hour this morning and caught the tail end of Patti's conversation with Tim when we finally tuned in. I was hoping to hear the whole interview but it isn't up on the Sorensen website. Maybe it will go up later (I hope).

      Delete
  14. Fortunately, the online publication of the facts concerning the transfer of The Property makes it somewhat less likely that RMHF would attempt to quickly sell or lease it out to make a profit for the NEO.

    Any buyer or lessee may now be on notice about the potential fraud involved in the transaction.

    Thus, the potential buyer or lessee would have to factor in the likelihood of being embroiled in a lawsuit, and having to unwind the deal, less transaction costs, making The Property somewhat less marketable.

    Of course, “blog notice” is not as strong as a lis pendens. On the other hand, counsel is undoubtedly advising you that lawsuits are not necessarily the best solution to every problem.

    Taking the time to prepare, and secure far more than minimal funding, are essential. Time not only allows for better preparation, but reduces litigation risk and also allows opponents to see that the facts and the law are against them, thus enhancing the likelihood of settlement.

    This could also include neutral third parties and “mediators,” not to mention officials in the curia.

    Thus, keeping Rome informed is a sound policy. As has been your practice, you do not always need to immediately tell your loyal readers and supporters everything right away.

    Breathing room and staying out of the limelight can be helpful in providing those who need to face reality the opportunity to do so.

    Humans have an infinite capacity for self-justification and rationalization. Undoubtedly, many of the NEO opinion leaders may honestly not see that they have done anything wrong, that they have defrauded the people of the Archdiocese and imposed upon their charity.

    They may sincerely consider this appreciated property as a providential “fruit” of their missionary efforts. (!)

    Give them all due time to contemplate the error of their ways and make appropriate restitution in the form of the deed retro-transfer you have suggested.

    And if not, file suit when they least expect it.

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    Replies
    1. Really sound advise, however I think that their move to orchestrate the transfer of the RMS property to themselves was a plan hatched when the health of the Archbishop was in questioned. They wanted permanent title of said property and unfortunately had a weak bishop oblige their wishes. These people if they truly care for Apuron, can make amends, by returning the property back to the Archdiocese. The other option is that the laity will do all in their power to see that the property is returned to its rightful owner and will not stop at anything until this goal is accomplished. The true value of this unfortunate mess, is that the world is now being alerted of the scams and schemes of Kiko, Gennanri and the destructive nature of their presence. Sorry Archbishop, you do not belong to their league, you are only a worker bee, expendable and disposed of once you have outlived your usefulness.

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  15. Janet B. 10:02AM You reference archbishop looking into going off island. Hopefully not to run away and hide, supported by kiko!

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  16. Let's go ahead and have the island-wide rally. Maybe an appropriate day can be found and please again let's have it on a weekend. I think we have more than enough topic for speakers to talk about to make it a half-day affair. Topic one, Fr. Paul. Topic two, Msgr James. Topic 3, closing of museum. Topic 4, missing statue of Santa Rita. Topic 5, Aaron. Topic 6 and so on and on and the main topic. Giving away of the hotel. We can do it like a family picnic type with people bringing their own food. And we can wear our Katoliku tee and display our "I love the Church" sticker, put back the ribbons tied to our car antenna and probably another sticker that simply says "He gave it away." And let's keep stickers and ribbons on display even after the rally.

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  17. Do you really think it's possible that Gennarini limited his scamming to Guam, and that everywhere else he's been the angel of the New Evangelization?

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    Replies
    1. I [heart] rhetorical questions.

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    2. Chuck, you know the answers......did we cover the Malta, New Jersey and Antilles connection last year?
      Their policy is the one of the locusts.
      As a religious organization they do not have to go through all the checks and balances a regular lambda citizen, or business have to.
      Non profit organizations just have to show no profit.
      That allows them to pay themselves salaries, give special contracts to "friendly businesses", pay for all the expenses, travel, clothing, food, etc.... the list is exhaustive.
      This is the reason for the mushrooming of so many NGO all over the world.
      It is also a great way to launder money for whatever reason.
      Carmen, her Boyfriend and their "advisers" have been doing this for ever.
      That is why they can travel 1st class, and in Kiko's case, private jet and Helicopter.....you name it.
      It is hard to trace, this might be paid by one non profit in one case, and another in another case.
      Plus regulatory administrations all over the world think twice before looking into a "religious" organizations.... Lots of pressures can come your way, when you take that kind of risk.
      This allow also for a lot of wining and dining of "influential people".
      As you see, this is the perfect tool for a corrupting organization with global aspiration.
      BTW most of this started in Malta.....rings a bell?

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    3. frenchie, I think a revisiting of this "connection" is in order. Thank you.

      (btw, Chuck's answer is in blue.)

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  18. John C. Ada Toves TyphoonJuly 9, 2015 at 12:09 AM

    I call my crew

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  19. John C. Ada Toves TyphoonJuly 9, 2015 at 12:14 AM

    I will call Sinajana, Agat, Barrigada, Agana Heights. Santa Rita, and Malesso, and all other soldiers ready

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  20. Just wondering if someone is checking if AAA has change ownership of our "Churches, Real Properties, schools & etc." in Guam. In the past I know he has been mortgaging churches to get monies for other projects. How do we protect our church & parishes.

    ReplyDelete
    Replies
    1. Dear Anon at 9.06, this is exactly why Tim and the CCOG were pushing for organizing each parish in such a way that Archie could not do exactly what you are talking about,
      Ask Tim to post anew the very nice topics he covered earlier in this year.
      It is all here, just need to check.

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    2. This is another reason why we now need to be funding the CCOG. The Archdiocese is able to keep many things secret and it will take professional companies and persons to expose them. With funding the CCOG can retain a title company to identify all the properties that were and are supposed to be owned by the Archdiocese of Agana and order title reports to ascertain their current status. In soe cases, such as RMS, additional legal work will need to be done if encumbrances are found - such as the deed restriction. It's going to take money, and quite a bit. I would recommend that you start sending the money you are withholding from your parishes and the annual appeal and start sending it to the CCOG. The sooner they can fund these initiatives the sooner we can bring the law to bear on the bad guys.

      Delete
    3. Concerned Catholics of Guam
      P.O. Box 8647
      Tamuning, Guam 96913

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