Saturday, October 24, 2015

A "FRAUDULENT CONVEYANCE"??



  1. If motivated by an intent to defeat a known or anticipated tort claim, the transfer to the NCW would be a "fraudulent conveyance", at least as to those potential creditors, and easily undone in court.

    The absence of "consideration" by the NCW would be further evidence of this fraudulent intent.
CNMI Lawyer is replying to this comment:

  1. ....You removed the title of the seminary out of FEAR that you would be sued by a Sexual Abuse survivor. You play games with the Devil! Watch as God destroys your wicked way because instead of assisting the sexual abuse survivor that did come out, you transferred the property to another person's name just to "protect" and not disrupt your "games" of money laundering and human trafficking! God will destroy your wicked ways! Mark my word!
Towards the end of 2010, Senator B.J. Cruz introduced a bill to lift the statute of limitations on child sex crimes for a period of two years permitting victims of child sexual abuse to file suit against their abusers. I was intimately involved in the fight against the bill because I believed that it had been introduced out of vengeance for the Church's opposition to Cruz' domestic partnership bill. 

It was during this time - as I previously related - that I was called to the chancery and given a statement to read intended to discredit SNAP - which was visiting the island looking for victims of clergy sex abuse. As noted earlier, I had innocently asked if there was anything we had to hide. I was met with silence and I walked out. 

The legislative term (30th) expired at the end of 2010 and so did the bill. However, as one of his first orders of business in the 31st Guam Legislature, Senator Cruz re-introduced the legilsation as Bill 34-31. I continued my fight against it because I believed it unfairly targeted the church and particularly church assets. Dioceses in the states have had to liquidate millions of dollars in church property to pay damages to victims of child sex abuse after similar bills had passed.

Bill 34-31 was eventually modified to limit the liability for payment of damages to just the offender and excluded the institutions or organizational entities to which the offender might have been attached. I had been fighting to achieve exactly this and so I thought I had won. However, in hindsight, and as per the above comments, I can see that I missed something. 

Due to the personal nature of a corporation sole, the limitation protecting institutions and organizational entities may not have been applicable to a corporation sole. While a corporation or a government department might be protected, a corporation sole might not be since technically everything in the corporation "belongs" to the person incorporated - in this case the Archbishop of Agana. 

Should the Archbishop be sued, church property could possibly still be at risk. And since the Yona property was the archdiocese's most valuable single asset, and probably the only asset of significant value that could be liquidated (you can't really sell a church or school), it was probably seen as a wise move to remove it from the corporation sole to protect it (though this is illegal). 

Remember now, Pius has already told us that the initial plan was to transfer the actual TITLE to the property. The only reason the TITLE wasn't transferred is because the consent of the finance council could not be obtained and Apuron had to find a back door way of doing it, which he did later with the Deed Restriction. 

Knowledgable friends who studied the deed have told me that at first it looked like someone messed up - that the authors of the deed had mistakenly used words in the deed restriction that instead of just restricting the use of the property, they, in effect, gave it away entirely. However, upon further study, and especially upon review of the Bronze Opinion, it appears that whoever composed the deed knew EXACTLY what they were doing: they were transferring the TITLE. 

The plan to transfer the TITLE first surfaces on paper with the finance council agenda dated September 7, 2011. But the plan to transfer the TITLE had begun several months previously. According to those close to the discussion, the plan to transfer the TITLE was hatched while Apuron was in the states for heart surgery in the early part of 2011. This story from the Pacific News Center dated March 25, 2011 finds Apuron in California for an angiogram.

Senator Cruz's bill was signed into law on March 9, 2011. No one came forward during those two years. It was thought that whatever happened people just wanted to keep it to themselves. But lately another explanation has surfaced: the possibility of victims who had long since left Guam and knew nothing of this window of opportunity. I understand there may be another one. 

14 comments:

  1. Dear Mr. Rohr,

    If your blog was active then, victims would have had the courage to come forward. Your blog has galvanized many in the community to speak up and take action. The Church in Guam needs cleansing starting from the top, not because of what Apuron has done to Fr. Paul and Monsignor James, although said actions by themselves are grounds enough for his removal, but because of something more malevolent, of what he did to boys in Agat and in Agana. Apuron knows what he did and it is thoroughly despicable, disgusting, and criminal. On his own, he should step down. He has not. That is indicative of a depraved and sick mind. Let us pray that those boys, now men, will have the courage and strength to step forward so that the reign of evil be exposed and terminated. I implore everyone in Guam and elsewhere to come forward, at least to Mr. Rohr. He will find you safe haven and representation so that you can finally find justice, closure, and peace in your life. And let us pray that Apuron will finally be able to see through the darkness of his soul and to do the right thing, and that is to step down, terminate his priestly faculties, and repent to his victims. The Church in Guam will then be able to start healing her deep fractures of discontent and malevolence.

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  2. More reason for Rome to install a new Archbishop -- recovery of the Yona property would be under a new corporate sole and protected should the Guam legislature re-enact that piece of legislation providing for another window of opportunity for lawsuits to come forward. Brother Tony's personally amassed wealth however would still be on the table.

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  3. I'd protest everywhere tony goes on November 1st. ROME needs to see what is happening within the Catholic Church. Obviously these neos have seated themselves within the Catholic Church and it's like no one oversees what they preach and whether it's in line with what the pope puts out. We all know that people like Diana are CONSISTENTLY saying "it was approved by the pope", but where is the documents from Rome which approves what they say?

    We are all taught to just keep quiet and accept whatever the priest says or whatever tony says. No one has questioned it for so long because it was seen as disrespectful. The neos have been slowly building their cult within the church and have taken a huge advantage of the outpouring culture of the Catholics on Guam.

    Even one commenter on this blog has said that the Christian Mothers in malojlojo aren't asked to provide food or anything but do it from the kindness of their hearts. How insensitive is that coming from an anonymous neo commenter? But I guess their cult is truly to take advantage of people whether it be financially or through their custom.

    Even when they stand up during mass after the homily and publicly confess their personal lives and the drama they have. The parishioners just sit their and don't question anything during the mass because it would be disrespectful to do so. Tony on the other hand allows this as if it's part of the mass. He seems to back "PUBLIC HUMILIATION", just like he did with Monsignor James and Fr. Gofigan.

    Rome seems to be turning the blind eye at what's happening within the Catholic Church. Kiko and his pawns are taking advantage at the fact that no one in Rome is overseeing the Diocese or maybe they have a Neo already in Rome who is squashing all the complaints so that the Pope is never aware of it till it's too late and the Neo roots are far too huge to remove.

    The Neos seem to be invading the Catholic Church but why not just start their own religion if they aren't in line with the real Catholic Church? They have other religions that have built their OWN parishioners and have not invaded a particular religion to try and change their beliefs.

    All this is very sad and the world needs to put an end to these Neos. All that concerns these Neos are money and destroying the Catholic Church's beliefs.

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  4. Diana regurgitates fruit of Tumon Hotel Convivence! Roar - Two years of nothing.


    DianaOctober 24, 2015 at 6:35 AM
    Dear Anonymous at 6:01 am,

    They can keep talking all they want. They have been talking for two years and still have not accomplished a single thing. The Archbishop is still in charge and moving on. More priests are being ordained here on Guam. At the Beginning of the Year Convivence, some girls stood up to become nuns. There are about 6 girls from the Neocatechumenal Way on Guam who have become nuns. There are 60 families from Guam who went to Philadelphia to see the Pope on World Family Day.

    And Tim Rohr has accomplished nothing in the last two years.

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    Replies
    1. Hey Diana. 4 numbers. 4 letters. 1977. Agat. Check w Tony.

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    2. Check with me at my party. 4 letters, 4 numbers. 1977. Agat. It can be a game at my birthday party coming soon. It will be fun. Bye.

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  5. DianaOctober 24, 2015 at 6:35 AM..."The Archbishop is still in charge and moving on."

    In charge, yes. Moving on,Really? He left behind his "original flock" the Traditional Way and has moved on with the NCW!? Wow!

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  6. And LOL.do they really think the puny Apuron is my aim?

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    Replies
    1. Just for that , Mr. Rohr, you are not invited to my Birthday at the Hyatt. Have a friend bring me the 200.00 in cashee, though. Almost here. Bye.

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    2. This blog is about the illicit CULT called the NEO/NCW....We all need to focus of ridding this evil parasite from the Catholic Churches.

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  7. I have heard that the NCW goes to Papal visits (such as in the USA) not to see and be blessed by the Pope, but to be seen by the Pope. They need to prove their cult. WYD is hijacked by NCW. If NCW wants to really evangelize, let them sponsor all the other youth in Guam who cannot afford to go, and they stay behind in prayerful support.

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  8. No, Tony isn't, it is helping Qatar and the world rid the NCW from the Catholic church...let them start their own.

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    Replies
    1. Let's get the NCW cult out of the Catholic Church!! Let's get a worldwide petition going that respectfully makes our position clear that we REJECT the Neocatechumenal Way. Stop supporting the Neos and the businesses owned by the Neos!

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    2. There is no way to do this respectfully or with a petition. They have already shown us that's impossible.

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