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| DAV BATTLES |
2 “Friend of the Court”, Brief in “Sworn Statement” form so
3 my Notarized signature will give weight to the factual
4 basis of the statements and information offered herein.
5 CREDABILITY
6 I spent a number of years in the National Security Agency as
7 an Operative and Analyst with Top Secret clearance and “cart
8 blanch” access. After joining semi civilian life on a medical
9 retirement I have spent the past 25 years in the ministry and
10 am now founder and C.E.O. of Glory to God United Ministries, Inc. (see E.P.1)
11 The people I am going to tell you about have tried to use the “still top
12 secret” work I did and the “cover story” still in place to discredit me. This
13 started when I started investigating and exposing their activities. My Doc’s
14 came from Senator McCain’s office as a result of his efforts, position on the
15 Senate Hearing Committee for National Security, and his bid for President of
16 the United States. I had Tom McCanna send my file rather than destroy it so I
17 have sealed envelopes mailed from Senator McCain’s office with the “chain
18 of evidence” in tact in case it becomes necessary to prove none of the
19 documents were altered by me nor were they forged by me. This is because
20 the perpetrators in this case and their friends have tried to negate my work
21 by making such false claims. One of their people wrote a true statement that
22 actually helps prove their assertions false and my representations true. He
23 said it violates Federal Law for a person to falsely represent ones self as
24 an Officer and/or an Agent of the United States. The next paragraph is my
25 proof validated by their statement and actions with the lack of any official
26 charges and/or prosecution.
27 From entry in 1966 until I wrote President Clinton in 1994 because I needed
28 surgery ‘due to a little worm commonly found in SE Asia’; I didn’t tell any
1 living being outside my “chain of command” were I went or what
2 I did from 1966 to 1972. I couldn’t even tell the Veterans
3 Administration and Hospital where I went or what I did so I
4 could get benefits and medical attention I desperately needed.
5 They say it was all declassified; but for those of us who were
6 in positions like mine it was not declassified. Officially we
7 did not exist. It violates the Geneva Convention Warfare Act
8 to send a spy to a war zone so we were never “officially” in a
9 war zone. If I told anyone I would have gotten my veteran’s
10 retirement benefits at Leavenworth. After I wrote President Clinton and he
11 sent my material to records correction and the V. A. my medical file has
12 “restricted access” and shows “Viet Nam service……yes”. Later, when Senator
13 McCain was running for President, knowing his other positions and influence,
14 I went to his office and showed them the letter and material I had given to
15 and gotten from President Clinton. Senator McCain’s office demanded all of my
16 documents and, undoubtedly, a new person sent everything we got without first
17 reviewing documents for errors in the “story”. We got documents that were
18 obviously altered by Intelligence personnel. The office made a copy for me
19 and I had them mail, rather than destroy, what they got when they figured
20 they no longer needed it. This way I can prove where my stuff came from and
21 who was responsible for the alteration attempts and successes.
22 From 1994 until this present day I have been representing myself as having
23 been a Major and a top Operative and Analyst and I have never been arrested
24 nor charged despite the fact that I have sent communications to Presidents,
25 Intelligence, FBI, and others. The perpetrators also documented the fact that
26 they sent their accusations and stuff to NSA, MI, FBI, VA, and a bunch of
27 others. They also published me on the internet as a fraud and got a one sided
28 article published in the Mesa Tribune. I later proved myself to Fox 10 and
1 they ran a story on the 9pm news on November 27, 2004. On the
2 5pm news they told people to tune in for the 9pm news after
3 the movie “Men In Black” and meet the real thing.
4 I have worked with the Produce and ‘foretold’ and analyzed
5 things for approximately 6 years, right after the “Trade
6 Center” bombing and pre 9-11. He wants to co-author my book
7 with me. If the court deems it necessary I have a suitcase
8 full of evidence proving my credibility.
9 FACTS
10 Because people know me to be who I say I am I get a lot of people needing my
11 skills and ethics to help them. I got involved because of complaints and the
12 like that kept coming to me. I outlined all of the initial involvement and
13 investigation in a (24) twenty four page report given to Department and have
14 attached it herewith as Part A P 1-28. It is incorporated by this reference.
15 Then Department Commander Jack Ware, his Adjutant Jay McDowell, Bob Gushy at
16 National and National Adjutant Art Wilson, and the Chapter perpetrators came
17 after me and those working with me. They were going to try an illegal
18 Article 16 to oust us and put us in the at large chapter. Then Senior Vice
19 Commander Phil Seward came and was instrumental in preventing this and we
20 thought he wanted to help get everything straight. Later we found out it was
21 only his move to take over the state group of perpetrators and an attempt to
22 make sure I did not find his past illegal activities. When I found out all of
23 the above and we tried to get National to do an impartial investigation they
24 came after us again and Phil Seward did an illegal article 16, denied all the
25 Chapter 8 officers, he went after, any due process by not issuing any facts
26 about the charges so we could not prepare any defense. In there own minutes
27 of the proceedings it shows Phil Seward, deeply involved, presided over the
28 “mock” hearing and would be the only one who would decide if information was
1 “credible”, “relevant”, “from a credible source”, “admissible”,
2 etc. What Phil Seward and others have done and why they are
3 going after us would have been the core of our defense so
4 his position was totally out of line and he sat steadfastly
5 the middle of a “conflict of interest”. He said my aproximate
6 700 page report and exhibits did not have the “who, what, why,
7 when, where, and how” required. After redoing it several times
8 I told him to take it as is or I would take it to the FBI. He
9 told our chapter Commander he would prosecute one of them and
10 let the others go. He didn’t even give us a one-page report on
11 the details of charges against us, not even a single sentence.
12 Toward the end he told me that the above is how he silences the opposition
13 and “railroads” people out. I have some of our conversations on tape. I think
14 I have enough to show I am telling the truth and nothing but the truth.
15 Phil Seward was the primary person responsible for doing the same thing to
16 the Kingman chapter and he is the one who benefited to the tune of over one
17 million dollars and his company owns, and rents out, the property.
18 He used people and “straw men” who would do exactly as he told them so as
19 to see to it that the property ended up in his possession and the bulk of
20 the profit in his bank.
21 The Judge Advocate was not allowed in meetings and the overall “modes
22 operendei” was identical to what they did and are trying to do to the real
23 Chapter 8, and their officers are willing to testify.
24 The same thing happening in New York and the same people at National covering
25 with the same kind of “cover stories” and “backing” was written about in the
26 New York Times by Kirk Semple on October 24, 2004. His Washington D. C. phone
27 number is 202-862-0300. National is trying to cover that portion of what is a
28 National crime syndicate stealing from Disabled American Veterans.
1 The lies and manipulations of the people at National and State
2 were making everyone very concerned as to what was going
3 on. The comments Phil Seward made to the Chapter Commander
4 Darl Packer, the Bungerts, Gary Metzger, and myself made it
5 very apparent he was trying to perform a “hostile take over”.
6 If he succeeded over 2000 Chapter 8 members would have nothing
7 and if he failed or only partially succeeded we would all have
8 a bunch of liabilities and bills no one could pay.
9 When the Department treasurer told me nothing could prevent us
10 from giving the Apache Junction store to the Auxiliary I looked up the laws,
11 by-laws, and Articles of Incorporation and reported the results to the
12 Chapter 8 officers and members.
13 The Articles of Incorporation were signed and approved by DAV Department and
14 DAV National and were/are known by them. Article 10 says that the officers of
15 the chapter can “buy”, “encumber”, “sell”, and “gift” “the property of the
16 chapter” and it doesn’t require the approval of National, State, nor that of
17 the members. The officers could only be voted out on the next election if
18 the members didn’t like what was done.
19 Our officers were in agreement that we had an ethical and moral duty to go
20 to the membership for a motion and vote on the recommendation of the
21 Executive Committee and Officers of the Chapter.
22 The group before this one had 15 to 20 members at meetings while this group
23 had circa 40 in attendance at every meeting. Notices were sent out to make
24 the meeting and help decide some extremely important issues. One list of
25 signatures was apparently lost or stolen. There is still evidence of 39 who
26 signed and voted in favor of what was done…not 13 as was stated by National
27 and ‘a bunch of members’ were NOT kept out as stated by National when the
28 officers of the chapter tried to appeal to the National Executive Committee.
1 They are using money and power to try and “bulldoze over the victims” and get
2 what they can call a legal win so it will help “cover their wrongdoings”.
3 This must be prevented and disallowed by this court using it’s power to force
4 full disclosure of all the facts and evidence. The discretionary power of the
5 court can prevent women and disabled veterans from being coerced into an
6 unjust settlement and it should do so.
7 The Equal Access to Justice Act was passed to give poor and
8 disabled people a fighting chance at achieving justice in
9 cases like this. Attorney Craig Henley originally said he
10 defend what the DAV Chapter and Unit people did for free. When asked if he
11 would suite National, Department, and the people involved if the Chapter and
12 Unit came up with $30,000.00 he and Denney Dobbins said they could and would.
13 After the money was given to them there was a second meeting at which time
14 Craig Henley told everyone that the $30,000.00 would have to be used for the
15 Defense because we would need expert witnesses. We asked if they could suite
16 if we came up with another $20,000.00 and he replied, “Oh, ya. No problem. We
17 could go after them then.”
18 After I gave him the tape recorded interview I made when I went to Kingman
19 and interviewed the Commander, Judge Advocate and another member he said,
20 “Now we can have some fun. WE HAVE THEM ON RICO AND FRAUD NOW!” He
guaranteed
21 me he was going after them ‘like a bulldog after a kitten’. I have seen very
22 little, if any, strength and now he says our Chapter and Unit people will
23 have to come up with $250,000.00 to $300,000.00. The attorneys should be made
24 to do as promised! Alternatively, the court should appoint a good “bulldog”
25 firm under the EAJA and let them investigate and start fresh and right!
26 If this case is investigated and developed properly Fraud and RICO will be an
27 obvious resulting “Guilty Verdict” on “the merits of the case”!
28 Phil Seward has made enough comments to me and others to “hang him high”. He
1 revealed information to me that lead to more than enough
2 information and evidence to secure a conviction against him
3 and others. I don’t have the finances, facilities, and
4 patience needed to bring this to pass. With an EAJA attorney I
5 could and would be glad to do so! My Life has been dedicated
6 to “truth and justice” and I have sacrificed family, my time,
7 emotional well-being, and parts of my body in the fight!
8 The true victims in this case need the help and power of this
9 Court!
10 I have documents and tape recordings Department and National want to keep out
11 of court! This is why their attorney set the Deposition for a time when the
12 AZ Management attorney would not be there and they knew he would file to have
13 me excluded as a witness, because he doesn’t know how much my testimony will
14 help his case, and if I didn’t show up because I was waiting for the court to
15 rule on my motion or a new time to rightfully accommodate the objection of AZ
16 Management’s attorney they would file the motion they filed and try to get me
17 removed. This is, as stated earlier, also why they waited until the last
18 minute.
19 The court should block this strategy and make time to hear and examine all
20 of my material and testimony. I am a 100% disabled veteran too so it will be
21 a longer process than with an able bodied person and I will need help with my
22 getting everything into the court room. I have 4 partially herniated discs
23 and I am missing a disc at c-2 – c-3 as well as having knee problems.
24 This needs to be an ex-parte brief and I would love to have an ex-parte get
25 together with your Honor and tell you everything that has transpired wit the
26 attorneys. It all has to be “ex-parte” because otherwise information will be
27 revealed that would help the perpetrators “duck and cover” even more than
28 they have.
28
1 Craig Henley promised me and others that he would investigate
2 and lay out the case according to the document I have wrote
3 and titled “A WINNING LEGAL ARGUMENT FOR THE AUTHENTIC DAV
4 CHAPTER 8, DAV UNIT 8, AND AZ MANAGEMENT”. It is attached
5 herewith as “Part B P 1-3: and it is incorporated by this
6 reference.
7
8
9
10 By my Notarized signature I, Noel T. Benoist swear to the fact that I
11 prepared this brief and attest to the truthfulness and accuracy of it.
12
13
14 Signed this 21st day of January 2005 by:
_____________________________________
15 Noel T. Benoist D. D.
16
17
18
19
20
21
22
23
24
25
26
27
28
3 my Notarized signature will give weight to the factual
4 basis of the statements and information offered herein.
5 CREDABILITY
6 I spent a number of years in the National Security Agency as
7 an Operative and Analyst with Top Secret clearance and “cart
8 blanch” access. After joining semi civilian life on a medical
9 retirement I have spent the past 25 years in the ministry and
10 am now founder and C.E.O. of Glory to God United Ministries, Inc. (see E.P.1)
11 The people I am going to tell you about have tried to use the “still top
12 secret” work I did and the “cover story” still in place to discredit me. This
13 started when I started investigating and exposing their activities. My Doc’s
14 came from Senator McCain’s office as a result of his efforts, position on the
15 Senate Hearing Committee for National Security, and his bid for President of
16 the United States. I had Tom McCanna send my file rather than destroy it so I
17 have sealed envelopes mailed from Senator McCain’s office with the “chain
18 of evidence” in tact in case it becomes necessary to prove none of the
19 documents were altered by me nor were they forged by me. This is because
20 the perpetrators in this case and their friends have tried to negate my work
21 by making such false claims. One of their people wrote a true statement that
22 actually helps prove their assertions false and my representations true. He
23 said it violates Federal Law for a person to falsely represent ones self as
24 an Officer and/or an Agent of the United States. The next paragraph is my
25 proof validated by their statement and actions with the lack of any official
26 charges and/or prosecution.
27 From entry in 1966 until I wrote President Clinton in 1994 because I needed
28 surgery ‘due to a little worm commonly found in SE Asia’; I didn’t tell any
1 living being outside my “chain of command” were I went or what
2 I did from 1966 to 1972. I couldn’t even tell the Veterans
3 Administration and Hospital where I went or what I did so I
4 could get benefits and medical attention I desperately needed.
5 They say it was all declassified; but for those of us who were
6 in positions like mine it was not declassified. Officially we
7 did not exist. It violates the Geneva Convention Warfare Act
8 to send a spy to a war zone so we were never “officially” in a
9 war zone. If I told anyone I would have gotten my veteran’s
10 retirement benefits at Leavenworth. After I wrote President Clinton and he
11 sent my material to records correction and the V. A. my medical file has
12 “restricted access” and shows “Viet Nam service……yes”. Later, when Senator
13 McCain was running for President, knowing his other positions and influence,
14 I went to his office and showed them the letter and material I had given to
15 and gotten from President Clinton. Senator McCain’s office demanded all of my
16 documents and, undoubtedly, a new person sent everything we got without first
17 reviewing documents for errors in the “story”. We got documents that were
18 obviously altered by Intelligence personnel. The office made a copy for me
19 and I had them mail, rather than destroy, what they got when they figured
20 they no longer needed it. This way I can prove where my stuff came from and
21 who was responsible for the alteration attempts and successes.
22 From 1994 until this present day I have been representing myself as having
23 been a Major and a top Operative and Analyst and I have never been arrested
24 nor charged despite the fact that I have sent communications to Presidents,
25 Intelligence, FBI, and others. The perpetrators also documented the fact that
26 they sent their accusations and stuff to NSA, MI, FBI, VA, and a bunch of
27 others. They also published me on the internet as a fraud and got a one sided
28 article published in the Mesa Tribune. I later proved myself to Fox 10 and
1 they ran a story on the 9pm news on November 27, 2004. On the
2 5pm news they told people to tune in for the 9pm news after
3 the movie “Men In Black” and meet the real thing.
4 I have worked with the Produce and ‘foretold’ and analyzed
5 things for approximately 6 years, right after the “Trade
6 Center” bombing and pre 9-11. He wants to co-author my book
7 with me. If the court deems it necessary I have a suitcase
8 full of evidence proving my credibility.
9 FACTS
10 Because people know me to be who I say I am I get a lot of people needing my
11 skills and ethics to help them. I got involved because of complaints and the
12 like that kept coming to me. I outlined all of the initial involvement and
13 investigation in a (24) twenty four page report given to Department and have
14 attached it herewith as Part A P 1-28. It is incorporated by this reference.
15 Then Department Commander Jack Ware, his Adjutant Jay McDowell, Bob Gushy at
16 National and National Adjutant Art Wilson, and the Chapter perpetrators came
17 after me and those working with me. They were going to try an illegal
18 Article 16 to oust us and put us in the at large chapter. Then Senior Vice
19 Commander Phil Seward came and was instrumental in preventing this and we
20 thought he wanted to help get everything straight. Later we found out it was
21 only his move to take over the state group of perpetrators and an attempt to
22 make sure I did not find his past illegal activities. When I found out all of
23 the above and we tried to get National to do an impartial investigation they
24 came after us again and Phil Seward did an illegal article 16, denied all the
25 Chapter 8 officers, he went after, any due process by not issuing any facts
26 about the charges so we could not prepare any defense. In there own minutes
27 of the proceedings it shows Phil Seward, deeply involved, presided over the
28 “mock” hearing and would be the only one who would decide if information was
1 “credible”, “relevant”, “from a credible source”, “admissible”,
2 etc. What Phil Seward and others have done and why they are
3 going after us would have been the core of our defense so
4 his position was totally out of line and he sat steadfastly
5 the middle of a “conflict of interest”. He said my aproximate
6 700 page report and exhibits did not have the “who, what, why,
7 when, where, and how” required. After redoing it several times
8 I told him to take it as is or I would take it to the FBI. He
9 told our chapter Commander he would prosecute one of them and
10 let the others go. He didn’t even give us a one-page report on
11 the details of charges against us, not even a single sentence.
12 Toward the end he told me that the above is how he silences the opposition
13 and “railroads” people out. I have some of our conversations on tape. I think
14 I have enough to show I am telling the truth and nothing but the truth.
15 Phil Seward was the primary person responsible for doing the same thing to
16 the Kingman chapter and he is the one who benefited to the tune of over one
17 million dollars and his company owns, and rents out, the property.
18 He used people and “straw men” who would do exactly as he told them so as
19 to see to it that the property ended up in his possession and the bulk of
20 the profit in his bank.
21 The Judge Advocate was not allowed in meetings and the overall “modes
22 operendei” was identical to what they did and are trying to do to the real
23 Chapter 8, and their officers are willing to testify.
24 The same thing happening in New York and the same people at National covering
25 with the same kind of “cover stories” and “backing” was written about in the
26 New York Times by Kirk Semple on October 24, 2004. His Washington D. C. phone
27 number is 202-862-0300. National is trying to cover that portion of what is a
28 National crime syndicate stealing from Disabled American Veterans.
1 The lies and manipulations of the people at National and State
2 were making everyone very concerned as to what was going
3 on. The comments Phil Seward made to the Chapter Commander
4 Darl Packer, the Bungerts, Gary Metzger, and myself made it
5 very apparent he was trying to perform a “hostile take over”.
6 If he succeeded over 2000 Chapter 8 members would have nothing
7 and if he failed or only partially succeeded we would all have
8 a bunch of liabilities and bills no one could pay.
9 When the Department treasurer told me nothing could prevent us
10 from giving the Apache Junction store to the Auxiliary I looked up the laws,
11 by-laws, and Articles of Incorporation and reported the results to the
12 Chapter 8 officers and members.
13 The Articles of Incorporation were signed and approved by DAV Department and
14 DAV National and were/are known by them. Article 10 says that the officers of
15 the chapter can “buy”, “encumber”, “sell”, and “gift” “the property of the
16 chapter” and it doesn’t require the approval of National, State, nor that of
17 the members. The officers could only be voted out on the next election if
18 the members didn’t like what was done.
19 Our officers were in agreement that we had an ethical and moral duty to go
20 to the membership for a motion and vote on the recommendation of the
21 Executive Committee and Officers of the Chapter.
22 The group before this one had 15 to 20 members at meetings while this group
23 had circa 40 in attendance at every meeting. Notices were sent out to make
24 the meeting and help decide some extremely important issues. One list of
25 signatures was apparently lost or stolen. There is still evidence of 39 who
26 signed and voted in favor of what was done…not 13 as was stated by National
27 and ‘a bunch of members’ were NOT kept out as stated by National when the
28 officers of the chapter tried to appeal to the National Executive Committee.
1 They are using money and power to try and “bulldoze over the victims” and get
2 what they can call a legal win so it will help “cover their wrongdoings”.
3 This must be prevented and disallowed by this court using it’s power to force
4 full disclosure of all the facts and evidence. The discretionary power of the
5 court can prevent women and disabled veterans from being coerced into an
6 unjust settlement and it should do so.
7 The Equal Access to Justice Act was passed to give poor and
8 disabled people a fighting chance at achieving justice in
9 cases like this. Attorney Craig Henley originally said he
10 defend what the DAV Chapter and Unit people did for free. When asked if he
11 would suite National, Department, and the people involved if the Chapter and
12 Unit came up with $30,000.00 he and Denney Dobbins said they could and would.
13 After the money was given to them there was a second meeting at which time
14 Craig Henley told everyone that the $30,000.00 would have to be used for the
15 Defense because we would need expert witnesses. We asked if they could suite
16 if we came up with another $20,000.00 and he replied, “Oh, ya. No problem. We
17 could go after them then.”
18 After I gave him the tape recorded interview I made when I went to Kingman
19 and interviewed the Commander, Judge Advocate and another member he said,
20 “Now we can have some fun. WE HAVE THEM ON RICO AND FRAUD NOW!” He
guaranteed
21 me he was going after them ‘like a bulldog after a kitten’. I have seen very
22 little, if any, strength and now he says our Chapter and Unit people will
23 have to come up with $250,000.00 to $300,000.00. The attorneys should be made
24 to do as promised! Alternatively, the court should appoint a good “bulldog”
25 firm under the EAJA and let them investigate and start fresh and right!
26 If this case is investigated and developed properly Fraud and RICO will be an
27 obvious resulting “Guilty Verdict” on “the merits of the case”!
28 Phil Seward has made enough comments to me and others to “hang him high”. He
1 revealed information to me that lead to more than enough
2 information and evidence to secure a conviction against him
3 and others. I don’t have the finances, facilities, and
4 patience needed to bring this to pass. With an EAJA attorney I
5 could and would be glad to do so! My Life has been dedicated
6 to “truth and justice” and I have sacrificed family, my time,
7 emotional well-being, and parts of my body in the fight!
8 The true victims in this case need the help and power of this
9 Court!
10 I have documents and tape recordings Department and National want to keep out
11 of court! This is why their attorney set the Deposition for a time when the
12 AZ Management attorney would not be there and they knew he would file to have
13 me excluded as a witness, because he doesn’t know how much my testimony will
14 help his case, and if I didn’t show up because I was waiting for the court to
15 rule on my motion or a new time to rightfully accommodate the objection of AZ
16 Management’s attorney they would file the motion they filed and try to get me
17 removed. This is, as stated earlier, also why they waited until the last
18 minute.
19 The court should block this strategy and make time to hear and examine all
20 of my material and testimony. I am a 100% disabled veteran too so it will be
21 a longer process than with an able bodied person and I will need help with my
22 getting everything into the court room. I have 4 partially herniated discs
23 and I am missing a disc at c-2 – c-3 as well as having knee problems.
24 This needs to be an ex-parte brief and I would love to have an ex-parte get
25 together with your Honor and tell you everything that has transpired wit the
26 attorneys. It all has to be “ex-parte” because otherwise information will be
27 revealed that would help the perpetrators “duck and cover” even more than
28 they have.
28
1 Craig Henley promised me and others that he would investigate
2 and lay out the case according to the document I have wrote
3 and titled “A WINNING LEGAL ARGUMENT FOR THE AUTHENTIC DAV
4 CHAPTER 8, DAV UNIT 8, AND AZ MANAGEMENT”. It is attached
5 herewith as “Part B P 1-3: and it is incorporated by this
6 reference.
7
8
9
10 By my Notarized signature I, Noel T. Benoist swear to the fact that I
11 prepared this brief and attest to the truthfulness and accuracy of it.
12
13
14 Signed this 21st day of January 2005 by:
_____________________________________
15 Noel T. Benoist D. D.
16
17
18
19
20
21
22
23
24
25
26
27
28
| BELOW IS THE COVER INFORMATION FOR WHAT WAS A PROPERLY FILED APPEAL TO THE NATIONAL EXECUTIVE COMMITTEE. |
S.E.C. – N.E.C. - & NATIONAL COMMANDER APPEAL
IN RE: CHAPTER 8 AND DEPARTMENT OF ARIZONA
COMPILED BY JUDGE ADVOCATE – SECA NOEL T. BENOIST
BY ORDER OF COMMANDER DARL PACKER AND SENIOR VICE COMMANDER LYLE EATHEN ALLEN
SUBMITTED:_December 23, 2003
IN RE: CHAPTER 8 AND DEPARTMENT OF ARIZONA
COMPILED BY JUDGE ADVOCATE – SECA NOEL T. BENOIST
BY ORDER OF COMMANDER DARL PACKER AND SENIOR VICE COMMANDER LYLE EATHEN ALLEN
SUBMITTED:_December 23, 2003
The attached material contains a time log combined with evidence and documentation as discovered. It exposes sexual harassment, theft,
fraud, the terrorist tactics of the GANG guilty of the aforementioned, and more. The latest harassment tactic used to try and intimidate
those who stand against the crimes and injustice perpetrated by the gang of people involved is that of filing frivolous lawsuits.
We are not trying to interfere with the judicial system nor are we recommending such. We are asking for an impartial and that total
investigation of past Chapter 8 officers and their associates; including past and present State Department officers of the DAV and
National past and present officers and their relationship with problems that have surfaced through this investigation.
The current DAV system is so archaic that it encourages and feeds sexual harassment, abuse of money and power, theft, discrimination,
and character assassination! Many years ago the military found itself in this position and formed the current procedure allowing an
entry-level E-1 private to log a complaint and have it investigated. If Military biased the investigation for the sake of the military name the
individual can complain to his or her congressman and senator. This created a double safety. The DAV has no safety because the State
Inspector and the District Commander have to get permission from the state Commander to investigate something brought to their
attention by lower echelon and/or members of the chapter. In addition to this the National DAV hears only the side of the state
Commander and politicians are more than willing to believe the state Commander because of the number of votes the Commander
represents.
We are asking politicians and news media to look into this matter and help us expose wrongdoing. We are asking the public to put
pressure on the politicians and see to it but a proper investigation is done on the local, state, and national level. The U.S. and state
Attorney General's can investigate while the court cases involving the thrift store and the DAV Chapter 8 membership deeding the
property to DAVA continue. These cases are frivolous at best and will undoubtedly be summarily dismissed and/or easily defeated. A
local investigation is being done by the Mesa Police.
The local chapter had a problem concerning the Past Commander who received sexual harassment complaints against him. The thrift
store management company was trying to handle the complaints internally so as to preserve the good name of DAV. We have been
pursuing this course with Chapter, State, and National DAV leaders having almost a year to do what's right! Noel Benoist was the first to
investigate what was going on. He, and others as they joined the investigation, suffered character assassination and false claims from the
opposition who were puppets of the Past Commander.
Gary Metzger was, at one time, a believer in the Past Commander and did everything the Commander said. He was placed in the office of
treasurer because his feelings for the Past Commander and no experience made him the perfect puppet as far as the Past Commander
was concerned. Through constant urging from Noel Benoist and Neil Rudd, the second member to investigate, Gary Metzger did his own
investigation and wrote "The Bungert Report". None of the group was able to get help from state or national officers. Past State and
chapter officers tried an illegal ousting of the leaders pushing for reform and justice. Their attempt was thwarted by maneuvers led by
Noel Benoist. A group of members came together and new officers were elected by a vote of almost three to one. This occurred June 6,
2003. The libel and slander against Noel Benoist and Gary Metzger started immediately. Libel and slander was already circulating about
the management company, the Bungert family, and Shirley Kosiski the Chapter Service Office Coordinator. When the Past Commander
was told to stay out of the thrift store due to sexual harassment complaints, his interference with inventory control, and missing money;
the Past Commander viewed these people as the troublemakers who might expose him.
Past Chapter and state officers tried to upset the election and put Chapter 8 on suspension to silence our voice at the state convention.
Their attempts and illegal moves exposed them enough so as to get new Department officers elected. A few of those elected still had ties
to the old group but they were all that was available at the time. Their influence has swung the state Department in the direction of old
habits.
In January of 2003 when Noel Benoist told the Past Commander in needed to step down and allow a proper investigation he was
threatened and the Past Commander refused with a statement that the thrift store was a store, he was the DAV, he was going to show
everyone who they're working for, and he would kill Noel Benoist if he persisted. Noel Benoist as a restraining order, order against
harassment, against the Past Commander and is seeking orders against the rest of the gang.
Past officers of the chapter and their friends have lied about Noel Benoist, perjured themselves in court, and published libel and slander
on the World Wide Web. This has encouraged others who like controversy to get involved and add to false claims and conclusions.
The package labeled "FOR THE RECORD" shows the false accusations against Noel Benoist. These accusations came from the
perpetrators of the wrongs done within the DAV and a few of their friends. It was furthered by outsiders who live in a world of "misery loves
company" instead of that of justice and trying to help their fellow man. The second packet contains the time log and evidence showing a
larger investigation is needed. Additional evidence and to recordings are available for review by those who seek the truth! The old gang
is using lust for power, politics, greed, character assassination, and lies to try to get back in power and continue their wrongs against DAV
members and families! It is high time to expose the deeds done in darkness and bring them to the light! On Memorial Day 2003 to past
DAV officers were seen shredding 6 barrels of evidence pertaining to DAV Chapter 8. A statement was made, "it looked like Enron". The
current Department Commander has confessed to various Chapter 8 officers that the past Department officers destroyed Chapter 8
records. WHY WAS THIS DONE if all of the past dealings with the State Department, National Headquarters, and Chapter 8 were legal?
fraud, the terrorist tactics of the GANG guilty of the aforementioned, and more. The latest harassment tactic used to try and intimidate
those who stand against the crimes and injustice perpetrated by the gang of people involved is that of filing frivolous lawsuits.
We are not trying to interfere with the judicial system nor are we recommending such. We are asking for an impartial and that total
investigation of past Chapter 8 officers and their associates; including past and present State Department officers of the DAV and
National past and present officers and their relationship with problems that have surfaced through this investigation.
The current DAV system is so archaic that it encourages and feeds sexual harassment, abuse of money and power, theft, discrimination,
and character assassination! Many years ago the military found itself in this position and formed the current procedure allowing an
entry-level E-1 private to log a complaint and have it investigated. If Military biased the investigation for the sake of the military name the
individual can complain to his or her congressman and senator. This created a double safety. The DAV has no safety because the State
Inspector and the District Commander have to get permission from the state Commander to investigate something brought to their
attention by lower echelon and/or members of the chapter. In addition to this the National DAV hears only the side of the state
Commander and politicians are more than willing to believe the state Commander because of the number of votes the Commander
represents.
We are asking politicians and news media to look into this matter and help us expose wrongdoing. We are asking the public to put
pressure on the politicians and see to it but a proper investigation is done on the local, state, and national level. The U.S. and state
Attorney General's can investigate while the court cases involving the thrift store and the DAV Chapter 8 membership deeding the
property to DAVA continue. These cases are frivolous at best and will undoubtedly be summarily dismissed and/or easily defeated. A
local investigation is being done by the Mesa Police.
The local chapter had a problem concerning the Past Commander who received sexual harassment complaints against him. The thrift
store management company was trying to handle the complaints internally so as to preserve the good name of DAV. We have been
pursuing this course with Chapter, State, and National DAV leaders having almost a year to do what's right! Noel Benoist was the first to
investigate what was going on. He, and others as they joined the investigation, suffered character assassination and false claims from the
opposition who were puppets of the Past Commander.
Gary Metzger was, at one time, a believer in the Past Commander and did everything the Commander said. He was placed in the office of
treasurer because his feelings for the Past Commander and no experience made him the perfect puppet as far as the Past Commander
was concerned. Through constant urging from Noel Benoist and Neil Rudd, the second member to investigate, Gary Metzger did his own
investigation and wrote "The Bungert Report". None of the group was able to get help from state or national officers. Past State and
chapter officers tried an illegal ousting of the leaders pushing for reform and justice. Their attempt was thwarted by maneuvers led by
Noel Benoist. A group of members came together and new officers were elected by a vote of almost three to one. This occurred June 6,
2003. The libel and slander against Noel Benoist and Gary Metzger started immediately. Libel and slander was already circulating about
the management company, the Bungert family, and Shirley Kosiski the Chapter Service Office Coordinator. When the Past Commander
was told to stay out of the thrift store due to sexual harassment complaints, his interference with inventory control, and missing money;
the Past Commander viewed these people as the troublemakers who might expose him.
Past Chapter and state officers tried to upset the election and put Chapter 8 on suspension to silence our voice at the state convention.
Their attempts and illegal moves exposed them enough so as to get new Department officers elected. A few of those elected still had ties
to the old group but they were all that was available at the time. Their influence has swung the state Department in the direction of old
habits.
In January of 2003 when Noel Benoist told the Past Commander in needed to step down and allow a proper investigation he was
threatened and the Past Commander refused with a statement that the thrift store was a store, he was the DAV, he was going to show
everyone who they're working for, and he would kill Noel Benoist if he persisted. Noel Benoist as a restraining order, order against
harassment, against the Past Commander and is seeking orders against the rest of the gang.
Past officers of the chapter and their friends have lied about Noel Benoist, perjured themselves in court, and published libel and slander
on the World Wide Web. This has encouraged others who like controversy to get involved and add to false claims and conclusions.
The package labeled "FOR THE RECORD" shows the false accusations against Noel Benoist. These accusations came from the
perpetrators of the wrongs done within the DAV and a few of their friends. It was furthered by outsiders who live in a world of "misery loves
company" instead of that of justice and trying to help their fellow man. The second packet contains the time log and evidence showing a
larger investigation is needed. Additional evidence and to recordings are available for review by those who seek the truth! The old gang
is using lust for power, politics, greed, character assassination, and lies to try to get back in power and continue their wrongs against DAV
members and families! It is high time to expose the deeds done in darkness and bring them to the light! On Memorial Day 2003 to past
DAV officers were seen shredding 6 barrels of evidence pertaining to DAV Chapter 8. A statement was made, "it looked like Enron". The
current Department Commander has confessed to various Chapter 8 officers that the past Department officers destroyed Chapter 8
records. WHY WAS THIS DONE if all of the past dealings with the State Department, National Headquarters, and Chapter 8 were legal?
NATIONAL WAS GIVEN ALL OF THE INFORMATION AND EVIDENCE LISTED NEXT.
A WINNING LEGAL ARGUMENT
FOR THE AUTHENTIC DAV
CHAPTER 8, DAV UNIT 8, AND AZ
MANAGEMENT
IF THE ATTORNEY STICKS TO THE ARGUMENTS HE SAID HE WOULD; THE OFFICERS OF CHAPTER 8 AND UNIT 8 WIN!!!!!!!
1. The articles of incorporation were signed and approved by State Department DAV and by National DAV.
2. The DAV Department of Arizona and National know, or reasonably should know the content of these articles.
3. Articles of incorporation number 10 says that the officers of Chapter 8 can…buy, sell, encumber, and “gift” any and all property of the
chapter.
4. The above requires no membership approval, no state approval, and no national approval!
5. Department By laws never required “prior approval”.
6. National by laws never required “prior approval”.
7. As a matter of what the officers felt was “ethical”; the officers took what they felt should be done to the membership meeting with 43
members present and the motion received a “unanimous” vote for approval except for Noel Benoist who was in the other room during the
vote.
8. Those who lied about the meeting, when they joined the State “hostile take over” effort, heard everything, asked questions, and knew
what they were voting in favor of.
9. The officers and members did what was done because the DAV Department and Phil Seward made it perfectly clear that the
Department was NOT going to approve another contract with the management company and National would stand WITH Department.
10. This was retaliatory, hostile, and without ANY MERIT or cause. The management company had passed approximately (7) seven
audits with “flying colors”. The chapter passed audits and an investigation, which found that “Past officers” had done wrong but new officers
had things going the right way.
11. Despite the entire above Department kept the chapter “under the microscope” with a determination to find something that would
allow a “take over” by Department.
12. Department Commander Phil Seward “ordered” Judge Advocate Noel Benoist to “look into the entire affair” and “stay on top of it”.
This order was never revoked.
13. When Noel Benoist did a good job and insisted on Phil Seward keeping his promises to “prosecute every one of those involved” the
newly elected Commander began his retaliatory actions. The Commander even made some of the perpetrators new officers. This was
something he had guaranteed he would never do.
14. Commander Seward refused to prosecute “all of the perpetrators involved” and pressured the Chapter officers to “forgive and
forget”.
15. Commander Seward insisted the reports of Noel Benoist did not have the “who, what, why, when, and where” required for
prosecution.
16. When Noel Benoist said he would take everything to he FBI the Commander tried to pressure the Chapter Commander and officers
into accepting the prosecution of only one of those involved, Lyle Monson, who Commander Seward later worked with and considered for
state office.
17. All of the above made Noel Benoist dig deeper and find the same thing had been done to Kingman, now owned by Commander
Seward, and similar actions had been taken against Payson, Apache Junction, and Verde Valley during a time of the group “perfecting” their
“take over procedures”. (This is fraud and RICO.)
18. The Chapter Commander and the Senior Vice Commander, in the Commander’s absence, ordered Judge Advocate Noel Benoist to
appeal to State officers, which is procedural and Commander Seward said it was the only proper method. When this fell on deaf ears Noel
was ordered to follow the National Appeal procedure and he did.
19. In retaliation, Commander Seward held a “kangaroo court” and charged the officers with violating the State and National by laws. He
gave them no information what so ever as to who, what, when, where, or why. This was so they could prepare no defense.
20. The “defendants” were given NO information until they were in front of the hearing officers.
21. The “very involved” Commander, Mr. Seward, had the Adjutant read the fact that he alone ‘would decide what information would be
allowed, what is relevant, what is credible’, etc.
22. Commander Seward had already informed Noel Benoist that this is how he makes sure he gets a “one sided case” heard and gets
the victory ‘he will not be denied’.
23. This was retaliatory, malicious prosecution, intended to create a hostile work environment, and denied them “due process”.
24. The current law suite is intended to intimidate, harass, apply duress, apply stress, and “push” the obstacles out of the way so Phil
Seward can add the property to the booty he has already gained by his illegal and unethical activities.
25. Testimony of people from the other chapters, testimony of those involved with Chapter 8, minutes of the meetings, and tape
recordings prove all of the above beyond any “reasonable doubt” which is far greater than 51% believability required for civil actions.
26. Rick Rechtien is the only auditor, originally endorsed and approved by DAV, who has seen all of the documents in order and un-
altered with none removed so as to portray a different view and opinion! (This “TRUMPS” ALL of the opposing, so called, expert witnesses
who saw only what Phil Seward and his accomplices wanted them to see!
Noel Benoist, as an outline of what his testimony and tape recordings will prove, prepared the above.
FOR THE AUTHENTIC DAV
CHAPTER 8, DAV UNIT 8, AND AZ
MANAGEMENT
IF THE ATTORNEY STICKS TO THE ARGUMENTS HE SAID HE WOULD; THE OFFICERS OF CHAPTER 8 AND UNIT 8 WIN!!!!!!!
1. The articles of incorporation were signed and approved by State Department DAV and by National DAV.
2. The DAV Department of Arizona and National know, or reasonably should know the content of these articles.
3. Articles of incorporation number 10 says that the officers of Chapter 8 can…buy, sell, encumber, and “gift” any and all property of the
chapter.
4. The above requires no membership approval, no state approval, and no national approval!
5. Department By laws never required “prior approval”.
6. National by laws never required “prior approval”.
7. As a matter of what the officers felt was “ethical”; the officers took what they felt should be done to the membership meeting with 43
members present and the motion received a “unanimous” vote for approval except for Noel Benoist who was in the other room during the
vote.
8. Those who lied about the meeting, when they joined the State “hostile take over” effort, heard everything, asked questions, and knew
what they were voting in favor of.
9. The officers and members did what was done because the DAV Department and Phil Seward made it perfectly clear that the
Department was NOT going to approve another contract with the management company and National would stand WITH Department.
10. This was retaliatory, hostile, and without ANY MERIT or cause. The management company had passed approximately (7) seven
audits with “flying colors”. The chapter passed audits and an investigation, which found that “Past officers” had done wrong but new officers
had things going the right way.
11. Despite the entire above Department kept the chapter “under the microscope” with a determination to find something that would
allow a “take over” by Department.
12. Department Commander Phil Seward “ordered” Judge Advocate Noel Benoist to “look into the entire affair” and “stay on top of it”.
This order was never revoked.
13. When Noel Benoist did a good job and insisted on Phil Seward keeping his promises to “prosecute every one of those involved” the
newly elected Commander began his retaliatory actions. The Commander even made some of the perpetrators new officers. This was
something he had guaranteed he would never do.
14. Commander Seward refused to prosecute “all of the perpetrators involved” and pressured the Chapter officers to “forgive and
forget”.
15. Commander Seward insisted the reports of Noel Benoist did not have the “who, what, why, when, and where” required for
prosecution.
16. When Noel Benoist said he would take everything to he FBI the Commander tried to pressure the Chapter Commander and officers
into accepting the prosecution of only one of those involved, Lyle Monson, who Commander Seward later worked with and considered for
state office.
17. All of the above made Noel Benoist dig deeper and find the same thing had been done to Kingman, now owned by Commander
Seward, and similar actions had been taken against Payson, Apache Junction, and Verde Valley during a time of the group “perfecting” their
“take over procedures”. (This is fraud and RICO.)
18. The Chapter Commander and the Senior Vice Commander, in the Commander’s absence, ordered Judge Advocate Noel Benoist to
appeal to State officers, which is procedural and Commander Seward said it was the only proper method. When this fell on deaf ears Noel
was ordered to follow the National Appeal procedure and he did.
19. In retaliation, Commander Seward held a “kangaroo court” and charged the officers with violating the State and National by laws. He
gave them no information what so ever as to who, what, when, where, or why. This was so they could prepare no defense.
20. The “defendants” were given NO information until they were in front of the hearing officers.
21. The “very involved” Commander, Mr. Seward, had the Adjutant read the fact that he alone ‘would decide what information would be
allowed, what is relevant, what is credible’, etc.
22. Commander Seward had already informed Noel Benoist that this is how he makes sure he gets a “one sided case” heard and gets
the victory ‘he will not be denied’.
23. This was retaliatory, malicious prosecution, intended to create a hostile work environment, and denied them “due process”.
24. The current law suite is intended to intimidate, harass, apply duress, apply stress, and “push” the obstacles out of the way so Phil
Seward can add the property to the booty he has already gained by his illegal and unethical activities.
25. Testimony of people from the other chapters, testimony of those involved with Chapter 8, minutes of the meetings, and tape
recordings prove all of the above beyond any “reasonable doubt” which is far greater than 51% believability required for civil actions.
26. Rick Rechtien is the only auditor, originally endorsed and approved by DAV, who has seen all of the documents in order and un-
altered with none removed so as to portray a different view and opinion! (This “TRUMPS” ALL of the opposing, so called, expert witnesses
who saw only what Phil Seward and his accomplices wanted them to see!
Noel Benoist, as an outline of what his testimony and tape recordings will prove, prepared the above.
| BELOW IS THE FRIEND OF THE COURT BRIEF FILED BY NOEL IN THE STATE DAV AGAINST THE CHAPTER CASE. THE ONLY WAY THE STATE COULD WIN WAS BY MAKING IT TOO EXPENSIVE FOR POOR DISABLED VETERANS TO KEEP UP; AND THAT IS WHAT THEY DID. STATE SQUANDERED CLOSE TO A MILLION DOLLARS DONATED BY A PERSON JUST PRIOR TO ALL THIS. THE STATE COMMANDER WAS A LEADING PERPETRATOR AND THE ONE WHO RAN AN ORCHESTRATED BY HIM AND FRAUDULENT DAV COURT AGAINST THOSE EXPOSING HIM. THEY PAID SALARIES AND COMPLAINED ABOUT EXPENSES REIMBURSED TO CHAPTER OFFICERS WITH CLAIMS THAT THE FUNDS WERE ILL GOTTEN - YET THEY HAD BEEN APPROVED BY NATIONAL AND IT WAS A LONG TIME PRACTICE FOLLOWED AND USED BY THE SAME PERPETRATORS WHO NOW CRIED FOUL. |
| THE KINGMAN CHAPTER AND OTHER CHAPTERS WERE WILLING TO TESTIFY TO THE TRUTH OF EVERYTHING WE WERE TELLING STATE AND NATIONAL OFFICIALS WHO SHOULD HAVE DONE THEIR JOB BY PERFORMING AN IMPARTIAL INVESTIGATION AND TALKING TO EVERYONE. UNFORTUNATELY, WHAT SHOULD HAVE BEEN DONE WASN'T AND PERPETRATORS PROFITED WHILE GREAT PEOPLE SUFFERED THE CONSEQUENCES OF THEIR CRIMES! ONE OF THE MAIN PEOPLE BECAME A MILLIONAIRE AND THREATENED THE NEWSPAPER WITH A HUGE LAW SUITE IF THEY PUBLISHED PART TWO OF WHAT WAS SUPPOSED TO BE A TWO PART STORY SHOWING THE OWNER OF THE KINGMAN CHAPTER PROPERTY WAS THE PERSON VERY INVOLVED IN CLOSING IT. |
| THE FOLLOWING IS JUST A SAMPLE OF SOME OF THE INFORMATION AND EVIDENCE THAT WAS SENT. |
| CHECK THE NEW POSTINGS AND PHOTO ALBUM! THEY PROVE MORE ABOUT LIES AND SLANDER OF POW NETWORK & FAKE WARIOR.COM! I BELIEVE THEY ARE A GOVERNMENT PAWN OR PAID FOR MISINFORMATION AND DISINFORMATION OR THEY ARE JUST SERVANTS OF SATAN! I FINALLY GOT A NEW COMPUTER AND SOME HELP ON FIXING AND WORKING MY SITE SO THERE ARE A BUNCH OF NEW LINKS ON MY HOME PAGE! THE "BOYS" TOOK SOME STUFF OFF AND I LEFT IT OFF BECAUSE I PROBABLY SHOULDN'T HAVE POSTED IT. MY MI INVITATION TO DEPLOYMENT IS ONE OF THOSE DOCUMENTS. IT GAVE TOO MUCH INFORMATION SO I APOLOGIZE TO THOSE WHO ARE SERVING AND ANY OTHERS INVOLVED BUT DOING THE JOB RIGHT. THE "INNER SANCTUM" AND THEIR PAWNS PUSHED ME TOO FAR AND I WANTED THEM TO KNOW IT! AFTER BLOWING THE WHISTLE FROM 1970 TO THIS PRESENT DAY AND SPENDING THREE YEARS FROM 1967 TO 1970 TRYING TO GET CHANGES FROM WITHIN - 43 YEARS OF THOSE TYPE BATTLES GOT TO ME FOR ONE MISTAKE. I DON'T THINK THAT IS A BAD RECORD BUT IT DOESN'T EXCUSE THE ERROR. I WILL BE MORE WATCHFUL AND I WILL CONTINUE TO TRY AND GET THE RIGHT JOB DONE THE RIGHT WAY! THIS IS THE ONLY WAY TO RESTORE OUR CREDIBILITY AND GREATNESS IN THE WORLD! GOD MUST BE MORE THAN SOMETHING TO HIDE BEHIND OR UNDER WHILE LUST FILLED MEN AND WOMEN DO WHAT PLEASES THEM INSTEAD OF WHAT IS BEST FOR OUR FUTURE. THEY CLAIM THE RIGHT REASONING BUT THEIR METHODS AND FRUITS SPEAK LOUDER THAN WHAT THEY SAY! HELP RESTORE AMERICA! GOD WILL BLESS AMERICA AGAIN WHEN OUR LEADERSHIP AND GUIDELINES AGREE WITH HIS WORD! |
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