HGABA swears they refunded raffle money, but still won't show records

Association submits affidavit to Texas Attorney General - offers no proof, just a promise and cross-my-heart-hope to die

In late 2004, the Hysterical Greenville Avenue Bars Association (HGABA) decided to hold a raffle - promising to give away a used Harley Davidson motorcycle to raise money for an unnamed charity. (link - HGABA faced legal action by Texas AG over phony raffle/Charity does not begin in the bars)

With the help of the Texas Attorney General's Consumer Affairs office, BD was able to shut down this phony raffle and prove it was just another dumb idea to help sell a used motorcycle and put more money in the pockets of the scumbar owners.

Now HGABA wants us to believe that all the raffle money was refunded without any hesitation or deduction. BD has the sworn affidavit, signed on Tuesday by current HGABA president Christy Deal (Sugar Shack), admitting they don't even know if all the money was returned.

And you wonder why people are having so much trouble believing anything a scumbar owner would say, let alone sign???

If you believe HGABA really truly refunded all the raffle money, BD has a butt-floss bridge over the Trinity River he wants to sell you.

The raffle was shut down because the scumbar owners made a few mistakes...

Big mistake #1 - Using the money raised in the raffle to pay for the prize before the unnamed charity got any money.

Big mistake #2 - Telling everyone the AG said your raffle was legal.

The sub-scam started about five months later. The scumbars did not remember BD was holding a ticket for the raffle. We posted it online (without the number, of course). The name and address on the ticket was legitimate, it was just not BD's.

By February 2005, the promised refund had not made its way home. Instead of asking the bars for the money, BD sent a letter to the AG's office asking them to find out what happened to the money, and for copies of any correspondence they had exchanged with the bars.

The AG sent a letter to the association's attorney, asking for some kind of proof - spreadsheets, receipts, notes on a bevnap, anything - to prove that all the funds (amount still unknown at this date) were in fact refunded.

By magic, a refund did appear in the mail shortly after the AG sent the letter. The association's lawyer ignored the AG, not even bothering to reply with any information.

He did this at least two more times over the course of the year. The AG would ask for some kind of proof, and the lawyer threw the letter away.

By late 2005, BD was getting a little ticked off. After reviewing the association's tax returns in 2003, he already knew any HGABA event was raising money for the benefit of the bars' advertising budget and not a real charity (link - HGABA operates unregistered nonprofit organization for its own benefit).

With the help of some very curious state officials, the AG was convinced to put the screws to the HGABA again.

After nearly three months of negotiations, association president Christy Deal signed an affidavit on Tuesday afternoon claiming all the monies raised had in fact been refunded. BD had a copy of the affidavit on Wednesday morning.

According to the affidavit - (see bottom of page for copy)

It is within my personal knowledge and it is my current belief that any and all monies related to said Raffle have been returned to the providers of same.

In the next sentence, she covers the association's collective butt just in case someone still has a ticket -

... if any monies from said Raffle have not been returned to the providers of same, of which I may be currently unaware, HGABA shall promptly return any such monies upon HGABA's receipt of written notice

Let BD ask the question that is on the tip of the tongue of anyone who can count to twenty without using their toes -

If every ticket sold had a matching stub kept by the association, why can't they simply count the number of tickets sold, figure out how many refunds were issued, and come up with a number that represents unrefunded tickets??

If selling beer is all they know how to do, then counting raffle tickets must be the equivalent of rocket science for these guys.

Don Nedler was president of the association when the raffle was held, so BD figures he took all the records with him when he abandoned Coconuts Bar last year to slither back to Deep Ellum. Christy and the association's current board have no idea how much was raised or how much was refunded, and probably never will. Since the AG's office doesn't prosecute the little stuff very often, the best they could do was get Christy to sign the affidavit with her fingers crossed behind her back while they closed their eyes and covered their noses.

As one legally-trained friend told BD -

This affidavit only covers Christy's butt. She's just saying that she has no clue of what happened last year and probably has no intention of wanting to know.

BD has a challenge for the HGABA: Cough up the records and show us how much money you kept. Then donate that money to a real charity (not yourselves).

Since we know that won't happen, BD has a better idea.

If you are still holding one of these raffle tickets, send it to BD. He will collect all the tickets, demand a refund (or an AG investigation if it's a really big number) and send the money to a legitimate charity.

By Avi S. Adelman under Neighborhoods , Legal issues