The Investigation of the Investigators!?             4-30-09

A week ago, it was brought to my attention that a secret E-mail had been sent by Randy Wheeless to 41 friends  of the local chess community. Needless to say, it seemed to be more of an effort to further tarnish the reputations of NM Leland Fuerstman and Tom Hales than to answer any questions which had been raised about the recent Scholastic Championship. There are many statements in his E-mail with which I do not agree. The first contradiction was the claim that Wheeless had "conducted the Scholastic Tournament for the NCCA?" Conversely, that is not what he personally reported to me or Tom Hales. This further demonstrates Wheeless' attempt to cover-up certain improprieties which transpired during and after the event.

In a phone conversation with Wheeless on or about March 27, 2009, he stated to me that "he personally accepted full responsibility and took all of the risk!" In a conversation with Past CMSCA President Cathy Taggart 2 days later, she stated, that "she had made a verbal agreement with Chief Organizer Randy Wheeless, who as a private individual, volunteered to be the sole promoter and accept full responsibility for all potential losses associated with this years event." (I assumed, therefore, that he would also keep any profit!?) And, finally, NCCA President Victor Beaman stated that "Wheeless told him he had accepted full responsibility."

So, why is Wheeless changing his story now? Some speculate that there may be other legal implications associated with the thousands of dollars of poorly or totally not accounted for money, ie. 30 free entries, free USCF memberships, early entries received at his home address, $50 late entries at the site, an unknown number of expensive team rooms, commissions from the sale of books and equipment by Thad Rogers, special discounts rendered, cash which he gave to parents to offset hotel expenses; none of which was properly accounted for on his balance sheet. Regardless, the statement which he made in his E-mail is diametrically opposite from what he told past CMSCA President Cathy Taggart, current NCCA President Victor Beaman and current Charlotte Chess Club President NM Leland Fuerstman.

If the Presidents of the NCCA and the CMSCA were acting according to proper procedure, they would have prepared a relationship agreement between all of the parties associated with the event. This agreement would have naturally described all of the terms and design of the event and defined the responsibilities of each party as well as the distribution of profits. It is my understanding that no such document has ever existed. In the absence of that, it becomes difficult to figure who is responsible for what? That is not the way non-profit organizations are required to operate.
 
In the NCCA Articles of Incorporation, IX. Special Provisions. Scholastic Chess it is stated that "...a scholastic chess committee of those parties interested in scholastic chess are charged with implementing scholastic chess in North Carolina ...the scholastic chess committee, with the advice and consent of the Board of Directors, shall be held responsible for organizing and running the scholastic championship set forth in this article." So, where is the documentation which "consents" to allow Wheeless to organize the event? The point here is that the current officers of the NCCA have probably never even read the Articles of Incorporation and have documented little to nothing since their election.

The idea that the Blake Hotel was confused about who or what organization was responsible for the event was directly related to how it was represented to them by Wheeless. The "Banquet Check" with "CMSCA" written at the top, which he claims he received from the Blake
Hotel included no company logo, no account number, nor address nor phone number listed and no hotel employee's endorsement? Yet, this was the only receipt which he presented to NCCA Secretary Treasurer Gerben Hoekstra, who promptly paid him $4,036?

In Wheeless' E-mail to his 41 friends, he dismisses our questions about the finances of the tournament and describes them as "just silly!" Just exactly what is "silly" about our wanting to verify a receipt for $4,036?
When an individual presents a credit card for payment, he is given a receipt to prove who he paid, for what reason, on what date and the amount of payment. It is my understanding that until today,
Wheeless has failed to produce his original credit card receipt from the hotel. However, when asked about that receipt by Tom Hales, Wheeless' answer was, "I believe I gave that to Gerben Hoekstra??!" But, Gerben Hoekstra denies ever having received it. So, where is it?

He has after the fact, however, presented other "pieces of paper with numbers on them" but not the original personal credit card receipt which he claims he received from the Blake Hotel? Had he simply presented his original receipt, you wouldn't be reading any of this now!

Yesterday, I received an E-mail from my old friend and colleague attorney Wilder Wadford who represents the NCCA. Basically, it indicated that during this "investigation" we were all asked not to make any public comments!? What seems to be confusing is that instead of investigating the possible improprieties of the Scholastic Tournament, I "believe" that the NCCA has paradoxically decided to investigate the investigators?

It came as a surprise for me to learn that both Tom Hales and I were "under investigation?" This seems to be somewhat of a comedy! Because, as of this day, neither I, nor Tom Hales have received any official communication of any kind, neither by certified letter, personal letter, E-mail or phone call indicating such. Hales stated that he was recently "told" by VP Newsom that he was under investigation (just after he had jumped through hoops in order to organize the recent NC vs SC event in Asheboro), but that no actual documentation was forthcoming. One would assume that if there were an investigation by the NCCA, the "committee" would promptly notify the person(s) in writing and explain the allegations and why they are being investigated? This would give the person(s) the opportunity to address the complaint by answering questions and defending themselves.

The fact is that Tom Hales and I have spent many hours communicating with people and gathering information relating to the Scholastic event. In my message, Scholastic Championship Investigation, a number of inconsistencies and contradictions left questions which have yet to be addressed or answered by anyone. On the contrary, if a committee were to call me forward, I would be happy to answer any and all questions about my knowledge of the Scholastic event... answers they probably don't want to hear.

VP Gary Newsom recently clarified that "he was just the 'point man' and that he himself was not doing any investigating?!" In a subsequent phone conversation, President Victor Beaman stated that "he was not involved in the investigation?!" So, just who are the investigators who are supposedly investigating Tom Hales and NM Leland Fuerstman? To my knowledge, no committee has ever been formed to investigate us nor has anyone ever contacted either of us!

But, if they were to, what they would discover is: NM Leland Fuerstman is a citizen of the United States of America, a resident of the state of North Carolina, a Past President and Life Member of the NCCA and a member of the NCCA Hall of Fame. Fuerstman exercised his First Amendment right of free speech to ask questions, verify evidence, and publish his findings. Every individual member of the NCCA should have the right to question and verify anything which goes on within this non-profit organization. Furthermore, any member should be allowed to observe all books, records or bank statements upon his request. The lack of "transparency" with the current NCCA administrators about which FM Chumachenko lamented translates from the Russian word "glasnost" which means "openness." In my 35 years of experience with chess in North Carolina, I am disappointed to say that the current NCCA officers have acted in the most secretive and covert fashion I have ever witnessed. There has been little if any documentation describing private meetings, discussions or votes taken behind closed doors. And, finally, "point man" VP Gary Newsom has continued to improperly carry out his duties in an unprofessional, biased and vindictive manner while denying responsibility for anything. According to NCCA rules, it is the President's responsibility to authorize the writing of all checks. My final question is, since President Victor Beaman denied that he authorized that $4,036 check to be written, then who did?

NM Leland Fuerstman