The blog covers the period from December 17, 2005 - April 30, 2010. The information in this blog was brought over from my handwritten notes, various documents, and email accounts which transpired during this period.



Friday, October 1, 2010

November - December 2006 Notes

November 1, 2006

I took the week off so I could spend more time on the WAO case.   

Maritza told me her meeting with the WAO attorney, Mr. Alshire, was very interesting.  Mr. Alshire told her the WAO board of directors approved the $15k loan in December 27, 2005.  [Note:  December 27, 2005 was a WAO staff meeting where all the staff members signed false statements against me – it was not a board meeting].  I faxed Maritza a copy of the Emergency Board Meeting minutes (January 2006) and the agenda for this meeting.  I also sent Maritza an email from Carol dated December 29, 2006, responding to my request for an emergency board meeting.  In this email, Carol admitted that the WAO should have a board meeting before the end of the year, but decided to roll the meeting over to January 7, 2006 to coincide with the emergency board meeting I requested. 

From: Carol Asvestas
To: Kristina Brunner
Cc: kmax@texas.net ; mocoviejo@ ; smatthes@aol.com
Sent: Thursday, December 29, 2005 12:38 PM
Subject: Re: Emergency Board Meeting

Dear board members,

This meeting will be held at the WAO at 2pm on the 7th of January 2006 as requested by Kristina Brunner.

Sumner Matthes was going to fly down for the meeting, however due to flights and health reasons he will be attending via conference call.

The staff will all attend the meeting after the board has met to discuss organizational matters.

Although this meeting was called on an emergency basis, due to the fact that I had already called for a board meeting to be held the last week of  December, we will, now combine the meetings on the 7th and address the emergency issues prior to our usual board meeting.

Thank you all

Carol Asvestas
President/Director



Kristina Brunner wrote:

Greetings Fellow Board Members:

On January 7, 2006, 2:00pm at the Wild Animal Orphanage, I have called an emergency board meeting. 

Board members, board advisiors, and key staff are encouraged to attend this important meeting. 

Please RSVP.  Thank you and Merry Christmas to All....k


Kristina Brunner
Vice President
Board Chair Person
Treasurer

I also faxed over the December 27, 2006 staff meeting material. [Note: What I did not know at the time was that the “organizational matters” pertained to removing me from the Board of Directors and Sumner Matthes installed as the WAO’s new Vice President.  Before the end of the month, my name was removed from the WAO’s Board of Directors’ web page. ]

I sent an email to Melissa Story with a blind copy to the USDA and Maritza:
From: Kristina Brunner
To: mstory@tceq.state.tx.us
Sent: Wed, November 1, 2006 6:13:29 PM
Subject: Wild Animal Orphanage - Animal Pits


Dear Ms. Story:

Thank you for taking the time to speak with me yesterday.  When the WAO digs up the bodies, will your Office be present to see what comes out of the ground?  It occurred to me that the WAO will remove the bodies and then submit the requested dead animal report to your Office.  If the report is submitted after the dead animals are taken to an approved dump, there will be no way of knowing what really came out of the ground, and how many animals are actually pulled out.

According to the Talley Road loss addition, loss, and transfer report prepared on September 18, 2006, the following animals died this year and are presumably buried at Talley Road along with all the other animals I send you in a previous e-mail:

2 Gray Wolves (Pawnee & Blackie; shot after escape)
1 Rhesus Macaque (Rogan):  Born to Shawna  **
1 Longtail Macaque:  Born to ?  **
2 Stumptail Macaques (Extended illness and fighting - Vilas Troop)  **
1 Rhesus Macaque (Dexter - Fighting)  **
1 North American Black Bear (Duchess)
1 Chimpanzee (Amanda)
1 5-day old Llama
1 Javan Macaque (Gladys)  ***

**  There should be receipts for animal disposal with Steri-cycle in accordance with Bio-Safety Level 2 Procedures.  ***Just recently, the WAO started reporting animal deaths to Dr. Ehrlund and taking the animal bodies to her dog/cat clinic for disposal.

I sincerely hope your Office will be present when the pits are emptied.  Ms. Asvestas' attorney is making it known that no macaque has been ever been buried - that all animals were properly disposed by a third party.  Since I was present when the workers were discussing burying the dead Leslie Road Rhesus Macaques at the Talley Road property, I am concerned there may be a health risk involved if anyone tries to dug up all the bodies.

Again, thank you for all your help in this matter - I truly appreciate it.

v/r

Kristina Brunner
November 2, 2006

I spoke with Maritza today.  I had a feeling she was holding something back yesterday from our conversation – something important.  Maritza started off our conversation with a question:  Do you have an attorney and is he aware of what is happening at the WAO.  When I asked her why, she told me that during the interview with the attorney yesterday, Mr. Aleshire told Tanji and Maritza that he and Carol planned to sue me personally once all the investigations were over. 

I assured Maritza that I did have an attorney and that I have been keeping him in on the loop regarding this case. 

Maritiza then dropped a “bomb” on me – when Mr. Aleshire was questioned about the 2005 990 “$15k loan to Ron Asvestas” he became agitated.  Okay, I see that I’m getting a head of myself – first Tanji and Maritza asked if they could ask general questions about the WAO, such as how many animals were on the property – he said he did not know the answer to this question. 

So when Tanji asked him about the 2005 990 “loan,” Mr. Aleshire told them Ron Asvestas never received the money.  The 2005 990 was an “error” and it was only a “draft.”  He claimed this form was never sent to the IRS.  When pressed as to why the amount was even listed on the “draft” 990, Mr. Aleshire claimed he did not know why.  When asked why did Carol and his office send out the “error” 2005 990 to the general public, he boldly stated his office never sent out the WAO’s 990 and that Carol, out of the goodness of her heart sent it out but since they have until November 2006 to send in the final 990 and that it’s not late. 

Well, well, well, I guess he forgot the 2005 990 he personally sent out via email to Sue with the US Animal Protection, which clearly shows the “$15k loan to Ron Asvestas.”  Also, the same 990 was mailed to another person, Jan, in Colorado!  Question:  If this was truly just a “draft” as this attorney claimed, then why did the CPA sign the organization’s tax return, hmmm? N

Also, when asked about the reference made on the WAO’s website that the Talley Road facility was inspected annually by the Texas Health Department, Mr. Aleshire deflected the question by saying that the Texas Health Department worked closely with the WAO in the construction of the chimps’ and non-human primate enclosures.  When Mr. Aleshire was told that the Texas Health Department does not perform annual inspections at the Talley Road facility which was confirmed by the Texas Health Department’s public relations representative, Mr. Aleshire said this was not true and that Dr. Tull could confirm his story.  Maritza told me she tried calling Dr. Tull, but thus far has not returned her calls.

November 3 – 4, 2006

I received some good news today.  Adult Probation will not be sending anyone from their department to work at the WAO.  The possibility that the adult community service workers might be used to dig up dead animals from the 12x12 pits was simply too much for the Adult Probation.  Looks like the WAO workers will have to do the digging, unless Ron hires cheap labor for a few days.

I spoke with the IRS special agent asking general questions, like can a non-profit send out their annual 990s to the public without first filing the return with the IRS?  I was told yes, if the non-profit filed an extension with the IRS, then the organization distribute the 990 and follow-up with mailing in the return to the IRS.  The WAO can amend the 990 at any time.  The IRS does not normally penalize non-profits for late or amended 990s. 

I asked how can a potential donor know whether or not a loan was accepted an individual associated with the organization if one 990 says he accepted the “loan” and a revised 990 stated he did not?  The Texas OAG would have to take the time to trace the money.  The criminal division of the IRS will not take the time to trace the money because the amount is too small.  The special investigator reminded me that at least the WAO was trying to comply with federal laws and with various agencies watching the WAO, hopefully the directors will see the wisdom of following federal and state laws.

After we hung up, I pondered on his parting words.  Little does he know that the Asvestas have no desire to comply with federal or state laws and that despite all these agencies “watching the WAO”; the Asvestas will continue to find ways of diverting WAO to their own personal accounts and not towards animal feed and care. 

I called the CDC today and was referred to Dr. Tull.  I left her a voice message and while I was walking my dogs, she called back.  When I tried to call her back, she was out of the office, so I left another voice message – phone tag—she’s it!

I provided my attorney with a quick update on the WAO case.  He thinks I’m making good progress.

I spoke with Dr. Tull today and we had a nice long conversation about the WAO.  Apparently, the WAO attorney is claiming the WAO received permission to bury the dead primates at Talley Road, by the Texas Health Department!  I was told Mr. Aleshire also claimed the WAO is caught between two state agencies—“the TX Department of State Health and TCEQ."

Dr. Tull told me that she never told Carol she could bury dead animals at Talley Road.  Dr. Tull said she met with Carol to draft and finalize the Standard Operating Procedures on primate are and inspected the Talley Road facility just once with Dr. Pannell (USDA/APHIS).  Dr. Tull has not been to Talley Road in years.  I told her the WAO is starting to make positive changes.  Dr. Tull responded “yes, but for how long?”  She believes that only the media can make any lasting changes.  Dr. Tull told me that she suggested that Maritza study Texas HB1362 – Dangerous Wild Animal Bill and confront Animal Control.  She believes Leslie Road facility may be exempt from the bill, but Talley Road may not be exempt.  I agreed that this is probably the only way to get the WAO to comply with state and federal laws. 

Dr. Tull and I talked about Carol’s WAO website and Dr. Tull mentioned Maritza asked her about it too.  She said Carol can put whatever she wants on the WAO website and unless someone comes along and challenges the claims made, the false information will remain on the site.  We discussed reasons why Carol placed lies on her website.  We believe Carol falsely claimed the Texas Health Department helped with the construction and inspection Talley Road annually because she wanted people, wishing to place their animals with her, to think the WAO was a "reputable sanctuary".

I spoke with the USDA Open Records/FOIA today regarding the 2 CDs and the citation against the WAO  to be sent to me today.  I should receive the material next week.  I was told the remaining documents will be mailed to me as soon as possible.

I spoke with Leo today.  I explained the WAO situation and she wants to help by drafting a letter to the San Antonio Express News regarding HB1362.

Maritza called me today – something about a WAO fly over at the Talley Road facility?  This should be interesting – I wonder if they saw something of significance!

I updated Jeanette Ferro on the latest WAO case developments.  She has been a great supporter!

From: Kristina Brunner
To: AidForAnimalsInc@aol.com
Sent: Sat, November 4, 2006 1:56:32 PM
Subject: Re: Hi

Wow, we were both busy!

I also called the CDC and was directed to the Texas Health Department.  I spoke with Dr. Tull (TX Health Dept) earlier this year and so I called her again.  She said the only person who would know if there was a health risk to people would be experts in primates and dead bodies.  The WAO attorney told WOAI that the WAO had permission from the health department to bury the dead animals at Talley Road.  The health dept stated they never gave permission.  So now the lawyer is saying his poor client is caught between two state agencies (Health and Envirnoment)...I hear the violins...  Also, the WAO website states the Health Department helped them design the primate enclosures...  the State told WOAI - not true!  The State assisted with the SOP (Standard Operating Procedures) on what to do in case of an emergency and animal care and only visited the Talley Road site once.  It is now becoming very obvious that the WAO is trying to cover up all the dead animals.

So, I think WOAI will approach the City of San Antonio to find out what they are going to do with the situation out at Talley Road.

Adult Probation contacted me and let me know that no more Community Service Workers will be allowed to work at the WAO.  If the bodies haven't been dug up yet, then the WAO employees will have to do the dirty work themselves.  Hopefully, no one from the outside public will be exposed to any viruses or bacteria.  If the WAO workers refuse to help us, then there is nothing I can do to help them.  I just hope they are aware of the risks to their persons when these bodies are dug up....

On top of it all, the WAO is in the process of amending their IRS 990's.  Probably two to three years worth...  should be very interesting to see what comes out of that too.

The USDA is finally sending me my FOIA request -- should arrive by Wednesday.  This information will prove animals are being moved around without the public's knowledge -- therefore the sanctuary must comply with HB 1362 which states all animals must be registered and tracked.  We have a plan to get this into motion and force the WAO to comply with State law....

Finally, tonight I will draft my letter demanding an immediate inspection/investigation into the Talley Road facility before the bodies are removed...The USDA knows that Carol plans to move the bodies, but I want them to move on this now, before it is too late...

Thank you very much for all your inquires....the more people that know about this and look into the situation the better.  I was told by two people that Dr. Pannell and Carol are friends and the Dr. Pannell never really conducted "true" inspections of the facilities.  I've been told repeatedly that Dr. Pannell knows what is going on out there, but for some reason has turned a blind eye. I've been told that from now on more than one person may be going out to inspect the WAO facility.  I think this is a great idea and I hope the USDA will carry out this new plan.

US Animal Protection will be making more calls to the USDA on Monday, so between all these calls and letters we are all making, I think something positive will come out of all of this and the animals will be eventually protected.  

We are going to make a difference in the lives of these animals...thank you, Jeanette!

Kris 

AidForAnimalsInc@aol.com wrote:


I made quite a few calls today from the CDC to local agencies there in San Antonio.  No one but the Environmental Quality agency was interested.  The woman I spoke to just transferred from SC to San Antonio.  She said they recently has a similar situation regarding an animal sanctuary back in SC.  Even though her agency didn't do anything with that kind of situation....meaning the animal pit....her boss was very interested and was going to inquire around about it anyway.  The woman agreed with me that it made no sense for the Ag Dept to grant an extension on providing them with a list of the animals in the pitt while granting her permission to remove the dead animals before they list was turned in.

I made sure to let everyone I spoke to know that several agencies were in the process of investigations for different reasons and WAO was aware of it and was trying to cover their tracks ahead of the game.

I also spoke to Jim Scheurmann with the Ag extension.  He told me to contact Dr. Elizabeth Pannel (sp?).  I told him I'd spoken with her several times already and we didn't agree on things.  I told him about the tiger cub born from "the NJ tigers" sold to the AZ zoo and once an inquiry was made, the cub, the man who worked at the zoo and every trace of any cub simply disappeared.  I also told him about the conversation with Pannel and her swearing all the NJ cats were still at WAO.  I told Mr. Scheurman that I told Pannel that those tigers are not identified in any way and there was no way she could say for certain the tigers there now are the same tigers transported from NJ.  I told him that was one of WOA's ammos....to swithch animals passing them off as animals from other locations/rescues and no one could prove otherwise.

Scheurmann won't do anything about this, but he's another person who was made aware of the situation.

Did you find anything new today?

J
 

November 6, 2006

Letter to the USDA requesting an immediate inspection of the Talley Road facility:





November 7, 2006

I spoke with Maritza today.  I asked if she knew when the news story might come out.  She told me to watch WOAI at 10:00pm tonight!  The story "teaser" will be announced then.  Maritza asked if I remembered hearing her mention the helicopter fly over.  I told her I was curious, but wasn’t sure if she could talk about it.  Maritza said they flew over the Talley Road facility to film and take pictures of an area that contained large mounds.  The area nearby contained a lot of garbage.  The area she described near the old mobile homes, sounded like where Ron told me he buried animals, to include where a horse was buried.  Maritza told me the pictures were sent to TCEQ for comment.  I was also told the same photos were sent to the WAO’s attorney and was asked if he could explain what was in the photographs.  Apparently, the WAO attorney said he would need to speak with Carol first and then call her back. 

Before I left work for the day, I spoke with Cliff to let him know about the WOAI news story airing tomorrow.  He said he was relieved that the story came out after the County elections.  He told me he hoped the story helps the animals and wished me luck.  Cliff thanked me for letting him know about the news story in advance.

I spoke with Lynn and informed her when the news story was supposed to air.  I asked Lynn if what Linda told me was true about what Carol Asvestas supposedly did while “volunteering” at WRR.  She asked me what I heard from Linda, so I retold the story conveyed to me – Carol Asvestas brought a baby bird to WRR asking what she needed to do to save the bird.  I was told Lynn described in great detail what would need to be done to save the bird.  Carol supposedly did not agree with the instructions and rather than leaving the bird with Lynn, Carol chose to snap the baby bird’s neck.  I was told that Lynn demanded Carol leave the property.

Lynn told me when Carol arrived with the baby bird, she asked for Lynn, wanting to know what she should do with the bird.  Lynn said she told Carol that the bird should be returned to the nest or she should build a substitute nest so the mother bird can continue to care for the baby.  In the event the mother did not return to care for the baby bird, raising the baby would be a difficult process.  Carol apparently did not like what she heard so she snapped the baby bird’s neck.  Lynn said she told Carol to leave the property and to never return again.

Lynn mentioned Carol did more heinous things to horses and suggested I contact Jeannie with Brighter Days.  Also, she believed Carol’s wildlife permit was not renewed over 20 years ago with the Texas Parks and Wildlife.  Apparently, animals were removed and taken to WRR (which explains Carol’s dislike for WRR).  I asked her how she could stand knowing what Carol was doing to animals in San Antonio, so close to her own sanctuary.  She said she focuses on her organization and refused to be drawn into Carol’s world.

Lynn mentioned she had to sue Carol just to keep her from using the Wildlife Rehabilitation Center name – the records are on file with the Bexar County Clerk’s Office. (Later:  I was able to pull the records and I have them in my possession)

I almost forgot!  I spoke with Sissy Sailor today (she was the PETA attorney for the PPI case).  She sounded interested in the WAO case.

I sent her a brief email with the names of the “players.”  She was on her way to Austin for the PPI case.

I just saw the “teaser” to tomorrow’s WAO story on WOAI!!  I saw a few of the WAO animals – I miss them very much.  I tapped the teaser – it was very good!

Also, Dawn called – she spoke with Dr. Ehrlund.  Apparently she told Dawn that she is the WAO’s primary vet and she visits the WAO facility at least once per month and sometimes on a weekly basis (what, to kill more animals?).  Dawn said Dr. Ehrlund was not happy about the call she received from Dawn, but she answered her questions any way.  Dawn even has this conversation on tape!  Dawn said she would email me the taped conversation.  She also plans to call Dr. Henry and Dr. Lambert offices to ask them the same questions she asked Dr. Ehrlund.  She tried speaking with Dr. Henry today, but he was unavailable.  The person who answered the phone said Dr. Henry was the primary vet for the WAO.  Interesting.  Dawn plans to call back Dr. Ehrlund to find out how long she’s been visiting the WAO on a weekly/monthly basis.  Did she conduct “free” visits and are there any inspection records on file?

November 8, 2006

I need additional legal help from a top-notch animal lawyer!  It was suggested I contact Sissy Sailors (PETA attorney in the PPI case) to see if she could help me.
From: sissy sailors
To: Kristina Brunner
Sent: Wed, November 8, 2006 3:16:06 PM
Subject: Re: Wild Animal Orphanage

334 W. Mistletoe....right on the corner of San Pedro and Mistletoe, behind a place called Las Salsas...

Kristina Brunner  wrote:

I would love to come in tomorrow around noon - what is your address?

Kris

sissy sailors <ssailors@sbcglobal.net> wrote:

Kristina,

Can you come in tomorrow (Thursday) around noon? We'd love to meet with you and see how we can help.
Sissy

Kristina Brunner wrote:

Dear Ms. Sailors:

Thank you very much for speaking with me regarding the WAO case.  My apologies in the delay to send you this e-mail.  I just got off the phone with the media -- I just learned some more disturbing news regarding the large animal pits at the Talley Road facility which I can discuss with you whenever you have a free moment.

Here are some of the main players in this case:

Samuel (Sam) Adams - My attorney - 269-6339

Operated by Mr and Ms Asvestas (Carol and Ron)
688-9038

Texas OAG
James L. Anthony
512-475-4178

Chris Krhovjak (Investigator)
512-475-4175

USDA
Robert Gibbens, DVM
970-494-7461

Texas Commission of Environmental Quality (TCEQ)
Melissa Story
490-3096

Dept of State Health Services
Dr. Catherine Tull
830-278-7151 ext.4382

I have to go back to work...running late...please feel free to contact me any time on my cell or home phone number (647-1789).

Again, thank you!

Kristina Brunner

Jerry said an employee called him and said she saw me on tv today!  I called Maritza, concerned I missed the story.  She told me the employee saw another teaser aired during the morning news.  Maritza said I can be seen for 9 seconds (too long!!) during the story which is about 3 ½ minutes long.

Maritiza told me the details of her tour at the WAO yesterday (account which follows); that the WAO attorney told her she could not interview the WAO employees, but agreed she and the camera person can tour the facility.  Terry Minchew conducted the tour, telling them she worked at the WAO for about one year. 

When the tour arrived at the cage Jake (white crowned mangabey) lived, it was empty.  Maritza asked about Jake whereabouts and Terry told her he was moved so the WAO could find a home for him with other mangabeys.  Terry mentioned PPI had two managebeys and alluded Jake might join them or would be relocated to a place where other managebeys lived so he would not be alone. 

When the tour reached the “Cat Haven” area, it was empty.  When asked about the cats that lived there the last time she visited the tours, Terry told Maritza that the WAO cats used to be housed in Cat Haven, but it has been empty for a while.

Maritza told he the WAO attorney contacted her later that day and told her that Carol has heard that I have been telling people Jake was dead and if WOAI repeats this story, then she can “share a chair with Brunner in court.”  Alshire told Maritiza that Jake was alive.   The WAO attorney also said no animals have lived in the old Cat Haven building in a very long time and the WAO plans to tear down the blue building and replace it with a steel building.

Maritza told me she thought this conversation was very strange – including the threat.  I told her that I’ve never told anyone that Jake was dead for I knew he was moved to Talley Road and believed he was living in another small metal cage, alone.  As to the old Cat Haven building, I was surprised he made this comment too.  Maritiza had to go, so I emailed her with the WAO’s Cat Haven web link and a reminder that hurricane cats lived in the old blue building and dogs, wolf-hybrids, and cats lived in the small pens adjacent to the building.  Where did they all go?

After reflecting on the WAO’s attorney’s strange comments, it hit me that Terry must of conveyed to Carol the interest shown by Maritza regarding Jake and Cat Haven.  Carol then must have spun a tale to the attorney, resulting in the strange telephone conversation with the WOAI producer.

I found Jake’s former owner from Beeville.  I wish she could save Jake before it’s too late.

[Much later:   Jake was relocated to a small squeeze-back cage at the Talley Road property.  He lived in this cage until a large enclosure was built for him.  Jake died alone at the Talley Road property, November 29, 009.  You can read more about Jake in the “Let Your Heart Take Courage” blog (November 29, 2009)]

I saw the teaser ad again at 6:00pm.  I look old, tired, and very sad.  What has happened to me? 

My truck was damaged today by a large truck with lots of soil in the dent.  Also, last night as a car was taking the turn behind my house, I heard someone yell “….you’re gonna die.”  I could hear the last part as the small car accelerated down the street.  Since it dark, I could not make the vehicle or the license plate.  Oh great…it begins.

I saw the news story!  It was great!  I received calls and emails from those interested in this case.  Spent some time responding to the emails and calls.  Wow!  I was blown away when I saw the animal burial pits on TV.  The aerial shots were great!  And the WAO attorney was obviously lying as you could see sweat beads on the side of his face.  I heard his office was well air-conditioned so there should have been no reason why he should have been sweating—unless of course he KNEW he was lying to the public [which he did, of course].

Here is the news video and written story:


Last Update: Nov 9, 2006 6:36 PM
Government Agencies Investigating Local Animal Sanctuary 
Posted By: Laura Berryhill

Their job is to protect wild animals, but the News 4 WOAI Trouble Shooters are breaking news of a local animal sanctuary under investigation.
Over the years, the Wild Animal Orphanage in northwest Bexar County has rescued many animals from certain death. Now, that facility is being investigated by at least two powerful agencies, one looking into possible violations of the Animal Welfare Act. "Mistakes are probably being made," said Kristina Brunner, a former board member at the Wild Animal Orphanage.
Brunner volunteered at the animal sanctuary for ten years, until she saw something she couldn't believe. Brunner says she snapped several pictures last December, when there were freezing temperatures in San Antonio. The photos show small cages with monkeys inside, a wet concrete floor, and plywood leaning against the cages to keep the freezing winds out.
"I even told one of the workers, this monkey is not going to survive if he doesn't get heat right away," said Brunner.
Brunner claims some of the monkeys subjected to those conditions later froze to death.
"How many of the monkeys froze to death?" asked News 4 Trouble Shooter Tanji Patton.
"I have records showing over five," said Brunner. "But five, for sure, died."
Outraged at what she saw, Brunner left the board and filed a number of complaints against the sanctuary. Both the state and USDA are now investigating.
Carol Asvestas, who runs the orphanage, denied our request for an interview. She referred us to her lawyer, Bill Aleshire. He calls Brunner's allegations "outrageous and vengeful."
"(There were) deaths of five monkeys in the course of about a week when he had freezing temperatures," Patton stated to Aleshire.
"I don't know what the conditions of those monkeys were," responded Aleshire. "And I don't know that these monkeys were in those cages. Neither do you."
Aleshire later admitted the monkeys died, but not from the cold or the conditions. He said they all had blankets and were suffering from other health problems.
Late Wednesday, the Trouble Shooters received some inspections performed by veterinarians affiliated with the Wild Animal Orphanage. They show the animals' conditions to be adequate for South Texas winters.
News 4 WOAI traveled to another wildlife refuge in Kendalia, to compare how that location protects animals from the cold.
"You have to do heat checks," said Lynn Cuny, who operates Kendalia's Wildlife Rescue and Rehabilitation.
Cuny told us, when it is cold outside, the animals stay warm inside heated buildings.
The city of San Antonio appointed Dr. Craig Brestrup to temporarily run the city pound during the summer. He is currently Director of Development at Wildlife Rescue and Rehabilitation.
Trouble Shooter Tanji Patton showed Brunner's photos to Brestrup.
"Obviously, there's a lot of space between the plywood and the cage," commented Brestrup on one photo.
"If these are, in fact, the cages the way they were during the nights it froze back in December, was that adequate protection for those animals?" asked Patton.
"Would you or I like to be in there if it was freezing?" replied Brestrup. "No, there's no way in the world that could be adequate."
While the USDA investigates the monkey deaths, the state is investigating what it calls two animal burial pits located in a remote area of the Wild Animal Orphanage. It is an area that houses many animals, some of which are primates infected with HIV and hepatitis.
"How many animals were buried in those pits?" Patton asked Aleshire.
"There were scores of animals over the last several years," Aleshire replied.
State investigators cited the Wild Animal Orphanage for burying animal remains without the proper permits. Investigators have also asked for the dead animals' health records.
"There were no animals that would have been where there might be any issue about any disease that were buried there," said Aleshire.
"If you have that documentation, why wouldn't you make it available?" asked Patton.
"We'll make it available to the regulatory agencies that are entitled to see that information and whose job it is to see that," responded Aleshire.
The News 4 Trouble Shooters received a letter from the Wild Animal Orphanage to the state, admitting the dead animals' remains "may be in a floodplain" and stating the sanctuary plans to "remediate the site by removing the carcasses and depositing them in a permitted landfill".
The USDA and state investigations are ongoing. The Trouble Shooters are staying on top of this story and will let you know what happens.

November 9, 2006

I have received a lot of responses to outgoing emails.  First, I spoke with Sissy and Lisa.  PETA cannot help me with this case.  From what they told me, PETA is not in “favor” with the OAG’s Office because of the PPI case.  Turns out, the PPI case cost over $100k in legal fees, so far.  To take the WAO case to court, we would need a lot of money [it always comes back to the money].  Even if we go to court, there is no guarantee the animals would be free of the Asvestas, for Texas law views animals as “property.”

I spoke with my attorney.  He thought the news story was great!  We spoke of my diminished role in this case now.  I have made my case to the appropriate authorities – now the ball is in their court.

I spoke with Mary Ann today.  She said she remembered Terry Minchew telling her on December 17, 2005 that I was right about the animals dying when the cold weather hit in November and December 2005.  She also recalled how concerned she was about me calling Carol while she was on the road because Carol gave instructions to the workers not to disturb her while she was traveling.  Mary Ann remembered how nervous the workers seemed on that day regarding the dead monkey and quarantine monkeys situation.  Mary Ann did repeat that Terry Minchew was sympathetic to what I saw on that day.  Mary Ann said something that surprised me – she said Terry told her that Carol told everyone that the monkeys were acclimating to the cold Texas weather in the quarantine area which is why they had not been placed in new enclosures.  I have no doubt Carol told the workers this because I never discussed Carol “acclimation” story to the USDA.

November 13, 2006
From: "Jeanette"
To: Kristina Brunner; ASARescue@aol.com
Sent: Thu, November 8, 2007 9:14:19 AM
Subject: Re: It on the Web!!! k

Kristina, I know you've been consumed with all of this since you realized or suspected what was going on at WAO.  I'm at the point, AGAIN, that I can't eat or go to sleep thinking about all of this, for I don't know how many times now since I first became concerned that my babies were not all right.

I've been thinking what you said about how many animals WAO had compared to what the zoo said they had...or the zoo saying they didn't have nearly the number of animals WAO had.

Do you know how many animals, in any given period, that WAO got in?

It seems that most of the exotics I've read about WAO receiving in her newsletters in just the last 7 years, which has been a lot of animals, Carol would say they built or had to build new enclosures for them.  My pigs alone were to be alloted "several" acres.  I now know, ideally, there should only be 4 mini pigs per acre, and accordingly, they should have had over 25 acres just for them.

I know the enclosures for exotic cats, monkeys, bears, wolves, etc, have to be large spaces with large housings. It seems to me that the combined total of acreage at WAO, which is around 110 acres if memory serves me right, and with just the number of animals WAO has taken in, in the last 7 years alone, that the *little* 110 acres would have been bumper to bumper fenced sections and enclosures a LONG time ago.  In other words, if all those animals were alive and there, WAO would have run out of room a long time ago.

Hell!  If nothing else!  Has anyone stopped to consider how many enclosures and shelters WAO has said they've built and someone(s) actually seen them being erected or has anyone gone and counted how many are actually there?!?  A retail store has to keep a running inventory saying he purchased X number of bolts, and sold Y amount, leaving him with Z number of bolts.  And that's his OWN money the retailer's working for and spending!  Do nonprofit organizations who USE publicly donated funds, supposedly, to do what they profess to do, NOT have to keep some sort of ACCURATE inventory and account for what and how the public funds have been spent?!?

Even after 15 years and after rescuing several hundred animals, I am still very much a novice compared to someone who runs a large sanctuary or who has been in the business and done many more rescues than I have.  If I can figure out the above, are people going to tell me that IFAW or USDA or other large rescue organizations haven't thought about this all this while?  I refuse to believe that.

What scares me even more......is this a widespread problem?  I don't care how much money sanctuaries get in with the arrival of new animals.  All of them only have X amount of land to put animals on...........

Kristina, if you know the number of new animals received at WAO for any given period, would you tell me please?
-----Original Message-----
From: Kristina Brunner
To: "Jeanette"
Sent: Thu, Nov 8 9:08 AM
Subject: Re: It on the Web!!! k
I asked the editor to share anything important and so far it's just e-mails from folks saying they either knew about Carol's past or WAO problems.  Nothing significant thus far, but I'll keep you posted!

I hope Chris and Animal Nation can help...I'll keep my fingers crossed....  k

"Jeanette"  wrote:
I hope he shares any info about the pigs with me.  That's great that he's getting so much response and that so many people read it.

Oh, I did send the link to Chris and to United Animal Nations this morning.  Maybe they sent it around, too.

-----Original Message-----
From: Kristina Brunner
To: "Jeanette"
Sent: Wed, Nov 7 10:48 PM
Subject: Re: It on the Web!!! k
Greetings Jeanette!

I just spoke with the editor and he's getting "hits" and e-mails on the story from all over the US--turns out a lot of people know all about Carol.  This may be a very popular story soon.  In any case, I just cross posted the story on various web sites and if you can encourage others to do as well, we should make some progress.  I'm e-mailing a friend of mine to ask her to cross post the story on several web pages that she's a member of.

I think it's great that you e-mailed the editor...Bravo!!  I know he'll appreciate the feedback.  He's just now finishing up work!  Talk about a long day at the office, huh?

Anyhoo, keep me posted of any developments and yeah, I'm not surprised the USDA didn't move on it...yep government failed the animals...now it's up to us to save the rest...k

----- Original Message -----
From: "Jeanette"
To: Kristina Brunner
Sent: Wednesday, November 07, 2007 9:18 PM
Subject: Re: It on the Web!!! k

Thanks for the info, Kristina.  I spoke to Dr. Gibbens with APHIS when I called about that tiger cub last year.  I also told him about the pigs, too.  You see how much he cared.

We'll see what happens.  Oh, I did thank Mr. Griffing for doing the story.  I thanked him more than once.  I'm sure I'll be thanking him again.
I spoke with my attorney.  He suggested I sell the WAO dba name to an animal group for $1, then donate the $1 back to the organization.  I asked Dawn if she would be interested in the WAO’s dba.  She’s going to discuss it with her husband and attorney.  She seems interested in the idea.  I asked my attorney if I should follow-up with Mark Blankenship with BBB Wisegiving.  He said it was okay as long as I keep my email short and answer his questions.  I sent the email – keeping it short.  I started a memorial slideshow with pictures of the animals that died at the facility, including the current condition of some of the animals.

I received a disturbing email from Laurie – the WAO plans on accept more tigers??  I am waiting for a response.

November 15, 2006

I received an email from Laurie – turns out she was talking about the TOPS tigers (whew!).  Jerry called to say his mom living in Corpus Christi received a newsletter from ASUS (WAO).  I was told this was a “Bubba” appeal update.  His mom is mailing the newsletter to him tomorrow.

November 16, 2006

I received the USDA citations (Austin Zoo and WAO) plus 2 CDs that pertained to the citations.  Turns out the male tiger that died at the WAO was from Magnolia, Texas, and not from Corpus Christi (as I was previously told).  Carol lied to Linda when she told her the Corpus Christi tiger was living at the WAO temporarily.  Turns out, the tigers from Magnolia were ex-pets were supposed to be housed at the WAO until the Austin Zoo completed the tigers’ new enclosure.  The two CDs contained news clips of the tigers.  I was stunned to learn the USDA/APHIS levied a fine against the WAO, as the WAO board of directors was never told about the citations or of the fines levied against the WAO and Austin Zoo.

November 20, 2006

I sent an email to OAG with a carbon copy to Dawn and the BBB Wisegiving (see below):

From: Kristina Brunner
To: Chris Krhovjak
Cc: Dawn
Sent: Mon, November 20, 2006 6:19:44 PM
Subject: Wild Animal Orphanage Case - Additional Information


November 20, 2006

Office of the Attorney General
Charitable Trusts Section
Consumer Protection Division
P.O. Box 12548
Austin, TX 78711-2548

RE:  Wild Animal Orphanage

Dear Investigator Chris Krhovjak:

I reviewed the Wild Animal Orphanage information on the BBB Wise Giving Alliance website (http://www.give.org/reports/report.aspx?ID=1279&ReportType=1) and noticed that Ms. Asvestas claims to be a registered nurse and made $47,800 in 2003.

According to the civil suit, Patricia T. Williams and Walter C. Williams vs Carol Asvestas and Animal Sanctuary of the United States, Inc. D/B/A Wild Animal Orphanage, Ms. Asvestas entered into a nursing internship (page 8) with Bromham Hospital for the mentally impaired. According to Ms. Asvestas she was only able to perform “nursing” duties at Bromham Hospital since she was enrolled in their in-house training program.  Ms. Asvestas claimed she came to the United States “to actually do proper nursing over here (page 8).”  Ms. Asvestas graduated from Harper Secondary Modern School at 14 years old and elected not to further her nursing education (page 9 and page 36) once she arrived in the United States.  Based on this information, I concluded that Ms. Asvestas falsely represents herself as a member of the nursing community on the Better Business Bureau website (and other promotional material, to include television interviews) since she is not a registered nurse in Texas or the United States.  Ms. Asvestas told me she was a registered nurse and she was qualified to perform minor surgical procedures on the WAO animals.

What also caught my attention was Ms. Asvestas’ claim to have earned $47,800 in 2003 on the BBB Wise Giving Alliance website.  According to the June 28, 2004 Board Meeting Minutes, Ms. Asvestas claimed to have earned $46,000 per year and she requested a pay increase for herself and her husband not to exceed $50k each.  Since I was told the WAO does not offer a benefit plan (health care or retirement/investment), nor pays out any other type of monetary allowances, I believe Ms. Asvestas falsely represented herself to the WAO Board of Directors in June 2004.  During the March 19, 2005 board meeting, Ms. Asvestas indicated she wanted to discuss purchasing health care insurance for herself and the WAO workers at the next board meeting.  The WAO failed to hold an additional board meeting during 2005.  Prior to Ms. Linda Howard’s death, Ms. Howard indicated that Ms. Asvestas was quietly looking for a health insurance plan for herself and her immediately family members.   In November 2005, Ms. Asvestas’ daughter was in a serious accident while pregnant.  It is my understanding the baby was delivered prematurely while the mother was in a coma.  The WAO staff indicated to me the bills for the baby delivery and coma treatment were very expensive and speculated on how the bills would be paid since the Asvestas claimed to have no money.  Needless to say, this was during the time the WAO received large donations from various charities and the general public for the Hurricane Katrina and Rita cats/dogs.

As the WAO’s former Treasurer from Oct 2003 – Jan 7, 2006, I did not know how much money was paid out in salary to the WAO directors/staff since Ms. Asvestas had complete control over the payroll books. I also did not know if Ms. Asvestas obtained health care insurance for herself and family members using WAO funds. 

I learned from Ms. Howard earlier this year that the WAO received a fine from the USDA because Ms. Asvestas failed to provide post surgical care to a male tiger in October 2003.  Ms. Howard told me Ms. Asvestas told her earlier this year the tigers were from the Corpus Christi Zoo and were temporarily housed at the WAO until the Austin Zoo completed the tigers’ new enclosure.  Ms. Howard told me that the male tiger died because it did not receive post surgical care after being neutered.  Ms. Howard also told me the Austin Zoo paid for the WAO’s fine of $750.00.  Since Ms. Howard did not have any additional information, I decided to find out if there were other investigations into the WAO while I was Vice President/Treasurer.  On July 16, 2006, I submitted a Freedom of Information Act (FOIA) Request to the USDA requesting all citations and fines levied against the WAO.  On November 15, 2006, I received a partial package to my FOIA request – 2 DVD’s and two Settlement Agreements resulting from an Investigative and Enforcement Services actions conducted in October 2003 by the USDA/APHIS.  The tigers in question did not originate from Corpus Christi, rather they came from Magnolia, Texas.  I did not know that the WAO entered into an agreement with the Austin Zoo to temporarily house the Magnolia tigers for approximately 30-days while the tigers’ enclosure was under construction in Austin, Texas.  Ms. Asvestas did not inform the board that the WAO planned to temporarily house tigers for the Austin Zoo, nor did she inform the board one of the tigers died because the WAO failed to provide post-procedural veterinary care to the male tiger after his surgical procedure while at the WAO.  Ms. Asvestas also failed to inform the WAO Board of Directors of the fined levied by the USDA/APHIS in the amount of $750 which Ms. Asvestas acknowledge on January 2, 2005.  This action, on the part of Ms. Asvestas, proves the WAO Board of Directors is ‘in name only’ and is not informed of critical information pertaining to the operation and care of the animals located at the Leslie and Talley Road facilities.  The USDA FOAI department indicated additional past records will be made to me sometime in the future.

Prior to Ms. Howard’s passing, Ms. Howard told me that Ms. Asvestas planned to leave the WAO by the end of the year.  Ms. Howard told me Ms. Asvestas wanted to build up enough money so she could leave the organization in Mr. Ronald Asvestas’ care – he would have complete control of the animals and both properties.  Ms. Howard told me that Ms. Asvestas confided in her that she wanted Mr. Asvestas to either obtain a driver’s license or a Texas ID Card so he could sign checks and open accounts in the event she decided to leave San Antonio.  Ms. Howard told me Ms. Asvestas made the comment to her that she could fund-raise anywhere and did not need to be physically located in San Antonio.  Ms. Asvestas also told Ms. Howard that she wanted to go back to England to visit her ailing mother sometime this year, so she needed to update her passport.  According to Ms. Howard, Ms. Asvestas was having marital problems and was thinking of ending her marriage with Mr. Asvestas.  According to Ms. Howard, Ms. Asvestas confided in her that she wanted to start off the new year (2007) “right.”  In November 2006, Mr. Asvestas obtained a Texas ID Card.

If you have any questions or require further information pertaining to this case, please do not hesitate to contact me at (210) 647-1789.

Very Respectfully,

Kristina M. Brunner

cc:  US Animal Protection

November 21, 2006

I spoke with Jennifer at the Texas Parks and Wildlife (Rehabilitation Licensing Coordinator) and asked her if Carol Asvestas had a rehabilitation license.  She said no, she only had an exhibitor’s license, but she does not have a license to treat and release wild animals.  Wow!  Linda said that Carol told her she renewed her rehabilitation license this year!  Just more lies…

November 22, 2006

I picked up the necessary paperwork from the County Clerk’s Office to sell the WAO dba name.

November 27, 2006

I spoke with Maritza today.  No news yet.  Not too many people emailed WOAI regarding the WAO story.

November 29, 2006

I spoke with Chris DeRose today.  He is very interested in this case.  He wants to talk to me again tomorrow.  I sent him an informational email with a carbon copy to Dawn.

I learned the WAO sold another F350.  This truck was sold to the SPCA of Texas (also known as the SPCA of Dallas).

Sent the OAG and USDA/APHIS information on the WAO/Primate Sanctuary of America, specifically regarding the false information placed on this website.  I also discovered the WAO’s self certification program ACE link is now gone from the WAO website.


From: Kristina Brunner 
To: Chris Krhovjak <christopher.krhovjak@oag.state.tx.us>; Robert.M.Gibbens@usda.gov; elizabeth.pannill@usda.gov
Cc: DRCTBD@aol.com
Sent: Wed, November 29, 2006 6:55:02 PM
Subject: WAO - ACE
 
Dear Chris Krhovjak:

I noticed today on the WAO's homepage, the "Animal Center of Excellence (ACE)" has been removed:   http://www.wildanimalorphanage.org/.  Carol's accreditation web link (www.acesanctuaries.org/) no longer seems to work.

I also noticed Ms. Asvestas claims on her Primate Sanctuary of America web page
http://www.primatesanctuaryus.org/, PSA is licensed under the USDA and the Texas Parks and Wildlife Department.  She also claims PSA is inspected regularly.

Ms. Asvestas does not hold a USDA permit or a Texas Wildlife Rehabilitation permit at the Talley Road facility where PSA is located.  I contacted TP&W on 11/21/06 and learned the WAO has a exhibitor's permit for Leslie Road facility only - no other permit has been issued to Ms. Asvestas by the TP&W.  According to Dr. Tull, Texas Dept of State Health Services (formerly known as Texas Dept of Health), no one from her department has inspected the Talley Road facility in years.  It is important to note, when Ms. Asvestas reaches out to universities and medical research laboratories, looking to retire their primates, she directs them to her PSA web page.  Individuals looking to place animals with PSA are led to believe the facility is inspected "regularly" when in reality this facility has not been inspected by the USDA, TP&W or the Texas Dept of State Health Services. 

Bayer Health Care sent 12 animals to PSA this year and plans to send another dozen or so primates in December 2006 or January 2007.  I believe this facility does not know the truth regarding health and welfare inspections at the Talley Road facility.

I hope you can help resolve this situation before more animals come to PSA under false pretenses.  Thank you very much for your attention to this case - it is truly appreciated.

v/r

Kristina Brunner

I sent Dawn this email:
I spoke with Cindy from LCA tonight and I explained the WAO situation to her.  I’m hoping she can help me send in some people to capture on film the concerns I’ve elevated to the OAG and the USDA.
It is 35 degrees (not including wind chill factor) right now...  tonight it is expected to drop to the upper 20's...  it's raining and very windy...  it's miserable... all the subtropical monkeys at Talley and Leslie Road are at risk because of the cold and wind and rain....    k

Dawn sent an email to Bayer Corporation to advise them of the WAO situation. 

Dawn contacted Robert from Lowes’ Corporate Office.  He donated to USAP four (4) propane heaters for the WAO primates that need heat at the Talley Road property.  Dawn called Cindy and Brian from the San Antonio SPCA and asked if they would contact Carol and offer her the propane heaters for the Talley Road primates.  I was “conferenced” in for a short time so I could provide them the WAO’s telephone number.  Cindy asked Carol if she would accept the heaters.  Carol told Cindy that her animals were “acclimated” and she did not want the heaters!!!  I cannot believe this!!  The weather going to drop to the 20s and she refused the heaters!!

Dawn contacted Brandon (WAO animal caretaker) to see if Carol would accept the heaters from him.  Brandon gave Dawn Terry Minchew’s number, so Dawn called Terry.  Terry could not help the WAO animals, but she did direct Dawn to Lee at Primarily Primates, Inc (Lee was managing PPI under the OAG/Charitable Trust Receivership agreement).  Lee was thrilled to accept the heaters!  Dawn asked Lowes if they could redirect the heaters to PPI since the WAO declined these life saving devices.

December 1, 2006

I told Maritza about the Lowes’ donation of heaters to PPI and how Carol turned down the heaters for the WAO Talley Road primates.  Maritza pitched the story to her producer and a short story was on WOAI tonight at 10:00pm/WOAI web site. 

December 2, 2006


I visited PPI today.  I took a tour of the property and took pictures of one of the heaters all ready in place for a primate that needed heat desperately.  While I am very disappointed that WAO did not accept the heaters for the Talley Road primates, I am happy they were put to good use.  

I could not help but notice that over the years, PPI had really gone down hill.   It was clear that the property had been neglected for years.  It was depressing to see.  I made the mistake of telling Dawn about my observations of the property (excessive brush, trash inside and outside the enclosures, feces in almost every cage, and a chimp living in a damp, dark block house that reeked with urine and feces with only a TV set turned on to keep the chimp company) for now she wants to take on PPI!  Auuuggghhh…one sanctuary at a time, please!


From:   Kristina Brunner
To:  Chris Krhovjak
Cc: DRCTBD@...
Sent: Saturday, December 02, 2006 11:51 AM
Subject: WAO - Hurricane Rita Newsletter

Dear Chris:

Ms. Laurie RussellLaFayetteCalifornia, received a WAO newsletter in the mail (November 2006) stating the WAO is still in New Orleans and the WAO is "currently caring for 350 Hurricane Katrina Animal Orphans."    The newsletter also states "As we continue this rescue mission, these numbers will grow dramatically.  We need your help today." 

Since I was able to confirm the WAO does not have 350 animals, and has not had this many animals since January 2006, I believe this is mail fraud!

Ms. Russellsigned, dated, and mailed me her newsletter.  Would you like a copy of her newsletter?  If so, I will put a copy of the newsletter in the mail to you right away.

Thank you, Chris -

v/r

Kristina Brunner


From: Kristina Brunner
To: Elizabeth Pannill <elizabeth.pannill@aphis.usda.net>; DRCTBD@...
Cc: Robert.M.Gibbens@usda.gov
Sent: Sat, December 2, 2006 1:30:54 PM
Subject: Please visit the WAO after the Sunday Freeze


Dear Dr. Pannill:

I am hoping after Sunday's hard freeze, you might be able to visit Talley and Leslie Road to check on the animals.  Here are several areas of concern:
Please check on Frick and Frack, 5- Novartis and 6- LEMSIP primates that were moved over to Talley Road in animal transporters, August 2006.  There are probably still living in the transporters.

Please check all the primates water lixits (water lines) to make sure the lines are not frozen.  Last NOV/DEC 2005, 5 stumptail macaques from the University of Wisc died because of "lixit problem."  The water lines always froze at the Leslie Road's quarantine area too.  I was present when Carol told the workers the water lines would eventually "thaw" and so they did not need to worry about clearing them so the animals could drink.

Please check on the bears, wolves, and big cats' water dishes - to make sure the ice has been broken so the cats can drink fresh water.  Carol has told the workers (my self included) not be break up the ice in the water bowls - she claims the animals can get enough water by licking the frozen ice.  It seemed after each freeze, a cougar died at Leslie Road.

Please check on the CHIMPS to make sure they all have adequate heat and blankets and hay.  Mary and Michelle reported to Ron in Oct 2006 that there was damage to both CHIMP houses (large holes in the ceilings).  Please check both houses to ensure repairs have been made in order to keep the CHIMPS warm.

I thank you in advance for checking on the animals.  Needless to say, I very concerned about the animals.  On 11/30/06, Carol turned down the offer of accepting three large propane heaters to help keep the monkeys warm at Talley Road.  She told Cindy at the San Antonio SPCA that her animals were "acclimated" and they did not need heat.  Needless to say, PPI accepted the heaters for their animals because the interim director knows that the subtropical primates cannot "acclimate" to these freezing temperatures - it would take muliple generations living at the same location to acclimate to this type of weather.  As we all know, the primates living at Leslie and Talley Road are not multiple generation primates - they are first and second generation monkeys.

v/r
Kristina

December 3, 2006

Prepared and emailed Mr. Blankenship (BBB Wisegiving) my report on the WAO Board activities.  Carol knew I would contact the BBB as it was discussed during the Emergency Board meeting in January 2006.  I finally followed thru and filed the report based on my findings pertaining to the BBB Wisegiving Standards web site.  I sent another email to Dr. Pannill (second email this week) on the weather conditions at the WAO to include what to look for at Talley and Leslie road.  There is a freeze expected tonight and this upcoming Thursday.

From: Kristina Brunner
To: mblankenship@cbbb.bbb.org
Sent: Sun, December 3, 2006 10:02:29 PM
Subject: BBB Wise Giving Alliance - Wild Animal Orphanage


Dear Mr. Mark Blankenship:

I recently reviewed the BBB Wise Giving Alliance Standards for Accountability posted on your web site.    After reading the Standards, I decided to contact you immediately to share what I know concerning the Animal Sanctuary of the United States, d/b/a The Wild Animal Orphanage (WAO).

First of all, the WAO’s Board of Directors did not have adequate oversight of the charities operations and its staff.  I was the Vice President and Treasurer from October 2003 to January 7, 2006.  During this time period I was not informed of many important business practices such as:

                        Fund-raising activities
                        Financial Statements
                        Payroll Records
                        Operational Budget
                        Entering into contractual agreements to purchase vehicles,
                        equipment; or rental property
                        Animal acquisitions
                        Animal Euthanasia
                        Staff Management

The WAO’s Board was in name only.  Ms. Asvestas had complete control of the organization. 

I am in receipt of the Board Meeting Minutes for June 28, 2004, March 19, 2005, Emergency Board Meeting on 1/7/06, April 8, 2006, and June 17, 2006.  I was not present for the last two board meetings listed since I resigned from the Board in January 2006.  These board meeting minutes reflect the many problems at the WAO. 

The WAO failed to meet three times a year, not because the members were not available, but because Ms. Asvestas could not find the time to meet with us.  As the WAO’s Chairperson, I asked Ms. Asvestas numerous times to set board meeting dates, but Ms. Asvestas told me she was too busy to meet with the board.  When we did meet, the meeting was one sided – Ms. Asvestas told us what she thought we should know and left out many important details, such as a fine levied by the USDA/APHIS for the death of a tiger housed at the WAO in 2003.  The fine was paid in 2005, but I did not learn of the citation or fine until May 2006.  Ms. Asvestas also failed to tell the Board of Directors the outcome of the civil lawsuit filed against the WAO.  While I was aware that a civil lawsuit was in the “works,” I never knew the details or the final resolution until I read the case this year.  The lawsuit was never discussed during any board meeting. 

During these board meetings we did not regularly assess the WAO’s effectiveness in achieving its mission.  We did not define measurable goals, objectives, or performance standards from October 2003 to December 2005.   I have never seen a written report that outlined the results of the aforementioned performance and effectiveness assessment or any recommendations for future actions.  The Board of Directors conducted only one evaluation on the WAO’s director and the evaluation consisted of us voting that Ms. Asvestas was doing a good job.  There was no written evaluation and no defined criteria on which Ms. Asvestas was evaluated-- just a five minute discussion on recent animal acquisitions and planned fund raising activities -- then we voted.  At the time of the evaluation, I was not aware of all the problems at the WAO – I only knew what Ms. Asvestas chose to share with me. 

When I discovered the WAO did not ensure the charity spends in funds honestly, prudently and in accordance with recognized business practices, I immediately contact the Texas Office of the Attorney General (Charitable Trust Section), and reported my findings.  At this time, there is an on-going investigation into the WAO’s charitable practices. 

Interesting to note, Ms. Asvestas and her accountant tend to submit the WAO’s 990 late each year to the IRS.  The first 2005 990 copy was originally signed by John Savickas, the WAO’s accountant on 6/20/06 and was mailed to a member of the United States Animal Protection by the WAO’s attorney, Mr. Bill Aleshire, on 7/19/06 (without the signature of the officer).  Another copy of the WAO’s 990 was mailed to different individual whom requested the financial information.  This 990 was signed both by Ms. Asvestas and her accountant on 6/20/06.  I learned in November 2006, from the local media that this 990 copy was never mailed to the IRS.  That in fact, the WAO had a suspense date to turn in a new 990 to the IRS no later than 11/15/06.  The media was questioning the $15,000 “loan” given to the Mr. Ron Asvestas (husband of Ms. Carol Asvestas) without the WAO’s Board of Director’s approval.  There were also concerns regarding some of the WAO’s vehicles (Ford Expedition and two Ford F-350 trucks) and the rental property information not listed on the 2005 990.  The WAO attorney stated that the 2005 990’s mailed to interested donors were in “draft” form and was inadvertently rushed out to the potential donors out of the “goodness of his client’s heart.”  When asked by the local media why the draft listed the loan on the 2005 990, Mr. Aleshire was unable to provide a response.  I have not seen the second prepared 2005 990 yet.

The 2004 990 was not prepared and signed by Ms. Asvestas and her accountant until 8/29/05.  I did not see this 990 until 1/7/06, when a copy was provided to me at the Emergency Board Meeting.

The 2003 990 was not prepared and signed by Ms. Asvestas until 8/2/04.  I did not see this 990 until it was given out to the board members at the March 2005 board of directors’ meeting.

At the June 28, 2004 meeting, Ms. Asvestas claimed to make an annual salary of $46,000 per year and her husband made an “average” of $36,000 per year.  Based on this information Ms. Asvestas provided to the Board of Directors, we approved a salary increase to $50,000 for Ms. Asvestas and for her husband.  I have since learned Ms. Asvestas lied to the Board of Directors.  According to past 990s, Ms. Asvestas made more than $47,000 per year since 2002.  Since I did not have access to the payroll records, I had no idea how much money was given to Mr. and Ms. Asvestas annually.

As Treasurer, I never saw an annual budget for the organization’s current year, which should have outlined projected expenses for major program activities, fund raising, and administration.  The only reports I have ever seen are the WAO’s 990s.

Another concern I have with the WAO is the misleading solicitation newsletters and informational materials distributed to the general public through the mail.  For example, a woman in California received last month a newsletter appeals, soliciting funds for the “orphans of the storm.”  Ms. Asvestas stated in the newsletter that the WAO is “currently caring for 350 Hurricane Katrina Orphans.”    She further stated “As we continue this rescue mission, these numbers will grow dramatically.”  The WAO may have had 350 hurricane animals in December 2005, but by the end of January 2006, many of these animals were relocated to Cedar Hills Animal Sanctuary and the SPCA of Texas.  By October 27, 2006, the WAO had only 20 cats.  If you require a copy of the newsletter, Ms. Russell from LaFayette, California sent me her copy she received in the mail in November 2006 and I am willing to make a copy of it for you.  I saw this same newsletter posted to the WAO’s web site under the “Newsletter” web page.  On August 31, 2006, two newsletters that were posted to this web page were taken down.  These misleading solicitations, along with other misleading solicitations, have been sent to the Texas Office of the Attorney General for their action.

The last annual report I saw was for 2003.  I never saw an annual report for 2004 or 2005.  The WAO’s website (www.wildanimalorphanage.org) only lists 2003 990 and annual report.  The WAO claims it will provide the 2005 990 soon, but that statement has been on the WAO’s website for many months.  http://www.wildanimalorphanage.org/index.php?id=aboutus.

On your web page, Ms. Asvestas claims to be a RN (Registered Nurse).  Ms. Asvestas is not a registered nurse in the United States or England.  She cannot work in any US or Great Britain hospital as a registered nurse.  I obtained this information from an oral deposition Ms. Asvestas made on September 22, 2004, and filed with the Bexar County Clerk’s Office.

I am providing you this information in the hopes that you will look into this situation.  Sadly, I have been mischaracterized by Ms. Asvestas because I have come forward with this information to Federal and State agencies.  Therefore, I hope you will conduct your own independent investigation into this case.   Please do not hesitate to contact me if you have any questions.  I can be reached by return e-mail or (210) 647-1789.  Thank you for your prompt attention to this matter.

Very Respectfully,

Kristina M. Brunner  


From: Kristina Brunner
To: Elizabeth.C.Pannill@aphis.usda.gov; Robert.N.Gibbens@aphis.usda.gov
Cc: DRCTBD@...
Sent: Sun, December 3, 2006 1:35:50 PM
Subject: WAO Talley Road Weather Info


Dear Dr. Pannill:

Below is the expected temperature tonight for Talley Road:


Sunday
Monday
Tuesday
Wednesday
Thursday
53° F | 29° F
12° C | -2° C
56° F | 34° F
13° C | 1° C
62° F | 47° F
17° C | 8° C
63° F | 44° F
17° C | 7° C
53° F | 40° F
12° C | 4° C
Partly Cloudy
Partly Cloudy
Partly Cloudy
Mostly Cloudy
Chance of Rain
40% chance of precipitation


As you can see, the temperature is expected to drop below freezing again.  Even though AWA (Sect. 3.78(a)) states only "nonhuman primates that are acclimated, as determined by the attending veterinarian, to the prevailing temperature and humidity at the outdoor housing facility during the time of year they are at the facility, an can tolerate the range of temperatures and climatic conditions known to occur at the facility at that time of year without stress or discomfort, may be kept in outdoor facilities," the WAO veterinarians are not qualified to make the determination whether or not the primates living at Leslie and Talley Road are "acclimated" to the freezing cold weather.  The WAO veterinarians mainly treat dogs and cats and are not primatologists.  They do not visit the animals regularly to check on the animals after a hard freeze.  Primate experts are adamant that subtropical primates must have heat during a freeze thereby alleviating any stress, discomfort or death the animals may experience during the cold winter periods.

The AWA also addresses shelters from the elements - "The shelter must safely provide heat to the nonhuman primates to prevent the ambient temperature from falling below 45 degrees F, except as directed by the attending veterinarian, and in accordance with generally accepted professional and husbandry practices." (Section 3.78(b)).  The shelters at the WAO for the primates at Leslie and Talley Road are primarily wooden boxes.  These boxes only reduce the wind chill factor and do not provide heat to the primates.  The ambient temperature will most certainly drop below 45 degrees F on Sunday, December 3, 2006 (late evening), despite the various sized wooden boxes.  For example, the Leslie Road capuchin "wooden shed" does not provide enough heat for the small animals and so the monkeys rarely enter the "shed" to get out of the chilly wind.

As the former animal caretaker at the WAO, I saw shortened primate tails and missing fingers and was told by the other caretakers this was the result of freezing temperatures.  I am concerned this may happen again Sunday night-early Monday morning, if it has not happened already. 

Dr. Pannill, I am hoping you will be able to visit both facilities tomorrow to check on the animals and their water supply.  My previous e-mail listed several areas of concerns that need to be looked at considering how many animals died last year from the freezing temperatures.  I wouldn't be surprise if more animals died and their bodies are in the coolers waiting for final disposition.  You may want to physically check the coolers, even if the WAO claims no animals died over the last several days, just to make sure there are no dead bodies on the properties.

Please do not hesitate to contact me if you have any questions.  I can be reached at (210) 647-1789.  Thank you very much for looking into this situation. 

December 4, 2006

I got a call from Dawn.  She called Maritza to tell her how unhappy she was with her because she did not mention USAP.  Dawn thinks the media is “out to get her.”  I told Dawn this was not the case and I’m sure it was an unintentional omission that her name and organization was left out of the new article.  Dawn told me she could not continue working on this case unless she received some sort of recognition.

Maritza called me a short time later.  She was not happy.  Dawn apparently cut her off numerous times during their conversation.  Dawn told her if it wasn’t for her, there would be no case.  Maritza said she told her that if it wasn’t for me coming forward, there would have been no story.  Maritza was not happy with Dawn’s behavior and I felt very embarrassed by Dawn’s dress down of the media.  I told Maritza I would speak with Dawn.  I spoke with Dawn, trying to explain to her the WAO case was about the animals and not about “media credit.”  I don’t know if I got through to her or not.

December 5, 2006

Dawn called me at work to say the USDA/APHIS director and his supervisor planned to visit San Antonio today.  This is good news!!  Now maybe this case will finally move forward and the animals will finally receive the protection and care they truly deserve.

The second call I received from Dawn later in the day was upsetting and she ended up hanging up on me.  Dawn was upset when I tried to tell her to focus on the facts of the case and not on her personal opinions and thoughts regarding the Asvestas.  Dawn had it in her mind the WAO was selling its animals to canned hunts.  I had no proof this ever took place and told Dawn not to spread “rumors” like this because it could damage the case.  I really wanted her to focus on the known facts.  That is when she hung up on me.  Then she called me about five times and Sue called me about three times.  I don’t have time for this nonsense.  Lives are at stake and I need help in reaching out to government entities and animal organizations.  Dawn’s rants are unproductive and take way too much of my time!  Since I refused to pickup the phone, Dawn decided to leave horrendous voicemails and then she sent me a very disturbing email.  What have I got my self into?

I sent Dawn an email back saying she should stop emailing and calling me.  

Later that evening:
From: Kristina Brunner
To: DRCTBD@aol.com
Sent: Tue, December 5, 2006 8:36:15 PM
Subject: Re: Kris I am sorry. I know you have done the leg work on this

Look, what's done is done - let's move on...  right now I am not in a happy mood to talk, so please respect my privacy ...  my day when from bad to worse and I really don't want to talk to anyone right now.  I really just want to be left alone.

I'm glad to hear you had a productive day.  I'd love to read about the USDA inspection.  Did it go well - it would be nice to end the day on a better note...

We are both under tremendous pressure right now...  I have reached my breaking point, and so realizing this, I want to take a short break.  Right now, e-mails are the way to go...  as my grandmother used to say, if you don't have anything happy to say, don't say anything at all...  wise words to live by...  thank God for e-mails...

So in closing, I hope you have a chance to rest, clear your thoughts and please take your time - this case will not end over night and the right people are investigating the WAO.  We cannot let this break us - we must be stronger than that...  so sleep tight and we will talk sometime later this week.  k

DRCTBD@aol.com wrote:

I hate this Kris. I am sorry, what more can I say. I appreciate everything you have done.

President Dawn Taylor Bechtold
UnitedStatesAnimalProtection
AnimalShelterReform

December 8, 2006

Time to see what the WAO Board of Directors plan to submit as its annual 990 return and financial report:
RE: New open records request - ANNUAL REPORTS
Friday, December 08, 2006 4:45:35 PM
From: "Bill Aleshire" <Aleshire@r-alaw.com>

Dear Ms. Bryant,

Our client, ASUS, Inc. has authorized me to respond to your recent request for certain records.  I will transmit these records to you as PDF attachments.  This email contains the two annual reports you requested.  Subsequent emails will provide you the 990s and audits your requested.

Please let me know if you have any questions regarding this matter.


Bill Aleshire
Riggs & Aleshire, P.C.
700 Lavaca, Suite 920
Austin, Texas 78701
512 457-9838 phone
512 457-9066 fax

 From: GatorBaiterR@...
Sent: Thursday, November 30, 2006 11:48 AM
To: Bill Aleshire
Subject: New open records request
 
This e mail is a new open records request and BBB Wise Giving Alliance.

                  Thank you,
                 
                        Susan Bryant  (United States Animal Protection Member)

December 13, 2006

From: Kristina Brunner
To: James Anthony <james.anthony@oag.state.tx.us>; christopher.krhovjak@oag.state.tx.us; mblankenship@cbbb.bbb.org
Sent: Wed, December 13, 2006 7:20:56 PM
Subject: Wild Animal Orphanage - 2005 990 (second version)

December 13, 2006
Office of the Attorney General
Charitable Trusts Section
Better Business Bureau Wise Giving

RE:  Wild Animal Orphanage 2005 990 (Second Version)

Dear Sirs:

Please accept this letter as an addendum to the original complaint letter previously submitted to your Office.
  
Additional information pertaining to the Animal Sanctuary of the United States (ASUS), f/k/a The San Antonio Wildlife Emergency Centre, d/b/a Wild Animal Orphanage (WAO); Primate Sanctuary of America (PSA); Chimp Aid; Cat Haven; Feral Cat Rehab Center; and Whisker’s and Wag’s Humane Society was recently brought to my attention.  I believe this additional information warrants a continued investigation into the referenced charity for diversion of charitable trust funds from their intended purpose and/or gross mismanagement resulting in a significant financial loss or other substantial harm to the citizens of Texas. 

I am in receipt of the “revised” 2005 Return of Organization Exempt Form Income Tax (herein known as 2005 990), “Independent” Auditor’s Report, and Annual Report for the above referenced non-profit charity.  I will send you the documents under separate cover via e-mail since the files are large.  Even though I am not a certified CPA, I noted several discrepancies that, as the former WAO Treasurer during the entire calendar year 2005, concerned me greatly.  For example, a reasonable person would find it very difficult to follow WAO’s  2005 Statement of Activities (Program Services Expenses) since these figures do not seem to correspond with the figures presented in the 2005 990.
 
When I conducted a thorough review of the WAO’s 2005 financial statements and the activity reports, I discovered the following:

Annual Report 2005
  1. “The Board of Directors held one board meeting in 2005” The Board did not schedule to meet in September or December 2005.  The June 28, 2004, shows the Board agreed to try and meet at least once per quarter (4x per year) in order to exceed the BBB Wise Giving requirements to hold meetings at least 3x per year.  The next meeting was supposed to take place in September 2004, but Ms. Asvestas was too busy to meet with the WAO Board of Directors.  Therefore, a meeting was finally scheduled for March 19, 2005.  According to my handwritten board meeting notes, the next meeting was supposed to take place in June 2005. 
  1. “The board was, however, in constant touch with each other via cell phone during this period of time.”  In my capacity as Vice President, Treasurer, and Board Chairperson, I did not have the other Board member’s cell phone numbers.  No one on the board, including Ms. Asvestas, had my cell phone number.  I only communicated with the Board of Directors via e-mail.  Since I did not have anyone’s home telephone number, I e-mailed my request for an Emergency Board Meeting to be held on 1/7/06 via e-mail to all Board Members.  I provided Karen Maxfield and Sumner Matthes my home telephone number in response to their query regarding the reasons why I called for an Emergency Board Meeting.
  1. “Board Members Present”  According to the Board Meeting Minutes, which Ms. Asvestas signed on March 21, 2006, Mr. Sumner Matthes did not participate in the March 19, 2005 Board Meeting.  This board meeting was held at Ms. Asvestas personal residence because she was feeling poorly and could not come to the office. Therefore the only individuals in attendance at this board meeting were myself, Karen Maxfield, and Laura Mireles.
  1. “Current Board of Directors”  In 2005, the Board of Directors consisted of:
Carol Asvestas – President
Kristina Brunner – Vice President
Kristina Brunner – Treasurer
Karen Maxfield – Secretary
                    Laura Mireles – Co-Secretary
                    Sumner Matthes – Exotic Animal Rescue Coordinator
                    Kristina Brunner – Board Chairperson
                      Interim Directors
                        Cindy Prentice
                        Eleanor Dole

I found it interesting on the 2005 Annual Report, Ms. Asvestas chose to report the current 2006 Board of Directors.   To a reasonable person, Ms. Asvestas appears to be erasing my 2005 board membership/participation from the official records.  I did not resign from the Board of Directors until the conclusion of the Emergency Board Meeting which was held on January 7, 2006 – a meeting which I called to discuss alleged misappropriation of funds and alleged animal welfare violations.  This meeting was captured on audio tape, thereby substantiating my claims.

  1. “Board of Advisors”  In 2005, the WAO Board Advisors were:
Dr. Shirely McGreal
Dr. William Henry
Dr. Loretta Ehrlund
Dr. Terry Lambert
Tony Wiles
Lawrence Hopkins
Linda Howard
Cindy Carroccio
Ashley Banks
Dr. C. James Mahoney
Cindy Prentice
Again, Ms. Asvestas chose to reflect the current 2006 Board Advisors, rather than the WAO Board Advisors which were listed on her website throughout 2005 up until April 2006.  The 2005 Annual Report was obviously prepared recently and does not accurately reflect the board make-up in 2005.

  1. “Key Staff Members”  According to the December 14, 2005 WAO Key Staff web page:
Dr. Rachelle Garza – In-house Veterinarian
*Ron Asvestas – Director of Animal Care
                             Director of Construction
Carol Asvestas – CEO
                               Director of Animal Care
                               Director of Administration
Michelle Reininger – Assistant Director of Animal Care
Mary Reininger – Assistant Director of Animal Care
Norma Lagutchik – Sanctuary Manager

*According to the January 12, 2006 WAO Key Staff web page, Mr. Asvestas was listed only as the Director of Construction.  The WAO’s current 2006 Key Staff web page reflects Mr. Asvestas’ job titles as Sanctuary Manager and Construction Manager.

  1. “Board Roster/Contact Information” This page contains the 2006 Board of Directors’ contact information – not the 2005 Board of Director’s contact information.  Ms. Laura Mireles is listed as the “Board Chairperson” on this page, however; according to the BBB Wise Giving WAO information web page, Ms. Karen Maxfield is listed as the Board Chairperson.
  1. “Financial Report” These figures listed on this page are based on the first version of the 2005 990, signed by Ms. Asvestas on June 20, 2006  rather than revised version Ms. Asvestas signed on November 14, 2006.
  1. “Activities 2005  Leslie Road (10-acre tract)”  The first thing that stands out in this report are the same “accomplishments” listed in the 2005, 2004, and 2003 activity reports.  The statistical numbers changed each year, but the main content remained the same.  There was very little construction done at the Leslie Road facility in 2005.  Lulu, a tiger, did receive a new “concrete” pool and there was construction work done on what was supposed to be the new “educational” building.  I do not recall any additional construction work performed at the Leslie Road facility.  In October 2005, the “educational” building’s purpose was changed to “cat adoption center.”  I seriously doubt the sanctuary tracked the number of “educational guided tours” given to local school children – let alone gave guided tours to over 10,000 school children in 2005. In the 2004 Activity Report, Ms. Asvestas claimed 9,000 school children were given educational guided tours at the WAO.  I believe these numbers have been hyper inflated.
According to my records, obtained from a WAO volunteer and staff members, Ms. Asvestas had approximately 300 domestic cats at one time as a result of the hurricane storms versus 400 domestic cats she claims in 2005 Activity Report. 

Ms. Asvestas acquired additional donating members by purchasing mailing lists from organizations such as “In the News.”   These mailing lists are extremely expensive. 

I was surprised to read Ms. Asvestas included in the 2005 Activity Report the paragraph pertaining to the “Wild Means Wild” children’s coloring book again (same information can be found in the 2003 and 2004 activity report).  Ms. Asvestas ran out of the books in 2004 and chose not to reprint the coloring books.  In June, July, and August 2005, I spoke to hundreds of children at two large local churches, and two local libraries about touring the WAO during the summer months.  When I asked Ms. Asvestas if I could have several copies of the color books printed so I could give them out as prizes to the children, she told me that she had no more books in stock and the children have to go to the “ACE” website and download the color book from this location.

  1. “Activities 2005 Talley Road (102-acre tract)”   When I visited the Talley Road facility in May 2005, shortly after the animals moved into their new “home,” I took pictures of the “new” leopard enclosure.  I was told by the Talley Road animal caretakers the enclosure was less than 1-acre and there were only two leopards living in this cage with a Jaguar.  I have never seen nor dispersed any educational literature pertaining to “species specific information.”  The only magazine I gave out to the school and church children were the Winter 2004 “The Animal Rescue Magazine – Miracles Through Your Mercy!”  The WAO had boxes of these magazines, and Ms. Asvestas wanted me to give them out to the school children.  Like the Leslie Road Activity Report, the 2005 “accomplishments” were almost exactly the same as 2003 and 2004.

Independent Auditor’s Report 
      1. Mr. John Savickas, paid preparer of the WAO’s 2005 990, conducted
      his own “audit” of the WAO’s financial records on October 15, 2006.  
Note 1 –         Summary of Significant Accounting Policies, stated the “Orphanage purchased mailing lists to utilize both in their fundraising function and education of the general public.”  These mailing lists were used to send out newsletters soliciting funds from the general public.  These newsletters were mostly mailed to individuals living outside the San Antonio area and provided little if no educational value.  These newsletters were used to generate funds for the WAO’s latest animal acquisitions.  I was stunned to see how much the WAO spent on newsletters ($310,325.00), versus what was spent on veterinary care and animal feed ($77,935.00).

2. “Notes to Financial Statements”   Note 3 Mr. Savickas evasively stated a “liability in the amount of $12,000 has been accrued as of December 31, 2005.”  Unfortunately, the notes did not describe the nature of this “liability.”  This “liability” was not discussed with me, in my capacity as Vice President/Treasurer in 2005, by Ms. Asvestas or any other Board member.  I have no idea what “liability” the WAO incurred in 2005.

3.  “Notes to Financial Statements”   Note 4   According to Note 4, the WAO obtained a loan in the amount of $31,025 from a local financial institution to purchase “equipment” for a period of five years with interest at 6.75%. This loan was not discussed at any board meeting.  The Board of Directors did not approve this loan.  Since this large purchase was made without the Board of Directors’ approval, or without a discussion with the WAO Treasurer, I have no idea what type of equipment Ms. Asvestas purchased in 2005. I was asked, however, to sign a “Corporate Resolution to Borrow/Grant Collateral” on either January 8, or January 9, 2005 (I volunteered only on the weekends), by Mr. Ronald Asvestas.  When I asked questions about the loan, Mr. Asvestas repeatedly told me to call Ms. Asvestas at the house.  I called Ms. Asvestas at her personal residence and asked her what the money was for and she told me it was for animal feed and careThe loan amount was $30,125.00, with a maturity date of January 4, 2010, and the lender was Jefferson State Bank.  According to the revised 2005 990, Schedule 5, Mortgages and Other Notes Payable, Local Bank (Equipment) prior balance was $18, 749 (end of 2004) and the 2005 end of year balance was $25,318. Since the above “equipment” loan was for five years, I was surprised to see it was not listed on Schedule 5.   According to Schedule 2, five large equipment items were allegedly “purchased” at a cost of $30, 820.  Two pieces of equipment were allegedly purchased on 1/4/05 (before I signed the loan papers); one piece of equipment was allegedly purchased on 1/20/05; one piece of equipment was allegedly purchased on 8/8/05; and one piece of equipment was allegedly purchased on 12/20/05.  I have never seen these pieces of equipment at the Leslie Road facility or during my May 15th, 2005 visit to the Talley Road facility.  The “Corporate Resolution to Borrow/Grant Collateral” stated the WAO Board of Directors held a board meeting on January 4, 2005, at which a quorum was present and voting, on the resolutions set forth in the “Corporate Resolution to Borrow/Grant Collateral.”  Needless to say, there was no board meeting on January 4, 2005
     
Note 4 also stated “during 2005, the Orphanage paid off loans related to the purchase of equipment and vehicles.”  Even though I was the WAO’s Treasurer, Ms. Asvestas never spoke to me regarding vehicle loans.  I did notice on the 2004 990, Schedule 5, Mortgages and other notes payable, the WAO owed monies for four vehicles ($14,099, $8,234, $6,539, and $25,822) totaling $54,694.00.  The 2005 990, Schedule 4, does not have a starting balance of $54,694.00, instead the starting year balance was $39,358 (first version of the 2005 990).  The second version of the 2005 990 has a starting balance for the vehicles/equipment in the amount of $61,652.  The first 2005 990 version broke out the equipment and vehicle notes payable separately.  According to this 990, the 2005 remaining vehicle balance was $17,807 and the remaining equipment balance was $25,316.  The sum of these two end of year balances equaled $43,125 (which also happens to be the remaining balance of the revised 2005 990 vehicles/equipment end of year balance).  Based on past payment history, I am surprised the WAO was able to pay off most of the vehicle loans in 2005.  Apparently the WAO did not pay off all vehicle loans because according to the 2005 990, Schedule 4, Mortgages and other Notes Payable, the WAO still has a balance for vehicles/equipment.  Unfortunately, I was unable to find any reference as to how many vehicles were paid off in the 2005 990 or the 2005 Financial Statements.  I am concerned where the WAO suddenly came up with the monies to pay off such large debts owed to Jefferson State Bank, in light of the $12,000 liability the WAO accrued as of December 31, 2005.  I have reason to believe the WAO did not list all the WAO vehicles on the 2005 990.  For example, only one Ford F-350 was listed on Schedule 2.  It seems the WAO has two Ford F-350’s in its possession (license plate #18VRD2 and license plate #56LPN2).  One F-350 was sold to the SPCA of Texas on October 17, 2006 (vehicle with license plate #56LPN2) and the other is listed on the 2005 990 Schedule 2.  According to PublicData.com, the F-350, with license plate #18VRD2, has a lien date of 20030305 from Jefferson State Bank.  The second F-350 (with license plate #56LPN2) has a lien date of 20040824 from Jefferson State Bank.  I did not see a F-350 listed on the 2003 990; I did see one F-350 listed on the 2004 and 2005 990s.

4.  Statement of Activities – Year Ended December 31, 2005
When I tried to make a comparison between the revised 2005 990 (Part II, Program Services column) and the Statement of Activities’ (Program Service Expenses column), I discovered the figures on the Statement did not match the 2005 990 (i.e. Advertising, Animal Care/Hauling/Rescue, Auto, Equipment rental/maintenance, postage/printing, salaries, taxes (payroll???), telephone, veterinary care and animal feed, and supplies).  When I checked the supportive services expenses, the items listed for the most part matched the 2005 990’s management and general category, with the exception of “other expenses.”  I was unable to find an expense in the amount of $3,420.00 on the  2005 990’s Part II, but I did find an entry on Schedule 3, Misc. Operating Expenses in the amount of $360.00.
     
2005 990
Part I: Revenue, Expenses, and Changes in Net Assets or Fund Balances
The first 990 version listed the gross receipts of $1,368,360.  The second version listed the gross receipts of $1,420,278.  That’s a difference of $51,918.  My June 8, 2006 complaint letter asserted the Asvestas had no control over the receipts pertaining to the indirect public support funds.  I am concerned the amount listed, may still not be the true amount taken in by the WAO for 2005.
Also, the first 2005 990 listed net assets or fund balance at the end of the year as $1,302,417.  The revised 2005 990 lists the net assets or fund balances at the end of 2005 as $1,298,682.  That is a difference of $3,735.00

Part II:  Statement of Functional Expenses:
I noticed “contract labor” was listed for the first time on this 990, despite the fact that contract laborers have been used at the WAO for years.  Occupancy expense was listed as $27,953.  This number seemed rather high to me.  I believe Ms. Asvestas included the rental residential 2-story house (with a swimming pool), located at 9615 Summerbrook, San Antonio, Texas, in this figure.  I checked the previous 990’s to determine if this amount was in line with previous years and noticed:  2004 - $15,754; 2003 - $12,650; 2002 - $20,998; 2001 (not available); 2000 - $12,896; and 1999 - $9,516.
           
           Part IV:  Current Officers, Directors, Trustees, and Key Employees:
            Sumner Mathis [sic] – correctly spelled Sumner Matthes – was the
            Animal Rescue Coordinator in 2005
            Laura Mireles – was the Correspondence Secretary in 2005
            Karen Maxfield – was the Secretary in 2005
            Michelle Crier – was not a member of the WAO Board of Directors in
           2005
           
            Not listed:
            Kristina Brunner – was the Vice President, Treasurer, and Board
            Chairperson.  I was on the board of directors for the entire 2005
            calendar year.

Key Employees also not listed:
Ronald Asvestas – Director of Animal Care and Director of Construction
Michelle Reininger – Assistant Director of Animal Care
Mary Reininger – Assistant Director of Animal Care
         
            Ms. Asvestas listed the 2006 Board of Directors and not the 2005 
            Board of Directors.
           
            Part VII:  Analysis of Income-Producing Activities
           
In past 990’s, program service revenue consisted of two separate categories -contributions/admissions and Combined Federal Campaign (CFC) donations.  This year, the revised 2005, lists only “Contributions/Admissions” in the amount of $1,363,118.  However, according to the 2005 “Independent Auditor’s Report,” Statement of Activities, Year Ended December 31, 2005, revenue consisted of CFC donations in the amount of $29,613, and Others in the amount of $1,333,505, for a total of $1,363,118.  The first 2005 version listed “Contributions/Admissions” only in the amount of $1,359,603.00.  The first 2005 990 reflected a gain of $7,822 from the sale of assets other than inventory, while the second version reflected a gain of $15,811 from the sale of assets other than inventory.  The total income for the first 990 was $1,368,360 and the second version was $1,379,234 – this is a difference of $10,874.00.  Again, I am concerned the WAO is not accurately keeping track of contributions, admissions, or sale of assets, as evidenced by the large dollar difference between the two versions of the 2005 990s.
           
I noticed Ms. Asvestas signed the second version of the 2005 990 on 11/14/06.  According to the IRS Form 8868, Mr. John Savickas, Accountant, requested a 3-month extension of time to file the 2005 990, on 8/15/2006 and it was approved by the IRS on 08/18/2006.  Since Mr. John Savickas signed the first version on 6/20/2006, and Ms. Asvestas also signed the same version on 6/2/2006, why did Mr. Sasvickas request an additional 3-month extension on the basis that “additional time is needed for the completion of the annual audit for year ended 12/31/05.  This will enable an accurate filing of the related Form 990”?  It begs the question -- did he not take the time to accurately complete the first version, six moths from the conclusion of the 2005 calendar year?  Why did it take 11-months to complete and submit a final version 2005 990 to the IRS?
           
Schedule 1
           
The Board of Directors did not approve the sale of the vehicles listed on this schedule.  I noticed the Ford F350, previously sold at a loss on the first 2005 990 version, was not listed on the second 2005 990 version.  Instead, a Ford F150 was sold at a gain of $8,763.00 – unlike the horse trailer and various equipment which was listed on both 2005 990 versions.
           
I have not seen most of the vehicles and equipment listed on this page and I have reason to believe the purchase and sales price may not be accurately reflected on this page.
           
Schedule 2
           
Again, I am concerned the WAO did not accurately reflect the number of WAO registered vehicles.  The WAO also did not accurately reflect the costs of the tiger/leopard cages and furniture/appliances as evident by the 2005 Asset document given to me by Ms. Asvestas on 1/7/06
           
I could not help but notice the 2004 acquisition mailing list was purchased on 6/15/2003
           
Schedule 3
           
Insurance is listed as $988.00 per year.  The 2005 990 failed to state what type of “insurance” was purchased in the amount of $988.00   It cannot possibly be auto insurance for all the WAO vehicles, since this would exceed this small amount.  The 2005 990 does not state how much auto insurance costs the WAO each year?  Since Mr. and Ms. Asvestas did not possess valid driver’s licenses in 2005, how did the WAO obtain auto insurance for the vehicles they drove last year?
           
I noticed a new category on the 2005 Schedule 3, -- “office.”  This line entry was not on the 2004 990.  The 2004 990 had line items such as “alarm system,” program support,” “public education”, “landscaping” and “storage” which I did not see on the 2005 990.  Ms. Asvestas told me IFAW reimbursed her for any expenses incurred when she investigated other animal sanctuaries on their behalf.  These investigations are conducted by WAO employees, during WAO work time, apparently at the WAO’s expense.   This expense item should not be listed on the WAO’s 990s since they have no bearing on WAO’s mission and may have been reimbursed by the International Fund for Animal Welfare organization.

I urge you to investigate the alleged mismanagement and diversions of charitable assets which the WAO received from the generosity of donors, including our Texan citizens.  I respectfully request the Texas Attorney General’s Office assume temporary custodianship and remove the current owner/operators of Animal Sanctuary of the United States (ASUS), f/k/a The San Antonio Wildlife Emergency Centre, d/b/a Wild Animal Orphanage (WAO); Primate Sanctuary of America (PSA); Chimp Aid; Cat Haven; Feral Cat Rehab Center; and Whisker’s and Wag’s Humane Society, until such time new management can be established.
Please do not hesitate to contact me at (210) 647-1789 if you require additional information regarding this case.  Thank you for your time and attention to this important matter.

Very Respectfully,
Kristina M. Brunner

December 14, 2006

I received the 2004 Board of Directors meeting dates as part of the WAO’s Financial documents, and wow!  Carol listed three meetings that never took place and the one meeting we did have, she left off!  What a complete fabrication – created probably for the BBB Wisegiving folks.

December 16, 2006

Sent a quick email to OAG and BBB challenging the misleading 2004 BOD meeting dates – ha!

December 19, 2006

Chris K from OAG acknowledged receipt of the email I sent him regarding the WAO’s financial information.

December 20, 2006 – January 5, 2007

Forgot to log - so tired.

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