Thursday, September 16, 2010

QUINTANILLA GETS ASS KICKING, BUT WITH A SECOND CHANCE

Sorry for the late post, put I was in court covering the Quintanilla hearing in the Zayas/Cortez litigation. This lawsuit is important to the BISD election, which explains why the Herald failed to show. Other than myself, court staff, the lawyers, and Qintanilla, the only other people there were Luci Longoria and Fernando Ruiz. Luci Longoria my readers may remember is running against Rick Zayas.

By 2 p.m. I should have my complete report - but for now you need to know Luci Longoria is a plant by Quintanilla and Ted Parker. Given all of the evidence which came out in court, this is the only conclusion any reasonable person can form.

THE COMPLETE STORY:

A bit of background is needed. Zayas and Cortez sued Carlos Quintanilla for defamation. Quintanilla counterclaimed asking that Zayas and Cortez be removed from office. This week Ted Parker individually and Healthsmart were added to the lawsuit.

Today’s hearing concerned Carlos Quintanilla’s refusal to produce evidence to support his claims. Before I get into the merits of the hearing I want to deal with Adrian Martinez, counsel for Zayas and Cortez. My view is he has allowed Quintanilla to take control of the process. Quintanilla through intentional distraction or shear incompetence refuses to address questions. This was apparent in court. Rather than simply move forward and allow Quintanilla to hang himself Martinez seems to take the bait and allow for the distractions. If Quintanilla does not want to answer discovery, so be it. Under the rules when a party moves for summary judgment the other party cannot use any evidence they failed to produce in discovery. It is time Adrian Martinez simply move for a no evidence summary judgment on the issue of the removal of Zayas and Cortez.

Not helping Martinez was a series of over broad financial questions proposed to Quintanilla. The problem here is Carlos Quintanilla is Accion America. All of his claims about being incorporated and being a non-profit were lies. The court did agree that because Accion America and Carlos Quintanilla are one and the same he will have to disclose all private financial information which goes to Accion America.

The final problem I noticed on the Zayas/Cortes side is, because they sued Ted Parker and Healthsmart, they are now disqualified from voting as BISD Board Members on issues related to Ted Parker and Healthsmart. The perception is, they will hold Ted Parker and Healthsmart hostage as BISD board members until they get from them what they want in their personal lawsuit.

QUINTANILLA TAKES AN ASS KICKING, BUT WITH A REPRIEVE

Quintanilla did win on a hand full of issues related to Zayas/Cortez second request for production of documents. These are the documents related to Accion America and CareBrownsville finances. Because it appears Quintanilla may be commingling AA funds and personal funds, the court ordered that he release only those private financial documents which show expenditures for Accion America or Care Brownsville. Martinez withdrew his request for Quintanilla’s tax returns.

On this financial issue Quintanilla admitted he is Accion America. There is no corporation nor a non-profit as he has mislead people to believe. In fact he admitted he has not so such much as opened a separate checking account for Accion America. Remember this man has been found guilty of fraud and served time in federal jail as it relates to his fund-raising activities.

Quintanilla did say a women by the name of Margarita Lara (sp?) has opened a checking account for Accion America. This is where it gets interesting. Why does he not have a checking account for Accion America funds. This has to be somehow tied to his past felony conviction related to fraud in the fund-raising process. Texas does have laws on this issue as it relates to Texas non-profits and non-profits from other states. It is not clear to me if this bars Quintanilla from holding a position in a non-profit for past acts. I will say this in both federal and state court it is not unusual for states and the federal government law enforcement agencies to make a condition of parole a permanent injunction against future fund-raising. Quintanilla needs to answer why he lied about the non-profit and incorporation issues? He needs to explain why if he is Accion America why he does not have a checking account for Accion America?

TO BE CONTINUED - GUYS I HAVE A HEADACHE - BACK BY 5 P.M.

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