John Leonard of ASCA enters the SCAQ blog with a threatening note

I received a stern email this morning at 6:27 AM from John Leonard; (At least that is what the header on the email claimed) - I have decided I am going to share what he wrote and my response back to him:

Mr. Austin - every single representation stated by Ms.Gjerstad from San Antonio in her communication which you have reprinted and posted/distributed is incorrect.

Ms. Gjerstad has not been courteous enough to provide me with any questions or even a copy of attack on ASCA and myself.

I do not have her email.

Let me repeat, ASCA (which is a 501-C6) corporation and the ASCA Council (which is a 501-C6 corporation) are both properly registered with all paperwork in order continually for many years in the State of Florida.

If this is not retracted, I, along with ASCA, will be filing suit for slander in rapid order.

You, and every other person in this country are entitled to your own opinions of everything, including myself and ASCA. You are not entitled to your own facts, nor the ability to broadcast lies about people or entities.

I will send the same message to MS. Gjerstad, if you will provide me with her email.

thank you. John Leonard

Here is how I responded:

Dear Mr. Leonard:

I note that you are challenging the veracity of statements in Ms. Gjerstad’s blog posts, some of which may have been discussed in the SCAQ Blog. Unfortunately, in your note to me you did not identify with any specificity the representations you claim are incorrect, how they are incorrect or provide evidence to support your assertion. Please be advised that I strive to ensure that facts recited in my blog posts are accurate and, to that end, invite you to provide the support for your claim of inaccuracy and, upon verification, will post an appropriate correction.

Since we have now established direct contact I do have a question regarding ASCA’s registration in Florida. It is my understanding that a so-called 501(c)(6) entity is one afforded special tax treatment, i.e., exempt from certain federal taxes, by the Internal Revenue Service, generally described as a not-for-profit company or association, as contrasted with a commercial enterprise engaged in for profit activities that are subject to federal taxes. You have indicated that ASCA is a “corporation” that enjoys the benefits of the 501(c)(6) status but a corporation is something established under state, not federal law. The term “foreign” corporation applies, typically, to a corporation organized under the laws of one state but authorized to do business in a second state. What I am seeking to clarify is, accepting your claim that ASCA is a “corporation” operating permissibly as a “foreign” corporation in Florida, in which state is ASCA incorporated as a so-called “domestic’ corporation. The only information I have been able to ascertain is that ASCA was at one time a domestic corporation organized under the laws of the state of Iowa but appears to no longer enjoy that status. I am hoping that you can provide those facts.

In the meantime, I look forward to a constructive and civilized exchange with you, receiving facts and information not spurious threats of litigation.


Sincerely,

Tony Austin

For information on what a 501(c)(6) non profit means, check out this link: [Link]

For info on the ASCA articles of incorporation at the Florida Department of State - Division of Corporations , here is a link that lists ASCA as a "foreign corporation": [Link]

Here is a link to the IOWA Secretary of State stating that ASCA corporation in Iowa is inactive - Type in this corp number in the appropriate search box - 54460: [Link]

I am looking forward to clarification on this matter!