Lawsuit Against NTSSA Board Member David Arciniega & Garland

by Soapboxmom 4/2/2016, 9:15 am

The lawsuit against North Texas State Board Member David Arciniega and Garland Soccer goes forward. GSA and David Arciniega's Plea to Jurisdiction was denied on April Fool's Day. Please find following the Second Amended Petition:

www.realscam.com/attachments/f14/13495d1459604875-scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-dobrott-vs-garland-soccer-david-arciniega-second-amended-petition.pdf

by soccerdadrandy 4/2/2016, 10:06 am

Are you Heather. Who other than Heather was injured? We're any kids molested by the husband mentioned in the lawsuit? Thanks for clarifying...

by Soapboxmom 4/2/2016, 10:27 am

soccerdadrandy wrote:Are you Heather. Who other than Heather was injured? We're any kids molested by the husband mentioned in the lawsuit? Thanks for clarifying...

What has happened to me in Garland Soccer is typical of the way coaches and directors are treated in this corrupt and totally mismanaged organization. There are no A & D or Ethics Committees as the by-laws for GSA and NTSSA require. The number of players has dropped from over 4000 to around 2000 since David Arciniega took over as things are so unorganized and members are treated so badly.

Garland Soccer has been rocked by incidents of children being harmed. Allowing a registered level 2 sex offender with a child victim access to records when a coach that has not passed a background check cannot do so is totally irresponsible and puts kids in danger. David Arciniega insisted on keeping that director that couldn't drive and her dangerous offender husband that were running around bragging that he was going to meet with them to discuss building the fence for Audobon before any open bidding was in progress.

Garland Soccer, after being in the news for children being harmed, has taken no appropriate steps to protect its kids. There should be increased oversight. Parents, coaches and players should be educated about ways to keep kids safer. Polices and procedures should be implemented to reduce the risk to kids with things like 2 deep leadership and more. Policies and procedures outlining how to respond to a child being hurt should be in place. I tried to introduce all of that and my board reports reflect that, but David Arciniega blocks motions made to make the necessary changes to address these safety issues.

by Uncleof05AP 4/2/2016, 11:05 am

"Garland Soccer has been rocked by incidents of children being harmed." This is really horrible. I might have missed it, but I did not see any specifics in your petition setting forth "incidents of children being harmed." For the safety of their children, I am sure everyone would like to know these specifics in case their children are associated with the individuals. Therefore, please elaborate on specifics. In advance, thanks.

by Soapboxmom 4/2/2016, 11:19 am

Anyone who does a Google search on Garland Soccer will see the first pages totally covered with the stories of Garland's players being raped by Bernardo Mondragon-Guzman and his subsequent arrest in 2012. Then, David Arciniega insisted on keeping that director that couldn't drive and depended on her registered sex offender husband to accompany her everywhere. Another coach who played in Garland was arrested in June 2015 and I was interviewed by CW33 and Fox 4.

These predators average 17 victims each and 95% of sex offenders will pass a background check. Garland and NTSSA have dropped the ball and are not doing the obvious things they should be to reduce the risk of our precious children being harmed.

http://www.dallasnews.com/news/community-news/garland-mesquite/headlines/20140225-ex-garland-soccer-coach-sentenced-to-prison-for-molesting-players.ece

http://legacy.wfaa.com/story/news/local/dallas-county/2015/06/16/garland-soccer-arrest-child/28803325/

http://cw33.com/2015/06/16/north-texas-soccer-coach-arrested-for-child-indecency/

by SnookumsConCarne 4/3/2016, 8:32 am

Level two sex offended: indicates that the person poses a moderate danger to the community and may continue to engage in criminal sexual conduct.

And GSA knew about this?

Disband and replace everyone associated with GSA.
Create a new GSA immediately.

The kids still need to play.
But not under this group who failed the community and kids.

by soccerdadrandy 4/3/2016, 9:49 am

So is this lady and pervert still in charge?

by Soapboxmom 4/3/2016, 8:30 pm

soccerdadrandy wrote:So is this lady and pervert still in charge?

I alerted North Texas and the Garland VP Piney Burch-Walser in September of 2014. David Arciniega insisted on keeping that women who couldn't drive and her sex offender husband (with a child victim) chauffeur until the June 2015 election.

The nut and her pervert husband were running around since 2013 bragging that David Arciniega would be meeting with them about a fence at Audubon Park and a pavilion to be built at Winter's. Can we say conflict of interest boys and girls? They have an F with the BBB (and that ain't for fantastic). The nut and pervert also tried to pin their mysterious second house fire (in 14 months) on a member of the board who stood up to them. Arciniega sure knows how to pick 'em.

This is exactly why I filed suit and named Arciniega individually. North Texas needs to hire a forensic auditor to look into the missing money and an independent counsel to investigate the goings on in Garland Soccer. As there is no A & D Committee or Ethics Committee, David Arciniega is nothing more than a dictator with no boundaries whatsoever. There is a reason Garland went from the second largest association with over 4000 players to barely 2000 ten years later.

by Soapboxmom 4/4/2016, 1:54 pm

http://www.txsoccer.net/t13276p25-garland-soccer-coach-charged-with-sexual-assault-of-a-child#246451

Post by HG1 on 15/10/15, 09:40 am

I was around GSA for 20+ years. David Arceniega is without question, the biggest slime ball I have ever come across in the soccer world, he makes Hilary Clinton look like mother Teresa.

Putting aside the Sex Crimes, the missing funds, the bogus elections, he just conducts himself in a way that is slimy. He has surrounded himself with slime ball constituents, and it is quiet easy to tell which one those are, if they have been on the board for over 8+ years, then they are one. Those that don't follow him blindly, are pushed out.

by Soapboxmom 4/6/2016, 12:58 pm

I made a formal complaint to the City of Garland. Whistle-blowers should never be barred from participating in a city sponsored program. I have not been allowed to participate for the past 3 seasons. I did nothing wrong. I have pointed out that safety issues are not being addressed. I pointed out that financial issues were not being properly documented. I pointed out the board member reports and other documents were being kept secret in direct violation of the by-laws, state law and IRS regulations. I pointed out that with no A & D Committee and Ethics Committee that all the A & D hearings were unfair and illegal and no charges should have ever been filed. Coaches and participants also have no way to appeal or get help with those things not in place. US Youth, North Texas and Garland all flout their by-laws.

I demand the City of Garland remove all the directors on the Garland Soccer board that are responsible for this mismanagement and harassment of members or oust the whole group and allow US Club Soccer or another reputable organization have use of the fields. The major league is simply collapsing. The numbers are continuing to drop and many more longtime coaches will leave over the summer. Why should the taxpayers have to put up with this disaster of a program?

by DragonStryker 4/6/2016, 4:09 pm

If IRS regs are being violated, I suggest you contact the IRS directly. They pay quite well for whistleblowers that provide information that turns into $$$.

by nearpost95 4/6/2016, 5:16 pm

Soapboxmom wrote:
I demand the City of Garland remove all the directors on the Garland Soccer board that are responsible for this mismanagement and harassment of members or oust the whole group and allow US Club Soccer or another reputable organization have use of the fields.

City of Garland cannot remove the directors. Any attempt to deny use of the fields would be subject to the terms of whatever agreement or ordinance is in effect.

by Soapboxmom 4/6/2016, 6:07 pm

DragonStryker wrote:If IRS regs are being violated, I suggest you contact the IRS directly. They pay quite well for whistleblowers that provide information that turns into $$$.

Garland Soccer is not making documents public as required by state law and the IRS. Garland has sent in the required info to NTSSA to be included with their group tax filing.

by Soapboxmom 4/12/2016, 8:24 pm

Time to kiss North Texas goodbye. Other groups are stepping up and offering to take over Garland and the surrounding territory. As North Texas is not following its by-laws and doing its job for the local associations that is has jurisdiction over it is definitely time for change. Please contact the city of Garland and let them know your thoughts! The city has so few players now that it must pick a single group to head up the soccer program.

Garland has gone from the second largest association in NTSSA to a collapsing mismanaged disaster with less than half the number of kids playing since David Arciniega's dictatorship came into power. With the numbers continuing to plummet, what is left of Garland Soccer should be saved so the kids can play close to home.

by omega striker 4/12/2016, 9:20 pm

Soapboxmom wrote:Time to kiss North Texas goodbye. Other groups are stepping up and offering to take over Garland and the surrounding territory. As North Texas is not following its by-laws and doing its job for the local associations that is has jurisdiction over it is definitely time for change. Please contact the city of Garland and let them know your thoughts! The city has so few players now that it must pick a single group to head up the soccer program.

Garland has gone from the second largest association in NTSSA to a collapsing mismanaged disaster with less than half the number of kids playing since David Arciniega's dictatorship came into power. With the numbers continuing to plummet, what is left of Garland Soccer should be saved so the kids can play close to home.

I find that hard to believe

by Soapboxmom 4/18/2016, 4:57 pm

www.realscam.com/attachments/f14/13773d1461016018-scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-order-denying-garland-soccer-david-arciniegas-plea-jurisdiction.pdf

No doubt the Garland Soccer board will see this for the first time here as David Arciniega keeps the board completely in the dark.

by Soapboxmom 5/4/2016, 3:56 pm

No one from GSA showed up for the April Fool's Day hearing where GSA and David Arciniega lost their pathetic bid to get the case thrown out due to jurisdictional issues. I bet the board is also being kept in the dark about the trial date set by the judge:

04/01/2016 Plea to Jurisdiction

Judicial Officer: MOLBERG, KEN

Hearing Time: 10:45 AM

Comment: CINDY / 214-741-1166 / 30MIN
04/08/2016 NON-SIGNED PROPOSED ORDER/JUDGMENT

Document Dobrott Order Denying Defendants' Amended Plea to the Jurisd

Comment: PROPOSED ORDER DENYING DEFENDANTS AMENDED PLEA TO THE JURISDICTION
04/08/2016 CORRESPONDENCE - LETTER TO FILE

Document Dobrott Ltr to Clerk - proposed Order 4-8-16.pdf

Comment: RE: PROPOSED ORDER DENYING DEFENDANTS AMENDED PLEA TO THE JURISDICTION
04/08/2016 NOTE - ADMINISTRATOR

Comment: to clerk: Order - signed 4/8/2016.
04/08/2016 ORDER - DENY

Document ORDER - DENY

Comment: ORDER DENYING DEF AMENDED PLEA TO THE JURISDICTION
04/26/2016 TRIAL SETTING (NON JURY)

Comment: Trial re-set: October 31, 2016. Notice mailed to all counsel.
10/31/2016 Non Jury Trial

Document TRIAL SETTING (NON JURY)

Judicial Officer: MOLBERG, KEN

Hearing Time: 8:30 AM

Happy Halloween it will be!

by Seinfeld4 5/4/2016, 5:59 pm

It seems you are the only person that cares about this topic. I admire your passion......

by finish1 5/4/2016, 8:01 pm

I'm following this thread and reading the newspaper. Good for the OP for following up on an important topic.

The truth is rec soccer is in serious trouble in NTX and their are some real bad apples taking over the leadership roles in these organizations.

It's a shame really because there are a lot of D1 soccer players that have come up through the rec associations with dad coaches and the support if the local community.

Keep up the fight OP. We are with you!!

by Soapboxmom 5/6/2016, 9:10 am

I received a report from a licensed attorney calling from his law office that is on the board af another youth sports group using Jevin. They are owed $39,000.00 by Jevin and a group near them is out $20,000.00 as well. David Arciniega forced the GSA board to retain Jevin after numerous late payments and "missing money" from 2013. David Arciniega is responsible for risking tens of thousands of dollars belonging to the children and families of Garland with Jevin. This is one of the many reasons I filed suit against him. He has destroyed Garland Soccer. Board members, coaches and players are leaving Garland Soccer in droves. GSA is collapsing.

The City of Garland and US Youth Soccer must immediately take action. As Arciniega is on the NTSSA board, then US Youth Soccer must take jurisdiction of GSA and a forensic auditor and independent counsel must be appointed to thoroughly investigate David Arciniega and Garland Soccer.

www.realscam.com/attachments/f12/14053d1462543390-jevin-inc-dan-ptak-online-sports-organization-management-software-hell-david-arciniega-garland-soccer-plaintiffs-second-amended-petition-garland-soccer-david-arciniega.pdf

by goal44 5/6/2016, 1:14 pm

Soapboxmom, I admire your position, thank you for taking the stand. The world today is a different place from what it was when we were growing up. Thank you for making the world a better place!

by Soapboxmom 5/9/2016, 12:52 pm

Welcome to the GSA website

See the North Texas State Soccer Association website for upcoming local tournaments.

GARLAND SOCCER ASSOCIATION
SPRING 2016 MEMORIAL TOURNAMENT - MARK DERAMEE CUP

U6 Boys
Cobras
FC Lightning
Little Rockstars
Rockets
The Mustangs
Wylie Lions
Yellow Tigers
Eagles of America
Red Bulls
Tazmania Twisters
The Avengers

U6 Girls
Chivas
Bumble Bees
Frozen Fairies

U8 Boys
Avengers
Green Dragons
Lions
Mini Pumitas
Panthers
Sharkes
SuperHeroes
The Storm
Genesis
Ninjas
Vipers

U10 Boys
Cougars
Eagles of America
FC Barcelona
FC Pumas
Hornets
Atlas Lions
Chelsea
FC Paris
Garland Panthers
Garland Shooting Stars
Real Soccer
Stingrays

U10 Girls
Lady Minions
Wings
Angels
Lady Outlaws
Lady Rangers
Panthers

U12 Boys
Wolves
Bulldogs
Wildcats FC
Red Devils
Red Bulls
Juventus
Genesis
FC Kaos
Club America
Bulldogs

U12 Girls
Diamonds
Lady Tigers
Green Machine (RYSA)
Team USA
Twizzlers
FC Barcelona
Lady Pirates
Lady Pumas
Pink Lions
Panthers (RYSA)

U14 Boys
FC Barcelona
Golden Lions
Vickery United (LHSA)
North Stars
Manchester United
Outlawz FC
Pumitas
Rhinos
Leon FC (LHSA)

U14 Girls
American
Pink Panthers
Lady Barcelona

U16 Boys
Barcelona
Vickery United (LHSA)
PSG

U19 Boys
FC Garland
Vickery United (LHSA)
Pumas
Texans

Phone: 972-530-2636
Physical Address:
1917 Apollo Rd.
Garland, TX 75044
$Lawsuit Against NTSSA Board Member David Arciniega & Garland C:\Users\Heather\AppData\Local\Temp\msohtmlclip1\01\clip_image006$
Fax: 972-495-4432
Mailing Address:
P.O. Box 451841
Garland, TX 75045-1841
Office Hours: Monday – Friday, 10:00am – 2:00pm
Email: office@garlandsoccer.com

Garland Soccer continues to collapse due to the mismanagement, manipulations and dishonesty of David Arciniega. When he took over there were 4000 players. Now, there are barely 2000. Tournaments used to be huge. Even a few seasons ago there would be more than 100 Garland teams in the GSA tournaments. Usually at least 50% of the teams would sign up. In what looks to be the last tournament under Arciniega only 75 Garland teams registered out of a paltry 192 playing this season.

Wylie has had awesome free tournaments as they have wonderful forward thinking leadership that works together. They had gobs of very generous and reputable sponsors. David Arciniega has refused to allow the directors to seek out sponsors. So, there are no sponsors for the Garland tournaments. Arciniega had to make serious price hikes in the tournament fess as with the rapidly shrinking numbers Garland is probably losing money and in serious trouble.

Come fall the U19 teams will age out and not be playing and many more teams, coaches and players will join the mass exodus. The City of Garland and North Texas State Soccer (NTSSA) should have stepped in a long time ago and thoroughly investigated the safety and money issues in the program. The city of Garland now has no real viable soccer program and the taxpayers are forced to pay for a program that they don't want to play in or are barred from participating in. Anyone like me who demanded that David Arciniega follow, the by-laws, IRS regulations and state law concerning fiduciary duties and the like is harassed and sometimes forced out. So, the City of Garland has its own taxpayers being barred from participating in this city sponsored program for no legitimate reason. The total collapse of Garland Soccer in imminent.

by Soapboxmom 5/9/2016, 9:08 pm

Discovery responses from David Arciniega and the Garland Soccer Association (close to defunct board) were due today. Just what does David Arciniega have to hide? Their attorney has not turned over a single piece of paper nor asked for an extension. There were also other documents that the GSA attorney had said he would file that have not been filed. Motions to Compel and Motions for Sanctions may be forthcoming.

I would bet that the Garland Soccer board has no knowledge of any of this and have not even begun to gather the documents the court will require all of them personally to turn over. When I was on the board we were denied documentation and kept totally in the dark about everything by David Arciniega. Board members could not access any files in the soccer office either. That is in direct violation of the by-laws, state law concerning fiduciary duties, IRS regulations.

Judging from the first lie-filled response to the lawsuit by the North Texas State Soccer Association (NTSSA) attorney that mysteriously bailed when it got a little hot in the kitchen, the only person with access to the lawyers is that liar David Arciniega. The original response claimed issues that I had must be heard at the NTSSA level. Obviously, that is not correct according to the by-laws of GSA and NTSSA, and if the board had seen that totally false information in that legal filing, it would have been corrected.

The second attorney (paid for and working for the insurance company) told an outright lie in court as well. He claimed I had not been to NTSSA with my concerns. I have been to NTSSA, Region III, US Youth and US Soccer as warranted. So, again I am sure the attorney is only talking to that liar, David Arciniega and the board has no clue what is going on with the lawsuit whatsoever.

ARTICLE III
-
Directors and Officers, Election, Terms of Office, Removal and Executive

Committee

1.0

DIRECTORS
1.1
The direction and management of the affairs of the Association and the control and disposition of its property and funds shall be vested in the Board of Directors.......
4
February 2016
-
7
-
ARTICLE IV

-
Powers and Duties of Board of Directors
1.0
POWERS

1.1
The Board of Directors shall be authorized to exercise all powers, duties and authority of the
Association....

2.3
The Board shall cause to be kept a complete record of its corporate affairs and shall make such
records available for inspection by an y member. The Board shall provide for an annual audit of
the financial affairs of the Association by the Auditing Committee and, upon acceptance
thereof, shall make copies thereof available to all Members....

2.7
The Board shall procure and maintain adequate insurance to protect the Association, its
employees and its personal and real properties....

ARTICLE V
-
Duties of Officers and Directors
1.0
THE DUTIES OF THE OFFICERS OF THE ASSOCIATION ARE AS FOLLOWS:
1.1
President :
The President shall be the chief executive officer of the Association, and as such
shall preside at all meetings of the Board of Directors and of the Association, shall see that
orders and resolutions of the Board are carried out....

ARTICLE VIII
-
Indemnification of Officers and Directors
Each Officer and Director of the Association, in consideration of his service as such, shall be
indemnified by the Association to the extent permitted by law against expenses and liabilities
reasonably incurred by him in connection with the defense of any action, suit or proceeding,
civil or criminal, to which he may be a party by reason of being or having been Director or
Officer of the Association. The foregoing rights of indemnification shall not be exclusive of
any other rights to which the Director or Officer or person may be entitled by law or agreement
or vote of the members or otherwise

Clearly the board is supposed to run the association and not the self-appointed dictator, David Arciniega. And, GSA should have immediately invoked its insurance to get an attorney to address the lawsuit. I think David Arciniega used the NTSSA attorney as he wanted an attorney that he alone would control and benefit from. As he is the main reason GSA has been sued, he should accept responsibility and not let his many misdeeds hurt the charity he had sworn to serve.

Obviously, David Arciniega lied to the member coaches and families when he assured them that he had done nothing wrong and that the case would be thrown out in June 2015. Arciniega isn't winning, but rather completely destroying GSA. Instead of electing directors, the member coaches should dissolve the corporation at the May 26th GSA meeting and demand that US Youth step in and take jurisdiction and that the City of Garland be involved in forming a new governing body for the city program.

by Soapboxmom 5/9/2016, 9:39 pm

The GSA board is no doubt being kept in the dark by Arciniega. If they are not hearing from the lawyer, I suggest they file formal complaints.

http://cdc.texasbar.com/cdc/content/docs/Grievance_Form_English.pdf

https://www.texasbar.com/AM/Template.cfm?Section=Ethics_Resources&Template=/CM/ContentDisplay.cfm&ContentID=14125

Rule
1.03
.
Communication
(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly
comply with
reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to
make informed decisions regarding the representation.

Not to mention that the board and David Arciniega should have separate representation for obvious reasons:

http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/index8.html#post89044

by goal44 5/10/2016, 2:22 pm

Heather, are you doing all this to help Garland soccer or to get $100,000 you are suing the association for? I thought that all of these posts were to help the kids play soccer and improve the situation with the association, until I saw the price tag attached to your lawsuit. If you win the case, would you spend the money on a new SUV or would you help kids in Garland with building/improving the fields and help low income families to have their kids play the game? Just curious....