03-27-2009, 02:46 PM
WFF secretary service Wrote:Today we received a letter from the IFBB/EFBB financial controller.
The material can be the first step to the END of the IFBB/EFBB.
--- On Fri, 3/27/09, Fair Play <ifbbeurope@yahoo.com> wrote:
From: Fair Play <ifbbeurope@yahoo.com>
Subject: Fw: IFBB/EBFF/Asociacion Federacion Internacional de Fisicoculturismo ý Fitness (AFIFF)/Federacion Europea de Fisicoculturismo ý Fitness (AFEFF)
To: andre.wouters1@scarlet.be
Date: Friday, March 27, 2009, 1:31 AM
--- On Thu, 26/3/09, lawfirm.bauer <lawfirm.bauer@chello.at> wrote:
From: lawfirm.bauer <lawfirm.bauer@chello.at>
Subject: IFBB/EBFF/Asociacion Federacion Internacional de Fisicoculturismo ý Fitness (AFIFF)/Federacion Europea de Fisicoculturismo ý Fitness (AFEFF)
To: p.filleborn@neostrada.pl, albert@busek.de, dubinin@fbfr.ru, wanda.tierney@ukonline.co.uk, abbfasia@yahoo.com.sg, spbbf@slingshot.co.nz, pkagan@ifbbprofessionalleague.com, tblinn@ifbbpro.com, efbb@tedata...net.eg, ifbbcaribbean@msn.com, eweider@weiderpub.com, aquilesdecesare@hotmail.com, ehderose@terra.com.br, pcgraham@ozemail.com.au, bettomondello@libero.it
Date: Thursday, 26 March, 2009, 9:59 PM
Dr. Rafael Santonja
IFBB President
Calle Jaén, N0. 8
28020 Madrid
SPANIEN
20th March 2009/Mag.B/KR
EBFF
Reference: IFBB/EBFF/Asociacion Federacion Internacional de
Fisicoculturismo ý Fitness (AFIFF)/Federacion Europea de Fisicoculturismo ý Fitness (AFEFF)
Dear Rafael,
Dear Jose,
I am responding to your various emails of 17th March, 14th March (17:42 hours; 17:49 hours), 10th March and 20th Februar. The information you are providing in these emails is far from being satisfactory. On the contrary it is becoming more and more obvious, that there is a huge problem with legal status, financial management, tax declarations and reliability of the officers in charge of the financial management of IFBB and EBFF.
Although I have asked you again in my email of 18th February 2009 (sent on 3rd March 2009) the following documents
- all bank statements of EBFF - accounts 2007/2008
- all bank statements of IFBB – accounts 2007/2008
- spread sheet of income/expenditures of EBFF 2007/2008
- spread sheet of income/expenditures IFBB 2007/2008
- all signed sponsorship contracts of EBFF and IFBB with sponsors
- all contracts pertaining to “professional services” mentioned in the IFBB financial report to the Congress of the IFBB in Manama 2008
- all signed Contracts between EBFF and IFBB pertaining to intellectual property rights (TV – broadcast agreements, etc.)
- all documents pertaining to the protection of the intellectual property rights for IFBB and EBFF name and logo
- documents that prove, that EBFF and IFBB have a tax exempt status
- documents that prove, that the IFBB website is owned by the IFBB
- list of countries that have already applied for membership in Asociacion - Federacion Internacional de Fisicoculturismo y Fitness by signing the
- “Certificate of Membership to the IFBB” allegedly prepared by Javier Sanchez
still have not been sent to me in order to control the financial management of the Federations EBFF and IFBB. This leads me to believe, that you want to conceal everything and that the claim, that “the accounts with bank conciliations and all the details are fully available for you; and Jose is at your disposal for any detailed double check on every issue” (your email of 10th march 2009, 20:04 hours, 2nd page 5th paragraph from the bottom) is an untruthful statement.
1. International Federation of Bodybuilders Inc. (IFBB Inc...):
In your email of 10th march 2009 you refer to Mr. Luc Audet, who - allegedly – claims, that all monies (of IFBB Inc.) “were sent to Dr. Santonja, to my knowledge”.
So that means that the money from IFBB Inc. went to your private account? If that is true, that is very problematic. If transacted in a lawful way any money donated from IFBB Inc. to its successors should be transferred to a fiduciary account/trust account held for a new legal body to be created for the purpose of becoming the legal successor of International Federation of Bodybuilders Inc. Please send me the banking details (name and address of the bank, account number, owner of the account), the money from International Federation of Bodybuilders Inc. was transferred to (allegedly this was your account?).
International Federation of Bodybuilder Inc. being a non-for-profit organisation makes it appear very strange, that before its alleged dissolution properties were taken out and transferred into the property of another organisation – like it allegedly happened in 2005 with the segregation of assets of amateur and professional activities within the IFBB. According to the Joint Declaration it was definitely not the intention to donate the funds of International Federation of Bodybuilders Inc. to Dr. Rafael Santonja, let alone the fact, that these “agreements” were negotiated and concluded without involving most of the members of the IFBB Executive Council.
Was the Canadian tax revenue system informed about these agreements (especially the documents you sent me with your fax of 26th January 2007 and the Joint Declaration of July 2007)?
2. Asociacion - Federacion Internacional de Fisicoculturismo y Fitness (AFIFF):
In your email of 14th March 2009 (17:42 hours) you write:
“There is as well a bank account on behalf of the Federacion Internacional de Fisicoculturismo y Fitness (IFBB).”
If that information is correct, that means, that this account was opened behind my back? There was never an Executive Council or Congress Meeting of Asociacion Federacion Internacional de Fisicoculturismo ý Fitness (AFIFF).
Who made the decision to have a bank account and why I was not informed?
Send me please the opening documents of this account and all bank statements so far.
Whose money is on this account?
If it is an account of AFIFF, this corporation owns the money that is on this account and not the IFBB as per Constitution 2008 – Edition with the Executive Council elected on 29th October 2006!!!
3. Asociacion - Federacion Europea de Fisicoculturismo y Fitness (AFEFF):
The same situation applies for EBFF. The Spanish corporation founded behind the back of most EBFF Executive Council members and the EBFF Congress in 2008 (Federacion Europea de Fisicoculturismo ý Fitness - AFEFF) has no right to collect money for the EBFF that was founded 2002 in Minsk!
When you mentioned, that EBFF accounts shall be audited by two members of the Congress, how can that apply to an account of a different organisation nobody knew about – except you, William Tierney, Jose Ramos and Philippe Lefelle – AFEFF. It will be interesting to see, what documents Ivano Bianchi and Walter van den Branden have checked and if the claim of Jose, that they found, that the accounts are correct and in full compliance with the international regulations for accounting, is true.
4. Secret foundation of AFEFF:
Why it was concealed at the Executive Council and Congress meetings in Playa D’Aro in May 2008, that the corporation AFEFF was founded? If the foundation of this corporation was made with the best intentions, why then the EBFF Executive Council and Congress were not informed? Nothing about the foundation of that corporation was mentioned in the President’s report.
In your email of 14th March 2009 you write “EBFF has an opened account in its name since January 2003; attached you have a copy of the first bank statement from that time...”
This email did not contain any attachment!! I have not received this bank statement!!
If it is true, that in Spain a bank account can be opened on an association as soon as the statutes (bylaws) are presented, did you inform the bank later on, that a registration with the initial bylaws could not be achieved?
Why was this information withheld to EBFF Executive Council and EBFF Congress members?
I am legal adviser of EBFF since the foundation of this federation and have never heard about any problems with registration and/or bank accounts.
5. Further measures:
I consider it necessary to extent the investigation pertaining to financial management to the period from the foundation of the EBFF at the Congress in Minsk up to this day and propose to immediately strike a committee for the purpose of analysing the legal, fiscal and financial situation of the EBFF since its foundation and report its findings and recommendations as soon as possible to the EBFF Executive Council and Congress.
6. Tax situation:
Did the EBFF /IFBB/AFIFF/AFEFF ever file tax declarations? I am not talking only about value added tax (VAT) but about income and/or corporation taxes!
Who is responsible by Spanish law to file tax declarations for AFIFF and AFEFF?
Talking about the “tax-exempt-status” of EBFF and IFBB (do you mean AFIFF and AFEFF?) I found it quite amusing, that Jose sent me a declaration of his own, that he confirms, that both organisations don’t have to pay value added tax. I would be more relaxed, if the Spanish tax revenue system can issue such a document.
As far as I know nobody in the IFBB/EBFF ever saw a detailed list of income and expenditures connected with a clear documentation referencing every single position of income and expenditures. I doubt that such a documentation exists, because otherwise I would see no reason, why you would not have forwarded me at least the excel spreadsheets of such documentations. With computer generated accounting it is very easy to send such accounting quickly by email or fax to anyone who requests information about the accounting and fiscal management of a corporation. When you assert that you have done all that in a perfect way, why you don’t send me these documents and lists of income/expenditures so I can check myself?
When you write in your email of 14th march 2009, that there is no financial connection between IFBB and EBFF, this is obviously wrong, because you concede that sponsorship money and costs for office expenditures, secretary etc. is shared between IFBB and EBFF.
It is both funny and strange, that you do not even mention the accounts of EBFF and IFBB (bank name/account number), you only mentioned, that the accounts “are known to members”. If the accounts of IFBB and EBFF are run under the names of AFIFF and AFEFF these are different organisations with different members, a different Executive Council and a different Constitution.
Your “explanations” are full of contradictions and confusions.
Attached please find the 3 documents pertaining to “Money flow in the IFBB” and “Money flow in the EBFF”, containing the different persons/organisations possibly involved in the money flow.
Will you please be so kind as to explain which way the money goes from IFBB/EBFF members and IFBB/EBFF contractual partners (sponsors, licensees, organisers) to IFBB as per Constitution 2008 – edition with Executive Council elected on 29th October 2006, EBFF, AFIFF, AFEFF, IFBB Canada, Dr. Rafael Santonja (and/or companies owned and/or controlled by him), Priscila Arce and any other IFBB and/or EBFF officials?
7. website www.ifbb.com:
I know that “Network Solutions LLC” is not the “owner” of the IFBB website, but the domain registrar. Fact is, that from the registration of the website it is not possible to identify who the owner of the website is. Therefore I am asking you again: who is the owner of this website?
- IFBB Canada
- AFIFF
- IFBB as per Constitution 2008 – edition with Executive Council elected 29th October 2006
- other legal entity
I would like to see documentary proof of the ownership of this website. In which way the name and logo of the IFBB are protected? Who owns the name and the logo of the IFBB?
- Ben Weider´s Heirs
- IFBB Canada
- AFIFF
- IFBB as per Constitution 2008 – edition with Executive Council elected 29th October 2006 as group without official registration
- other legal entity
Which intellectual property rights pertaining to IFBB and EBFF have you registered in your own name or in the name of one of your companies? Can you send me a detailed list of the properties/assets of
- AFIFF
- AFEFF
- IFBB Canada
8. Dr. Rafael Santonja and his companies – sponsor of EBFF/IFBB:
You are writing, your companies are providing money, services and voluntary work at any moment (your email of 17th February 2009). Can you please give me documentary proof, that you or your companies had donated money to EBFF/IFBB? To be precise in the EBFF in 2007 according to the financial report of Jose Ramos we had income from sponsors in an amount of € 37.129,00. How much from this money was sponsored by your companies? On the other side of the coin in the same year EBFF had expenses for administration and accounting service of € 3.021,00, flight tickets and hotels of € 30.513,48, bank expenses of € 1.517,00, printing and publicity presents, DVD reproduction costs of € 13.127,96, costs for professional services, EBFF webpage and EBFF magazine € 25.312,00, costs for office equipment, stationary, post expenses, informatic equipment and so on of € 2.259,00 etc. How much money from the expenses went directly or indirectly from the EBFF/IFBB back to your companies?
Was the production of the EBFF magazine done by your company?
Did your company receive money for that? If yes, how much and when?
According to the 2008 EBFF financial report you want to charge the EBFF backdated to 1st January 2008 with € 6.000,00 for office, € 6.000,00 for telephone, € 24.300,00 for salaries, € 7.700,00 for other expenses and € 5.000,00 for printing materials as well as € 26.100,00 for hotels and trips?
That looks as if not you are sponsoring EBFF, but quite contrary EBFF is sponsoring you!
Not only you or your companies have expenses when it comes to provide services for EBFF/IFBB. Most working Executive Council members also have telephone costs, office costs, need to pay salaries to employees who provide work for IFBB/EBFF – they shall get nothing?
In the IFBB financial report of the year 2007 among the income a sponsorship (hardcore) in an amount of USD 100.680,87 was mentioned as IFBB income. When was this money paid and into which account?
9. Personal attacks:
Your defence strategy – ordering other executives to write to me nasty emails in order to stop me from bringing “light into the darkness” are counter productive. I know, that some of the executives did not even write these emails by themselves and called me after sending them to apologize explaining what kind of pressure/sweet talking from your side was done to get these emails sent. These problems cannot be solved with hatred and emotions. These problems have to be dealt with objectively with consideration of all facts. Secret meetings, hiding and concealing as well as inciting other officials to write to me in a hostile manner, contribute nothing to solve this unpleasant situation. These desperate actions only confirm the feeling that you deem every measure justified that prevents this bogus game to be revealed.
Kind regards
Axel
encls.
<<.....>> <<...>> <<...>>
ÖABBV-IFBB/Austria
Mag. Axel Bauer
Präsident
Favoritenstrasse 26/6
1040 Wien
Tel.: +43 1/ 710 54 99-0
Fax +43 1/ 710 54 99-9
E-Mail: lawfirm.bauer@chello.at
It is interesting!