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Amendment under the General Not For Profit Corporation Act of Illinois of the Filipino American Council of Greater Chicago (FACC) by FACC President Alfonso S. Bascos and FACC Secretary Jean Espinosa on July 10, 1998, it was in keeping with the statutory filing requirement.

 

CRUDE LIST OF NEW FACC OFFICERS:

THIS IS THE SCRIBBLED COPY above of the new “LIST OF OFFICERS OF THE BOARD OF DIRECTORS” of the FILIPINO AMERICAN COUNCIL OF GREATER CHICAGO, INC. on file with the Illinois Attorney General Lisa Madigan’s Chicago Bureau Trust and Solicitation. (JGL Photo)


In the same way that when the original name and articles of incorporation were filed by Jose M. Leonidas as President and Maria G. Acierto as Assistant Secretary of THE FILIPINO NATIONAL COUNCIL OF CHICAGO, they paid then Illinois Secretary of State Charles F. Carpenter $10 filing fee on March 11, 1953.

On March 23, 1965, when Mr. Leonidas as President and Dr. Acierto as Assistant Secretary filed for a change of name of THE FILIPINO NATIONAL COUNCIL OF CHICAGO because its “original function and purposes” “had long been forgotten” among others to FILIPINO AMERICAN COUNCIL OF CHICAGO” and amended its articles of incorporation, they paid a filing fee of $10 to Illinois Secretary of State Paul Powell.

And when President Bascos and Secretary Espinosa filed for a change of name from FILIPINO AMERICAN COUNCIL OF CHICAGO to FILIPINO AMERICAN COUNCIL OF GREATER CHICAGO on May 15, 1997, they paid Illinois Secretary of State George H. Ryan $25.00 filing fee.

 

FORMAL FILING: 

THESE ARE THE copies above of the formal filing of the amendments to the articles of incorporation filed by Mr. Alfonso S. Bascos as President and Ms. Jean P. Espinosa as Secretary of the Filipino American Council of Greater Chicago on April 30, 1998 with proper signature before filing them with the Illinois Secretary of State. Note also they paid a filing fee. (JGL Photo)


Why will incumbent FILIPINO AMERICAN COUNCIL OF GREATER CHICAGO President Rufino Crisostomo file amendments, if not complete revision of its Constitution and Bylaws (C & B)  “As Redrafted and Revised (on) February 17, 2017,” and submit it to Illinois Attorney General Lisa Madigan’s Bureau of Trust and Solicitation office but will not file it with Illinois Secretary Jesse White and will not pay for $100?

According to the General Not For Profit Corporation Act of 1986, the Secretary of State shall charge and collect in accordance with the provision of this Act “(b) Filing articles of amendment, $25, unless the amendment is a restatement of the articles of incorporation, in which case the fee shall be $100.” 

CRUDE FILING

 

FORMAL PAYMENT: 

THIS IS THE copy of the formal filing of the original name and articles of incorporation of the FILIPINO NATIONAL COUNCIL OF CHICAGO on March 11, 1953 by Mr. Jose M. Leonidas as Charter President and Maria G. Acierto as Assistant Secretary after payment of $10 filing fee before the Illinois Secretary of State. The FILIPINO NATIONAL COUNCIL OF CHICAGO was later changed to FILIPINO AMERICAN COUNCIL OF GREATER CHICAGO in 1997. (JGL Photo)


In the crudely filed 38-page revision of the FACC C & B with Illinois Attorney General Lisa Madigan, Dr. Crisostomo filed it in his capacity as Chairman, instead of President and erased and left blank the signature line. (Please see attached revision.)

An analysis by the Journal GlobaLinks shows that the 38-page revised FACC C & B is a mere scrap of paper for non-payment of filing fee with Illinois State Secretary Jesse White under the General Not For Profit Corporation Act of 1986 and for not signing the newly-filed FACC C & B to circumvent the jurat that any misstatement in the filing will be a “perjury.”

When this reporter obtained a copy of the FACC C & B from Illinois Attorney General Lisa Madigan’s office and showed it last May 9, 2017 to Business Services Department’s Corporate Information office in Chicago, Illinois of Illinois Secretary of State Jesse White, Mr. Mike Gezierski, its administrator, after going thru the Illinois Secretary of State database, said, “We don’t have that 38-page copy of the FACC from the Illinois Attorney General, we only have this 14-page FACC Articles of Incorporation.” (Please see attached 14-page copy).

 

PARKING ATTENDANTS NO MORE: 

THESE PARKING ATTENDANTS of Shell gasoline station back east of Rizal Center at 1332 W. Irving Park Road in Chicago’s north side used to guide Cubs fans parking in the Rizal Center parking lot found themselves having lighter responsibilities when the FACC took from them the job of watching over the cars parked inside the Rizal Center. The FACC .discovered that there is more money to be collected after they applied and secured a Public Garage Parking permit from Chicago City Hall before the start of Cubs’ hunt for the playoff and World Series title last year. (JGL Photo by JOSEPH G. LARIOSA)


When this reporter asked for a copy of the existing, valid FACC copy of Articles of Incorporation filed with Illinois Secretary of State Jesse White, Mr. Gezierski asked me to pay $30 for the certified copy. (Please see attached certified copy.)

This reporter sought the comment of Dr. Crisostomo, the alleged new treasurer, Caesar Yabut, Executive Director and Vice Chair-Corporate Secretary Elaine M. Lehman, who are purportedly three of the four new “officers of the Board of Directors” submitted by Dr. Crisostomo to Illinois Attorney General Lisa Madigan’s Trust Bureau and Solicitation office as to the discrepancies in filing the 38-page copy of the Constitution and Bylaws, nobody responded. (Please see copy of the list “of officers of the Board of Directors.")

The other alleged officer, Alfredo Barranco, Chair-Elect (Interim), who has a phone number, 773-392-8589, that gives no option for a caller to leave a message could not be reached for comment. 

OPERATIONAL LIMITATIONS 

In the valid, July 13, 1998 articles of incorporation signed by Mr. Bascos and Ms. Espinosa, it says, “OPERATIONAL LIMITATIONS: Notwithstanding any other provisions of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Code of 1986 (or the correspondent provision of any future United States Internal Revenue Law) or (b) by corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).”

 

RIZAL CENTER PARKING LOT: 

SUDDENLY THIS FREE parking lot of the Rizal Center has become a pot of gold when the Filipino American Council of Greater Chicago applied for and obtained a Public Garage Permit from Chicago City Hall. In this photo taken during the maiden home game of the 2017 regular season, it accommodated 22 mid-sized cars. If the empty space in the middle will be filled, it can still load from six to 10 cars more. (JGL Photo by JOSEPH G. LARIOSA)


This means that the FACC cannot engage in any for-profit venture, unless it wants to pay federal and state income taxes for such venture or ventures without jeopardizing its tax-exempt status. 

Documents obtained by this reporter from the Department of Business Affairs & Consumer Protection at Chicago City Hall thru Freedom of Information Act show that on March 21, 2016 and on April 15, 2016, the FACC had applied for “Public Garage Parking Permit” and renewed its application for “Retail Food Establishment License.” These parking permit and retail food establishment license appear to have violated it’s own ‘FACC OPERATIONAL LIMITATIONS.”

The FACC application for Public Garage Parking Permit was approved on September 23, 2016 while the application for renewal of the Retail Food Establishment License was approved on June 16, 2016. Both Public Garage Parking Permit and the renewed Retail Food Establishment License are valid until June 15, 2018.

 

FROM ACROSS RIZAL CENTER: 

THIS IS BIRDS EYE view from across the street of the Rizal Center at 1332 W. Irving Park Road, Chicago, IL of the photo taken during the first home game of the Chicago Cubs this 2017 regular season with its parking lot filled with cars parked by Cubs fans. (JGL Photo by JOSEPH G. LARIOSA)


According to the Chicago Data Portal, the applicants, who acted as “owners” of the Public Garage Permit and Retail Food Establishment License are Jaime M. Alban, FACC Treasurer; Norberto Luna, FACC Executive Director; and (FACC Secretary) Mae D. Lant, Other.

Mr. Alban denied any knowledge about the Retail Food Establishment License but acknowledged that there was indeed Public Garage Permit. Mr. Luna has not responded to an email request for comment while Ms. Lant could not be reached for comment.

Under the Non-For-Profit Law of Illinois, if a non-for-profit (NFP) organization, like FACC, earns income from activities “not substantially related (that is, activities that do not contribute importantly to) its charitable purposes, it is also usually required to report that income to the Internal Revenue Service (IRS) and pay income taxes on them. This type of income is known as unrelated business taxable income – or UBTI.  

UNRELATED BUSINESS TAXABLE INCOME -- UBTI 

   

PUBLIC GARAGE PERMIT:

THIS IS A SCREENSHOT of the Public Garage Permit of the Filipino American Council of Greater Chicago obtained by the Journal GlobaLinks thru Freedom of Information Act request from the website of Chicago City Hall. (JGL Photo)


An NFP that realizes UBTI must file IRS Form 990-T if the gross income from the unrelated business is $1,000 or more in any year and must pay income tax on the amount determined to be UBTI (i.e., the unrelated trade or business income less deductions associated with that income) at the applicable corporate or trust income tax rates. Filing IRS Form 990-T may also trigger state tax filings such as the Illinois Form IL-990-T. Furthermore, substantial unrelated, nonexempt activity by an organization could jeopardize its tax-exempt status.

Prior to application for Public Garage Permit, Mr. Alban said he had allowed parking of car owners in the Rizal Center parking lot during Chicago Cubs games after coming into an agreement with the nearby Shell gasoline station manager, Jose Rodriguez. 

In an interview with Mr. Rodriguez, Rodriguez confirmed to the Journal GlobaLinks that he had indeed allowed his parking attendants to collect parking fees from car owners parked at the Rizal Center parking lot for about $40 to $30 per car and he splits the collection in half with the Rizal Center management, Rodriguez said, adding he did not issue any receipt.

   

FOOD RETAIL ESTABLISHMENT LICENSE:

THIS IS A SCREENSHOT of the Food Retail Establishment License of the Filipino American Council of Greater Chicago obtained by the Journal GlobaLinks thru Freedom of Information Act request from the website of Chicago City Hall. (JGL Photo)


When the FACC obtained its own Public Garage Permit, Rodriguez was informed that his attendants should cease and desist from collecting anymore fees from cars parked in the Rizal Center. 

Either Mr. Alban or Mr. Luna would henceforth do the collecting by themselves as Cubs were on the verge of making it to the playoffs, Mr. Rodriguez added.

During the playoffs, parking collections have doubled at the Shell Station and at Rizal Center from $30 to $60 per car parked.

Between playoffs and the World Series, there were about eight home games at Wrigley Field, which is about five blocks from Rizal Center. The Rizal Center parking lot can accommodate a minimum of 22 mid-sized cars. If the middle isle is occupied, it can load an additional six to 10 more cars. 

$1,320 COLLECTION IN ONE PLAYOFF GAME DAY 

If there were 22 cars parked in each Cubs game, at $60 car parked each, the FACC could easily collect $1,320 in one playoff game. If there were eight games at Wrigley Field during the National League Division Series (two games with San Francisco Giants), National League Championship Series (three games with Dodgers) and World Series (three games with Indians), FACC could have easily collected $10,560 last year.

   

PERMIT/LICENSE APPLICANTS/OWNERS:

THIS IS THE SCREENSHOT of those who applied and obtained Public Garage Permit and Food Retail Establishment License on behalf of the Filipino American Council of Greater Chicago obtained thru Freedom of Information Act request from the website of Chicago City Hall. (JGL Photo)


As a result, the FACC would have to pay federal and possibly state taxes because Cubs parking is unrelated business in operating the FACC.

Since Mr. Alban said that he did not issue a receipt to car owners but reported all the documented daily collections in his financial report he submitted to Elaine M Lehman, the incumbent FACC Executive Director, Ms. Lehman will have to convince the IRS that her collection from the Rizal Parking lot car owners are above board despite the lack of “donation” receipts.

This reporter advised Ms. Lehman to issue receipt but footage taken by this reporter one Cubs game day showed that her assistant Roberto Gonzales was collecting parking fees but was not issuing receipt. Mr. Gonzales left the Rizal Center when nobody was parking anymore.

But by leaving the Rizal Center after collecting $30 from a car owner, Mr. Gonzales reneged on his promise to the car owner to look after his parked car, which was vulnerable to vandals and thieves if nobody were watching. Parking attendants at nearby Shell Stations to the east are no longer watching the cars parked in the Rizal Center parking lot since FACC obtained its own Public Garage permit. These attendants used to watch the cars in the Rizal Center from damage to car or from being carnapped!

As to the Retail Food Establishment License obtained by the FACC, this reporter is still awaiting word from the inspection report of the Chicago Business Affairs and Consumer Protection about the details of this license.

A WORD FROM DR. CRISOSTOMO 

Meanwhile, the Journal GlobaLinks received the following email message: "Contrary to the unsubstantiated rumors circulating within the Filipino American community, I am still the Chair of the Board of Directors of the Filipino American Council of Chicago. All official announcements pertaining of this organization will be issued by Elaine Lehman, FACC's executive director and organization spokesperson.

"Similar to trends in media, fake news only serves to strengthen the resolve and determination of those who truly serve the public good. Through Elaine Lehman"s recent efforts, the Filipino American Council of Greater Chicago was recently reinstated and is now recognized as a  organization by the Office of the Attorney General State of Illinois."

Sincerely,

Rufino F. Crisostomo, MD

Chair, Board of Directors

Filipino American Council of Greater Chicago

May 12, 2017" (Contact reporter: This email address is being protected from spambots. You need JavaScript enabled to view it.)  

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