3ABN crucial documents, some context Options

[Clay]

closed for the moment...

[watchbird]

I see that this has not been noticed since it was reopened. I'm sure there are other "crucial documents" that would be helpful to have brought here from CA or other places.

Also I notice that the questions on Johann's announcement have never been answered.

. . . Public radio in Norway has announced that the chairman of the board of 3ABN Europe, is evading arrest by police for his immoral acts. . . .

What did he do to run afoul of the authorities? I have been able to find no reporting of this anywhere... not even from church sources.

In His service,
Mr. J

Johann, I'm sure by now you have added information on this. Would you please give us a fairly detailed account of what happened and what the status is now? It would be nice if you would include some background information on the man himself as well as the connection between 3ABN Europe and 3ABN in Illinois. Also what are the projected (expected) effects of this on this man's future--both career as well as connection with 3ABN Europe?

This post has been edited by watchbird: Jul 6 2006, 06:59 AM

[Panama_Pete]

I see that this has not been noticed since it was reopened. I'm sure there are other "crucial documents" that would be helpful to have brought here from CA or other places.

Also I notice that the questions on Johann's announcement have never been answered.
Johann, I'm sure by now you have added information on this. Would you please give us a fairly detailed account of what happened and what the status is now? It would be nice if you would include some background information on the man himself as well as the connection between 3ABN Europe and 3ABN in Illinois. Also what are the projected (expected) effects of this on this man's future--both career as well as connection with 3ABN Europe?

This is post #71 in 3ABN Chapter 8 by Beartrap:

"As an employee of 3ABN, Claus Nybo started and operates Lifestyle TV in Sweden. The January edition of 3ABN World says:
"Claus Nybo is president
of LifeStyleTV, and
also works for 3ABN
as Director of European
Development."
Claus had been working at 3ABN for some time before he and Danny went over to Europe to do fundraising and start puting LifestyleTV together.

The Norweigian Union magazine, Advent Nytt has a picture of the LifestyleTV staff, including Danny Shelton, that is captioned "Lifestyle TV Team photograph Tor Tjeransen"

In the picture is also the chairman of the LifestyleTV board, Arvid Hogganwik, who has been disfellowshipped over a sex scandal with a student at a school he runs in Norway. A police investigation is now underway.

3ABN and Amazing Facts have always maintained a mutually beneficial relationship. So have Danny and Finley."

[Johann]

This is post #71 in 3ABN Chapter 8 by Beartrap:

"As an employee of 3ABN, Claus Nybo started and operates Lifestyle TV in Sweden. The January edition of 3ABN World says:
"Claus Nybo is president
of LifeStyleTV, and
also works for 3ABN
as Director of European
Development."
Claus had been working at 3ABN for some time before he and Danny went over to Europe to do fundraising and start puting LifestyleTV together.

The Norweigian Union magazine, Advent Nytt has a picture of the LifestyleTV staff, including Danny Shelton, that is captioned "Lifestyle TV Team photograph Tor Tjeransen"

In the picture is also the chairman of the LifestyleTV board, Arvid Hogganwik, who has been disfellowshipped over a sex scandal with a student at a school he runs in Norway. A police investigation is now underway.

3ABN and Amazing Facts have always maintained a mutually beneficial relationship. So have Danny and Finley."

[font=Comic Sans Ms]Our hearts go out to the family of the now former board chairman of the Scandinavian affiliate of 3ABN. It is difficult for the wife, children, and not least his aged, widowed mother. It is also a difficult time for the Bible school, sanitarium, health food store and bakery, all institutions he established and tried to finance by workings as a family physician from 7 AM to 10 PM certain days of the week.

According to the latest media reports of last week he got a very mild punishment, seemingly because he confessed and cooperated fully with the police. Only a fine of 25,000 Norwegian Crowns - or 50 days in prison. His offense was having sex with a young woman without her consent, according to the local paper. It stated that she was receiving psycological aid, and that she had to move away from the community.

55 years ago I stayed with his grandparents while canvassing. I recall that while Arvid was a medical student he told me of his high ideals of following the EGW blueprints for the healt instituions he planned, and I recall he got a group of enthusiastic young SDA to help him lay the foundation for these institutions.

Arvid must have seen what the president got away with. Could that have lowered his resistance against temptation?

[Panama_Pete]

Arvid must have seen what the president got away with. Could that have lowered his resistance against temptation?

Perhaps.

His medical training may have been helpful: In this case, it appears the young woman did not become pregnant, because the fine seems to have been so light.

Other men who have no medical training, but have done similar things, aren't always so fortunate.

[Fran]

Please try this link again. I read CA has opened 3ABN topis. Maybe this will work.

http://clubadventist.com/adventist/showfla...ge/0#Post133152

If not, go to Club Adventist and select "Main Index" from the main page top right links. http://clubadventist.com

From this page, scroll down to "Adventist Radio, TV, Print & Internet Ministries". It is the 10th subject on the page. Yeah, WAY down there.

From that group, select "3ABN topics".

Scroll down to " Kay Kuzma, 3ABN, and Linda Shelton ". It has been viewed 21,878 times and has 244 posts. This has much documentation from the beginning.

A must read is the IL vs. 3ABN Property Tax Lawsuit. This is the document that proves Danny;'s 3ABN Financial Actions are not handled properly! It spells out their dealings with TRUST FUNDS

This topic is closed and can not be posted to. However, it has a wealth of information that would be good to add to the packet being prepared.

I am not able to bring the threads over at this time, but feel they are vital to a real understanding of the seriousness of this situation.

It is about ABUSE in every sense. Abuse to Linda, Dr A, Johann, Darrell, Nick Miller, yes, even Brenda Walsh. (She just hasn't figured that out yet) He has abused the DONORS the most. He has even abused his board members. He lets them be the fall guys. He has abused the Conference President K Denslow and his parents by getting his way by threats against the parents and ruining Denslow. The list goes on and on IMO.

His family has been abused. He fired them and called them back and buys them to back him up and gets them to do his beck and call. Tammy, his sister has been abused. He uses her and I would guess she isn't even aware of it. IMO

Oh yes, Brenda's Walsh's husband is being abused as we speak. All in the name of the Lord! IMO

People that are accomplices with Danny will begin to talk to make deals to reduce their part in Danny's business. Danny will be left naked for the world to see IMHO.

[no_cults]

This is the letter you were looking for from Dr. Walter Thompson, I posted it about a week ago.
Sister

I wish these letters all had dates on them. That would help.
Sorry, not trying to be critical.

[watchbird]

While I understand that it is not generally considered acceptable to quote a whole previous post.... especially when it is as lengthy as this one, I think it is desirable to do so here, since in order to make sense of the new document below, this one needs to be close by for easy reference. The new document is a memorandum from Danny Shelton's lawyer concerning this proposed contract.

Other dialogue between 3abn and Elder Folkenberg concerning this proposed contract may be seen by going back to post #12 of this thread and continuing through about post #21.

INTERNATIONAL SATELLITE DISTRIBUTION AGREEMENT
This Satellite Distribution Agreement (Agreement) is made between the
General Conference of Seventh-day Adventists (GC), 12501 Old Columbia Pike,
Silver Spring, Maryland 20904-6600, and Three Angels Broadcasting Network,
Inc. (3ABN), RR#3, Box 176A, Thompsonville, IL 62890.
1. PURPOSE:

This Agreement recognizes 3ABN as a non-exclusive interdivision satellite
distributor of television programming produced by the GC and its affiliated
entities and as a non-exclusive producer of television programming
contracted for by the GC and affiliated entities, and setting forth the
respective duties, obligations, and responsibilities of the parties. Nothing
in this Agreement precludes 3ABN from producing and distributing by
satellite other programs that do not otherwise violate the terms of this
Agreement. Any additional cooperative communication initiatives will be the
subject of future negotiations and written agreements.
2. RELATIONSHIP BETWEEN PARTIES:

A. The relationship between the parties shall be one of mutual cooperation
in utilizing satellite distribution of television programming to proclaim
the Gospel of our Lord to the whole world. The GC shall not be considered
the agent or representative of 3ABN, and 3ABN shall not be considered the
agent or representative of the GC, and neither shall hold itself out or
otherwise represent itself as being the agent or representative of the
other. Neither party shall have the right to bind the other contractually in
any respect whatsoever.

B. In their promotional efforts, both 3ABN and GC will recognize the
contributions of the other.

C. Financial appeals (other than regularly aired promotional programs and/or
on-screen phone numbers) targeted for viewers outside of the North American
Division, shall be undertaken only after consultation with the church
governing bodies within the affected territory.

D. Any financial relationship between a Church entity and 3ABN for
distribution of programming will be documented by written agreement and
approved beforehand by the designated GC body.
3. PROGRAMMING:

A. Program production by Church: Church membership on all levels of the
Church, through its elected representatives, may both provide programming to
3ABN for satellite distribution and may contract with 3ABN to produce
programming for satellite distribution.

B. Program continuation: Church membership, through its elected
representatives, may request through the Issues Resolution Procedure of this
Agreement the discontinuation of programming that is distributed by
satellite by 3ABN to the territory they represent and which the membership
considers detrimental to the work of the Church.

C. Planning or other issues: All program production issues will be addressed
by bodies designated by the General Conference Administrative Committee and
which will include representatives of the affected world divisions, 3ABN,
and the GC.
4. BROADCASTING AND DISTRIBUTION:

A. So that 3ABN's services can optimally support the worldwide mission of
the Church, committees or boards appointed by the General Conference
Administrative Committee will be the channel for interaction between 3ABN
and the world field for developing and distributing television programming
by satellite and addressing technical, equipment, financial, distribution,
and other related issues affecting those territories.

B. Local or regional broadcast, cable, or other distribution systems for
programs received from the 3ABN interdivision satellite distribution system
will be either owned or contracted for as determined by the Church governing
body in that territory or region. Should the Church governing body make no
decision, 3ABN may initiate such contracts after receiving authorization by
the church governing body, a request which shall not be unreasonably
withheld. If the Church governing body refuses to respond to such a request
3ABN may initiate the issues resolution process.
5. ISSUES RESOLUTION:

Both GC and 3ABN agree that no civil court has jurisdiction over this
Agreement and that any issue, controversy, disagreement, or claim arising
out of or relating to the breach of this Agreement shall be settled by using
this issues resolution procedure. Wherever an issue arises, GC and 3ABN
agree to resolve the issue as follows through their designated
representatives:

A. (Step 1) GC and 3ABN will communicate informally and attempt to resolve
the issue.

B. (Step 2) If informal communication does not resolve an issue and if the
issue is not of an urgent nature, then it shall be placed on the agenda for
review by an annual consultation, chaired by a designee of GC, and including
representatives of 3ABN, the GC, and the world territories using 3ABN
satellite distribution services, to review 3ABN programming and distribution
services and unresolved issues.

C. (Step 3) If informal communication and the annual meeting do not resolve
an issue or if it is of an urgent nature, then the GC shall appoint and
chair a special Issue Resolution Committee which shall include designated
representatives of 3ABN and GC, and the affected territory or territories to
consider and resolve the issue.

D. (Step 4) If Steps 1, 2 and 3 do not resolve the issue, the chairman of
the board of 3ABN and the GC by mutual agreement shall select a mediator who
shall work with the parties to resolve the issue. (This step may come
earlier in the process if the parties agree).

E. (Step 5) If Steps 1 through 4 do not resolve the issue, the issue shall
be referred to a three-member Binding Arbitration Committee (BAC) appointed
by the General Conference Administrative Committee to review the issue and
make a final determination. The General Conference Administrative Committee
shall select members of the BAC as follows: (1) It shall request 3ABN and
the affected division each to submit a list of three candidates for the BAC;
(2) GC Administrative Committee will ask 3ABN to choose one name from the
list of three submitted by the affected division and will ask the affected
division to choose one name from the list of three submitted by 3ABN; (3)
the two members thus selected will then choose any individual to be the
third member of the BAC. The three members will choose the chairperson. Both
parties agree to abide by the determination of the BAC.
6. TERM OF AGREEMENT:

It is intended that this Agreement serve as a long term agreement.
Therefore, this Agreement shall remain in effect until terminated by either
party as provided for in this Agreement. Each party has the right to
terminate this Agreement without cause by written notice given to the other
party no less than ninety (90) days prior to the effective date of the
notice. Either 3ABN or GC may terminate this Agreement, either in its
totality or as it affects satellite distribution in a specific territory,
effective immediately, by written notice given to the other party in any of
the following events:

A. if either party fails to fulfil or perform any one or more of the duties,
obligations, or responsibilities it has undertaken under this Agreement;

B. if either party assigns or attempts to assign any interest in this
Agreement without the other party's written consent;

C. if there is any transfer or relinquishment, voluntary or involuntary, by
operation of law or otherwise of any material interest in the direct or
indirect control or any change in management of 3ABN that the GC considers
adverse to the interests of the Seventh-day Adventist Church or if 3ABN or
any of its public personages or its board members become engaged in matters
which the GC Administrative Committee considers adversely affects the
interests or good name and good will or reputation of the Church.
Upon termination of this Agreement in its totality, 3ABN shall cease to be
an authorized broadcaster, distributor, and producer of programming for the
GC and will discontinue all services represented to be affiliated with or on
behalf of the Church, and neither party shall be responsible to the other
for any damages growing out of the termination of this Agreement for any
reason whatsoever, including any claim for lost or anticipated income,
expenditures, or any other damages. In addition, upon termination of this
Agreement, both parties agree to immediately discontinue the use of the
names, trademarks, sign, stationery, advertising, or anything else that
might make it appear that they are still operating under this Agreement.
7. TRADEMARKS, COPYRIGHTS, AND ORGANIZATIONAL IDENTITY:

A. Both GC and 3ABN agree to refrain from any activity that leads to
confusion, uncertainty, or misrepresentation regarding the use of their
respective trademarks and trade names.

B. Both the GC and 3ABN will respect the legal bounds that separate the GC
from the independent 3ABN ministry. Nothing in this Agreement should be held
to mean that the GC has assumed any corporate control of 3ABN and its
independent programming or that 3ABN has assumed corporate control of the
television programming of the Seventh-day Adventist Church.

C. Copyrights of all 3ABN independent programming will continue to be owned
and registered in the name of 3ABN, and copyrights of all programming
produced by or for the GC and its affiliated entities will be owned and
registered in the name of the GC and/or its affiliated entities.
8. UNCONTROLLABLE INTERFERENCE:

Neither party shall be liable to the other for failure to perform its
obligations under this Agreement due to fire, flood, earthquakes,
disturbances, accidents, war, or other causes beyond the reasonable control
of the parties.
9. NO ASSIGNMENT:

Neither party of this Agreement may assign any right or interest in this
Agreement without the prior written consent of the other party.
10. BINDING EFFECT & SEVERABILITY:

This Agreement shall benefit and be binding upon the successors and assigns
of the parties. If any part of this Agreement is void, voidable, invalid, or
unenforceable, for any reason, this Agreement shall then be considered
divisible as to such part with the remainder of this Agreement remaining a
valid and binding.
11. COMPLETE UNDERSTANDING:

This Agreement terminates and supersedes all prior agreements between the
parties, if any. This Agreement sets forth the entire Agreement between the
parties. This Agreement may be changed, altered, or amended only in writing
signed by an authorized representative of each party.

Memorandum from Cole, Raywid & Braverman, L.L.P.

Attorneys At Law

To: Danny Shelton

From David M. Silverman

Date: April 15, 1997

Re: International Satellite Distribution Agreement

This memorandum summarizes the duties and obligations imposed by the
proposed agreement between 3ABN and the General Conference of Seventh Day
Adventist ("G.C."). Each numbered paragraph refers to the same numbered
paragraph in the agreement:

1. Purpose- Although this prefatory paragraph does not affirmatively impose
any obligations on either party, it recognizes 3ABN as a non-exclusive
distributor of television programming "produced by the GC and its affiliated
entities," and further recognizes 3ABN as a "producer of television
programming contracted for by the GC and affiliated entities. . . ." This
paragraph also states that the Agreement sets for the "respective duties,
obligations, and responsibilities of the parties." Although 3ABN is free to
produce and distribute other satellite programming, such programming must
"not otherwise violate the terms of this Agreement."

2. Relationship Between Parties--

A. A standard contract clause.

B. This provisions obligates both parties to "recognize the contributions of
the other" in promotional efforts.

C. This provision states that "financial appeals . . . targeted for viewers
outside of the North American Division, shall be undertaken only after
consultation with the Church governing bodies within the affected
territory." While this does not give the GC approval over financial appeals,
the obligation to consult with Church governing bodies would require 3ABN to
disclose fundraising plans to them.

D. This paragraph states outright that "any financial relationship between a
church entity and 3ABN for distribution of programming will be documented by
written agreement and approved beforehand by the designated GC body." In
other words, both written agreements and GC approval are required prior to
any "financial relationship" for distribution of programming. This paragraph
does not state the applicable geographic area, nor is a "financial
relationship" defined.

3. Programing--

A. No obligations imposed.

B. This paragraph permits "Church membership" to request discontinuation of
3ABN programming "to the territory they [the Church membership] represent
and which the membership considers detrimental to the work of the Church."
It is unclear who the "Church membership" would be in any particular
territory, but it is clear that the sole decision in terms of what is
considered "detrimental to the work of the Church" would be up to that
membership. This paragraph also introduces use of the "issues resolution
procedure of this agreement."

C. This paragraph requires "all program production issues [to] be addressed
by bodies designated by the" GC administrative committee, which will include
3ABN representatives. Again, it is unclear what would be considered a
"program production issue," but that language is so broad as to conceivably
include all decision about what programming to produce. Thus, 3ABN would be
bound by this paragraph to abide by the "General Conference administrative
committee" in making any program production decision.

4 Broadcasting & Distribution--

A. This paragraph requires 3ABN to utilize "committees or boards appointed
by the General Conference administrative committee" as a "channel" for
"developing and distributing television programming by satellite and
addressing technical, equipment, financial, distribution and other related
issues affecting these territories." This paragraph clearly prevents 3ABN
from developing or distributing any television programming without going
through the General Conference administrative committee first.

B. This is another affirmative obligation, providing that "broadcast, cable
or other distribution systems for programs received from the 3ABN
interdivision satellite distribution system will be either owned or
contracted for as determined by the Church governing body in that territory
or region." In other words, the LPTV, cable or other distribution system by
which 3ABN programming is distributed will either be owned by the Church
governing body or the ownership will be determined by the Church governing
body in that territory or region. 3ABN may "initiate such contracts" only if
the Church governing body makes no decision and affirmatively authorizes
3ABN to make contracts. It is unclear what "contracts" this paragraph is
referring to, although it would appear to relate to contracts for ownership
of the LPTV or other distribution systems. If the Church governing body does
not respond to 3ABN's request, 3ABN sole alternative is to "initiate the
issues resolution process."

5. Issues Resolution-- The introductory paragraph states that the only forum
for determining any dispute under this Agreement is the "issues resolution
procedure," as no court is permitted to have jurisdiction over the
agreement.

A. Informal communications are the first step.

B. If informal communications do not work, the matter is reviewed by "an
annual consultation, chaired by the designee of GC," which will include
representatives of 3ABN, the GC "and the world territories using 3ABN's
satellite distribution services." This appears to indicate that most issues
can be reviewed only on an "annual" basis by a committee "chaired" by a GC
designee and which includes representatives of all "world territories using
3ABN's satellite distribution services," not matter how limited the problem
might be.

C. If the matter cannot wait until the annual meeting referred to above, a
special issue resolution committee will be appointed and chaired by the GC,
made up of representatives of 3ABN, the GC "and the affected territory or
territories." However, it should be noted that this committee is appointed
and chaired by the GC.

D. If the issue resolution committee cannot resolve the problem, then 3ABN
and GC may jointly select a mediator.

E. If the mediator cannot resolve the issue, a binding arbitration committee
("BAC") will be appointed. Although this paragraph states that the BAC will
be "appointed by the General Conference administrative committee," it
appears that the GC administrative committee and 3ABN each get to choose an
arbitrator and the two arbitrators select a third arbitrator to reach a
binding decision.

Binding arbitration, as described above, is often not the best choice for
dispute resolution--the arbitrators' incentive is to compromise, which the
parties could do themselves, if it were the right result. In addition, these
provision have been written in such a say that the GC has "stacked the
deck"--at each step there will be a larger number of persons who would have
reason to favor the GC.

6. Term of Agreement-- The agreement may be terminated without cause by
either party on 90 days written notice. Under certain conditions, the
Agreement may be terminated within a specific territory without having to
wait 90 days. Upon termination of the Agreement, however, 3ABN shall no
longer be considered "an authorized broadcaster, distributor, and producer
of programming for the GC and will discontinue all services represented to
be affiliated with or on behalf of the Church . . . ." Thus, it appears that
termination of the Agreement in its totality would, in essence, sever all
ties between 3ABN and "the Church." It is unclear to me under what authority
the GC can require such separation.

7. Trademarks, Copyright & Organizational Identity-- 3ABN continues to own
copyright to all of its "independent programming." However, this paragraph
contains an unusual statement that both parties "will respect the legal
bounds that separate the GC from the independent 3ABN ministry." It is
unclear why such statement would need to be made, unless the GC does not
usually respect such bounds--or is planning to disregard them in stances
covered by this agreement.

8. Uncontrollable Interference-- This is known in most contracts as "force
majeure," and is nothing out of the ordinary.

9. No Assignment-- No assignment is permitted without the prior written
consent of the other party. It is unlikely that either party would want to
assign its rights to a third party in any event.

10. Binding Effect & Severability-- A standard contract clause.

11. Complete Understanding-- This is also a standard contract clause and
provides that this written agreement represents the entire agreement between
the parties and "terminates and supersedes all prior agreement."

I did not receive any pages after page 3 and cannot speak to any provisions
that might have appeared on later pages of the Agreement. I hope this is of
some use and would urge you to contact me if you have any questions
concerning this matter or if you would like any assistance in either
revising this Agreement or drafting a new one.

[Daryl Fawcett]

So is there an actual agreement of some sort between the SDA Church and 3ABN?

[watchbird]

So is there an actual agreement of some sort between the SDA Church and 3ABN?

The two documents immediately above in this thread are part of a group of documents from the Spring of 1997 most of which are posted beginning with post #12 of this thread and continuing through about post #21.

They are not all in exact order, so to really make sense of them it would be helpful for you to print them out so you can line them up and compare them and put them in their correct order. The reason I reprinted one of these above was because the document giving the 3abn attorney comments on the proposed contract was never posted with the rest of the group when they were put up last spring.

If you make this "time line" you will see that at the end of it, the correspondence ended with 3abn refusing to sign the contract offered by Folkenburg, in fact one of the letters is from Bill Hulsey, at that time board member, who stated that they would not consider any kind of "contract" with the GC. And instead they sent a general statement of 3abn support for the church.

That was the last document that I had in my possession from the 1997 time frame.


However, just recently Panama Pete posted a document from later that year.... dated November, 4, 1997. which is called "Joint Declaration of Commitment by the General Conference of Seventh-day Adventists and Three Angels Broadcasting Network". This is post #20, in the thread "3abn?, Left Out", and it can be found at http://www.blacksda.com/forums/index.php?s...st&p=158460 followed by additional discussion of the document, including comments on how Danny has used this through the years.

In reading this through carefully several times, I am struck with the onesidedness of it.... and the very limited areas in which there was agreement to have some kind of arbitration and that was ONLY in programming.... and could only be initiated by a very high level group. Seemingly no individual or even any media center person could appeal directly to the GC to set the arbitration process in motion. Here is the wording of that paragraph......

"In the event of a disagreement between 3ABN and a duly authorized Executive Committee of a world Division of the Seventh-day Adventist Church regarding programming which the the Division Executive Committee believes is detrimental to the mission of the Church, "

Frankly, I cannot help but wonder what it was that caused Folkenberg to agree to these stipulations..... assuming of course that he did agree to them, for I don't know of anyone so far that has seen a signed copy..... which gives all of the advantages to 3abn and leaves the GC with no authority to have anything to say about the operations or choices of programming other than this one vague and very limited clause.

We have had multiple people testify to the way Danny uses various kinds of coersion to get what he wants. Isn't the most logical explanation that the GC persons who saw and signed this did so under some kind of duress?