Rise and Fall of a Self Proclaimed Leader
Maritza Ramírez de Agena
New York, August 26, 2003
Many expatriate Venezuelans have joined together
over their concern for the political crisis that has escalated dramatically
in Venezuela during the Chávez administration. Some Venezuelans
have joined informal groups in an effort to establish a network in different
cities around the world. Others have decided to create and register
non-profit organizations with well-defined objectives, limited in some
cases by the law of the particular state within which they operate.
All these Venezuelans have contributed in their own way in the search
for a peaceful solution to the Venezuelan political crisis and to strengthen
the foundation of the Venezuelan community overseas.
One of the groups created by Venezuelans overseas is the “Resistencia
Civil de Venezolanos en el Exterior (RECIVEX)” a well-known organization
presided over by Miguel Hernández Andara who has publicly stated
that RECIVEX was created and organized as a non-profit organization
in November 2001. However, RECIVEX, as of this date, has not been registered
in the State of New York. Hernández has concealed this irregularity
and many others by weaving a tangled web of misleading statements, serious
omissions and schemes to veil the complete truth.
The RECIVEX New York based team of volunteers, as of March 2003, was
comprised of the Board of Directors including the President, Vice-President,
Treasurer, Executive Secretary, Administrative Secretary and four directors.
In addition, RECIVEX management included those persons in charge of
Media and Information Technology, Special Events, Public Relations and
a person purportedly helping Mr. Hernández financially. Some
of the members of the Board of Directors and several members of the
organization had requested for months that Mr. Hernández present
the documents of registration of RECIVEX as a non-profit organization,
as they wanted to verify that the organization was complying with the
law of the State of New York. Instead Mr. Hernández distributed
a standard “Blumberg form” -- bylaws of the organization
to the members of the Board of Directors and general members implying
the organization was legally established, in fact, Hernández
never produced any official documentation indicating RECIVEX had a legal
status in the State of New York.
Pursuant to the New York Business and Corporations Law, in order for
an organization to operate as a non-profit organization in New York,
said organization must be duly registered with the Department of State
of New York, Division of Corporations. Subsequently an organization
may obtain an “EIN” or “Tax ID” number from
the IRS in order to obtain a 501(c)(3) non-profit organization status
and accept tax-deductible contributions from donors. Furthermore, pursuant
to New York’s Business Corporations Law, a duly existing organization
must keep up to date and complete financial records as well as a Corporate
Book containing all Minutes of the Board of Directors and corporate
resolutions approved by the Board. Hernández has collected money
for an organization that has never existed. He has received cash or
money orders written in his name for RECIVEX related activities, since
no bank account could be opened in the name of the organization, as
it legally does not exist. Mr. Hernández has asked for donations
to Venezuelans or people related to Venezuelans, and has collected money
in rallies, sold compact discs of Venezuelan music and other merchandise
to raise funds for the organization and has never made available to
the members of the Board of Directors the Corporate Book required by
law where there should be detailed information concerning the cost of
the events, the amount of money received by RECIVEX, and the use of
the funds.
Recently, after being informed about the research conducted to write
this article, Hernández has changed his story regarding the creation
and registration of the organization over which he presides. In an e-mail
Hernández circulated via Internet on August the 4th, 2003, he
wrote: (translated from Spanish)
“The registration was done...it
was notarised…and the forms were sent through Internet, what we
could afford ($70) because we had not received a cent from anybody to
register the organization. The bylaws, the notary always considered
as something for internal use. For not having a document officially
stamped in my hands, I have always been against receiving a cent
from anybody… so I never have.”
Hernández continues his e-mail attacking those who are denouncing
his questionable conduct:
“…Sin or accusation against
RECIVEX?…Not being registered… But their sin is to divide,
to displease, to destroy the image of the opposition overseas, to hurt,
to enrage, to take revenge, to hate… forgetting that in the middle
of all this is VENEZUELA and that they are giving the enemy, in a silver
tray, reasons to attack the Venezuelans overseas…”
“ …We never opened a Corporate
Book… because nobody has ever given a cent to us that we
needed to note down in financial records…”
The treasurer of RECIVEX, Mr. Manuel Pérez, (Hernández’s
close collaborator) wrote in an e-mail distributed on August the 4th
2003, the following: (translated from Spanish)
“…to avoid accusations and internal
fights, I never told the members of the organization that we had
not completed the legal procedure to reserve the name: our incorporation
was signed before a notary and we requested the most economic registration
option, which gives us legal responsibilities and a judicial condition
in this country… We were only lacking the extra money (to be paid
from our own pockets) to guarantee that the “Chavistas”
did not block the name, thing that we may have to fight now (even though
the firm of the notary has established our legal rights…)
* Hernández contradicts himself: First he asserts that the
registration was done, that he notarised a document… Then,
Hernández says that the people who are denouncing his questionable
actions are the ones committing a sin by hurting the opposition; while
the only sin committed by him is not having registered RECIVEX.
* Pérez admits he kept information from the members of RECIVEX,
making them believe the registration process was properly carried out.
It is important to clarify the fact that Hernández and Pérez
never said they had just simply notarised a document. The members of
RECIVEX always thought the organization had been legally established
as a non-profit organization and registered accordingly before the Department
of State of New York. Please read the translation of an e-mail written
by Hernández on March the 23rd 2003 as response to one of the
many requests made by the members of RECIVEX to see the official documents
of registration of the organization:
“…we are actually waiting for
a number that will allow us to open a bank account, even though we have
been told of the possibility of a “temporary” number, but
I think it is better to wait because the number should arrive any moment
now, hopefully it will be this week. It is a long form with the name
of registration and the number, just like those obtained when one registers
a corporation… is the same thing… The registration and
the reservation of the name had been done long time ago as well as the
bylaws, but the registration was modified (I can show you the previous
one) because we wanted to make more emphasis on the nature of civilian
resistance and the defense of democracy…We made the modifications
without losing the right to the name…I will call Albany on Monday
to follow up the status of the number and ask if they have sent it to
me and I have not received it, because they have my home address.”
* Needles to say that Manuel Pérez’s version concerning
the reservation of the name does not correspond with Hernández’s
version. Was the name RECIVEX indeed registered as Hernández
asserted on March 2003 or is Manuel Pérez version closer to the
truth in that the name was never reserved as he stated on August
2003?
Hernández also wrote in the same e-mail that he was awaiting
for a number to be sent from Albany. The headquarters of the Department
of State of New York, Division of Corporations are located in Albany.
However, this entity does not take sixteen months (November 2001–
March 2003) to register a non-profit organization and submit the certificate
of incorporation required to open a bank account. The process generally
takes from four to eight weeks.
Whether Hernández and Pérez notarised a document or not
is not relevant to the organization’s legal status at all, for
a notarised document is not recognized by the State of New York as an
alternative to the official registration before the Department of State
of New York, Division of Corporations. Following are some remarks, made
with the help of an Attorney at Law who specializes in not-for-profit
corporations in the State of New York, about the irregularities incurred
by Hernández Andara:
1) To notarise a document has different implications depending on whether
the document is notarised in the United States of America or in Venezuela,
for example. To notarise a document in the State of New York does
not grant status of a registered corporation (including not-for-profit
corporations) in such state. The Certificate of Incorporation is only
granted by the Department of State of New York, Division of Corporations.
Furthermore, a notarised document (if any was indeed presented by Mr.
Hernández and Mr. Pérez before a notary) could have never,
under any circumstance, granted a non-profit status to RECIVEX, for
the “Tax ID” number and the 501(c)(3) status are exclusively
submitted by the Internal Revenue Service of the United States of America
(IRS).
2) The most economical way to register a not-for-profit corporation
is to take care of the paperwork without hiring the professional services
of an Attorney at Law in the State of New York. The cost of this particular
option is $400.00 ($100 to obtain the certificate of incorporation;
$150 to obtain the 501(c)(3) non-profit organization status and $150
to obtain the Corporate Book and seal of the corporation.) The registration
of a not-for-profit corporation done with the help and advice of an
Attorney at Law who specializes in not-for-profit organizations in the
State of New York can run from $1,300 up to over $3,000. Hernández
has stated he paid $70.00, amount he has assured is the most economical
option to register a non-profit organization in the State of New York.
3) The law in the State of New York requires that all not-for-profit
organizations keep complete and up to date all financial records and
a Corporate Book with all the minutes and resolutions approved by the
Board of Directors. Hernández never registered RECIVEX before
the Department of State of New York; However, financial records could
have and should have been kept and made available to the members of
the organization. Hernández justifies the irregularity of never
keeping financial records with the excuse that he has never received
a cent from anybody. Hernández, who is currently unemployed and
presumably not financially independent, has specifically asked for money
to pay for trips to Washington (train tickets, accommodation, etc),
to pay off his computer, to repair his computer, and even to pay his
utility bills. It is well known that not only certain members of RECIVEX
have given Hernández money, but also other Venezuelan citizens
of the New York tri-state area and people related somehow to them.
4) Mr. Pérez admitted he had kept information from the members
of the organization concerning some kind of legal process to reserve
the name; but he assured that nonetheless the organization had been
registered. When registering a corporation (including not-for-profit
corporations), the first step is to research the name. Please notice
that an organization cannot possibly be legally established as such,
if the name has not been researched proving that there is no other organization
with the same name registered in that state.
Hernández appears to have not been professional in his administration
of RECIVEX and there are clear irregularities related to his management
of the organization. He has made misleading statements concerning the
legal status of RECIVEX and has apparently taken advantage of the political
crisis in Venezuela to work on a personal agenda. At this very moment,
Hernández is trying to obtain his nomination as the liaison between
the Committee of International Relations of the Democratic Coordinator
and the Venezuelans overseas better known as the “Region 25”.
The negative repercussions this entire situation may have on the image
of the international team working under the RECIVEX umbrella is of great
concern. However, there is a solution to avoid the discredit caused
by individuals void of integrity. The institutions, corporations and
organizations can only survive the loss of credibility and reputation
by disassociating themselves from those who abuse their power for personal
gain. It remains to be seen how those Venezuelans related directly or
indirectly to Mr. Hernández Andara will react to what appears
to be compelling indications of malfeasance. Will they, as many Venezuelans
have in the past, simply turn a blind eye and accept or will they turn
a new page in Venezuelan history and renounce all forms of corruption,
whether that person is ideologically opposed or aligned?
Venezuelans will continue to promote the defense of the democratic
values in their country independent of the mistakes made by certain
self-proclaimed “leaders” who have failed to represent with
dignity their compatriots. Concerning the situation of the Venezuelan
expatriate community it is important to stress that there are many honest
and hard working people determined to contribute to the establishment
of a truly democratic governmental structure replete with the rule of
law where all Venezuelans are represented and included. The Venezuelan
society has evolved and matured during a political crisis without precedent
in Venezuelan history. Part of that change lies in the awareness that
in the past Venezuelans have generally shown little interest in the
importance of the rule of law, the reason corruption has spread with
impunity. It is imperative that the Venezuelan people denounce irregularities
committed by “leaders” of both the government and the opposition.
One of the greatest challenges of the Venezuelan society is to eliminate
the scourge of corruption; to achieve this goal there must be transparency.
The process is long and rife with obstacles, but determination and teamwork
will definitely pave the way for honest and competent people to occupy
important positions in the Venezuelan public and private sector. If
Venezuelans commit themselves to this transformation process, soon the
borderline that currently separates the “Chavistas” and
the members of the opposition will fade and Venezuela will began the
healing process towards reconciliation, trust and unity.
Sometimes it may seem convenient to find excuses to justify
silence (unity being a favorite), to live without “complications”,
to criticize those who consistently look after their personal gain.
We must realize that the people who have destroyed the moral values
of our society will continue to rein if we remain passive, if we do
not confront their dishonesty and publicly denounce their wrong doing.
Civilians and businessmen must work together with public officials to
promote the creation and implementation of a legal framework that punishes
the corrupt and rewards honest people. We, all Venezuelans,
must decide whether we will continue to blame and hate one another or
assume the responsibility to acknowledge our differences, learn from
our mistakes and have the courage to fight corruption so that Venezuela
is a country where honesty and patriotism are not the exception but
the rule.
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For more information, please write to opinion_Venezuela@yahoo.com
If you donated money to Mr. Hernández Andara and wish to report
it, please write to the same e-mail address. Your information will be
kept confidential.