Mayte et al: We. Told. You. So. - Part 1 - The Facts
For everyone Mayte and Dave wronged, harassed, lied about and betrayed, we offer you divine justice in memory of the one she wronged the most over the last 27 years!
Mayte: We. Told. You. So.
Dave: We. Told. You. So. (We will be dragging your sloppy behind and spitting out bones in a minute here in Part 2)
Kim: We. Told. You. So. (Since you are fundraising for her, keeping track of donations and reporting them publicly, but not to CA DOJ, you need to pay close attention to the portion of the letter that talks about penalties for commercial fundraisers because the moment you began doing all this, per CA law you became one - try explaining that to the hubby.)
LyNNette: We. Told. You. So. (You work as pseudo law enforcement, you REALLY need to pay attention to this if you intend to keep your job because someone who doesn’t like you may see this and remember what you’ve posted and contact the State of Tennessee as well as a friend they have at the state legislature there.)
Josh: We. Told. You. So. (Sever ties immediately or Dogumantry is going down, too because if she can’t operate Mayte’s Rescue, she will attempt to fold it into your LLC. If DOJ is watching her, they are watching you, too - guilt by association. And know the eyewear scheme Dave set you up with is dangerous, why do you think he’s on the west coast and owns nothing? Liens, like Dave, are a pain in the behind.)
‘That Bish’ Drue: We. Told. You. So. (Grow a pair, you are just as dirty as the rest and even worse because you not only sell out those who trust you, but you sold your soul.)
Media: We. Told. You. So. (How do you like them apples!?)
Crusaders: We. Told. You. So. (stop wasting your money supporting her lifestyle, instead give to the charities Prince - remember him, the ONLY reason you know who Mayte “Basic Chick” Garcia is - Star Tribune gave a list of 7 charities to donate to in his honor. Notice they listed the charity of one ex-wife and not the other. And don’t say it is hate or favoritism as they’ve interviewed her many times over AFTER his death as well as before. They checked the registration information and it would be unethical to direct people toward that charity when they are unsure about its legality.)
And every other person who talked smack: WE. TOLD. YOU. SO.
Remember when we wrote this:
Mayte’s Rescue is not registered to fund raise in CA. By law, all California charities wishing to fund raise must be registered with State Attorney General. This is a measure designed to protect donors and assure that monies accepted on behalf the charity are not “squandered through fraud or other means.” Furthermore, annual financial disclosures are required and should be turned in. Garcia’s charity has not complied with this statute since it was granted charitable status in 2013. https://oag.ca.gov/charities.
Mayte’s response was a FB Live Feed.
Then we gave a rebuttal because that is what intelligent people do:
For the record, it doesn’t matter how good Mayte Garcia’s intentions are, if she is going to operate as a public charity in the state of California with federal 501©3 tax-exempt status, Mayte Garcia’s rescue is required to operate like any other nonprofit organization. In California, the DOJ provides oversight that protects both the public AND the charity’s governing body (re: Board of Directors) and ensures that monies collected from donations and fundraising activities. Ms. Garcia’s charity presented her Articles of Incorporation to the State Attorney General in 2012 (they are stamped with that date and searchable online). She has a crowdfunding page showing she began raising money in 2012 as well. Even if Mayte collected one nickel, she had up to 4.5 months to register with DOJ. The fact that she didn’t nor did she file an IRS return for her charity in that year (2012) places the fault purely at her feet. The fact that in 7 years she has not complied places the onus squarely on her as the named President of Mayte’s Rescue. Anyone who has ever run a nonprofit knows this and accepts that responsibility. Furthermore, there are organizations that help people who haven’t run a nonprofit learn the laws.
Mayte let her pimp and pet raccoon David Sean “RICO” Buchansky act the fool he was and started attacking people. Dave called them liars, but guess what? You and Mayte:
The people who were attacked and harassed know that silence is golden. They sat quietly because they know this about the truth: when you live and walk in truth, you run from nothing or no one. Well, Mayte, by her own admission is running. Then, he organized her haters, uh, we mean “crusaders” to attack anyone who they felt owed Mayte their loyalty and frequently used the term “jealous”. But we aren’t running so why would we be jealous?!
Good triumphs over evil every time. You really have to congratulate those who waited quietly because while Dave, Kim, LyNNette and countless other idiots were harassing people in Mayte’s name, the quiet ones were investigating, doing research and organizing themselves around the law.
Well, their efforts paid off because a few weeks after our first post on the charity scam, California DOJ served Mayte with a notice to register behind what Dave called a “fake article”:
Section 12585 of the CA law as cited in this letter reads:
Uniform Supervision of Trustees for Charitable Purposes Act [12580 - 12599.8] 12585.
(a) Every charitable corporation, unincorporated association, and trustee subject to this article shall file with the Attorney General an initial registration form, under oath, setting forth information and attaching documents prescribed in accordance with rules and regulations of the Attorney General, within 30 days after the corporation, unincorporated association, or trustee initially receives property. A trustee is not required to register as long as the charitable interest in a trust is a future interest, but shall do so within 30 days after any charitable interest in a trust becomes a present interest.
(b) The Attorney General shall adopt rules and regulations as to the contents of the initial registration form and the manner of executing and filing that document or documents.
Property in this manner includes monetary donations per the law. The letter also cites her need to comply with CA Government code 12586:
Every charitable corporation, unincorporated association, and trustee subject to this article shall, in addition to filing copies of the instruments previously required, file with the Attorney General periodic written reports, under oath, setting forth information as to the nature of the assets held for charitable purposes and the administration thereof by the corporation, unincorporated association, or trustee, in accordance with rules and regulations of the Attorney General.” This is the language in the code the second letter references.
They gave Mayte 30 days to submit the proper documentation. When we saw this back in June, we KNEW then what Mayte was not going to be able to do and how this would all end (again, walking in truth, you can’t be wrong).
We took bets around here on whether Mayte or Dave were going to be bright enough to not just fill out the form they were asked to fill out and send the $25 fee, but to also provide the supporting documentation that if you click on in the link to the form, you will see that they require certain filings like bylaws (which we knew she did not have - thus one reason she was shut down in FL) and filing with the CA tax board. Even after our initial post on this charity scam gave her instructions and information on how to do that.
But rather than do what she should have been doing (re: handling her business like a grown woman), Mayte continue to solicit donations illegally for her charity and went so far as to use Prince in the process. She was using his music, for which she did not seek proper licensing, to use in her hula hoop classes that she repeatedly advertised were for the purpose of funding her charity’s efforts.
Mayte then let Dave out of his cage to start barking at passers by who could only think how pathetic he is to be lying about this. HE was derelict in his duties several years ago in Florida, and he was derelict of his duties in CA. Now having done this a few times, Mayte could possibly have her 501c3 status snatched altogether and when that happens, she won't get it back very easily and everyone around her and working with her better be careful because you will, too, be audited and charged any penalties. Rather than throwing shadelessness at us, you should have read the links we posted in May that outlined exactly what could happen if you did not comply with the law.
But you didn’t because on August 30th, you were given the following status by California DOJ:
Before one of ye old “Crusaders” even fixes your mouth to say it’s a lie: Here is the website to check her registration status. You can use her Federal EIN (461273161), enter the “charity’s” name (Mayte’s Rescue) or enter the Registration Number Assigned to her Initial Application (CT0251991). Once you get this screen, you can click on the rescue name to the right and see what it is we are about to show you.
If you look at this screen, it would appear her registration is not up for renewal until 5-15-2018. However, if you call CA DOJ to confirm (which we do because defamation can get you sued), they will tell you this is renewal date only refers to the Registration Number which was issued on 8-30-2017, as we will show you in a moment).
Notice the Confirmation of Registration Letter. If you click on it, you will see this:
CA DOJ states that they did assign her a registration number, but that she is delinquent in filing all of the paperwork they initially asked for on 6-1-2017.
But pay attention to the code they cite:
CALIFORNIA CODE OF REGULATIONS TITLE 11. DIVISION 1. CHAPTER 4. REGULATIONS ADOPTED PURSUANT TO THE SUPERVISION OF TRUSTEES AND FUNDRAISERS FOR CHARITABLE PURPOSES ACT § 300. Initial Registration (b).
This statute reads:
(b) An Initial Registration Form and supplemental documents identified in that form shall be submitted to the Registry of Charitable Trusts. The Initial Registration Form shall require the following:
Name of the organization (the name must be the legal name as stated in the organization’s organizing instrument);
Official mailing address of the organization;
Federal employer identification number from the Internal Revenue Service;
Federal employer identification group exemption number from the Internal Revenue Service (if applicable);
If the organization is a corporation, the corporate or organization number from the Secretary of State. If the organization is unincorporated, the organization number assigned by the Franchise Tax Board upon application for California tax exemption;
Names, addresses, and positions of all trustees or directors and officers;
Attach or provide a statement fully describing the primary activity of the organization. (A copy of the material submitted with the application for federal or state tax exemption will normally provide this information.);
If the organization is based outside of California, comment fully on the extent of activities in California and how the California activities relate to total activities. In addition, list all funds, property, and other assets held or expected to be held in California. Indicate whether you are monitored in your home state and, if so, by whom;
If assets (funds, property, etc.) have been received, enter the date first received.
Mayte did not turn in bylaws because she doesn’t have any, as we said months ago. They also said that between June 1st and August 30th, Mayte never turned in her IRS filings to DOJ. Now follow us for a moment. Remember back in the first video when Mayte said she would show proof to the Cult of Crusaders? She showed them this:
Mayte could post her 990 e-cards to Facebook, but could not send them to CA DOJ between June 1st and August 30th?! So she could show it to the crazies, sorry, “crusaders” (we just can’t seem to get that right today), but failed to show the state regulating body in order to protect a scam she loves so much?! And just for the people who may say she was busy “rescuing” dogs, then fine, what was her excuse for not asking Dave? Not like he was doing anything but sitting at home in his drawers on his computer harassing folks making fake pages, profiles and accounts, hacking stuff. If they were really about business, they would have handled business. But, we are talking about some of the silliest criminals and they aren’t too bright. But, please, let’s continue through this journey into the truth.
Of note is the fact that DOJ also sent Mayte a 1st delinquency notice. You may think that it just a follow up requesting the things that were asked in the Confirmation Letter. However, it is a whole different letter citing different laws her organization is not complying with:
Not only is she delinquent in paying her annual filing fee, this charity she implored people to believe was legit did not file one for 2012, 2013, 2014, 2015, or 2016. What’s even more ridiculous is that she had until May of 2017 to pay the 2016 fee and file that paperwork. But failed to do so and still hasn’t in 9 months since the filing year ended on 12-31-2016. Along with the fee one has to submit the reporting form and she is delinquent on that as well.
To add insult to injury, Mayte also has not turned in her federal tax forms from 2012-2016 to California, which is required to be a legit registered charity. She posted two on Facebook, so you know she had them. She also could have down loaded copies from the IRS site as anyone in the public domain can for any 501(c)3. It doesn’t require much talent or skill, she could have trained Dave to do it, after all, she trained him to sit, take orders, surrender his manhood (more on that in Part 2). But she didn’t do it because she doesn’t have a filing for 2012. See, Mayte began collecting donations in 2012 (you can go to her Facebook page and see). She and her sister were both soliciting donations and holding auctions for what Mayte called her charity. The IRS only shows she has been filing since 2013 returns were due. She never reported any of the donations she received in 2012 to anyone, but told fans they were a “charity.”
Also, Mayte’s filings to the IRS indicate that the “charity” made less than $50,000. In 2014, she had a yard sale she discussed on TMZ If you look at the first week she was on the NY Times Bestsellers and her second/last week, in order to be at the position she was at the first week, she had to sell at least 30K books that week and about as many the second. Remember that her publisher stated that a dollar from each book sale would go to her “charity”. So in those two weeks alone she exceeded what she told the federal government in her 2016 990 e-card she took in which is also illegal in a BIG way!
The above post is BS when Mayte was on TMZ in April 2014 saying from a 2-day garage sale of all things Prince, she made $15,000. So how is it between 2012-2016 she ONLY made $22,000? So that means in that 4 year period, once you subtract the $15,000 she made in 2014 for the one garage sale she only made $7,000? How is this possible when she was selling place settings from her wedding China before and after that for $3,000-$7,000 a pop?! If you donated to her in this period, you need to start talking to other donors because something is amiss in her accounting.
Now, while the fact that the letter states that if she does not do comply and file those returns she will lose her CA tax-exempt status and/or be assessed fees and penalties per the law, Mayte and ANYONE who ever was named an officer (Dave, her mother, Drue, Josh, her aunt Anamaria Mendez) and anyone who acted as a fundraising entity (Kim) over these last 5 years will also be held liable for the fines and penalties.
But that is not the worst part. On page 2 of this letter from the state finding her delinquent, they told her to stop soliciting donations IMMEDIATELY in bold print:
A delinquent organization may not engage in any activity for which registration is required, including solicitation of charitable assets.
How does Mayte respond? She does 3 things:
1. She announces she is fleeing to Vegas (she announced this two weeks prior to receiving the delinquency notices, but clearly she knew her time was running out on something, but no one really knew why she was running. She has no facility, just a mailbox where people are sending donations. This violates additional laws by the U.S. Postal Service (one of the things the Feds used to take Al Capone down in addition to tax fraud - makes you go hmmmm, doesn’t it?!):
Per 940. 18 U.S.C. Section 1341—Elements of Mail Fraud:
There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Raising money for a charity in in a state that requires state registration when you have NO facility and were told by another state to stop doing so constitutes mail fraud.
Per the U.S. Postal Service the penalties for such fraud are:
Scam artists who use the U.S. Mail to misrepresent charities may be prosecuted under the mail fraud statute, Title 18, USC 1341. The penalty is a fine or up to five years imprisonment, or both -- unless a financial institution is affected, in which case the fine may be raised to $1 million and imprisonment may ordered for up to 30 years, or both.
2. She announces more hula hoop classes for which she specifically says they are raising money for her charity AND she has them in states and D.C. where she is required to register to fundraise even for a one-off event.
If this wasn’t enough, Mayte is going back to LA to raise money for her charity after CA specifically told her not to solicit donations there.
Mayte even changed the rules for her hula hooping to read no reciepts will be given:
On behalf of Mayte's Bellydance Hope you are getting ready to shimmy, sweat and smile with Mayte ! Attendees will be permitted into the studio where you will have to check in at the merchandise desk. After check-in we will be having a reception where you can purchase hip scarves, shirts and other Mayte related items of which portions of the proceeds will go towards Mayte’s Rescue. We accept cash and all major credit cards. There will be no after class reception as we have to get to our next city so we will leave right after class. All pictures and merchandise sales will be conducted from during the reception only. We do not offer PAPER receipts, all receipts for all items can be emailed or texted to you. At this point you will be able to take a picture with Mayte. All pictures will be taken with our camera to save time so everybody can get a picture as we have to start class promptly. We will be printing out pictures with our photo printer for you to pick up when class ends. Sorry we cannot permit pictures with your cell phone or personal cameras as it takes up time. Mayte will only sign ONE personal item and any items you purchased at the actual class(pictures, books, CD’s , DVD’s) Also, here are some policies we had put in place for safety and timing reasons: Absolutely no video recording will be permitted. We will be recording video and posting it on Mayte’s web site which is password protected for your privacy. Password will be provided at class or you can always email us and we will give it to you. No pictures or recording of any kind allowed. Anybody taking pictures or recording will be asked to leave. Only ticketholders will be permitted into the dance studio. If you have a spouse or friend who wants to just come watch, they will have to purchase a ticket. Children under the age of 13 do not have to purchase a ticket to watch the class, they only have to purchase a ticket if they participate. They also must not be obstructive to the class. Any children that obstruct the class will be asked to wait in the waiting area outside of the studio. Also, no pictures or video will be allowed to be taken by anyone observing. All bags are subject to search. This is due to safety reasons, for the safety of students and Mayte. We reserve the right to refuse admission without reason. If you are refused and you had paid for a ticket, you will be refunded. Refusal is done at our discretion. As soon as class ends, you must depart the studio as we have to vacate the studio at a specific time. Now that we got that out of the way….lets all have some fun and get ready to Shimmy, Sweat and Smile!! Looking forward to seeing everyone ! Mayte’s Bellydance
Well, the IRS will tell you that a charity event that will not give you a receipt on site is suspicious and that you probably shouldn’t be donating to them. They tell people to be wary of the “Dirty Dozen” types of tax scams to include those that will take cash donations and not give receipts and those that run donation scams during natural disasters and crises:
Be wary of charities with names that are similar to familiar or nationally known organizations. Some phony charities use names or websites that sound or look like those of respected, legitimate organizations. IRS.gov has a search feature, Exempt Organizations Select Check, which allows people to find legitimate, qualified charities to which donations may be tax-deductible.
Legitimate charities will provide their Employer Identification Numbers (EIN), if requested, which can be used to verify their legitimacy through EO Select Check. It is advisable to double check using a charity's EIN.
Don’t give out personal financial information, such as Social Security numbers or passwords, to anyone who solicits a contribution. Scam artists may use this information to steal identities and money from victims. Donors often use credit cards to make donations. Be cautious when disclosing credit card numbers. Confirm that those soliciting a donation are calling from a legitimate charity.
Don’t give or send cash. For security and tax record purposes, contribute by check or credit card or another way that provides documentation of the gift.
Mayte admits she was hoarding dogs and that is the reason she had to shut her facility down here.
Furthermore, her website is still soliciting donations even without a facility. She is asking people for money to not do the work she says they are doing. But don’t let us tell you. Let Mayte tell it (re: lie) to you herself:
*** For the record, we have never challenged Mayte’s IRS status. The IRS ONLY gives her the ability to allow people who donate to her “charity” the ability to use their donations as a deduction and allows her to not have to pay federal taxes on any income to the “charity” derived from donations or charitable assets (which donations are considered). Mayte will try to get slick and say she’s legit because she has that designation letter. The IRS has a clear distinction between what 501(c)3 status is versus Non-profit status:
Nonprofit status is a state law concept. Nonprofit status may make an organization eligible for certain benefits, such as state sales, property and income tax exemptions. Although most federal tax-exempt organizations are nonprofit organizations, organizing as a nonprofit organization at the state level does not automatically grant the organization exemption from federal income tax. To qualify as exempt from federal income tax, an organization must meet requirements set forth in the Internal Revenue Code.
This means that even though Mayte has federal status, it does not exempt her from fulfilling the requirements states have for fundraising. She can have her federal status (which isn’t difficult to get) and still not be able to fundraise. Unfortunately for Mayte, who doesn’t seem to understand the separation of powers in states, there are very few states where you don’t have to register. A law firm that represents nonprofits will give you a state by state break down of filing requirements. There are 37 states that have these requirements have fines and penalties they assess for failure to comply:
There are 9 states that do not require charitable registration: Delaware, Iowa, Idaho, Indiana, Montana, Nebraska, South Dakota, Vermont & Wyoming. Texas has limited registration requirements that are only applicable to law enforcement, public safety and veterans organizations. Arizona requires charitable veterans organizations to register if they are solictiging money or other support in the state. Finally, Louisiana only requires registration if a charity engages paid, professional solicitors to fundraise in their state, while Missouri exempts 501c3, 501c7 and 501c8 organizations, upon application.
They will also report her to the IRS who could revoke her status. Mayte is trying to skirt the law and lying to her “fans” to make that happen. Mayte resist the urge to blame us and address us because your own posts and videos are getting you in deeper. Just. Be. Silent. Blaming us won’t change the fact you screwed up. It is time you start taking responsibility for yourself. You blame everyone else when the fault is yours.
Don’t forget to read Part 2
**** UPDATE
Don’t think Mayte has done any damage to Prince’s legacy?! When his fans start turning against him and turning to her, a woman who hasn’t done much of anything after he fired (re: divorced) her, take that as proof positive, she has:
If Mayte wanted to be more, she could have left. She didn’t. She made a conscious, adult choice to stay. HE left her. Her no-talent friends, the Kardashians, have built a multi-million empire by being famous for being famous. That’s it, no talent, no skills! Mayte couldn’t ask for tips?! She never planned on being more and she still doesn’t. Proof: petitioning the estate of a man she had been divorced from for more than 18 years for a pension is as tacky as announcing a book less than 4 months after he died. She’s stays all about the money!
