Ombudsman's Rebuttal To Anarchist Jerald Jordan's October 24, 2005 Story

From: DeafSportLawSuit.com - Oct 28, 2005

PRESS RELEASE - October 28, 2005

For translation of this Press Release in your native language, visit

www.babelfish.altavista.com

From: www.deafsportlawsuit.com

2005 CISS/DEAFLYMPICS CONGRESS VOTING FRAUD: OMBUDSMAN'S REBUTTAL TO ANARCHIST JERALD JORDAN'S OCTOBER 24, 2005 STORY
A WHOPPING 286 VOTING BALLOTS ( 29.8% ) WENT UNACCOUNTED AND UNUSED!

By Rafael PINKHASOV PINCHAS, CISS Ombudsman

Note: see below

EXHIBIT NUMBER ONE - March 27, 2005 39th CISS CONGRESS MINUTES REPORT, POINT NUMBER 17
EXHIBIT NUMBER TWO - October 23, 2005 39th CISS CONGRESS MINUTES REPORT, POINT NUMBER 17 ( altered version )
EXHIBIT NUMBER THREE - ALLEGATIONS OF FRAUD ARE FALSE story

New York, USA - The meddling into the internal affairs of the organization of the CISS/Deaflympics or ICSD ( "CISS" ) by the so-called deaf international sports role model and CISS Honorary Member for Life - Jerald Jordan - is going on.

Once again, Jordan, the recipient of the 1994 Gallaudet University Honorary Doctorate Degree and 1995 Olympic Order, is getting backfired.

After mishandling his one-man Deaflympics Database Project, in which over 985 errors were spotted in his work, Jordan has now again degraded the image and integrity of the CISS in the eyes of the whole word

www.deafsportlawsuit.com/update77.htm
www.deafsportlawsuit.com/update78.htm

And despite his recent denial as a person in charge of the 39th CISS Congress election running, Jordan ( not Lennart Edwall of Sweden, the chief scrutineer or teller of the election session ) has now himself found the nerve to describe his story about these elections in one publication - www.deaftimes.com

www.deafsportlawsuit.com/update82.htm

Jordan's recent story is an excellent piece of evidence document strengthening this Ombudsman's case that the 39th Congress election session held on January 4, 2005, at Melbourne, Australia, was mishandled and that the elections were organized in a highly-dubious and fraudulent manner!

The reputable deaf online news publication in the USA - www.deaftimes.com -
in its recent October 24, 2005 edition published Jordan's story titled ALLEGATIONS OF FRAUD ARE FALSE.

In spite of his long-time status in the organization of the CISS ( he was its President between 1971 and 1995 ), Jordan's October 24 story was produced in an unprofessional, confused, negligent, inconsistent, inaccurate and mistaken manner.

According to Jordan's story, a record total of 286 voting ballots out of 960 for five various CISS Executive Committee positions went unaccounted or unused: these 286 ballots were either returned blank or disqualified ones by the Congress delegates.

These 286 ballots out of 960 translate into 29.8% of votes that went unaccounted during the January 4 Congress elections!

Allow this Ombudsman to elaborate further.

There was a supposed breakdown for the total of 960 voting ballots distributed for five different positions:

120 votes for the office of President
120 votes for the office of Vice President
360 votes for the office of Member-at-Large Round One
240 votes for the office of Member-at-Large Round Two
120 votes for the office of Member-at-Large Round Three.

For the office of President Jordan mistakenly reports in his story a total of 120 votes, that is, Donalda Ammons received 89 votes, while Valery Rukhledev - 23.

Mathematically, 89 plus 23 will equal 112 votes. So, Jordan failed to report 8 missing votes.

For the office of Vice President, Jordan again erroneously reports a total of 120 votes, that is,
David Lanesman got 62 votes, Rukhledev 39 and Jessica Rohde 15.

Mathematically, 62 plus 39 plus 15 equal 116 votes. Thus, Jordan in his story did not report these 4 votes as void ones.

For the office of Member-at -Large, there were 3 vacant positions, in which three different Rounds were held.

Member-at-Large Round One: Jordan wrote to say that "But the facts are that 118 ballot papers were returned ( meaning a country either left the room or chose not to vote )," and that "Three of the ballot papers were disqualified," and that "Examination of remaining papers shows that some countries did not vote for three candidates ( nor were they required to )."

Jordan's statements translate into the following: 118 returned ballots plus 3 disqualified ballots means a total 121 ballots went uncontested or unused. Therefore, of 360 ballots awarded for this Round One minus 121 equal 239 ballots ( or, 360 - 121=239 ). This translates into a total 239 ballots which were supposed to be contested among the six candidates in this Round.

However, there is a huge inconsistency: how could these six candidates collect a combined total of 239 votes?

According to Jordan's story itself and CISS Congress Minutes Reports of March 27 and October 23, 2005, Siv Fosshaug received 79 votes, Tommy Jung 44, Dogan Ozdemir 55, Yang Yang 57, Rohde 28 and Rukhledev 41, which equals to an aggregate of 304 votes.

The figure of 239 does not justify the figure of 304. That is, an aggregate of 304 votes, let's repeat, was collected by all these six candidates in this Round One contest.

Thus, it appeared that a total of 239 votes went unaccounted or unused in this Round One.

Member-at-Large Round Two: Jordan provided confusing and vaguely-worded statements by writing to say that "116 ballots were returned, meaning 2 countries did not vote," that "Eight ballot sheets were disqualified," and that "Again, not all countries voted for two candidates."

Jordan's statements interpret the following: 4 votes ( that is, each country has 2 votes times 2 countries ) plus 8 disqualified ballot sheets equal 12 votes. Now, 240 contested votes for this Round minus 12 votes equal 228 remaining votes ( or, 240 - 12 = 228 ).

Again, there is an inconsistency with these 228 votes compared with Jordan's story and the two different CISS Congress Minutes Reports of March 27 and October 23, 2005 ( that is, Jordan and the two CISS Congress Minutes Reports indicate that a combined total of 208 votes were awarded between 4 candidates for this Round - Jung got 45 votes, Ozdemir 54, Yang 65 and Rukhledev 44.

Therefore, 228 votes minus 208 equal 20 votes ( or, 228 - 208 = 20 ).

Thus, according to Jordan's story, 20 votes went unaccounted or unused in this Round Two.

Member-at-Large Round Three: Jordan stated in his story that "112 ballot sheets returned ( 4 countries not voting )," and that "Seven ballot sheets were disqualified."

Jordan's these 2 statements interpret the following: 4 countries not voting is tantamount to 8 votes ( or, 4 countries x 2 votes each country = 8 ) plus 7 disqualified ballot sheets equal a total of 15 unaccounted or unused votes.

Once again, there is an inconsistency and contradiction with these statistics. Jordan reports that Ozdemir received 61 votes, while Jung 44, but the altered October 23, 2005 CISS Congress Minutes Report indicate that Ozdemir got 61 votes, while Jung 45 ( not 44 ). It is also still unclear whether there in fact was a live election contest in the Round Three between Ozdemir and Jung at all because the March 27, 2005-issued CISS Congress Minutes Report mentions the name of Ozdemir with 61 votes as the only entrant in this Round Three contest.

By the way, this Ombudsman has sent an e-mail message to Tommy Jung of Korea to find out and verify the facts from him on whether there was actually held a face-to-face election session between Jung and Ozdemir of Turkey and the exact number of votes Jung received in the last Round Three. As of this writing, unfortunately, Jung has not replied to this e-mail message yet.

Overall, per Jordan's explanations in the story, a total of 286 votes went unaccounted or unused, including disqualified and returned blank ones. That is, for the office of President - 8 votes went unreported by Jordan, Vice President - 4, Member-at-Large Round One - 239, Member -at-Large Round Two - 20, and Member-at-Large Round Three - 15.

In comparison, based on the March 27, 2005 CISS Congress Minutes Report release, this Ombudsman found out a total of 151 unaccounted and missing votes in the Report. That is, for the Office of Vice President - 4 votes went unreported, Member-at-Large Round One - 56, Member-at-Large Round Two - 32, and Member-at-Large Round Three - 59.

www.deafsportlawsuit.com/update72.htm

Interestingly, the various figures produced in Jordan's story, for instance, such as "118" ( or "118 ballot papers returned" ), "116" ( or "116 ballot sheets were returned" ) and "8" ( or "eight ballot sheets were disqualified" ) went unmentioned in the October 23, 2005 altered version of the 39th CISS Congress Minutes Report.

The main and eloquent fact is that the many voting ballot numbers presented in Jordan's story do not match with the numbers published in both CISS Congress Minutes Reports
demonstrated in EXHIBITS NUMBER ONE and TWO below.

Jordan concluded his story with his beautifully-uttered words, "I repeat, NO FRAUD"!

This is another sophisticated propaganda ploy by Jordan to mislead the world.

For many valid reasons, however, this Ombudsman must wholly and squarely challenge Jordan's irresponsible and intimidating propaganda tactic by reiterating his opinion conclusion that there was indeed an election FRAUD, which was primarily orchestrated by its chief mastermind and architect - Jordan!

Thus, ideology and opinion difference over how to properly, appropriately, competently and professionally manage the CISS business, including the issue of election handling, between the two different schools of thought: this Soviet Union-born and USA citizen's Ombudsman and two USA-born citizens and anarchists' - Jordan and his "a yes-person" and disciple Ammons - continues.

P.S. It was just learned by this website that Ammons, the illegitimately-elected CISS President, sent her letter explaining about her viewpoint of the 2005 CISS Congress election outcome to Jean-Laurent Bourquin, the I.O.C. Sports Manager at the I.O.C. headquarters in Lausanne, Switzerland. The contents of Ammons' letter were almost identical ones as Jordan's story of October 24, 2005.

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EXHIBIT NUMBER ONE

Note: on March 27, 2005, the CISS Home Office issued and posted on its
www.deaflympics.com website the 39th CISS/Deaflympics Congress Minutes Report, in which produced the following information:

17. Election of Executive Committee for 2005-2009 60 countries - 120 eligible votes
Donalda Ammons, President 89 Valery Rukhledev 23 8 void
David Lanesman Vice president 62 Valery Rukhledev 39 Jessica Rohde 15

Member Round 1 Round 2 Round 3

Siv Fosshaug 79
Tommy Jung 44 45
Dogan Ozdemir 55 54 61
Yang Yang 57 65
Jessica Rohde 28
Valery Rukhledev 41 44

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EXHIBIT NUMBER TWO

39th Congress Minutes - Melbourne

MELBOURNE, AUSTRALIA

3-4 January 2005

1. Roll Call by Interim President Donalda Ammons: A total of 60 countries in attendance.

2. Appointment of Scrutineers
Ed Ingham, Lennart Edwall, Sebastino Manciagli, and Guido Zanecchia – Approved.

17. Election of Executive Committee for 2005-2009 60 countries – 120 eligible votes

Donalda Ammons, President 89 Valery Rukhledev 23 8 void
David Lanesman. Vice president 62 Valery Rukhledev 39 Jessica Rohde 15

Member Round 1 Round 2 Round 3
Siv Fosshaug 79
Tommy Jung 44 45 45
Dogan Ozdemir 55 54 61
Yang Yang 57 65
Jessica Rohde 28
Valery Rukhledev 41 44
Not OK 1 4 7

EXHIBIT NUMBER THREE

October 24, 2005

1174532/n ***********************************************

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Following list will be found in current digest email:
3.) Allegations of Fraud Are False
4.) NAD URGES COMMENTS ON CLOSED CAPTIONING RULES
5.) USA COURT FOR DISTRICT OF MARYLAND MAKES DECISIONS
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Allegations of Fraud Are False

The allegations of fraud in the recent International Committee of Sports for the Deaf (ICSD) election in Melbourne are completely baseless.

The facts of the matter (which are not disputed) is that the outcome of the vote was as follows:

There were 60 countries present each entitled to two votes; hence the total was 120 votes. By ICSD law, to be elected, one must get 50% plus 1 votes, in other words, 61 votes. Remember this magic number, 61!

For President: Donalda Ammons 89, Valery Rukhledev 23; 120 total votes.

For Vice President: David Lanesman 62, Valery Rukhledev 39, Jessica Rohde 15;

120 total votes.

There were three executive committee positions open. The rules are that if all the positions do not receive a majority, the person with the lowest number of votes is eliminated and another round is held. This continues until three people have received that magic 61.

Round 1 (vote for 3): Siv Fosshaug 79, Tommy Jung 44, Dogan Ozdemir 55, Yang Yang 57, Jessica Rohde 28, Valery Rukhledev 41; total 304. Ms. Fosshaug, being the only person with more than 60 votes, was elected and Ms. Rohde, having the least, was eliminated.

Since there were 360 (3x120) possible votes, the conspiracy advocates jumped to the mistaken conclusion that 56 votes were stolen. But the facts are that 118 ballot papers were returned (meaning that a country either left the room or chose not to vote). Three of the ballot papers were disqualified. Examination of the remaining papers shows that some countries did not vote for three candidates (nor were they required to).

Round 2 (vote for 2): Tommy Jung 45, Dogan Ozdemir 54, Yang Yang 65, Valery Rukhledev 44; total 208 out of 240. 116 ballot sheets were returned, meaning 2 countries did not vote. Eight ballot sheets were disqualified. Again, not all countries voted for two candidates. Ms. Yang was the only candidate with more than 60 votes and was elected. Mr. Rukhledev, having the least votes, was eliminated.

Round 3 (vote for 1): Dogan Ozdemir 61, Tommy Jung 44; 112 ballot sheets returned. (4 countries not voting). Seven ballot sheets were disqualified.

The ballots are carefully preserved in the ICSD home office and are available for inspection if you wish to verify these facts.

I repeat, NO FRAUD!

Jerald M. Jordan

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NAD URGES COMMENTS ON CLOSED CAPTIONING RULES

A News Release from the National Association of the Deaf
Release Date: October 21, 2005
For Immediate Release

Contact:
Anita B. Farb
Director, Outreach and Communications
National Association of the Deaf
Email: info@nad.org
Voice: 301-587-1788
TTY: 301-587-1789
FAX: 301-587-1791

++++++++++++++++++++++++++++++++++++

NAD URGES COMMENTS ON CLOSED CAPTIONING RULES

Silver Spring, MD -- As a result of a petition submitted by the National Association of the Deaf (NAD), Telecommunications for the Deaf, Inc., Self Help for the Hard of Hearing, the Deaf and Hard of Hearing Consumer Advocacy Network, and the Association of Late Deafened Adults, the Federal Communications Commission (FCC) has begun a rulemaking process to examine FCC closed captioning rules.

Closed captioning is an integral and crucial part of a deaf and hard of hearing person's daily life and personal safety. However, despite the FCC current closed captioning rules, there continues to be woeful captioning access -- no access or poor quality -- in broadcast captions.

The FCC seeks comments on whether additional enforcement mechanisms should be required to ensure full compliance with its rules and to increase the accountability for noncompliance with its rules. "This will be the biggest change in captioning rules in years," says Kelby Brick, NAD Director of Law and Advocacy.

The FCC seeks comments on the following areas:

* non-technical quality standards for closed captioning
* technical quality standards for closed captioning
* monitoring of captioning
* complaint procedures
* accessibility of contact information
* standardized FCC complaint form for consumers to use
* fines and penalties for failure to caption
* requirement for compliance reports by broadcasters
* availability of captioners to provide live and pre-broadcast captions

"The FCC must hear from consumers on this important issue," urged Sheila Conlon Mentkowski, Chair of the NAD Technology Committee.

Consumers are encouraged to take action now by going to:
http://www.nad.org/CaptioningAction

About the NAD

The National Association of the Deaf (NAD), founded in 1880, safeguards the civil rights of deaf and hard of hearing Americans. As a national federation of state association, organizational and corporate affiliates, the advocacy work of the NAD encompasses a broad spectrum of areas including, but not limited to, accessibility, education, employment, healthcare, mental health, rehabilitation, technology, telecommunications, and transportation. The NAD website (http://www.nad.org) has a wealth of advocacy information and resources.

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Press Release - October 21, 2005

Note: to translate this material in your native language, visit http://babelfish.altavista.com

From: www.deafsportlawsuit.com

USA COURT FOR DISTRICT OF MARYLAND MAKES DECISIONS:
1) COURT IS NOT PROPER FORUM TO RESOLVE DISPUTES BETWEEN DEAF PLAINTIFF AND DEAF DEFENDANTS
2) COURT REJECTS $1 MILLION CLAIM BY DEAF ANARCHISTS AMMONS AND JORDAN VS. DEAF OMBUDSMAN PINCHAS
3) CISS/DEAFLYMPICS WAS NOT A PARTY TO LAWSUIT

Yesterday, on October 20, 2005, the Press Office of the CISS/Deaflympics has issued to the world its brief and vaguely-worded Press Release with its propaganda-themed U.S. District Court of Maryland Rejected Pinchas' 4th Civil Action Suit headline

www.deaflympics.com

Once again, defendants Donalda Ammons ( herein, "Ammons" ) and Jerald Jordan ( "Jordan" ) - individually or jointly or through their attorney from the National Association of the Deaf ( NAD ) Kelby N. Brick or the Press Office of the CISS/Deaflympics - have failed to clearly and truthfully explain as to what actually happened with the lawsuit case, including what was decided by the Court and why the Court dismissed the case, etcetra.

Ammons and Jordan or their attorney Kelby N.Brick have also continued to irresponsibly, intentionally and misleadingly imply that the organization of the CISS/Deaflympics was involved as a lawsuit party.

By utilizing the above-mentioned questionable propaganda tactics, especially among the 94-nation-members CISS/Deaflympics organization and its leaders, Ammons and Jordan have again "painted" themselves as the "true lawsuit battle winners," while Pinchas is "a loser!"

However, the facts and reality were and are quite different ones.

For the purposes of clarification, rebuttal, accurate and fair reporting, here are the following facts.

On March 2, 2005, plaintiff Rafael Pinkhasov Pinchas ( "Pinchas" ), appearing as a pro se, submitted his defamation of character lawsuit action against four ( 4 ) different defendants - Ammons, Jordan, Bobbie Beth Scoggins ( "Scoggins") and the United States Deaf Sports Federation ( "USADSF" ).

The organization of the CISS/Deaflympics, like in the previous lawsuits, was not specifically named by Pinchas as a party to this lawsuit action.

Like in the three previous lawsuit actions filed in 2001 and 2003 ( twice ) by Pinchas against Ammons and Jordan on an individual basis, the Court in Maryland again dismissed Pinchas' claim this time. Such a dismissal was principally based on the fact that "this Court is not a proper place or it has no jurisdction over disputes related to the internal rules" of deaf organizations such as the CISS/Deaflympics.

Additionally, here are the main points outlined in Senior Judge William M.Nickerson's 11-paged Civil Action Number WMN-05-629 Memorandum Decision recently:

- "While the Court can understand Pinchas' frustration at being precluded from serving a very worthy cause about which he is obviously passionate, this Court has repeatedly indicated to Pinchas that the federal courts are not proper forum to resolve his disputes with Ammons, Jordan, Scoggins and USADSF;"

- "As for the requirement of joinder of CISS/Deaflympics, Ammons and Jordan have proffered nothing to establish that CISS/Deaflympics is a necessary party in this action. While the Complaint repeatedly mentions the USADSF and it might be inferred that the Individual Defendants ( that is, Ammons, Jordan and Scoggins ) were acting on behalf on that organization, the Complaint does not, as Ammons and Jordan claim, "refer to action taken by CISS/Deaflympics," That Ammons' and Jordan's actions may have taken place at CISS/Deaflympics events is not a basis, without more, of imputing liability to CISS/Deaflympics;"

- "Turning to the counterclaims and motion for sanctions filed by defendants Ammons and Jordan, the Court notes that there is a certain insubstantial element to them as well. To support their "Malicious Prosecution" claim, Ammons and Jordan reference the four previous suits that Pinchas has filed against them and then assert that they have "incurred attorney fees" and "suffered extreme mental and emotional anquish as a result of Pinchas' "deliberate and malicious actions." Ammons and Jordan ask for $1,000,000.00 in damages. Ammons and Jordan have clearly failed, however, to state a claim for malicious prosecution...Here, Ammons and Jordan have not pled the requisite special damages to support a malicious prosecution claim;"

- "While Ammons and Jordan did file a motion for sanctions, Paper Number 11, they did not do so under the procedures prescribed in Rule 11. Rule 11 states that a motion for sanctions shall first be served on the opposing party and "shall not be filed with or presented to the court unless, within 21 days after service of the motion...the challenged paper, claim, or defense, contention, allegation, or denial is not withdrawn or appropriately corrected." Federal Rules of Civil Procedure, Rule 11 ( c) 1 ) ( A ). Ammons and Jordan indicate in their certificate of service that they served the motion to Pinchas at the same time as they filed their motion with the Court and thus, were not in compliance with Rule 11. The motion for sanctions will be denied."

The Memorandum Decision, among the other things, also stated that "this suit arises out of a highly contentious and long standing dispute amongst the parties" and that "Defendants ( Ammons, Jordan and Scoggins ) "have conspired to prevent him ( Pinchas ) from having any active role in the international deaf sports community."

In the meantime, a legal battle between the CISS/Deaflympics Ombudsman ( Pinchas ) against two deaf sports anarchists ( Ammons and Jordan ), Scoggins and USADSF continues.

Another and separate discrimination lawsuit involving Pinchas as a plaintiff vs. the same four defendants is still pending before the USA District Court for the District of South Dakota in Sioux Falls, South Dakota.

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