X-Message-Number: 1611 Date: 14 Jan 93 08:38:41 EST From: "Steven B. Harris" <> Subject: CRYONICS Jerking Around Potential Donors Dear Folks: I have a comment to make on Keith's discussion of Saul's role in the proposed Arizona Alcor building deal that disastrously fell through. Without attempting to take sides I want to reproduce an interesting section of Keith's letter. Keith says: >>Saul, I am going to call you on this. (I should have jumped you on the claim you made a while back that your attack on Carlos was not "self serving.") I suppose you can make a narrow case that your letter of May 19, 1992 was not in direct opposition to Alcor purchasing a building, but it sure had that effect.<< [after paraphrasing a section where Saul states his opinion that raising money to purchasing one building over another was illegal because it "changed the terms of" a board resolution, Keith quotes a letter from Saul]: Quote from Saul: "My second concern is that I think it is a mistake for Alcor to own the new building. One of the reasons Symbex [the group which owns the current building] was set up was to protect Alcor from the possibility of government action and/or civil judgement, which could lead to seizure of the building. It was felt, and I think rightly so, that private ownership of Alcor's facility--which is Alcor's principal hard asset--reduces Alcor's liability and helps to protect the organization and the patients Alcor is responsible for from hostile government agencies and individuals. To unilaterally "decide" that Alcor should own the new building outright, without the consent of The Alcor Board and input from the membership is, in my opinion, both illegal and irresponsible. As an Alcor member, I request an emergency meeting of The Board to discuss the issues raise in this memo. Please let me know as soon as possible what action The Board will be taking with regard to this matter. I can be reached at . . . . ." Keith then goes on: "From what I understand (though I know I do not have the full story and might have some critical details wrong) this letter quickly went beyond the board to a former Alcor member well known for irresponsible activities. According to accounts I cannot verify, the former member used the contents of Saul's letter to hassle at least one major potential contri- butor--to the point of threatening lawsuits if he donated to Alcor. The potential donor's lawyer was, in fact, the person who pointed out to Carlos that the tax conditions which obtained at the time Symbex was put together were no longer current, and that it would be better for his client to simply donate a large amount of money rather than put it into a Symbex type vehicle. As Carlos pointed out later, he does not need a board resolution to accept donations, and the logical conclusion of Saul's argument is that Alcor should own nothing at all!" Now, my own (Steve Harris) comments: That may have been Saul's conclusion, and it may have been a valid one. (Something of this sort is, you know, why many are arguing that the patient care fund be operated by a separate organization which is less vulnerable to suits against a sus- pension organization). In any case, if the issue over the building was this simple, I cannot imagine why it was not resolved in one-two fashion. 1) You simply let our rich bene- factor donate to Alcor for the purpose of buying the building, along with whoever else felt obligated financially to do the same for purposes of tax-write-off. Thus, Alcor could have bought the building (big deal) on credit, using the benefactor's money as down-payment. 2) After that, Alcor could leisurely have turned around to sell said building (either at an amount only equal to our remaining debt on it, or perhaps by retaining an appropriate share in it) to a Symbex-like consortium of (other) cryonics in- vestors, who would then rent back to us at a reduced rate, reflecting a low sales cost (much as is being done with our present headquarters) and everyone would then have been happy. Doing it this way, Alcor would not have alienated our would-be charitable benefactor(s), and our total financial exposure never would have been more than the amount of donated money that we failed to get anyway because of the political bickering (which was everyone's fault, not just Saul's). And (again) we would then have GOTTEN the damn building, which we're going to need shortly anyway, and which is NOW going to cost us twice what it would have last year. Heck, if we'd have bought the building on credit then and NEVER succeeded in forming a second symbex, we'd STILL be in possession now of a building which is worth considerably more than what it was last year. We'd have made a LOT of money, if nothing else. Am I missing something obvious in all this? If not, how come you all didn't ask my opinion about this at the time? (I was aware of none if this controversy until today). Let me give you some underpaid researcher's advice: when people want to give you money with no strings attached, you don't hassle them about it. You say "thank you" as fast as you can (before they change their minds) and then you figure out what to do from there. Saul was obviously afraid that Alcor intended to buy the new building with the money of everyone possible (not just our one sticky contri- butor), and then keep the building in our name, indefinitely. Why didn't somebody (Carlos?) be a little creative and tell him it wasn't necessarily so? Finally, by the way, how DID Saul's letter to the board, impacting as it did on delicate negotiations with a wealthy contributor, ever reach an unstable Alcor member in the East in the first place? If Saul sent it to him or made it public, then that's a black eye for Saul (some things are not meant to be public until the appropriate time). If not, then somebody else ought to `fess up. Steve Harris Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=1611