X-Message-Number: 2494
Subject: CRYONICS Quaife's criticism of ACS answered
From:  (American Cryonics Soc)
Date: Thu, 16 Dec 93 17:22:04 PST

Quaife's Criticism of ACS Answered

We agree with Perry that this discussion doesn't belong here. But
we were criticized in this forum and we feel  we  should  respond
here.  We  will  be glad to move this to cryonics.politics or off
the net altogether if others involved will.

A Pocketful of Suits

Since ACS, its other Governors and I (Jim Yount) have been threatened
with suits from Trans Time, Quaife, Zinn, and Brewer over this and a
number of other matters, it is with considerable trepidation that I
put my head into the lion's mouth.  Because of these threats, some of
Mr.  Quaife's comments must go unanswered.

Welcome, Y'all

ACS,  like most other cryonics organizations,  generally welcomes
members and encourages participation even from those who are mem-
bers of or even on the board of another organization  which  com-
petes in some ways with ACS.  Saul Kent, for example, has been an
ACS member for years and also participates actively  in  the  af-
fairs of other cryonics associations.

A Tale of Two Presidents

When  the presidents of two organizations which compete with ACS,
but are tied together through contract, and a significant overlap
of their two boards both wish to be ACS members,  it is not inap-
propriate for ACS Governors to raise questions of motivation.

When  this  conflict  of  interest  question  is coupled with our
recent history of strife with these individuals and the companies
they lead,  it is clear that the ACS Board has a duty to  examine
possible  reasons Jack and Art are apparently so fervent in their
desire to be ACS members.

The Unsettled Estate

Of prime concern is Art Quaife's failure to distribute to ACS the
estate of an ACS member.  Art is the executor;  the member willed
the bulk of the estate to ACS.  There is a court order over three
years old directing that distribution.  Jack  has  threatened  to
file  lawsuits  against  ACS  and our Governors individually over
unrelated matters if ACS pursues our claim through the courts. As
this matter drags on, the member is in long-term storage at Trans
Time with estate liquid assets being  depleted  by  Trans  Time's
$5,000+ per year charges -- the highest in the industry.  When we
aren't in control our member's estate it is extremely difficult for
ACS to either negotiate a better deal with Trans Time or move the
member to cheaper facilities.

Credit Where it's Due

We  commend Trans Time's recent completion of an enclosed operat-
ing theatre where they can now handle AIDS neuro patients. On oc-
casion,  Jack Zinn has volunteered his services during  times  of
crisis, even when our ordinary relationships had become less than
cordial. We commend to him our gratitude

When You Are Most Helpless

A person is most helpless and dependent upon others when the per-
son  is  in  suspension.  Our prime responsibility must be to our
frozen members.  Anything we may owe or not owe to Art or Jack by
virtue of their past service to the society is of  secondary  im-
portance  compared to our duty to suspended members.   Until this
matter of our member's estate is settled, Art and Jack serving on
our Board or using their status as ACS members to bring unrelated
lawsuits will not serve the purposes of the society.

No Free Lunch

Carmen Brewer, Jack Zinn, and Art Quaife were all over six months
in arrears in their dues before they  were  terminated  for  non-
payment.  Jack  questioned  our  termination procedure and so was
given an opportunity to address the Board of Governors.  Art  and
Carmen were also given an opportunity to address the Board on the
question of their own memberships.

No Jobs For Life

Carmen was offered re-enrollment as an ACS member; however, it was
made clear to her that the Board chooses its own officers and has no
obligation to reinstate her as Secretary.  She chose not to re-enroll.

The Last Straw

Considering  whether to accept someone as a new member or to ter-
minate an existing member is a difficult chore for a society.  We
don't  wish  to  silence  opposing  voices by getting rid of dis-
senters.  On the other hand Governors do not have the  obligation
to  accept  someone  as  a  member  or  continue their membership
regardless of the circumstances. In this case the deciding factor
was the threats against ACS should it pursue its responsibilities
to receive distribution of our member's estate.

An Ironic Selection

Art criticizes ACS soundly in his three "ironic  notes."    There
are  plenty of things ACS needs to improve upon;  however,  it is
ironic that Art should select these three.

Irony 1: Turning Down "Good" Money

Mr.  Quaife says ACS has a negative $757 net worth  and  suggests
accepting  their  checks  would  take  us "out of the hole."  The
figure he quotes is on UNRESTRICTED funds only.  It  doesn't  in-
clude  trust  funds  or  special project funds.  Nevertheless any
negative number on a financial statement is  embarrassing.

     Air for Sale

A  past contract,  signed by Jack Zinn when he was ACS President,
obligated ACS to pay Trans Time a marketing fee  whenever  anyone
enrolled  as  an ACS member even though Trans Time had nothing to
do with that enrollment.  Another contract obligated ACS  to  pay
Trans  Time  $118 per member per year for Trans Time "being ready
to suspend" ACS members.

     A Costly Settlement

These  contracts,  where  we  paid  big  bucks  for  air,  almost
bankrupted  ACS  until  we canceled them and reached a settlement
with Trans Time,  borrowing from members to  pay  the  settlement
fee.  We have made progress in discharging these debts to members
and will make it all the way "out of the  hole"  WITHOUT  selling
our souls.

     How To Lose $10,000 Per Month

The  last  time I got a squint at the Trans Time financial state-
ments, by the way,  the good ship Trans Time "Valdez" was sinking
at the rate of about $10,000 per month.  In spite of that monthly
deficit, Art collects $40,000 per year salary.

Irony 2: Jerry's Friends

Jerry White's friends are Jerry's  friends.  That's  why  they've
purchased  equipment  and  acquired training and signed contracts
with BioPreservation,  the Cryonics Institute and other companies
who will be there for Jerry when he needs them.  He won't receive
a notice from ACS that because he has AIDS or wants a  neuro  op-
tion  or  "owes us money" (he doesn't) that we won't suspend him.

He has one friend named Margaret Bradshaw who has been giving  up
her  evenings  for months to care for Jerry and other friends who
have volunteered their homes  for  Jerry's  care  or  suspension.
Jerry was always there for us when we needed him. We are here for
him.  The implication that the people Jerry is dependent upon are
anything less than real friends  because  they  aren't  ready  to
embrace  Art  Quaife's  version  of "cooperation with Trans Time"
does both Jerry's friends and Trans Time a disservice.

Irony 3: Conflict of Interest

For years there were people who served on both Trans Time and ACS
Boards.  As the two organizations have  become  more  competitors
than allies, honestly representing both companies at once has be-
come extremely difficult.  In the present climate, a board member
with the wisdom of Solomon and patience of  Job  shouldn't  apply
for the job. Carmen's affiliation with Art does not "taint" her.
Her simultaneous service on both boards concerns us.

Goose Stepping to the Bunker

"Friday Night Massacre! Thuds of goose steps! Cult members!  Bur-
rowing  down  deeper  in  their  Bunker!"    My,  such a colorful
description.

Edgar Swank correctly described ACS as  a  DYNAMIC  CRYONICS  OR-
GANIZATION.    The fate of ACS no longer is tied to that of Trans
Time. There are now more suspension and storage options available
to our members than ever before.  Both in  terms  of  quality  of
suspension and competitive storage costs, ACS members benefit.

The one thing sure is change.  Many of the old cryonics alliances
have deteriorated and new ones have formed.  For every curmudgeon
trying  to  turn  back the clock or force people to return to the
way things used to be,  there are half a  dozen  ready  to  forge
ahead.

ACS  has  always  been a society of choice.  We would like to in-
clude,  once again,  suspension and storage by Trans Time in  our
menu.  We  hope  Mr.  Quaife  and other Trans Time Directors will
agree and work with us to get new contracts.

Its the dawn of a new age!   From some in the old guard,  we  get
nothing  but sour grapes.   By threats and suits they would force
themselves and their moldy old  ideas  on  everyone  else  giving
credibility  to  the  old  parody: those who can,  do;  those who
can't, sue. Come on,  guys,  you and your companies can be a part
of the new cryonics, too. As usual, the American Cryonics Society
will show you how. All we ask is that you don't get in our way.

--
 (American Cryonics Soc)
SPECTROX SYSTEMS +1.408.252.1005  Cupertino, Ca

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