Official Clan MacTavish Society

                                    since 1997

February. I discovered that the members' checks (for those who renewed from mid-January or February) had not cleared their banks. None of them. The only logical conclusion was that Donley Tomey was withholding them·or setting up another account for deposits. When I discovered this, I called the IRS to report apparent fiscal abuse within the organization. The IRS agent referred me to the TN Attorney General and I made contact with the Charitable Solicitations Division on February 15, 2006.

· On/about 1 March 2006, one of our members sent me a letter he had received from Donley Tomey with his dues renewal statement. He didn't understand why his check had been returned and why we had relocated Clan MacTavish to a P.O. Box. (undated letter, atch 16). In an undated letter, included with the returned checks and apparently sent to all members (copy sent to us from member), Donley Tomey deliberately misleads members in the third paragraph where he states "If you wish to continue with Clan MacTavish…." As ALL the members had received the DHA Privacy Policy, authored by Donley Tomey, stating in the first line that "Dunardry Heritage Association, also known as Clan MacTavish…". The majority of the members concluded that the letter was a simple change of address to a P.O. Box and didn't realize their money was going to a DIFFERENT Clan MacTavish.

· Repeated phone calls and emails to Donley Tomey went unanswered. On February 6, 2006 the DHA treasurer contacted the Bank of America, cancelled the credit card and had Donley Tomey removed from the account for malfeasance. On February 27, 2006 the DHA Board of Directors held an emergency meeting to minimize further losses and took action to protect the organization. One of these actions was to remove Donley Tomey as a director and membership secretary. (Letter dated February 28, 2006, atch 17)

Additional loss: Direct expense to DHA for stamps, envelopes, etc. retained by Donley Tomey for his personal use. He returned only the bank stamp (clearly showing he was NOT going to deposit there) and unused deposit slips. He did not return stamps, envelopes, etc. which DHA had paid for. (atch18)

Additional loss: Expense for printing costs of New Member Packets which were printed and sent directly to Donley Tomey for DHA use. Copy of invoice from Quantum Digital Imaging Centers and table of contents of the booklet (entire package not included) in this report. (atch 19)

On March 9, 2006, XXXXX Insurance Agency, Inc. was notified of loss due to employee dishonesty. Donley Tomey disavows his position as the DHA membership secretary, now calling himself "Clan Mactavish" membership secretary and refusing to deposit funds – even though Clan MacTavish is one of our "doing business as" names. For the previous three years, Tomey had been receiving revenues and depositing them into the DHA account on a regular basis. To suddenly change his affiliation and refuse to deposit funds is nothing more than fraud. He also