Pages Navigation Menu

ON-LINE MAGAZINE & WEB SITE - SCROLL DOWN FOR NEWS

☛ NCHA gives Janie Vogel 3 years probation 8-21-18

WHAT’S WRONG WITH THIS PICTURE?

 

NCHA GIVES JANIE VOGEL, THREE YEARS PROBATION FOR “AIDING AND ABETTING” RIETA TO RIDE STEVIE REY VON IN NCHA FUTURITY

 

By Glory Ann Kurtz
August 21, 2018

 

In a recent meeting of a chosen NCHA committee that was to determine blame in the Ed Dufurrena/Don & Janie Vogel case, it’s plain to see that the NCHA protects its trainers. The committee, almost unanimously, determined that Janie Vogel had “aided and abetted”theDufurrenas because she “allowed” Rieta Dufurrena to ride one of the Vogel’s horses in the 2015 NCHA Futurity.

 

Records indicate that Rieta Dufurrena a total of $14,145 when she won the NCHA Non-Pro Limited Class at the NCHA 2015 Futurity on Stevie Rey Von, collecting $9,145 and $5,000 in the Non-Pro. For the record, Stevie Rey Von was the 2015 NCHA Futurity Champion, ridden by Ed Dufurrena, for take-home pay of $200,000.

 

Yet, in reality, in a recent conversation with Janie Vogel, who is in ill-health, she told me she didn’t even know that the NCHA Futurity was going on or that one of her horses was showing in it. The first she knew about it was when a friend in attendance called her and told her that one of her horses made the NCHA Futurity finals. The only thing she did know was that Ed Dufurrena was training several of her horses – including Stevie Rey Von. When she called Shona, who received no penalties for aiding and abetting her kids riding in the event, to ask her about the win, Shona replied, “Oh, I thought you knew!”

 

The problem becomes even more exasperating, when the actual facts surrounding the Dufurrenas and the Vogels are delineated and the real facts are known in this continuing saga of nightmarish events that started long ago.

 

The events started when Ed Dufurrena was sued in a prior lawsuit entitled: Minshall vs Ed Dufurrena, et al, with the Plaintiffs claiming advertising fraud by Dufurrena for advertising “Auspicious Cat” as HERDA Negative when, in fact, the horse is HERDA positive.This fact was confirmed by AQHA registration records. For the record, advertising fraud was proven in court, during the Hartman trial, and the jury assigned 60 percent responsibility for the damage to Dufurrena. The Minshall lawsuit alleges the Dufurrenas concocted a fraudulent advertising scheme which resulted in their foal by Auspicious Cat being HERDA positive, thereby, causing permanent injury and damage to the foal which requires enumerable funding during its lifetime for maintenance costs.

 

The curious nature of the Minshall lawsuit is that it also included the “Dos Cats Partners” being sued along with all of its members, except the Vogels – who were never mentioned. Perhaps, the reason the Vogels were never mentioned is that no one knew about the Vogels and the second “Dos Cats Partners” and perhaps by Dufurrena design.

 

Again, and for the record, the Vogels entered into what they thought was a “hand-written contract” named “Dos Cats Partners,” which was the identical (dba) or “an assumed name” used in the Minshall lawsuit that the Dufurrenas executed on March 25, 2011, between the parties and in consideration of the Vogel’s $105,000 investment.

 

 However, my investigation proves the Vogel’s were duped into investing in an unregistered Dufurrena business entity, operating without registration or legal status as required by Texas business law. Further, the Dufurrena’s duped the Vogels into investing in an unregistered Texas business entity called “Dos Cats Partners” when, in fact, Dufurrena had already sold shares in the business which was revealed in the Minshall lawsuit.

 

The simple fact is that if the Vogel’s would have been told by the Dufurrenas that “Dos Cats Partners” wasn’t in compliance with Texas Business Law and there were other pre-existing investors in the bogus business entity of the same name, I’m sure it’s safe to say they would have saved their money!

 

More specifically, how is it feasible or possible for the Dufurrenas to sell a 49 percent share to the Vogels when a 49 percent share had already been sold to the “Dos Cats Partners” identified in the Minshall lawsuit? A good question and perhaps the NCHA would like an answer too! That is, if the TRUTH can be determined. One sure fire way to figure this out is by an IRS audit, an Investigation by the Texas Attorney General’s office or a law enforcement investigative agency in Cooke County. I’m sure they could clear all of this business maneuvering by the Dufurrenas right up.

 

UNREGISTERED DUFURRENA BUSINESS ENTITIES

 However, the problem for the Dufurrenas in this matter, that is perhaps a little tricky for the NCHA, is that NONE of Dufurrena’s dba’s or “an assumed name” business entities were legally registered in the State of Texas at that time, as required by law, including Ed Dufurrena Cutting Horses, Dos Cats Partners, Dufurrena Cutting Horses and “Dos Cats.”  According to the Texas Secretary of State filings, the foregoing listed dba’s or “an assumed name” Dufurrena business entities had never been registered with the State of Texas, as required by law.  Yet Dufurrena is allowed to participate in NCHA cutting events and even earn money. Therefore, according to the Texas Businesses Practices Act, this is an unconscionable contract.

 

For the record, Dufurrena received a check for some $200,000.00 for winning the 2015 NCHA Futurity on Stevie Rey Von and Rieta won $14,145 for a total of $214,145. However, reviewed documents, including Dufurrena invoicing, indicate the Vogels were 49 percent vested interest partners in Stevie Rey Von when the horse won the Futurity, yet the Vogel’s have never received a dime of the winnings.  In fact, to illustrate how enlightened the Vogels were, they didn’t even know the horse was in the NCHA Futurity or the Finals until they were tipped off by a friend who was at the event.

 

However, the NCHA allowed Dufurrena to change the ownership records on Stevie Rey Von from Brandon Dufurrena to Ed Dufurrena in the middle of the 2015 NCHA Futurity, or right before the finals on Dec. 1, 2015,, so that any earnings checks would be distributed to Ed Dufurrena (ONLY) and thereby bypassing the Vogels completely. The Vogels did not get Stevie Rey Von transferred into their company name, Jandon Ltd., until Feb. 6, 2018, during their meeting with the lawyers. But the Vogels hit back, as on Feb. 10, they sold the stallion to Fults Ranch Ltd., Amarillo, Texas, for $2 million.

Stevie Rey Von AQHA ownership record

 

The unfortunate aspect of this Dufurrena “Shell Game of Horse Ownership Records” is that the NCHA “aided and abetted” re-enactment of this “Shell Game” at the NCHA Summer Spectacular, when at the last moment Brandon Dufurrena was allowed to transfer ownership of his horses, to his mother – Shona Dufurrena, in-order for them to be shown, as by then Brandon had been suspended from the NCHA. (Tom Dvorak rode the horse attaining the NCHA Open Finals)

 

Of course, the horses were gifts to Shona Dufurrena – if you can believe that?  My questions is, when did the NCHA become an agent for the AQHA? My information is, that the AQHA transfers and the money were held at the NCHA office while the horses were showing. For the record, ownership transfers aren’t in full force and effect until AFTER AQHA records them in their data base which is accomplished during usual and customary business hours.

 

Also, my business records investigation proved:  NONE of the Dufurrena (dba) or “an assumed name” business entities have ever been recorded or registered with the Cooke County Clerks Office, as required by law.Therefore, NONE of the Dufurrena (dba’s) or “an assumed name”  business entitieswere in compliance with “LEGALLY” operating a business in the State of Texas.  I wonder if the NCHA knows that?

 

An even better question is: How is Dufurrena going to file taxes on business earnings or business entities that are unregistered and don’t exist by lawful requirements and standards?

 

Info-Secrertary of State – Aug 15, 2018

 

RULES OF ENGAGEMENT

According to Texas Law, an individual operating an unregistered (dba) or “an assumed name” business entity in the State of Texas is ONLYallowed to answer or defend a lawsuit brought against him or her, NOT institute one. Therefore, the problem for Dufurrena, in this “Shell Game of Mystery and Intrigue” of who he is “from day-to-day” is that filed court documents indicate that he has brought legal action against individuals under the unregistered business name of “Ed Dufurrena Cutting Horses” which is contrary to Texas State Business Law. According to my information, these individuals have the legal right to bring a “counter-action” against the Dufurrenas for filing an “unlawful lawsuit.”

 

Reddish

Claudon lawsuit

 

 

DUFURRENA INVOICING

 

During my investigation, the sound of bad invoicing rang out loud and clear from my interviewees. Each individual, separate and apart from each other, clearly outlined a business operation, i.e., Ed Dufurrena Cutting Horses invoicing that were so convoluted and filled with inaccuracies that Einstein couldn’t make heads or tails of them. However, one common denominator existed with all of the interviewees: inflated billing information. Another common denominator with the Dufurrena invoicing is that they were sporadically submitted, with some invoicing dates being monthly, quarterly, semi-annually, annually and even exceeding annually.

 

To further illustrate Ed Dufurrena’s invoicing dilemma, the Vogels claim that they have never received any portions of any earnings check from the Dufurrenas, not even any part of the NCHA Futurity earnings for Stevie Rey Von. Could the NCHA have some culpability by allowing these unorthodox business practices, especially, by a trainer who is entrusted with supposedly operating lawful business practices within the association.

 

Also, its been reported that the Dufurrenas issue “training credits” instead of cash to eliminate the necessity of issuing year-end IRS 1099s. Again, we all know how and why that one works. It eliminates 1099s from being in the IRS system for tax auditing purposes as well as bringing attention to a specific business entity.

 

For the record, the Vogel’s – as did the Minshalls – reached an out-of-court settlement with Dufurrena with the Vogel’s paying a sum total of $1,150,000for Stevie Rey von and two other horses and Dufurrena’s allegedly 51 percent interest in an unregistered Dufurrena Texas business entity – “Dos Cats Partners.”

 

Since the NCHA has aProfessional Trainers Standing Committee, with Morgan Cromer being the Chairman and Bret Davis the Vice Chairman, what has their role been in this fiasco? As I understand it, this group is suppose to make sure the trainers are treating the horses they have in training as well as their ownerscorrectly. Do they not have any authority? I haven’t heard a word out of them. Are they afraid of Dufurrena?

 

 

ED DUFURRENA VIOLATES SUSPENSION AT NCHA SUMMER SPECTACULAR

 

According to an article I’ve previously released on my site, Ed Dufurrena violated the provisions of his suspension by being in the practice pen that required the aid of law enforcement to remove him. According to the anonymous source letter, a written complaint was signed and submitted, by an NCHA member, who  adamantly opposed Dufurrena being in the NCHA practice pen.  However, the problem for the NCHA in this matter is multiple issues, e.g., Ed Dufurrena shouldn’t have been in the practice pen or on horseback for that matter, as NCHA rules of suspension say he is only “allowed to sit in the stands.” NCHA President-elect Ron Pietrafeso wrote on my Facebook page that Dufurrena wasn’t in violation of NCHA rules, when in fact and according to the filed and signed complaint he was, and now the NCHA is strapped with the arduous task of adding six months to Dufurrena’s suspension time for this act according to the NCHA rule book.

 

 

Now, my question is – “Exactly why is NCHA aiding Dufurrena to show horses and why are they protecting Shona?” My next question is – “Exactly why is the NCHA President Phil Rapp insulating Ed Dufurrena?”

 

Ladies and gentlemen, this is how you run valuable, investing members out of the horse business – which the NCHA just did – and keep the trainers who ran them out.

 

 

468 ad

14 Comments

  1. I have yet to figure out what is going on between the NCHA and the Dufurrenas.
    William

  2. I think you have the makings of a book. I hope someone from the NCHA steps up and explains why these decisions were made.
    Steve

  3. Has anyone filed a claim with the FTC (Federal Trade Commission)? In my opinion everyone involved with these type of fraud cases should file a claim. Enough complaints they will investigate these trainers and the NCHA. It is pretty sad this happens over and over.
    Mary

  4. Great article. It appears the NCHA doesn’t care what trainers do and this is not something new. I dropped out last year, my wife will not re-up this year and may others are following suit. It is sad to see what was a great organization going down hill. I’ve said this for many years and I will say it again: “NCHA has become an organization run by trainers, for trainers.” Thanks again Ms. Kurtz for keeping us informed. Keep up the good work. You are our voice.
    Henry

  5. Well, now I’m hearing there may be a lot more on this! the lawyers are salivating!!!
    Doug

  6. I’m probably met going to sleep very well after reading this. At the moment I’m so disgusted with the NCHA that I’m speechless. On the other hand, my wife is fighting mad. I mean mad with a vengeance! Expect a call to arms from her in the morning! Hell hath no fury like that unleaded Dolly when injustice has been done. Janie Vogel is a victim. Why is this probation suddenly being brought up now? Why wasn’t it mentioned in the NCHA’s statement about the Dufurrena’ suspension? It’s difficult to save a sinking ship when the Captain continually pulls the plug! Thanks for exposing this atrocity.
    Joe

  7. The main thing I see as “so wrong & unfair” is the damages done to the 2nd place and down the purse line competitors who were “robbed” of the title, the winnings and especially the incredible feeling of accomplishment when what should have been rightfully theirs was whisked away by cheating. Maybe there has been restitution to those people and I just didn’t hear of it???

    Shouldn’t the offender if “found guilty” be required to forfeit the “earnings”, the trophys and title, not the NCHA but to those next in line?!?!?! 2nd through pay got ripped off a bunch of money!!! Potentially changing their futures. There are a lot damages I don’t hear anyone talking about. Maybe someone else was riding a stallion who’s rightful earnings would have tipped the scale toward an unknown amount of breeding fees. It all certainly “boosted” Stevie’s stallion potential!!

    I remain anonymous because I don’t have personal knowledge of this or any case beyond your articles, and I don’t personally know these people. I have done no research of my own so I don’t authorize the use of my name, but encourage the use of my opinions! If we are to believe all this (which is indisputable public record) then I am SO surprised that no one else has brought up this point on a public forum. Why hasn’t there been anything heard from the folks who should have rightfully won these events?? You would think they would be asking for their rightful earnings. For their horses to be acknowledged for the wins. Maybe the NCHA plans to pay restitution to them with the fines paid??? If not, it should be!!!! Bet not though – bet NCHA makes profit off the situation.

    Just like when they charge $100 a day per stall at Ft. Worth. They gouge their members whenever possible. NCHA makes sure the entry fees for major events overlap prior events, so if you have a horse that isn’t making the grade or injures, you have “already” paid it into the next big event. Already done so due to the usury late fees!! No chance to assess your horse’s talent. A tactic that forces your hand to keep going. If this horse proves he isn’t that class of horse, you just loose the first payment into the next event.

    I believe NCHA has lost many members who feel taken advantage of. Of those who remain members, no one seems to be speaking out openly, (including myself ) which says a lot about the cutting community. I have some very good friends in prominent positions in the NCHA and like everyone else who has remained a member, I don’t want to risk those relationshionships. I have for the most part kept quiet. I figure if I see this going on, other members must also, therefore they must not care.

    But maybe some of my viewpoints will strike a cord with some members if this brings to light some points that would be interesting for you to research for future articles. I started showing cutting horses in the 90’s when rules seemed to be “stricktly” adhered to. I have never personally felt unfairly judged, and this letter isn’t about bitterness, it’s about the loss of an amazing sport. Sometimes the judge is wrong, which can either cost you a class or give you a gift. That’s just judging and we are all okay with that.

    When I first became aware of the “loose” rule disposition in the NCHA was when I noticed some pretty loose judging. Herd holders are meant to “hold the herd”, not turn back the cow to keep it from being assessed a back fence!!!! Today, herd holders “routinely” abruptly spur their hold horse up to stop an escaping cow pushing it back to the cutter. It is supposed to be the cutters job to show that “their” horse can control the cow.

    Cutting has become more of a “team” event, like penning, than what cutting used to be – “one” horse and rider doing the job of holding the cow. The only difference I see in “team” sorting or penning and cutting is the corral! The TEAM sorts & pens the cow. In cutting these days the TEAM holds the cow from the herd. That is why we now have so many close scores and so many (so called) great cuts!! NCHA and it’s cronies are okay with that – if you just miss a win by 1/2 pt. you are more likely to re-enter old dobbin in the next event. Good for NCHA and good for Trainers that members so willingly give their life savings too!!! Clever strategy!! It is an all play – all pay!!!!

    If a cutter had to go out and do the job as an individual as it used to be, you would see the difficulty and a truly “great” horse would stand out in the crowd. In today’s pen, you see cutters run “fence to fence” using the fence because they were unable to stop the cow and trap it in the middle. The “turn back” help is now allowed to stop the cow without the penalty assessed to “run content”! In the old days the cutter had to “head” that cow to stop it, trap it in the middle and quit when the cow quit – preferably controlled to stop in the middle!!

    Now the “herd holders” will stop the cow on the pretense that they are “bringing” the cow to the cutter – isn’t that the job of the turn back guys not the herd holders? Further, turn back was never intended to aid in controlling the cow, but to bump it to the cutter when the cow won’t move enough to show the cutting horse, or bring it back if it runs “up” the arena and won’t face the cutter. Job done correctly by the cutter, he would head that cow and draw it to the horse being shown, in the middle and quit there, in the middle, not on the run to the fence praying turn back or herd help will get to the fence first stopping the cow where the rider can pull off quick before it back fences!!!!!

    You almost never see a back fence on a score card anymore because the herd holders will “shoo” the cow before it gets to the fence or the herd. It’s just not the sport it used to be. Sad. But not sad for everyone. It’s economics – Trainers and NCHA are raking in the dough!!! You won’t get a trainer on this band wagon!!

    Close scoring has made it possible for “anyone” to hang out a shingle and keep your horse “on the bubble” in big events. It keeps the cash flowing and NCHA profits from all of it. Today’s Open riders show like non-pros, they get too much help!!!!! At the Open level, they should be able to hold a cow on their own. Yep, that limits the number of truly “great” runs, but that is the point of a 1/4 million dollar pay out!!!! It would also limit the owners who will keep paying on old dobbin because he is always “right there” knocking on the door to success. Hmm – Happy trainer gets more day money, Happy NCHA gets more entry money. Poor owner is on the last teet risking a kick in the teeth (financially)

    There are rules about excessive noise, visible cuing etc. but only for the cutter?? apparently the help can yell, wave arms, slap chaps and jump in front of the cow to aid in “holding” it?? I call that a team effort and at the very least, the degree of difficulty rule should be brought into the scoring if “everyone” in the arena is holding the cow!!!

    During the futurity 3 or 4 years ago, the herd holder went as far as to “slap” his chaps enough that his own horse was spooked by it & wouldn’t stand still!!!! That cutter WON the futurity and that was the last one I ever watched. I can’t even remember who it was, but go back 3-4 yrs if you are interested and watch just the winning runs in the open and you will find this run. The video on it focuses on this herd holder because the cow kept coming to his corner. Clearly the cutter was short on that side! It is blatant assisting in turning the cow. The help Hee Yaws the cow before it reaches the fence!! How is that a winner over horses who rightfully “held” the cow without an assist in doing so. Politics??? who knows?

    I didn’t have a horse in the open but it still bothered me! I brought it to the attn. of my trainer who is also one of the board of directors who told me if I didn’t like it, I just needed to “get better help” who would also assist me in turning the cow!!!! I was appalled and we sold our show horses.

    Any time you are in a judged event, it up for opinion and again I reiterate that I have NEVER felt unfairly judged, I love cutting and the industry has entertained me for many years. It is apparent to me however that over the years the climate has changed in the NCHA. It’s more about the “business”
    end than about the “sport”. Horses and owners have become disposable. More where the last one came from. Exceptional horses can’t distinguish themselves because all the runs look very much alike. Owners don’t know to quit a horse because his scores are always “right there” on the bubble – maybe he will do it next time! These are observations not complaints.

    The NCHA can run its assoc. any way the members see fit. Clearly it is about promotion and finance. The horses are just a tool, a means to a profitable end. They promote the horses and members they wish to promote and the rest of the membership pays the way for that because it is an exciting, addictive sport. The environment is fun and friendly and enjoyable – That is, until you reach the point where you wake up and realize that EVERYONE makes money except the owners!!! Unless you are blessed to be one of the few on the “promote” that horse or trainer list then you are up in the collar not in the wagon!!! Better get your purse out, your gonna need it!!!!! anonymous

  8. Right on! Keep on it! i’d like to see all your questions answered and the NCHA brought to task. Dufurrena’s, the entire, lying, cheating bunch of them should be rejected from any cutting horse event. And to fine/suspend the Vogels is the most ridiculous thing I’ve heard of so far out of the NCHA..
    Kathy

  9. I love reading your exposes’ Thank you for what you do in keeping is informed of the inner workings and underbelly of the NCHA aa well as protecting us, as consumers. Thank goodness at least someone is policing them since they can’t be trusted to police themselves. We deserve to know!
    Robert

  10. This is so wrong at every level!. The whole family and our President need to GO!!
    Charlene

  11. Yes, the ncha is at it again, know they are charging the box seat holders from last year $1890.00, to this year $5,000.00 dollars for same seats, they are really trying to stop all , they mess with paying members but with unlawful trainers they do nothing, We members should stand together and protests all this wrong doings,

  12. What in the world is wrong with NCHA? This so-called committee must have lost all reasoning and good decision-making abilities. Who are these people and does this committee even exist? Is this a committee of one?

    1) Ed Dufurrena should receive additional suspension for violating rules at Summer Spectacular.

    2) Shona Dufurrena should receive punishment for falsely advertising a stallion, for fraudulently registering horses with AQHA, for fraudulently entering horses at NCHA shows.

    3) The Vogels should NOT receive punishment for something Rieta Dufurrena should have known and for something her parents, specifically her mother (Shona) did by knowingly and willingly entering horses under fraudulent ownership in NCHA shows – particularly the 2015 Futurity.

    4) The Dufurrenas (Ed, Brandon, Rieta) should be made to forfeit ANY AND ALL earnings acquired during the time period these violations occurred – going back to the effective date of the ‘handwritten paper contract’ partnership of Dos Cats with the Vogels. You simply cannot hold the Vogels accountable for something Shona Dufurrena did when, in fact, they entrusted her to handle paperwork accurately. This is just all kinds of wrong and is an egregious injustice.

    5) Ban these people from ever being a part of NCHA again.

    There are some serious allegations made against the NCHA officers and management. Why are they protecting the crooks?

    Does a grievance have to be filed for everything? Doesn’t NCHA take leadership responsibility for appropriate action or do they have to wait for a grievance to be filed? Where is the leadership in this organization? Doesn’t anyone have the chutzpah to take care of matters and do the right thing?
    Larry

  13. What’s the answer?
    Do you have NCHA Bylaws?

    Mark

  14. Yes – and the Dufurrena’s all got 150 days???? So glad I don’t give my money or time to the NCHA anymore.
    Kim

Leave a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.