by Larry Augsbury, High Commissioner elect of the Clan Cunningham Society of America (CCSA) Greetings Cunninghams and friends! Being the chairman and chief executive officer, over the last eight years, of our all volunteer non-profit Clan Cunningham Society established in 1984, and working with our staff of exemplary CCSA Officers, is an honor and a privilege. But it has not been without its challenges. Part of my responsibility is to safeguard Clan Cunningham, its image, and its members, as well as the general Cunningham public from those who would tarnish the Clan Cunningham legacy through the mismanagement, neglect, and the pursuit of their self-serving interests. At CCSA we aspire to rise up to the esteemed legacy of Clan Cunningham. Some of the founders of a splinter group calling themselves Clan Cunningham USA(CCUSA), have tainted the Clan Cunningham image. Thus, it has become necessary to bring to light some of the behavior of their founding members, while they were officers of our Society, along with similar behavior that continues within their upstart group. I regret that it occupies such a prominent position on our web site, but the harm that has resulted from their conduct has misled unsuspecting Cunninghams in search of their heritage. You are hereby forewarned that this upstart splinter group does not represent Clan Cunningham - nor has it, nor its officers conducted Clan Cunningham affairs - with the proper dignity due the esteemed Clan Cunningham legacy. For our visitors who desire only a concise summary: in a couple sentences, the CCUSA splinter group was formed upon the failure and collusion of a few former CCSA officers who exploited our Cunningham society for years. Following the necessary removal from office of Jerry Lester and David Pickens by our Board of Directors - they continue their brand of friendly exploitation under the guise of their splinter group CCUSA. They would have folks believe that they were unjustly voted out of office, and that this exposé is merely  untruthful misstatements, so I include the facts below in more detail. Foremost among the harm and leadership deficiencies this CCUSA splinter group perpetrates upon Clan Cunningham include: Neglect and mistreatment of new members by Clan Cunningham tent host David Pickens. Pickens' & Lester's mismanagement of treasury funds for years. Theft and cover-up of Clan Cunningham Society of America property; and violation of our Articles of Incorporation by Pickens, Lester, and Dentist William A. David Pickens' removal from two separate CCSA offices for nonperformance and finally his expulsion from membership in CCSA by resolution of the Board of Directors (a year after he formed the CCUSA splinter group.) It is very important that people like yourself who are searching for their Cuningham roots, know there is a DISTINCT difference between CCSA and the splinter group CCUSA. If we forget the past, it is destined to repeat itself. Allowing the same behavior to continue (under a different name), but expecting different results, is folly. Following below, with bullets, we share some of the messages we have received during the last year that illuminate why David Pickens and the splinter group CCUSA are unfit to represent the name Cunningham: On 09-MAR-09 CCSA received the following message of support: " Larry, I just thought you should know that we support you, CCSA, and your upstanding efforts to ensure integrity of the Clan Cunningham Society, while "taking the high road" in efforts to inform the public of the disastrous consequences of associating with other groups purportedly also representing the Cunningham name. Your actions, efforts, and direction in leading the CCSA are noted and appreciated. Mrs. Cunningham" On March 3 & 4, 2009, the following email excerpts reveal the roundabout manner in which our newest member from Scotland had to discover the history of the CCUSA splinter group, and about its break with CCSA, who has long provided evidence of the exploitation of Cunninghams by Mr. Pickens and his associates of CCUSA for many years at both societies. These excerpts below illustrate our Scottish member's experience & dissatisfaction with the actions, and inactions, of Mr. Pickens and his CCUSA group, who solicited a charitable donation from him in 2007, subsequently slighted him - and now in 2009, after Pickens learned of our member's dissatisfaction with the treatment he received from CCUSA - and also learned of our Scottish member's recent membership in our long-standing society - Pickens insults him, accusing him of being untruthful and labeling him as a pawn, in the false defense of Pickens' own shortcomings. And thus, yet another sully on the Clan Cunningham image perpetrated by CCUSA. And yet another example of why - with good reason - Mr. Pickens is no longer a representative of our society, and why he and his splinter group remain unsuited to represent Cunninghams, especially in Scotland. "Hi David, ...as a Scot it hurts me that my clan is not being represented at the gathering by the long established Clan Society. My clan instinct of sticking together causes me to side with the established society, it is not a matter of believing or disbelieving what has been written about you. As I see it your actions in setting up a rival society seeks to tear the clan apart. I can assure you that from my point of view in Scotland I would dearly like to see the two societies coming together again some day, preferably before the gathering. I do however begin to have my own suspicions that some of what has been said about you might just be true, when I never received an acknowledgement of my donation to the Glencairn Aisle project nor was I ever able to find out what became of the money which people donated to the project. I am naturally curious since the company listed on your website as having been contacted to carry out the restoration work does not list this among their commissions, nor is there any mention of the project among St. Maur's church information which I have been able to find on the web. You solicited money through your own web site and I think the people who donated money, including myself, ought to be entitled to a financial statement showing how the money was used." Previous to the above March 4 excerpt, came yet another email apology from Mr. Pickens, this one on 03-MAR-09 regarding his slight and the aspersion cast against our newest member's integrity which was once again - too little, too late, too familiar, inadequate, and has in the past been followed-up by his vengeful retribution. The gracious reply our Scottish member sent to Pickens' apology follows with: "Hi David, Thanks for that. Sorry if my earlier mail appeared unduly bitter and uncompromising but the reality of the matter is that, from my perspective as a native Scot, one of the most heinous things is the formation of a breakaway group from the established clan society, so we will just have to agree to differ." Earlier that morning, our member wrote to advise of email contact initiated from Mr. Pickens: "Hi Larry, Pickens has e-mailed me overnight. I will be going nowehere near Pickens' tent as I feel very strongly that his group should not be coming to my home country and purporting to represent my family at the gathering. This is a job which the established Clan Society should be chosen to do. I will be at the games on the Sunday and will proudly wear my Cunningham kilt." If you have been mistreated by Mr. Pickens or his splinter group in the past, or feel likewise, and wish the organisers of the Scotland Gathering 2009 to hear your voice, you can contact their co-directors Lord Sempill and Lucy-Rose Walker or The Standing Council of Scottish Chiefs. In response to the asperity in Pickens' message (posted 2nd message below), our Scottish member responded on 03-MAR-09: "Hello David, Well all I can say is if you don't want to fan the flames why are you writing to me in these terms. I was initially minded to join your organisation at the time of my visit to Glencairn Aisle and sent your organisation a paypal payment of $25 on 12th November 2007 by way of a donation to the Glencairn Aisle project. The payment went through my paypal account as paid to ClanCunninghamUSA, but I never received the courtesy of an acknowledgement, nor have I ever heard anything further of this project. By apparent co-incidence you started to correspond with me a few months after that ... and hinted that you may want to meet me at the Gathering. I e-mailed you again around Christmas about this so that I could make my own plans, and obtain a pass for the Parade and Pageant if I needed to do so, then I sent you a recent reminder. You had made no contact with me as to whether I needed to buy a pass independently until within the past few days by which time the selection is limited yet you had gone ahead in the meantime and secured passes for a select few. I then started googling for Clan Cunningham and Glencairn Aisle Project and my suspicions were aroused. In the meantime I had joined Clan Cunningham Society of America and been disappointed to learn that I will not be able to meet other members at this so-called gathering of the clans. As you say there is nothing in Scots law to prevent a breakaway group setting itself up in the same clan name, but I feel that the organisers of the gathering have screwed up badly in selecting a new breakaway group to represent the clan rather than the long established one. If this is how they have treated other clans then it makes a complete mockery of the idea of a clan gathering. I cannot stop you coming to Scotland and purporting to represent my family but I will not make you welcome either. As I have already arranged to meet people ... at the gathering I shall attend the Games on the Sunday but I have no plans to visit your tent. It is very sad that you should seek to undermine an established clan society which seeks to represent Cunninghams throughout the world and to establish a genealogy base. ...yet you have the audacity to plan to come to Edinburgh and purport to represent my family name. Yours, a proud and loyal Cunningham (Mr.) Cunningham" Mr. Pickens' initial message: "Good evening (Mr. Cunningham), I now see on the CCSA site that you have emailed Mr. Augsbury and have accused me of not replying to you promptly which could not be further from the truth – and you know that, I am just surprised at your comments as I thought (and still hope) we have a relationship. I have replied to every email you sent promptly ... I will close by saying that if you prefer me not to contact you in the future, I will honor you wishes. And I can assure you that you will not be used as a pawn on the CCUSA website as your statements have been on the CCSA site. Sincerely, David Pickens" Pickens obviously disapproves of my decision to publish the views of our members who wish to be treated with respect, integrity, and with a committment to excellence. And, he labels them as pawn. By contrast, would Pickens offer those who suffer his CCUSA mediocrity, excuses, and exploitation the indignant label of a rook perhaps? How hauntingly familiar are Mr. Pickens' excuses  (Pickens writes to this same member on 1-MAR-09 "I have been under the weather with an awful cold." One of his favorite excuses as former CCSA newsletter editor was 'my hard drive crashed' which was used so many times it earned him the nickname "Evil Knievil"). How familiar is his denial, and the duplicity in defense of his well documented shortcomings as a Clan Cunningham officer and representative - not to mention a leader. One reason I would still attend the Edinburgh gathering would be to seek satisfaction, man-to-man, for Clan Cunningham from Pickens in a modern-day "affair of honor" since his methods of exploitation, fleeing, cover-up, and denial  have all tainted our clan's image. But I have extended that gracious invitation before. However, Pickens, has always preferred to lurk behind the safety of women's skirts who have done his bidding, like Carole Bishop and C. Stevens. Unlike Sir George Munro  (who was a lieutenant of General Middleton the new commander of King Charles II's forces)  who in 1654 insulted Glencairn's  (Clan Chief William Cunningham, 9th Earl of Glencairn [and later Lord Chancellor of Scotland for life])  forces, which resulted in an affair of honor being settled the next morning. Sir George was almost blinded by a gash on his forehead and would have been killed if the affair had not been stopped to save him. At least Sir George Munro spoke for himself, backed up his words, faced the consequences of his actions, and was no coward. We can learn much about honor, loyalty, consequences and accountability from our Clan Cunningham heritage. All characteristics which are conspicuously absent in Mr. Pickens and his splinter group. [High Commissioner's commentary 6/25/09: I have been reminded, through a circuitous method from an anonymous sender, that duels, or "challenges," are nowadays illegal. Imagine if you can David Pickens-Knight of the Crooked Branch with squire C-Section Northeast opposite CCSA's Knight of the Quixotic Virtue with second Sancho Panza settling a matter of honor face-to-face! I suggest, this anonymous person, should instead focus on the fact that theft, fraud, and the violation of corporate Articles of Incorporation are more serious crimes which are also illegal, insult our legacy, but are rarely enforced by our ineffective modern-day justice system. I do hope, however, that a gracious "invitation" to settle matters man-to-man in an honorable manner would not offend the tender sensibilities of some of our visitors. But alas, honor and probity, nowadays are out-of-fashion. Instead the cowardly characteristics of Pickens' egocentrism, deceit, corruption, and exploitation are the insult, along with all the blogs and links of C. Stevens which infect the internet, that cast a pall of embarassment and disgrace - both on the internet, and the gathering in Edinburgh - over the honorable Cunningham legacy.]     On 01-MAR-09 our newest Cunningham member in Scotland wrote: "Hi Larry, Many thanks for your prompt and efficient reply. I hope I will be able to help strengthen the society here in Scotland. I have a piece about Clan Cunningham on the web. I was contracted by a Mr. David Pickens who told me that my information was incorrect. He was going to get back to me about the Scottish Gathering but he never did so. Reading your website, I now discover that this is par for the course with him and that he has no authority to represent our clan. I will probably still go to the games in Edinburgh on the Sunday of the Gathering but will not take part in the Saturday pageant if Clan Cunningham Society of America is not going to be present, which is the recognised organisation for our clan over here in Scotland. I would be delighted to add any relevant information, to help other members trace their ancestry, and to play an active part in the Society." It is comforting to know that the truth is coming to light, and circulating in Scotland, about this CCUSA stain upon Clan Cunningham. Rest assured that the Clan Cunningham Society of America is here for all Cunninghams, their descendants, and the general public with an interest in the preservation and dissemination of the honorable Clan Cunningham heritage. On 23-NOV-08 we received this excerpt below in a message from one of our Cunningham friends from Ireland offering their services and participation during our Ireland Tour: "I was amused by the account of your clan feud with CCUSA! These people, in the person of xxx (or somesuch) have contacted me several times trying to get me to team up with them. I couldn't get rid of the feeling that I wanted nothing to do with them. Seems that I might have been right. Trust your instincts!! Cheers" Well folks, you don't have to trust your instincts alone. Read on, if you please, and judge for yourself. A recently received barrage of email messages concerning CCSA's ongoing effort to warn Cunninghams about the splinter group came to CCSA on Oct 21, 2008 from a former officer of CCSA, a Rev. James D. Cunningham, who was the National Secretary for a brief six month stint in 1999. He resigned in June of that year over his failure to work amicably with our very capable High Commissioner at that time, William D. Cunningham. Immediately following his resignation, the first divisive Clan Cunningham club was formed by the original splinter group made up of Rev. James D. as its self-appointed High Commissioner, in collusion with the reigning CCSA National Historian and Director at that time, and former High Commissioner, dentist William A. Cunningham II, as its first founding member from Pittsfield, Maine. This club, going by the acronym CCI, was an evident failure from the start; with a subsequent splinter group, CCUSA, being the second divisive upstart splinter group the dentist has been involved in forming. Maybe this dentist's constant exposure to the decay of teeth has induced him to pursue the decay of Clan Cunningham unity through his splinter groups. Perhaps he just envies our convenor's success. Or maybe he just enjoys the role of recruiter for front-men for his divisive splinter clubs like David Pickens and Rev. James D. Cunningham, and his role with its legacy as the bane of Clan Cunningham unity. In any case, within the first three messages from Rev. James D. was included the following threat leveled at our High Commissioner: "You started this war, sir, and I'm going to end it for you." Do these sound like the pious words of a reverent man of God, or arrogant and impotent words of a disgruntled acolyte of the devil? It does cause one to wonder from where Rev. James D. acquired his title. Let's hope it was from an ecclesiastically accredited institution and not the internet! And, to what flock would a reverend tend, with such a temperment? Is he an ordained Minister, or a  religious extremist invoking a holy war? Will he plan to detonate a car bomb in my driveway? Hopefully he doesn't lead another Branch Davidian-like sect! Freshman, discordant and disgruntled officers who resign to form a splinter club because their ideas were rejected by experienced governing board members are not leaders, they are divisive, misguided and self-absorbed quitters on a foolish path toward reckless failure. Rev. James' prosaic ideas to solicit memberships from telephone book databases, and to peddle Clan Cunningham trading cards at festivals, were neither requisite, legitimate, nor acceptable credentials upon which the leadership of a clan society, let alone a splinter club claiming to represent the distinguished Glencairn line of Clan Cunningham Chiefs, should be based. This reverend's past actions involving Clan Cunningham while a resident of Florida in 1999 along with the current behavior of Rev. James David Cunningham speaks poorly for the judgement of someone bearing the title of a reverend, and especially does not speak well, in fact illuminates why he is unfit as any self-proclaimed or splinter group representative of the esteemed Cunningham Clan! Neither, did the Chiefs of Clan Cunningham, nor does CCSA, respond well to threats, even from those bearing the name of Cunningham with a titular appelation. My fellow Cunninghams. Don't take the chance of being the victim of the next threat or scam from anyone associated with these bogus CCI and CCUSA splinter groups co-founded with the participation of the dentist William A. Please heed this warning and learn from the past as CCSA has. CCSA was also recently contacted on 31 May, 2008 by the webmaster of a prominent Scottish web site with Clan Cunningham connections asking to swap links. We had 3 links up on our sites within 24 hours, and responded to the webmaster that their site was excellent except for the mention of Pickens and a link to CCUSA, which we would overlook. Their response was very gratifying, which was that after researching our comment, the Scottish site removed Mr. Pickens' comments, and the link to his splinter group site. Turns out that the web master had requested 3 separate times that the splinter group update a link on their site - which were all ignored. Some things never change. It pains me to publicize the damage to the Clan Cunningham name and image these people inflict in their wake, even moreso that it does to endure them. The core purpose of the Clan Cunningham Society of America is to celebrate and propagate those characteristics that make us proud to be of Scottish Cunningham descent. Anything less, would not do justice to the legacy left by our distinguished ancestors if we are to adequately represent and pass along the esteemed Cunningham history that was forged over the centuries through their efforts and sacrifice. We at CCSA do not consider ourselves entitled to the Cunningham legacy solely through a coincidence of birth. We consider it a privilege to serve, uphold and represent our Cunningham heritage which we earn through the ongoing and upstanding actions of our society, its officers, and our members. At CCSA, service, integrity and honor are core values of our Clan Cunningham society, not sound bites. Conversely, CCUSA was founded by those who failed our members, our society, and the Clan Cunningham legacy. Ironically, CCUSA was formed to enable these tired and phlegmatic folks to continue hosting Clan Cunningham hospitality tents at their leisure, to the continued discredit of the Clan they purport to represent. If you wish to celebrate the Clan Cunningham heritage, and the characteristics that made Scotland, its people, their contributions to world civilization, and its Cunningham descendants proud to be of Scottish descent, then we welcome you to join our society and support us in our ongoing mission since 1984, while discovering that Clan Cunningham heritage, passing it on, and having loads of fun doing so. But, if you wish to merely dress up in costume and march in parades solely for your self gratification, there is an upstart splinter group, CCUSA, established for that pursuit. We have welcomed former CCUSA members/officers/directors who have left that group, and always will. But, CCSA is not associated in any way with CCUSA. Nor will CCSA ever acknowledge or associate itself with that group, or what they stand for, whose lack of probity defile the image of Clan Cunningham, and the core purpose of our Clan Cunningham society. Why the splinter group, CCUSA, is unfit to represent Clan Cunningham I was saddened to learn of the awful impression of Clan Cunningham described to me in an email from an unsuspecting former new member and director on the board of that splinter group CCUSA (recently recruited at a Scottish festival) who was so repulsed by that group that he contacted us asking if we were an alternative to CCUSA. When he discovered the history of CCUSA and their founders, this person subsequently resigned from their board, cancelled their membership with the splinter group, and has been a current member of CCSA for three consecutive years. This group have presented our distinguished Scottish Clan in a poor light for many years with their pervasive neglect and mismanagement, while benefiting personally from the proceeds of our membership's dues before they were finally held accountable to perform the responsibilities of their Clan Cunningham offices, in response to which, rather than choose the upstanding and honorable course of action, instead they resigned their offices, to seek an alternate and easier means to attain their motives, to form their divisive splinter group, to abscond with our property and collude to conceal it, to continue shirking service to Clan Cunningham, and attempt to cover-up their misdeeds behind the facade of their splinter group's web site. The following are just a few brief examples among many more which illustrate their self-serving conduct and corruption to the detriment of the esteemed reputation of Clan Cunningham: David Pickens, the splinter group leader, was relieved of his CCSA duties as Newsletter Publisher on March 16, 2001 after years of neglect in that office. To illuminate: from our Genealogist John H. J. Cunningham on February 17, 2001 who wrote: "Is David Pickens still the editor of our newsletter? If so, why does he not respond to emails? For two newsletter cycles he has neither responded, nor has he printed what I have sent him. Perhaps I can send something to you and you can get David to publish it." Furthermore, in response to my query as the recently elected High Commissioner in March 2001 on the progress of the newsletter due to have been published by the previous January 15, true to form Pickens replied simply, "Let's skip it." Pickens was also removed from the Deputy Southern Regional Commissioner office by unanimous vote by resolution of the Board of Directors on April 26, 2002 for negligence and conduct detrimental to the Society. One of Mr Pickens' favorite misstatements is that he formed CCUSA because he had no choice after being thrown out of CCSA. Pickens was, however, not expelled from membership, only removed from office - and for good reason. In fact, according to the Tennessee Secretaty of State web site, Pickens registered CCUSA as a nonprofit business on May 10, 2002 as its agent. He was not however expelled from membership in CCSA by unanimous vote of all five Board of Directors until a year later, during a board meeting on April 9, 2003 after it was discovered in our archives and bank records that he had misled the board and colluded to steal CCSA property. This man and his splinter group are unfit to represent the dignity of the distingished Glencairn line of Clan Cunningham Chiefs. On September 29, 2004, Mr Pickens stated in an email to me "I don't want to be an officer, all I ever wanted was to be able to sponsor clan tents. You know that!" Yes, and his record as a former CCSA officer clearly proved that beyond any doubt. For years his minimal efforts as the newsletter editor reflected poorly on CCSA. {Since his removal, for 8 years, CCSA has faithfully published 32 consecutive newsletters on time.} Pickens' minimal efforts to properly represent Clan Cunningham as a tent host were another embasassment to our society. One prominent example was the mishandling of the new membership application of George McLouth whose application and money was taken by Mr. Pickens at our Clan sponsored tent at the Stone Mountain Games on October 21, 2000. (Several weeks after the festival, George contacted me inquiring why his new membership had not yet been processed. After Pickens neglected to respond to any of our officers' emails and voice messages for many weeks, I had to finally ask Mr. McLouth to download another membership form from our web site newly launched at http://www.geocities.com/clancunninghamusa/, complete it again, and fax it to me on December 11, 2000 so that I could process his membership - on the faith of George's word without membership payment - because David Pickens neglected to submit either, nor would he respond to his CCSA email or phone messages for months.) Nevertheless, Pickens submitted expenses which were reimbursed, for many years, to attend honored banquets, and gain admission to festivals and games, etc... to represent Clan Cunningham, all at the expense of our dues paying members.    Furthermore, Pickens either mishandled payments for deposit, or failed to pass them along to our treasurer, for stretches of up to seven consecutive years (this egregiously mishandled example of checks never deposited until I discovered them in the files after assuming the High Commissioner's office). Meanwhile, Pickens brandished his CCSA titles, though he neglected the duties of those offices, and yet refused to resign, thereby allowing someone able & willing to serve Clan Cunningham the opportunity to do so, while the society lapsed under the torpid administration of CCSA High Commissioner, Jerry Lester, into the state which Mr. Lester himself described as "the edge of collapse." And then there's Mr. C. Stevens who has no first hand knowledge of the history of Pickens, or Lester, or the forming of the splinter group. His insinuations on his blog that Larry insulted Lord Sempill was an attempt to discredit our High Commissioner. The Gathering 2009 to which he referred is a commercial venture. Lord Sempill wrote to Larry that they "have little choice but to accept the application of Clan Cunningham USA, who are prepared to share the Cunningham tent with all Cunninghams regardless of their affiliation." We have always welcomed every Cunningham into our society, including many Cunninghams who had joined their society by mistake, or were dissatisfied, which even includes their former splinter group officers and directors! The only person we have ever rejected was Mr. C. Stevens who was an officer and Director of the splinter group at the time.      A note of caution is apropos here! Beware of the CCUSA splinter group gathering tour, and their tour provider, McLean Scotland, advertised on their site. "beware you don't go for wool and return shorn!" Both of these unscrupulous entities have fleeced Cunningham's in the past: the splinter group for many years as inadequate former officers of CCSA, and McLean Scotland who failed to perform what proved to be their grossly exaggerated tour services for the CCSA 2004 tour, but refused to return the $5,000 deposit after Paul Mclean's inadequately prepared tour had to be canceled.      Back to C. Stevens, some months back, I had the displeasure of visiting his blog for the first and last time which has richly earned him the following long overdue comeuppance. I'm sad to see that he is every bit as mendacious as Pickens and Lester. As one example, I tested his math. Instead of his blog's claim that "over 60%" of the CCUSA Directors listed on their web site were new, and not former officers of CCSA, in fact only 30% of their listed directors were not part of the splinter group; and only 27% of the officers listed were not part of the splinter group. It seems Stevens much like Pickens and Lester, has a ready lie or excuse for all occassions. Nevertheless, an impotent list of names for appearances sake neither impresses nor fools anyone for long. It deceived nobody when they used it for many years at CCSA, and was exposed again at CCUSA publicly in this exposé on 5/31/08 as no more than an ineffectual and meaningless list of names, as pointed-out earlier. What a pity that Stevens, whose comportment bears no resemblance to any Clan Cunningham leaders of its distinguished past, presumes to represent our esteemed ancestors. His Cunningham gene is obviously recessive. One can imagine him back in the Clan Cunningham glory days casting such aspersions as only a waddling town cryer, or cannon fodder. It is tragic to imagine anyone standing before the granite monument in Edinburgh to our last Clan Chief and think that they might mistake Stevens, Pickens, Lester and their splinter group CCUSA as having had any part whatsoever in it's existence, and even worse, for anyone to mistakenly suppose that they are the best Clan Cunningham can produce as representatives of such a legacy. Like recently and unanimously impeached Illinois Governor Blagojevich for corruption, Jerry Lester, listed on the CCUSA site as a director and their parliamentarian, was removed in disgrace from CCSA office as the High Commissioner by unanimous vote on December 13, 1998 by resolution of the CCSA Board of Directors for years of egregious neglect of office. Thus, the stain of his disservice as an executive officer was removed from CCSA, but remains on the splinter group who values a list of impotent names above service. Lester still refuses, with Picken's support, to return CCSA property against the demand of the CCSA Board of Directors. The Board of Director's unanimous votes for Lester's impeachment in 1998 tallied as follows:        * William D. Cunningham - Aye        * Dentist William A. Cunningham - Aye        * Thomas C. Behrens - Aye         * Frederick Miller - Aye        * John H. J. Cunningham - Aye        * Rev. James D. Cunningham - Aye        * Jon Czarowitz - Aye Jerry Lester in colusion with David Pickens and Dentist William A. Cunningham absconded with our property in 2002, a trailer purchased by CCSA with CCSA funds, for the use of its Western Region, in direct violation of the Provisions of the CCSA Articles of Incorporation filed in June of 1985 with the State of Maine which state "No part of the net earnings of the corporation shall inure to the benefit of, or be distributed to its members, trustees, officers or other private persons" This unauthorized conversion of CCSA's property to Mr. Lester, may just be a criminal or civil offense in Maine such as conspiracy to defraud, or corporate fraud, with legal consequences there. The theft of the trailer also contradicts William A. Cunningham of Maine's, High Commissioner message published and distributed to all members in October 1993 which stated "The Board of Directors voted to purchase the Clan Tent/Trailer in order to keep it for the use of the Western Region (of CCSA)." Furthermore in a Nevada lawsuit filed by CCSA against CCUSA and Jerry Lester of North Las Vegas in 2006, William A. Cunningham's version of the trailer agreement he conveyed to the CCSA membership in 1993 was in complete contradiction to the evidence he gave in 2006 in Small Claims Court that: "This trailer was never considered CCSA property." That evidence is not only the opposite of what he told members, in writing, back in 1993, but it violates CCSA's Articles of Incorporation, i.e. to use the net earnings of CCSA's treasury to purchase an asset to inure to the personal benefit of Mr. Lester. CCSA is not deterred by a Small Claims Court ruling at which dubious evidence from Pickens and the dentist was admitted, where possession is often 9/10ths of the law, and where the court is most often biased toward the local resident. CCSA may take our grievance to a higher court in Maine. In March 2002, Beverly Lueke and Margie Cheatham were noncurrent members of our Clan Cunningham society, CCSA. (They were also founding members of the splinter group and are currently listed as its Webmaster and Secretary/Treasurer respectively.) (Ms. Lueke had previously occupied the title of Deputy High Commissioner with CCSA in 2000 and 2001.) In 2002, they had submitted a clan sponsorship application to our Treasurer for reimbursement for the Loch Norman Scottish festival in North Carolina. CCSA paid $172.00 from membership dues for Ms. Lueke and Ms. Cheatham to represent CCSA as hospitality tent hosts. Our Secretary subsequently informed me that neither women were current dues paying members. I requested that our Southern Regional Commissioner, Jon Czarowitz, remind them that their membership's had lapsed, which he did. Nevertheless, they refused to renew their memberships. Just prior to the festival, and only after I reminded them that only current members were extended the priviledge of representing Clan Cunningham, and that under the circumstances, I would be forced to withdraw the funding, did they renew their memberships. (Ms. Cheatham had not been a supporting member of CCSA for two years.) These women were unwilling to pay their membership dues to support Clan Cunningham, by which means we are able to fund Clan Cunningham festival expenses, but they were readily willing to allow our other current members to provide them with title, prestige and funding for their own personal benefit (As all of us who host Clan Cunningham hospitality tents know, it is a vastly satisfying, rewarding and entertaining experience). This splinter group attitude of give-and-take (let our sustaining members give, as the splinter group take all they can get at our dues-paying members expense) was consistent and systemic among these splinter group founders during all the years I worked together with them as Deputy High Commissioner, Secretary, Newsletter Editor, Treasurer and High Commissioner of CCSA. More of the details and actual evidence of why the splinter group is unfit to represent Clan Cunningham follows. Why are there two different Cunningham society sites on the internet? A small group of former officers of the Clan Cunningham Society of America (CCSA) formed a splinter group in 2002 which they call Clan Cunningham USA (CCUSA). More (for we spare you all of the distastefull details) of the supporting facts for this follow. You are urged to note the confusing similarity between the CCSA and CCUSA acronyms. (The URL {or web site address} to our CCSA original web site since 1999 has always been Clancunninghamusa, of which they were well aware when they chose the name for their faction.) This splinter group, however, is in no way affiliated with the Clan Cuningham Society of America. They, along with the choice of their name have created some confusion among Cunninghams seeking a connection to the Cunningham name through their genealogy, and those with a curiosity about its distinguished history. Why and how did this schism come about? It is our rightful duty to Clan Cunningham to inform the public of the facts behind their departure so as to dispell the confusion caused by this group and by their web site. Rest assured that the well established Clan Cunningham Society of America has not, and shall not, lose sight of our purpose to preserve and protect our heritage and celebrate it with our fellow Cunningham members. Below are the circumstances that transpired within CCSA leading to their departure. Cunninghams who have been duped by them at festivals, of from the internet, have brought this matter to CCSA's attention, prompting the need for this exposé and clarification on behalf of the Cunningham Clan. The Clan Cunningham Society of America (CCSA) - Background  CCSA was formed in 1984 after our Convenor, Deborah Cunningham Greene, sought the advice of the Lord Lyon King of Arms in Scotland in regards to the creation of a Clan Cunningham society, whose office advised her to proceed, and to conduct CCSA's affairs in a manner in which our Clan Chief would approve. During the formative years of the 1980s, Deborah performed the administrative duties of Secretary, Treasurer, and Newsletter Publisher. It was during those years that dentist William Andrew Cunningham II (William A.) of Pittsfield, Maine, who served as historian, assisted Deborah; while others like David Morris Pickens of Knoxville, TN and Jerry Dean Lester of North Las Vegas, NV joined CCSA and served as regional and State commissioners. In 1990 CCSA reorganized its administrative offices. William A. became High Commissioner and Deborah remained Secretary until the Spring of 1991, when her service as an administrator and director drew to a close, although she remains an honorary lifetime member. From 1990 through the summer of 1994, William A. served as High Commissioner (HC), with David Pickens, and Jerry Lester, among others, serving as administrative officers and directors on its governing board.  From 1994 through 1998, with Jerry Lester as the successive High Commissioner, and William A. and David Pickens still serving as directors, CCSA experienced a sustained period of administrative neglect and subsequent decline, until the Board of Directors in December 1998 took action. Jerry Lester was removed from office as the High Commissioner (but remained on the board as the Western Regional Commissioner), William D. Cunningham (William D.) - Director, and Northern Regional Commissioner - was elected High Commissioner, and Rev. James D. Cunningham (James D.) became Secretary. CCSA rebounded for six months when James D. abruptly resigned in June 1999 stemming from the discord of a strained working relationship with High Commissioner William D.. Earlier that year in February 1999, High Commissioner William D. appointed Larry Augsbury as Deputy High Commissioner. Following James D's resignation, the High Commissioner asked Larry to serve as Secretary, which he did, to which office he was subsequently elected by the Board that same year. In the Summer of 2000, dentist William A. of Maine resigned from the Board and the office of Historian, and William D. announced his resignation as High Commissioner to be effective at the end of his term ending in December 2001, or sooner if and when CCSA could find a replacement. Administrative neglect by the long-time directors soon returned until Director and Genealogist, John H. J. Cunningham, called for leadership and an end to the indifference. With no long-time Directors stepping forward, in February 2001, the Board of Directors elected Larry Augsbury as High Commissioner (HC), and in September 2001, at our Triennial General Membership Meeting (TGM), the CCSA membership reaffirmed the Board by electing Larry to the office of High Commissioner, as well as to the vacant offices of Secretary, Treasurer, and Newsletter Publisher; functions which he continues to perform today.   With the glaring need to stimulate activity evident, Larry brought accountability to CCSA's administrative positions with the 2001 change in leadership. All directors were asked to reevaluate their availability and willingness to actively serve CCSA and its members, with the full knowledge that offices in CCSA would now be filled and maintained based on performance and merit, no longer serving as merely ceremonial titles. In order to reinforce the new active admistrative philosophy, the following Oath of Office was instituted: I agree to abide by and enforce the CCSA bylaws, and affirm my committment to carry out, in good faith, the duties of my office in a timely and responsive mannner. No officer took advantage of the opportunity to step down from office; with all officers, including Larry, taking the new oath of office. Larry facilitated a Strategic Planning Retreat for the Board at the September 2001 TGM, with the Board subsequently approving the Strategic Plan early in 2002. But also, early in 2002, signs of dissension and fractionalization came to light. It likely began, following the 2001 leadership change, after David Pickens was relieved of his Newsletter Publisher responsibilities in April of that year, by the High Commissioner Larry Augsbury, for consistent failure to perform the timely responsibilities required of that office, from which David subsequently resigned. (It is noteworthy to point out that over the next seven + years, 30 timely newsletters have been faithfully published, and CCSA has earned revenue from both American and Scottish merchants who purchase advertising in our international newsletter.) David Pickens later that year solicited the Board of Directors (not of his own accord but through the representation of Director Carole Bishop) with the desire to reclaim a seat on the board through the vacant office of Deputy Southern Regional Commissioner, to which the Board elected him in 2001.  Shortly thereafter, a member from the southern region forwarded to our High Commissioner several email messages from Southern Regional Commissioner, Jon Czarowitz, distributed to members in the southern region revealing dissentious and schismatic language as shown in the following excerpts: From: Jon Czarowitz - To: members of the southern region - Date: 23 APR 2002 "I don't have the personal organization skills necessary to form an organization or I would have followed up on a suggestion years ago to start a new group." From: Jon Czarowitz - To: members of the southern region - Date: 25 APR 2002 "I have thought about leaving CCSA many times before and joining another group or forming one..." From: Jon Czarowitz - To: members of the southern region - Date: 26 APR 2002 "Nothing else you send me will be forwarded to (the High Commissioner) except this." From: Jon Czarowitz - To: CCSA High Commissioner - Date: 28 APR 2002 "I was a member before you in CCSA and seen a lot more of the type of treacherous behavior than you can imagine." Meanwhile, board members David Pickens and Jon Czarowitz purportedly wrote a southern regional newsletter in early 2002, and requested the most recent membership list. In response, our High Commissioner requested a copy of the newsletter for review, which both officers failed to supply. Furthermore, during this same time, David Pickens distributed an email message to our newly elected High Commissioner, informing him that he had been in touch with dentist William A. (no longer an officer or director of CCSA) and another southern member who together had unilaterally decided to update CCSA's travel book publication. Pickens also attempted to instruct our Genealogy Officer on her responsibilities. These actions were far beyond the scope of Pickens' very limited authority as a deputy regional commissioner, and the HC pointed out to the Board that neither David Pickens, nor dentist William A. as a former officer, possessed any authority to make administrative decisions effecting the Society's publications or genealogical data, nor did they speak for the Board of Directors or CCSA. David Pickens subsequently responded to this - and our Genealogist, John H. J. Cunningham's call for new leadership which resulted in our newly elected High Commissioner, Larry Augsbury, by the Board of Directors - in the following manner: FROM: David Pickens TO:      CCSA Board of Directors DATE:  April 18, 2002 "Dear Larry and the Board, I would like to make a public apology to you and the board... Please forgive my actions. If you want my resignation, please make it public and I will comply. David Pickens" FROM: David Pickens TO:      CCSA Board of Directors DATE:  April 22, 2002 "I wish to call a special meeting of the Board of Directors for the specific reason to have a vote to remove Larry Augsbury from all the offices he now holds in Clan Cunningham Society of America. I believe this requires a second before the meeting can be started. David Pickens" Obviously his effort failed. Pickens, as a former CCSA Secretary(I'm ashamed to say), should have been familiar enough with CCSA's bylaws to known that there has never been a provision in our bylaws which allows a deputy regional commissioner the authority to call a special meeting of the CCSA Board of Directors, let alone that such a wish could require a second before a meeting was even called to order! And thus, David Pickens, oblivious to CCSA's bylaws and it's parliamentary procedure, as well as its articles of incorporation, did not succeed in continuing to shirk his duties, nor circumvent accountability as he had for so many years; especially those painful years under Jerry Lester's lack of leadership. Things were finally changing for the better within the Clan Cunningham Society of America. During this same period, the HC had requested some specific administrative tasks be performed by Western Regional Commissioner Jerry Lester. After failing to previously perform any of his Strategic Plan tasks, combined with his persistent failure over many years to conduct any of the Society's or Western Region's administrative business -- having performed the solitary function of tent host for many previous years while holding the ceremonial title of a CCSA administrator and director-- (hosting a tent is neither a responsibility of any CCSA office, nor a qualification for any CCSA office, and never has nor will be) Jerry Lester was asked to resign as Western Regional Commissioner in the best interest of the administration of the Society and the Western Region due to his persistent failure to perform. In recognition for his past service as a tent host in the west, the HC offered to appoint Jerry Lester as Deputy Western Commissioner, thereby preserving his board seat. Jerry Lester resigned as Western Regional Commissioner and CCSA Director on April 2, 2002, (upon pain of removal from office by the Board a second time) with his resignation being received and accepted during a CCSA Board meeting during which a motion to remove him from office was before the board, but prior to the Chairman's call for the vote. Jerry declined to accept the deputy office. At that Board meeting, a motion to elect Larry Augsbury as Western Regional Commissioner failed, whereafter the High Commissioner performed as interim Western Regional Commissioner (for he believes no office in CCSA shall go unperformed) until Jack Cunningham was later elected to that office, which he performs today in an exemplary manner. Following that board meeting, the HC issued a directive that all subsequent CCSA publications be submitted to the High Commissioner for review before distribution. In response, southern member Carole Bishop resigned her board seat, citing this directive as undemocratic. Her resignation was accepted. Shortly thereafter, these former CCSA directors which have been mentioned in this exposé (with the exception of Larry Augsbury, Deborah Cunningham Greene, John H. J. Cunningham and Rev. James D. Cunningham) resigned their offices and formed the splinter group they call CCUSA. Then, inappropriately using CCSA's proprietary membership list, Jerry Lester solicited our members to join their faction or renew their memberships in CCUSA (which some of our members did erroneously believing they were renewing with CCSA) which has divided some Clan Cunningham members into opposing factions. They continue their fractionalizing tactics by advertising on their web site misleading qualifications for their founding officers (former CCSA officers), as they continue the same dysfunctional administration they practiced as directors of CCSA before their 2002 resignations, only now under the new and confusingly similar Cunningham name where their directors hold offices to which they elected or appointed themselves (not elected by any general Clan Cunningham membership vote) which has no mandate nor charter, nor did they seek the advice of the Office of the Lord Lyon King of Arms before forming their splinter group, but founded it only on their desire to preserve their administrative titles, control and negligence unimpeded. In the autumn of 2004, CCSA was contacted by the spokesman of that splinter group, David Pickens, who expressed a desire for a reunification. CCSA does not recognize their faction as a legitimate representative of Clan Cunningham, nor do we believe that they conduct their affairs in a manner in which our Clan Chief would approve, as indicated by the examples of their conduct as administrators of CCSA which were stated above and are further documented below. Nevertheless, in the best interest of a unified Clan Cunningham in America, CCSA proposed an offer which included welcoming them and their members back into the Clan Cunningham Society of America and holding open elections for all offices in 2005. They failed to accept the offer. Rest assured that the Clan Cunningham Society of America will continue its unparalleled service to the distinguished Cunningham name and its legacy.   What is the difference between CCSA and the splinter CCUSA group?   The Clan Cunningham Society of America's change in leadership in 2001 brought to an end the neglect and mismanagement that had pervaded our society for so many years under the Board of Directors dominated in main part for well over a decade by dentist William A. Cunningham, Jerry Lester and David Pickens. Since March of 2001, under the leadership of our current High Commissioner, Larry Augsbury, CCSA conducts its affairs as a proactive, responsive, united, fiscally responsible and open society, of which we believe our rightful Clan Chief will approve. As tasteless as the revelation of the following facts are, they document why those former directors of CCSA, and founders of the upstart CCUSA, are unfit to discharge the responsibilities of a representative body of Clan Cunningham. These facts further reveal those former directors violations of their fiduciary duty as corporate CCSA officers which led to Jerry Lester, David Pickens and Wiliam A.'s eventual expulsion from the Clan Cunningham Society of America by our Board of Directors (over one year after they formed CCUSA) for refusing to return the rightful property of CCSA purchased with our membership funds. What follows are merely a few material examples, among many, of the conduct of these three members as officers and directors of CCSA which our Board of Directors has deemed detrimental to CCSA and the esteemed Clan Cunningham name. Thus this exposé is necessary to debunk the deceptive claims by CCUSA on their web site of their director's misleading & exagerated leadership qualifications & experience, and to put the record straight. Four fundamental characteristics differentiate the legitimate Clan Cunningham Society in America, CCSA, from the CCUSA splinter group. LOYALTY There is only one Clan Cunningham, with one rightful chief. Our convenor in 1984 sought and received the advice and blessing of the office of the Lord Lyon King of Arms in Scotland to form an official Clan Cunningham Society in America. The only Clan Cunningham organization in America to do so. An excerpt from that reply follows with: “Clan Cunningham is an ancient and honourable Clan, and has for centuries been recognized as such. The Earls of Glencairn, whose surname was Cunningham, were successfully Chiefs of the Clan for many centuries, and John, (11th) Earl of Glencairn, recorded the undifferenced Arms in ... 1672. John Cunningham (15th) Earl of Glencairn died childless on 24 September 1796. Since then there have been several claimants to the Earldom and Chiefship but these were not successful. The Chiefship remains dormant, and there is no known Chief of Clan Cunningham today, nor will be until someone comes forward and proves to the Lord Lyon’s satisfaction that he is the rightful heir. I regret that I know of no such impending claimant at the moment. You are accurate in feeling that your Chief’s approval is very desirable for the formation of your Clan Society, but as there is no Chief at the moment and you wish to go ahead, you have no choice but to do so without one, and endeavor to conduct the Society’s affairs in a way he would have approved. A rightful Chief may yet be discovered, and he would be delighted at the existence of a well organized Clan Society in America. I would suggest that you call the Society ‘Clan Cunningham Society of America’, and so head your stationary.” Thus upon the advice of, and with the blessing of the office of The Lord Lyon King of Arms of Scotland, the only official Clan Cunningham Society in America was founded. Unfortunately, dentist William A. Cunningham of Pittsfield, ME has supported not one, but two illegitimately formed Clan Cunningham organizations in the United States, CCI in 1999 & CCUSA in 2002, which fractionalize the solidarity of Clan Cunningham in America and beyond. According to James D. Cunningham of Florida (a former CCSA National Secretary and former member of the CCSA Board), who, immediately following his resignation, helped organize the now presumed defunct, Clan Cunningham International (CCI) in the summer of 1999 with dentist William A. who was CCI’s first member, from the state of Maine, (unbeknownst at the time to CCSA's Board, for William A. never informed it of his role in CCI's formation or his membership) whose CCI lifetime membership number is USME0001. At the very same time, William A. was a member of the Board of Directors of CCSA. This was a clear conflict of interest, breach of business ethics, and breach of fiduciary duty which illustrates his lack of integrity and the deceptive manner in which he operated as an officer and director of the CCSA Board. Furthermore, William A. Cunningham currently serves (or had served as Membership Secretary for several years) as a director of the splinter group calling themselves CCUSA. This disloyalty to the official Clan Cunningham Society of America of which William A. was a member for many years--that our Convener Deborah L. Cunningham founded with his support in 1985 with the blessing of the Lord Lyon King of Arms in Scotland--is prejudicial to the unity of Clan Cunningham. Such disloyalty is neither welcome nor befitting an officer of the Clan Cunningham Society of America nor any organization, in our opinion, bearing the name of Clan Cunningham. FINANCIAL MANAGEMENT After assuming the elected office of CCSA National Treasurer in March of 2001, Larry Augsbury was organizing treasury files recently received from the previous treasurer which revealed an envelope addressed to former CCSA High Commissioner and Western Regional Commissioner Jerry Lester, from former CCSA National Secretary, Southern, and Deputy Southern Regional Commissioner David Pickens. There was no stamp or postmark on it. Inside were 9 checks made out to CCSA which totaled $91.00 (copies of checks 1), (copies 2), (copies 3), (copies 4). These were neither endorsed nor ever presented for deposit. The dates on the checks ranged from May 29, 1994 to May 21, 1997. They were promptly submitted for deposit into our CCSA bank account on November 10, 2001 by our current High Commissioner and Treasurer. Amazingly, six of the nine checks cleared (three were returned uncleared) including the one that was over 7 years old! This case in point of the egregious financial mismanagement by these two men is merely one example of the years of negligence suffered by CCSA and its members under their administration, which in Mr. Lester’s own words, from his Western Regional Commissioner's Report in the Winter 2001 newsletter, aptly characterized the state of CCSA's affairs, when he was removed from office as High Commissioner in December 1998, by resolution of the Board of Directors , as being at “…the edge of collapse.” FIDUCIARY DUTY In February of 2003, about one year after the splinter group formed, our High Commissioner was researching our historical archives for information on Robert de Conyngham for our french member François Redien when he accidently discovered irrefutable evidence that the trailer which Jerry Lester has been using since 1993, to host Clan Cunningham hospitality tents in the Western Region, was paid for by CCSA for the use of its Western Region and is the rightful property of the Clan Cunningham Society of America, Inc. Back in July 2002, shortly after Mr. Pickens formed his splinter group, our attorney corresponded with Pickens demanding the return of all CCSA property from all members of their club. That correspondence (highlighted in red) included the following excerpt: "In conclusion, consider this a formal request to all former CCSA officers to return all CCSA property to either Larry Augsbury or myself." Mr. Lester resigned as the Western Regional Commissioner of CCSA on April 2, 2002, effectively terminating the agreement for the use of CCSA's trailer. He responded to our attorney's request (click here to view) on August 25, 2002 by stating within the following excerpts: "Nor do I have any CCSA property in my possession. "Any 'CCSA' property that I may have had over the years was turned over to the CCSA leadership at that time." So, following the discovery of the evidence of CCSA's ownership of the trailer, our Board of Directors sent a demand letter (by first class mail and by email) to Jerry Dean Lester, David Morris Pickens and William Andrew Cunningham II, all directors of the upstart CCUSA faction, on June 13, 2003, with paper copies of all the evidence, demanding the immediate return of CCSA’s trailer with a deadline to respond of July 7, 2003. Mr. Pickens, president of the splinter group, responded to our demand letter sent via email, in an email message response on June 15, 2003 which included the following excerpts: "This is to confirm I was a Board Member of CCSA at the time of the transaction and until you reminded me of this, I had forgotten Mr. Lester had the trailer." "I did not remember CCSA paid for it but assuming you have proof, will accept this as so." "There is no conspiracy and I have been all above board in this matter and all matters concerning CCSA property." After having received the packet of evidence, Mr. Pickens then sent another email message on June 18, 2003 in which he stated: "I did receive your package today and I am again replying that this matter of the trailer is not a matter between CCSA and Clan CunninghamUSA or between CCSA and myself personally. That is all I have to say about the matter." Mr. Lester responded that for paying the fees that he had voluntarily offered to pay in order to induce CCSA to purchase the trailer in 1993 for his use; and contrary to his exhortation that "He (Jerry) is also willing to abide by any stipulations the Society may want to put unto this purchase", which is stated in the future tense, which applies to the current Board of Directors, and which he has subsequently refused to honor, he nevertheless claims ownership of the trailer. Our Board disagrees. The terms of this agreement are in writing, and clear. Our board interprets the agreement to be similar to any common lease of property where the registration, insurance and upkeep are paid by the user, with possession reverting to the owner at the expiration of the agreement; which said expiration was initiated by Mr. Lester's resignation. Mr. Lester has displayed a convenient justification for his chronic lack of critical thinking and ethical judgement regarding his fiduciary duty as a corporate officer which is conveyed in his email message dated July 5, 2003 which stated: "As to the trailer; the cost of the trailer was satisfied long before any of you were board members (and most likely members of your society) through my paying the annual licensing fees, maintenance and upkeep of said trailer since 1993. I am the titled and registered owner of this trailer." Dentist William A. Cunningham failed to respond to our demand letter which included the evidence that was written by his own hand during his term as High Commissioner and documented in his Director's Newsletter, as well as evidence documented in William A. Cunningham's High Commissioner's Message in the CCSA quarterly newsletter which is distributed to all current members of CCSA. No other records exist since no business documents nor board meeting minutes were ever forwarded to the current administration from the Secretary of CCSA during that period, which was Mr. Pickens. Nevertheless, no other documents are necessary since the purchase of the trailer including the intent of the control of the trailer and the intent of its purpose are made very clear in the aforementioned documents that do exist.  From the CCSA Director’s Newsletter - Number 2 - August 10, 1993 by, then, High Commissioner dentist William Andrew Cunningham II of Pittsfield, Maine, he writes (Directors' Newsletter page 3), (Directors' Newsletter page 4): “The Western Region desperately needs the help of the Society to keep going so please give the following proposal your undivided attention... A very large portion of their success was due to Ed’s award winning display of handmade weapons in his custom trailer. Ed’s recent poor health has forced him to give up his job and consequently his Clan and Games activities. He’s regretfully put his trailer up for sale for $450, a fraction of what it is actually worth. He will be selling it at the Santa Rosa games on September 4. It undoubtedly will be snapped up by another clan as soon as he gets it to the field. Jerry feels very strongly that Ed’s trailer should remain with our Clan… Jerry has agreed to license, insure and store the trailer if the Society would be willing to buy it from Ed at this time. He (Jerry) is also willing to abide by any stipulations the Society may want to put unto this purchase. I feel that it would be in the best interest of the Society to help the Western Region get back on its feet by purchasing Ed’s trailer at this time. I also feel our National Treasury can afford this expense at this time and it should be viewed as an investment that will eventually generate the Society many, many members in the West in the years to come. If a majority of Directors give me their approval on this purchase by August 28, I will authorize the immediate purchase of Ed’s trailer for $450.” From the October 1993 newsletter, (click here to view) in the High Commissioner’s Message, William A. writes: “The Board of Directors voted to purchase the Clan Tent/Trailer from former Western Commissioner Ed Dawson for $450 (a Scottish bargain) in order to keep it for the use of the Western Region. Present Commissioner Jerry Lester..." All subsequent CCSA Board of Directors have interpreted this written statement to its members to reveal the INTENT of the ownership of the trailer and the intended CONTROL of its purpose and use. All Boards of Directors of CCSA, since Mr. Lester's departure, have found this interpretation manifest in the following two points: 1. The use of the words "in order to keep it for the use of the Western Region" clearly state the INTENT of ownership, and under whose CONTROL the trailer is intended to be: The Western Region of CCSA - NOT Jerry Lester personally. 2. The use of the words "Present Commissioner..." clearly emphasizes that the Western Commissioner's office is temporary in nature, and indicates that the control and use of the trailer is intended to be at the disgression of the present Western Commissioner of CCSA and not at the personal disgression of Mr. Lester. The payment for the trailer, and thus its ownership, is evidenced by the following documentation: On August 19, 1993, check #189 was drawn on the account of the Clan Cunningham Society of America c/o Treasurer--wife of William A. Cunningham--Karen L. Cunningham in the amount of $450.00 payable to Ed Dawson and signed by High Commissioner William A. Cunningham. In the memo space is written “trailer purchase.” On the August 1993 CCSA bank statement check #189 for $450.00 cleared the bank on 08-26-93. During that time the three most prominent Directors on the board were the High Commissioner, William Andrew Cunningham II of Pittsfield, Maine, the Deputy High Commissioner Jerry Dean Lester of North Las Vegas, Nevada and the National Secretary David Morris Pickens of Knoxville, Tennessee. Dentist William A. Cunningham, David Pickens and Jerry Lester have proven themselves clearly unqualified and unworthy of the fiduciary duty incumbent on them as directors to whom property and power were entrusted for the benefit of the Clan Cunningham Society of America and its members. They clearly failed to safeguard our property, and absconded with our trailer and colluded amongst themselves to wrongfully convert our members property to Mr. Lester's personal possession. This corrupt behavior is part of the foundation upon which their illegitimately conceived Clan Cunningham splinter group was formed and continues. INTEGRITY (Doing what's RIGHT when nobody's watching) In the summer of 2002 CCSA's attorney corresponded with these three persons through their spokesman Mr. Pickens (click here to view) shortly after they formed the CCUSA faction. This correspondence included a warning that they (and specifically Mr. Lester) immediately cease contacting CCSA members and soliciting them to join their faction using our CCSA membership list, or face an injunction. In the email response from Mr. Lester he denies soliciting our members to join his faction (highlighted in green), but the email message from our Idaho State Commissioner at that time, Corby Christensen, exposes Mr. Lester's deceit. After discovering our ownership of the trailer, we also confirmed that Mr. Lester still possessed the trailer which was purchased with CCSA treasury funds for the explicit use of the CCSA Western Region in order to promote CCSA. A loyal supporter of CCSA sent us photographs of Mr. Lester and the trailer at the Las Vegas games in April, 2003 where he was passing out CCUSA literature. We also received photos 1 2 3 4 of the trailer in Mr. Lester’s driveway on March 5, 2003 & March 3, 2006. Furthermore, Mr. Lester claimed in his response (highlighted in green) that: "CCSA has never paid for Clan Tent space at any Games or Gatherings that I have set up at and therefore is not entitled to the exclusive use of said material if I decided to use such." Mr. Lester's deceit is further exposed, as these three checks from 1997 and 1998 reveal; all signed by himself as High Commissioner and his wife as Treasurer of CCSA which clearly state in the memo space that they are for tent spaces at Games or Gatherings which he hosted. His altruistic claims of munificence are further debunked by the Treasurer's Report in 1999 (prepared by Mrs. Lester's successor after she and Mr. Lester were removed from office by the Board the previous year) which shows payment to him for "games expenses" of $265.00. Mr. Lester's deceit appears to come as easily and consistently to him as did his practice of shirking his responsibilities as an administrator, an officer, and director for all those many years with a CCSA title. The fact of the matter is that Mr. Lester took advantage of the misfortunate chronic health problems of our Western Regional Commissioner Ed Dawson who constructed that custom-made award-winning trailer at his own personal expense and used it to host tents all over the West as an outstanding representative of the Western Region of CCSA; Mr. Lester took advantage of our members treasury funds to purchase the trailer at a "Scottish bargain" (a quote from William A); and Mr. Lester took advantage of his position of trust as a fiduciary agent of our Clan Cunningham Society to further his own personal benefit by wrongfully converting CCSA property to increase his personal possession; and is retaining possession with the support and assistance of David Pickens and dentist William A. Cunningham.    David Pickens has disclaimed any responsibility in the matter for himself and his CCUSA group, (see red text in Pickens' email below) conveniently ignoring his obligations as a former corporate officer, director and fiduciary agent of CCSA when the CCSA Board, with him as a director, purchased that asset with its treasury funds. In fact, according to Mr. Pickens' email message of June 15, 2003 (see green text), he can't even remember that CCSA purchased it, but will take our word for it. And yet, from letters recently obtained from Mr. Lester, if we are to believe Mr. Pickens, despite his repeated claims that the trailer matter does not concern him, he somehow feels compelled to write a letter to Mr. Lester dated July 22, 2006 in which he miraculously remembers with great precision the details of the purchase of the trailer. And his memory is remarkably similar, virtually identical, to an account in a letter from dentist William A. dated July 23, 2006, the day after Mr. Pickens letter. These accounts from Mr. Pickens and dentist William A. may just as well have come from the tooth fairy, for all the semblance of veracity they bear. Not one word from any of these three men over the last 13 years, not to the CCSA Board in William A's "Director's Newsletter", not in the explanation to the members in our newsletters, not to our attorney, nor to us, with regards to the trailer, do their former words bear any resemblance whatsoever to what these two letters purport as the trailer agreement. Nor do they have any document substantiating their claim. Only their word. These three men are thick as thieves who either conspired to concoct the story in their recent letters to justify their wrongfull conversion; or they deceived the members they were entrusted to serve back in 1993, covering-up the details of their specious trailer agreement. Either way the CCSA Board of Directors find these men deficient in personal integrity and their conduct deficient of business ethics and unfit to represent the Cunningham Clan and its legacy.  These men were CCSA’s 1993 leadership, the same governing directors whose negligence characterized their lack of leadership through the end of the millennium, the same men whose poor judgement mismanaged the finances and assets of CCSA in the new century; and those whom CCUSA touts on their web sites as their current fiduciary agents, their experienced and innovative leaders of today. Would you entrust your membership dues to the oversight of these self-appointed officers of another of their illegitimate Cunningham organizations? The Clan Cunningham Society of America would not, and does not want you to without first knowing the risks as illustrated by the above facts. At the very least, in CCSA's judgement, Jerry Lester, in collusion with David Pickens and William A. Cunningham as directors in a corporate fiduciary capacity acting on behalf of the interests of the membership of CCSA have wrongfully committed the illegal invasion of CCSA's interest in its chattel under Civil Law through the intentional tort of CONVERSION by exercising control and dominion over property purchased by CCSA's membership funds, for the explicit use of CCSA's Western Region; property under their control which is being used in direct violation of CCSA's current Board of Directors. These men have proven themselves unworthy of our members and any Clan Cunningham organization's trust. Their unethical casuistry as CCSA administrative officers and directors of its governing body demonstrates their unfitness to discharge the official responsibilities of representatives of the distinguished Clan Cuningham. Take a look at the words of sophistry on their web sites describing who they are, and compare those words to their actions, which are what truly define a person, leadership, and an organization. Then do the same with the Clan Cunningham Society of America beginning in 2001--and during the period when our Convenor led our society. We believe you will discern the glaring difference between CCSA and CCUSA, and the necessity of this exposé. A group of self-serving people amusing themselves at Cunninghams' expense as tent hosts at Scottish festivals they certainly are; but good leaders take responsibility; take action. These men, and women, did neither at CCSA. They took cover! They abandoned a recognized Clan Cunningham society which they mismanaged, seek to cover-up their misdeeds and start afresh as if they were engaged in an adolescent club instead of a nonprofit corporation representing the distinguished Clan Cunningham. This exposé demonstrates why they fall far short as qualified representatives of the Clan Cunningham of Scotland.     CCSA had remained taciturn for over three years while working to secure the return of our rightful property. This did not occur. Cunninghams as well as the general public have a right to know how these individuals misconducted the business affairs of CCSA during their administration, what is likely to be occuring at their CCUSA group now, and thereby what corruption might be ongoing under their current administration at CCUSA, to the continued detriment of trusting Clan Cunningham members and the esteemed name of Clan Cunningham. We hope you will not allow the self-absorbed interests and negligence of a few, to dampen your interest and participation in the official Clan Cunningham Society of America. We welcome Cunninghams world-wide to join together with our 906 members in the celebration of our distinguished Clan Cunningham heritage within our society or at a Clan Cunningham Society hospitality tent at a Scottish/Irish/Celtic festival in your area. Please send us your feedback at query@clancunningham.us. The Clan Cunningham Society of America is here for you. We encourage you to get involved and welcome your support.