the  m p w c Foundation,  inc. 

allocations
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afterwards
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Due to the emotionally traumatic events that are described in Note #1 below, you, the readers of this page, are invited to be involved in the final outcome of just how much of the Foundation's (currently us$5,487,000 as of December 31, 2016) endowment remains in the USA as opposed to how much of this endowment gets transferred for use (as originally planned by the Founder way back in 1996) by the children and women in San Miguel.   More about your (the reader's) involvement is explained in note #1, way down below.

Definition:  "Allocations" means the results of the Founder's latest decisions regarding final distributions of MPWCFoundation funds just prior to the Foundation's dissolution.

As of today (meaning, what you are reading is currently the LATEST allocation), this page contains our closest to final allocations for all of the Foundation's funds.   This, then, is how the Founder (unless he has been been informed of events which will enable him to change these allocations some time before he takes his final oxygen-starved breath) instructs the Trustees to distribute the Foundation's Endowment Funds:

With regards to the latest pre-death (or pre-disablement, if disability is applicable to the Founder's current life status) annual distributions of  the current annual grants (i.e., those that were paid in the most recent year, the latest 12 months) paid out any time prior to the Founder's death or disability and/or prior to the soon-after-death final dissolution of this Foundation), each grantee shall get the same amount as was granted the just previous year.   In effect, this enables the Founder to enforce his own latest decisions. This shall continue until the following paragraph becomes applicable.  
After the approximately two-year period that commences with the Founder's death, the final distributions of the Foundation are to be paid out as the last transactions during the dissolution of this Foundation, the below table discloses the Founder's latest (and in accordance with his Estate papers and this web-site, eventually the last) allocation instructions.

For your information, this page has been reviewed and the latest calculation of the Founder's estate's bequest to the Foundation is now conservatively estimated to be us$5,487,000 as calculated on December 31, 2016 (as opposed to the below table which uses us$4,000,000 to merely illustrate an "example" of the final distributions).    See also "notes (10) and (11)" below

The below 5-column table  assumes that the Foundation's endowment funds will amount to us$4,000,000.  If that ends up being the correct final amount, each grantee, or grantee category, will receive payments totaling whatever is shown below at the time of our dissolution (note, obviously the us$4,000,000 used as an example below must be adjusted to whatever the final amount actually is -- see a MORE RECENT estimate in the paragraph immediately above this).

Grantee name or Grantee category (in the following order of payment priority)

original maximum  possible % 

Founder's latest and most current allocation decision is as follows  see  notes below (11)

information regarding dissolution payments -  all of the below payments  ("A." through "J.") shall be made out of (in this example, us$4,000,000, or) whatever remains of the us$4,000,000 AFTER EACH OF THE PAYMENTS MADE JUST PREVIOUS TO THAT CATEGORY (see also note #11)

A. the remaining original SMA Grantees 100% as divided in B. below 0% (1) (5) (8) 0% of $4,000,000 (or whatever the final amount is)
B. San Miguel organizations no longer in A. above, specifically:  Feed the Hungry (originally 30%), Jovenes Adelante  (30%), Casita Linda (15%), Mujares en Cambio (15%), and Computadoras pro Jovenes (10%) 100% (of the individual organization's percents which are shown in the column to the left) only small lump sum payments as listed in the right hand column and then only as a partial concession to their early partial- participation efforts (5) (8) specific small lump sum consolation payments to each of the Grantees that for years had continually agreed to, but also continually failed to comply with, our Transparency and Continuity requirements, as follows: FTH $40,000, J-A $40,000, Casita Linda $30,000, Mujares en Cambio $15,000, and Computadoras $15,000 (totaling no more than $140,000 in any event, no matter how large the MPWCF final Endowment ends up being).
C. Feed the Hungry, Casita Linda, Mujares en Cambio, and Computadoras pro Jovenes  n/a all monies that are physically recovered from (Andy Blair - see note #1), if and when such recovery occurs (1) (5) all monies recovered from Andy Blair (see note #1), if any, are also to be distributed in the same ratios as shown for each Grantee in the box immediately above (as opposed to using those percentages shown in category "B." to the left, and in the first column)
D. additional SMA Grantees may be selected by agreements between the Grantees and Michael Wein    n/a

 

this provision is no longer applicable (1) (4) (6) this provision is no longer applicable as the Founder is no longer physically or emotionally able to do any of  the work required to accomplish this.
E. cost of professional help in an unfortunately necessary  allocation to finally obtain meaningful justice note (1) note (1) (1) As much as is necessary from whatever remains (after paying any and all of the above) shall be used to continue to pursue, if necessary, Andy Blair a/k/a "the local woman" if the situation is not satisfactorily (in the opinion of the Founder or his Executors) resolved by the time of the Founder's death
F. other various projects from those listed in the middle of the 1st paragraph of Note #1 below  n/a to be determined later (see note 7 for details) (1) (4) (7) As much of whatever remains (after paying all of the above) may be used if reputable and trustworthy local custodians can be found and agreed to by the Founder while he is still alive (see note # 7)
G. all of our other past Grantees n/a 0% (5) (1) refer to the list of grants previously paid to all of our PAST grantees
H. our original "default" organizations specifically Rider University (NJ) and the ACLUF (NY) n/a 50% (2) (8) (9) 50% of whatever remains (after paying all of the above)  (25% to each of Rider and the ACLUF)
I.  supplementary USA organizations, specifically City Harvest (NYC), Habitat for Humanity, National Organization for Women (NOW), Jane Goodall's Roots and Shoots. Linden (NJ) High School n/a 90% (3) (5) (9) 90% of whatever remains (after paying all of the above) as follows: City Harvest (25% of whatever remained), Habitat for Humanity (15% of whatever remained), NOW (25% of whatever remained), Roots and Shoots (20% of whatever remained), Linden (NJ) High School (5% of whatever remained), thereby using all of the 90% of whatever remained after paying all of the categories A. thru H.
J. (Executor's discretionary) n/a all of the remaining funds  (4) 100% of whatever remains (after paying all of the above) with emphasis on which of the local grantees most realistically is currently pursuing transparency and continuity at this time. 
TOTAL FOR ALL 100% 100% (8) 100% OF $4,000,000 (OR WHATEVER THE FINAL AMOUNT IS)

Notes:

(1) I am hugely saddened to have to finally accept my complete failure regarding my current inability to be able (legally, within the corporation's original year 2002 restrictions) to authorize the MPWCF to legally pay out the entire 100% of my estate's bequest to San Miguel charities.  According to varying previously publicly announced restrictions, I am required by USA and Texas tax laws - the MPWCF is incorporated in Texas - to instead pay a great portion of that bequest to similarly qualified charities with similar missions but located in the USA.  I have accomplished many things in my lifetime but the original goals of this Foundation were the proudest of what I had hoped to be my last accomplishment and final legacy and that is obviously now not going to happen quite the way as I had planned).  The reasons for my failure are complicated, but a major. even predominant, portion of the problems stem from the huge and unexpected damages caused to this Foundation by a local woman employed by me to aid me in my declining years.  Had my plan for my successor, this local woman, worked out, or if the quality of my present life had not been undeservedly adversely  compromised by the severe consequences of this woman's actions, I had hoped to spend more of my last years' time on earth in authorizing even more local grants or in the absence of that, initiate more local projects, among which possibilities were the loans to women (microloans: credit to start small businesses working out of their homes) project, or the possibilities of the MPWCF financing various projects in the many poorer colonias such as projects to provide free or inexpensive potable water, or giving seminars on how to plan, start and run small businesses and/or teach the elements of "low investment required" entrepreneurism, or to provide more available local healthcare, or to teach local people how to set up a functional and growing barter system which would help build a better economy in both the many colonias or even here in town, and/or so many other needed projects.  Once again, I accept the failure as my own (if only because of the poor judgment I made in completely trusting this woman with both my remaining life and the then expected perpetual life of the Foundation itself).  The ironic part of this is that this same woman, herself, was responsible for some parts of the protective restriction ideas and even the most significant part of the actual wording of the restrictions and penalties for harming me that made their way into both my estate's legal documents and then onto this Foundation's website.  When she and I originally discussed this potential problem way back in the Foundation's earliest years, she even came up with the phrase in her own words which I quote here, "locate and punish any impatient souls who might wish to profit by, ahem, speeding up nature’s own methods".  Who would have thought, way back around 2001, that a person that I originally thought to be ultra-virtuous, ultra-honest, ultra-trustworthy, and ultra-capable, was going to be that one person who, by her own misdeeds and defaults under our written contract, set in motion the consequences that resulted in this horrendous situation and the resulting consequences where she was herself the impatient soul who both profited by and was the one who speeded up nature's own methods?    How emotionally drowned in irony is that?  How physically drowned (in irony or otherwise) was I ?????

You can read more about these governing restrictions at founders will (see "d-restrictions on the use of the endowment bequeathed to the Foundation") wherein the long-standing requirements for both transparency and continuity were ignored for too long by too many potential grantees but then, even more importantly, that problem was further and more grossly compounded by the actions described immediately above which also triggered still other additional restrictions described in the founders will (see "a-the unnatural death of, or damage to, the Founder of this Foundation").  This latter provision covered the damages caused by the "local woman" who was specifically hired to aid the Founder in his diminishing ability to continually instruct the Grantees in productive ways on how they could best implement the Transparency and Continuity requirements of the MPWCF whenever they seemed to  find difficulties.

At the date of this writing, I have so far still been able to keep and exceed all of my original pre-death promises. The entire bequest to the MPWCFoundation (see funding -- us$5,009,000 or more as of December 31, 2014)  greatly exceeds my original historical intentions which were only us$500,000.  However, because of the actions of that local woman (who had already been well-paid to guide the various grantees and aid them in retaining access to the endowment), the funds are (now, still prior to my death) in great danger of being entirely re-directed away from San Miguel and remain instead in the USA and being paid to similar charitable organizations, the opposite of my original local intent.    Sad, because this woman had sworn, prior to our Agreement to do this, swore how deeply committed she was to this effort, and swore how proud she was that I had selected her to do it.

All of that notwithstanding, this woman resisted every attempt I made (between March 2012 and today) at conciliation and avoided offering any reconciliation of her own even though it was she who had already received all of the benefits of our Agreement and yet paid no attention to any of her own obligations under that Agreement.  She continues still to the day of this writing to ignore all of the evidence and even her own declarations of original intent (see the many emails we exchanged and even my public requests to pressure her to air (or tell) her side of the story).

What can YOU do to help keep the us$4,000,000 or more in San Miguel?  Well, it is too late for that woman to provide me with the healthcare that would have extended my life or would have not decreased the quality of my then remaining life, and certainly it is now too late to  resurrect the lost grantees or the Foundation itself.  But remedying any of the other many damages might help heal some of those damages.  I have long since ceased to hope that "that woman" would take belated actions to remedy the damages that she caused, but the impoverished  women and children of San Miguel still desperately need the monies that were also taken from them by the consequences of her actions.  Should anyone succeed in pressuring that woman to own up to her responsibilities, some sort of mediated solution may still be possible as long as I remain mentally alert  and able to agree to it.  Anyone who thinks they can help us should also read the   other_projects webpage for more details on how any such people will be rewarded for this desperately needed help.

Therefore, in conjunction with "Category C" above, the net amount of "all monies recovered" from Andy Blair in the efforts described in these paragraphs will be distributed to Category C Grantees as follows.   The calculation of "all monies recovered" is the amount of cash paid by Andy Blair in accordance with the decisions of a Mexican court and/or as a result of efforts provided by individuals as described above.  This amount would be "net" of any reimbursements of monies paid out in either legal fees and expenses or other collection efforts.  That net amount would be placed in an escrow pool maintained by someone independent of me and paid out to SMA Grantees based upon the following criteria.  Each such San Miguel organization specified above is eligible and would be asked to submit their latest years of Financial Statements ("transparency") as well as any continuity documents they then possessed.  The Executor would review such documents and decide. on a comparative basis, how much of the escrow pool is to be paid to each individual organization, the total of of all such payments to be not less than 100% of the aforementioned escrow pool.

(2) the above table DOES NOT INCLUDE any OTHER additional monies (funds, stocks, etc.) that are also to be (or have already been) separately allocated to, or distributed to, Rider and/or ACLUF in accordance with the separate Clause #5 of Schedule B of the Michael Wein Trust Agreement.  The funds in the above table are, therefore, IN ADDITION to any bequests distributed under said Clause #5.

(3) If any of the USA organizations are no longer in existence (or just not locatable by the Executors), the endowment grants should be given instead to any comparable USA (preferably New York City or NYC area) organization that provides food for the hungry, and/or housing for the needy, and/or represents women's interests. etc., etc., etc.

(4) at the sole discretion of the Trustees of the Founder's Trust (also known as his Executors), these remaining endowment funds may be paid to any of the Grantees listed on the Our grantees webpage.  However, we ask that his judgment take into consideration which of the local grantees most realistically is currently pursuing the greatest transparency and best efforts at continuity NOW.   See also the last paragraph of note (1) above for more insight into what the Executors are to consider.

(5) the column "original maximum possible %" discloses the maximum percentage each San Miguel Grantee might have been allocated IF they had come anywhere near being close to complying with our original requirements (all of which each grantee had agreed to previously) for transparency and/or continuity.  In the absence of such compliance, the "Founder's latest decision" is what he currently (or after his death) authorizes for each Grantee's share of our Funds.  We have cajoled, threatened, explained, begged, and otherwise given every PAST and present grantee huge latitude in complying but while most of them agreed wholeheartedly to the above concepts, they have all, in important ways, resisted and resisted its execution, coming up with excuse after excuse.  And over the years we continued to compromise our demands.   But now, in 2014, after a minimum of (and in some cases, much more than) 9 years of trying, the Founder issued the (see Correspondence for the two 2012 informational) instructions that have led to (over the intervening years) the current differences in percentages between those two columns.   Do remember that the problems lie not in any Grantee's mission but rather in their intentionally or unintentionally hiding something quite important of what is going on in their organizations (i.e., required transparency is lacking) as well as in their lack of complete provisions for attaining organizational continuity.  In this latter case,  we ask why would any organization operating in a community where their volunteers are so much more likely to die or otherwise disappear unexpectedly NOT provide for educated and informed continuity of operations?  So, we feel completely justified and comfortable in re-directing funds from these SMA organizations to those of better-run, more transparent, and thusly more stable, USA organizations doing the same type of work for almost identically needy people.   In summary, and in the absence of fulfillment of our long known transparency and continuity requirements, we feel it would be foolish, no, actually stupid, for us to just hand out more than us$4,000,000 without receiving greater assurances about how this vast amount of money that the Founder spent so much of his life in acquiring was to be both controlled and then used by these local organizations.

(6) the provide-info webpage is no longer applicable                   

(7) see the  other_projects webpage for more details   

(8) (note: this #8 may no longer continue to be applicable based upon current and potential future Foundation changes)  The Founder has left a proposed form letter (possibly usable, if necessary, for when the Foundation dissolves, which together with the final dissolution payments to the San Miguel organizations,  summarizes the on-going terms and instructions for the continued handling of the securities and funds that make up this dissolution payment which is intended to be each such organization's "endowment".  A copy of the proposed letter is on the asset distribution webpage.  This letter is ONLY to be used IF securities (rather than only cash) is distributed to ANY LOCAL SMA Grantee.  If securities (rather than only cash) are so distributed, Rider and the ACLUF will LATER be sent a copy of this signed (as "terms accepted" by the Grantees) letter.  All of the other grantees on this page will receive ONLY a brief transmittal letter with their cash (only) distribution and they are to have no future annual obligations of any sort required of them.

(9) see the promises_unkept webpage for more details

(10) regarding the estimate of the Founder's bequest of us$4,000,000 (and any more current higher estimates, as well as lower previous estimates found elsewhere on this website), if interested the reader may read about prior estimates of (as low as) the original us$500,000 and all other previous estimates of the Founder's bequest on our History webpage.   And, in reading various other webpages on this MPWCF website, you will note many older estimates that were accurate at the time of their writing.  These older estimates were too numerous to continually update and so were left as historical landmarks on each such page.   However, it is our intention to use this "allocations" page as the location of our LAST, LATEST, and/or MOST CURRENT AT ALL TIMES pre-death and/or post-death estimate of the Founder's instructions for the final distributions by this Foundation to all beneficiaries of the Foundation.

(11) an illustrative spreadsheet has been provided for use by the Executors (and anyone the Executors deem appropriate for seeing such a spreadsheet) that the Founder, Michael Wein, prepared to illustrate how to obtain the results of calculations of the above in a possible (or maybe even "probable") set of circumstances whenever the final allocations may need to be calculated.  The original spreadsheet  is located on the Founder's main desktop office computer and is in a file called and located at  "e:\mydocs\my-death\onMyOwn\calculateAllocations.xls"    That spreadsheet (or a re-named copy of the original) is there for the Executor's use.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Underpromise and Overdeliver”

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