Tuesday, July 13, 2010

Trust for Bentley Donations

Beth Bentley is still missing!

After seven weeks there is still no word, nothing, from Mrs. Beth Bentley, who disappeared on May 23. She was reportedly dropped off near the Centralia (Ill.) Amtrak station to meet someone, not to take the train.

The Woodstock Police Department (WPD) is still treating her disappearance as a Missing Person case. The P.D. has not spoken of this case since its June 9 posting on the P.D. website that identifies Beth as a Missing Endangered Adult. What does Endangered mean?

A trust has been established to accept donations to fund search efforts to find Beth, and a bank account exists at CHASE Bank. Facebook administrators of the Beth Bentley-Missing pages have told readers that the trust is available to be read, but requests to read it go unanswered.

On Facebook Debbie Milraney-Trujillo had posted a comment that anyone wanting to read the trust could contact her. I contacted her, but she didn't reply.

Someone posting as "Kool Breeze" then posted a long explanation of the trust, which included, in part,
- "this is a TRUST there is NO concern for posting the account number I have discussed this in detail with the people who set this trust account up";
- this account is set up as a publicly funded trust;
- nobody can hack or transfer out without paperwork and accounting as to where the funds are being used and who the payee was;
- usually these funds are paid directly to the payee by the trust account;
- When you have a trust the bank is responsible to monitor all transaction;
- there is a trust manager who handles this account personally by hand at the bank;
- If you donate to this public fund, you can get an accounting at any time as to what has been spent, and for what purpose it has been spent;
- Anyone that makes a donation CAN request the funds they donated to be returned to them if for some reason they felt it was being mismanaged;
- If at the end of one year Beth has not been found all known donations can be returned;
- If the donation is an anonymous donation any funds left in the acct at this point are set up as College fund for Beth's childern;
- Scott (Bentley) can not just go draw out funds;
- paperwork has to be filled out;
- the Bank Trust Manager is required to keep an accounting of what all money is spent on;

Because of that explanation, I asked again to read the trust (since it had been offered). My request resulted in no response.

Without reading the trust, it is impossible to know how that trust actually works. My guess is that the trust instrument is a boiler-plate document that gives the trustees broad privileges to do anything with the money in the bank account that will forward a search for Beth. If that's how it is, that's just as it should be.

Somehow, I think it is not a "publicly funded" trust (although members of the public can contribute to it). A CHASE banker asked me if it was funded by taxes! There ought to be concern if the account number is posted on Facebook for millions to read; a hacker could raid the account, if he had the routing and account numbers; the bank is not responsible to monitor all transactions; I doubt there is a (bank) trust manager who handles this account personally by hand at the bank; I doubt you can get an accounting at any time as to what has been spent and for what purpose it has been spent.

You certainly "can" request the funds you donated to be returned, if you felt the trust was being mismanaged; Requesting it doesn't mean you are going to get anything. You won't get a refund.

"If at the end of one year Beth has not been found all known donations can be returned." Not likely; there won't be anything left.

Scott Bentley, as trustee, certainly can just "go draw out funds", and that's exactly what a trustee should be able to do.

Paperwork to withdraw funds from the savings account does not have to be filled out, except for a withdrawal slip.

No Bank Trust Manager is required to keep an accounting of what all money is spent; that's the trustee's responsibility.

Proceeds from the fundraiser on Friday night will not be deposited into the trust.

7 comments:

Another Lawyer said...

In your continuing saga to miss the forest for the tree.

There was the emergency lights for the young firefighters funeral procession, and flag at half mast (you focused on the traffic violations and flag etiquette)

Now, the missing lady's friend are trying to raise money for billboards and such, and (you focus on the vehicle being used to collect donations)

I am probably the only person who understands you, so I will offer this suggestion:

Next time you see a minor violation during the storm of emotions surrounding and event (softly say to yourself, inside your head ... to yourself, so that no one can hear, "I know this is probably improper and violates some small rule, but I am going to rise above it and point to the good part and approve, and keep my mouth shut about the other part."

A little girl selliing lemonade on the sidewalk probably lacks the business license, sales tax forms and health department permit ... but isn't it damn cute?

Gus said...

A lot of money could be raised. Some would like a little more assurance that it will be used as solicited and given.

Hallie said...

Another Lawyer offers you some sound advice and you still plod on. Frankly, what they collect and how they collect it is really none of your business until and unless you open your wallet and contribute to the fund. It really isn't. IF, and I say IF, they screw up with it then LE can step in and do something about it. You rail on and on and on about trivialities and generally either get it wrong or just peddle rumors and innuendo seeking to cause controversy... Look at your writing about D200's "neutral" stance regarding the strike and then your latest. You want a perfect world, Gus and it just doesn't and will never exist. Not with blockheads like you constantly stirring the pot. You think you're cute. You're not. My God, whining about the sheriff looking at you funny! Hell, EVERYONE looks at you funny. You're amusing (at times) and always the fool. Why don't you start paying some property taxes and give some meat to all your complaints about what the various taxing bodies do with the money? You're disgusting and the more you talk the deeper the hole you dig for yourself.

Gus said...

Hallie, I'll extend being polite to you, in spite of the tone of your comments.

You obviously think renters don't pay property taxes. Just who do you think pays the taxes on apartment buildings? The fairy godmother?

Dave Labuz said...

Hallie – renters pay property taxes – comes out of the rent DUH!

Plus, it’s being paid at commercial rates, and is non-deductible – DUH! The net tax load on Gus’ place, which he does actually pay for, is twice your load if you’re in single family! D-U-H! Are you a friend of Beth’s?

Now on to Beth Bently. First off, I do hope she’s OK, regardless of what’s going on. No one deserves to be treated inhumanely, or God forbid, forfeit their life for some creep. However….

1) Regurgitating what lady friends of mine who are on Facebook all say – when one digs into all of Beth’s supporters’ pages, it appears to them that all these ladies are inappropriately-dressed bar flies seemingly more concerned with the personal attention generated by their stated concern for Beth. The predominant photos of this group are all at nightspots with them in their somewhat repulsive fleshy glory. That’s what I’m told – this is what women are saying.

2) The seeming unconcern or lack of progress on her case by the PD or reportage by various news outlets could possibly be communicating that they aren’t entirely sure what the reason is for her disappearance. It would seem that they might know or suspect things we don’t.

3) Gus, if it’s stated that there’s a “trust” account, and all one has to do is ask for the documentation from Beth’s posse, who are all-concerned for her well-being in between rounds at the local pub, along with all their breathless Facebook accounts about her fate, and as especially considering you appear the only one who is keeping her story alive – and you still can’t get that information that might help save her – well, that tells me it’s all BS, frankly. If her “friends” were more concerned with helping you get the word out rather than focus on their own twisted celebrity and the romance of a disappearance, perhaps you’d have the info by now.

4) You are correct in that the “trust” document is important. If this is a legitimate ploy, and her “friends” are concerned for her, and concerned that they raise the funds to help find her, they should be passing those suckers out on The Square and at the supermarkets on weekends! And it’s likely that some good soul would print them for free. We should be drowning in such an attempt, yet all there appears to be is an endless, empty desert and the sounds of crickets chirping.

5) You forgot to mention any such “trust” is only as good as the Trustee(s). Who might they be? Do they have failing businesses and personal finances, or expensive tastes and habits? Oh, and was it true that Beth’s friend and companion on this weekend was all about hanging with her boyfriend, an ex-con?

Really, I hope she’s OK. Just doesn’t seem to be much of a concerted, legitimate effort to do anything productive in finding her and solving the mystery. If I’m wrong ladies, get your asses in gear and represent, for God’s sake.

Another Lawyer said...

Dear Down,

The pictures on facebook are from birthday partys, and a new years eve party. I dunno, girls dress up for shit like that?

Your second complaint is that there hasn't been a concerted effort to find Beth, not counting passing out 100's of flyers, not counting raising money for missing billboards, not counting going to Centralia and Mt. Vernon and Chicago to try and track down leads, not counting establishing a face book page to rally support, not counting contacting and cooperating with the police in tens of interviews, not counting contacting citizens in areas where may possibly be, not counting ...............

And to this you say get your asses in gear ...

Ok?

Third point, which is semantical. In order for someone to be an ex-con, one would think that they would have had to commit a felony and be imprisoned in prison. I find no where that the boyfriend is an ex-con.

If I remember law school correctly, direct evidence of slander is a statement that someone is a felon when they are not. I should go look that up.

Lastly, did you infer that informal organizations raising money should pass out the trust document for the account at the bank where the funds are deposited?

I don't think I have ever seen a boy scout, or girl scout or pet's in need or any other person attempting to raise money display a trust document.

iwannaknow said...

It never ceases to amaze me what happens to people when tragedy strikes their lives.

I dont know any of you. I dont live there. I just follow missing persons cases and try to help because I have been there.

I came to this blog because it, at least, routinely posts about Beth. Good, bad or ugly. At least it is something. Anything is better than nothing.
I have seen victims and their families torn apart by the online public. Yes, girls dress for parties. We also take pics for fb when we do. People are not perfect. But just be involved in anything that makes the public think its okay to dig in your life. There are few of us who could bear that kind of scrutiny.
And be prepared for every friend on fb to be scrutinized as well. It can get really ugly.
I think all of you make excellent points.
Gus does too.
Fundraising..oh the woes. I have seen fundraisers that would make gus toes curl. I personally dont give a rats ass what anyone does with money people freely gave them. But nothing is free and be prepared for the nice people to now watch everything you spend and tear it apart. When beth comes back, they will be viscious about it. So follow the rules. Its easier for everyone. That said. Who cares? The IRS is their problem.
I dont understand the tone used here with Gus. To me, he is trying to help, even if you dont like his tactics. If he or anyone else wants to verify trust documents, is it that hard to provide? And it makes you all look better, trust me.
The objective is to work together to locate Beth. Listen to each other. Stop this bs and get back to whats important.
Say what you mean. Mean what you say. But dont say it mean.
Now play nice... but please.. keep playing.