Sheriff Donald F Eslinger
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OHS Touchdown Club Inc.

A Not For Profit Corporation

Doing business at the Oviedo High School



This investigation began with a simple tip, “Look into the OHS Touchdown Club Inc.” A basic check with the Division of Corporations would reveal that the OHS Touchdown Club Inc. was incorporated on July 26, 2000 as a Florida Not For Profit Corporation. Its principal address was listed as 601 King St. Oviedo Florida 32765. {1}

The present corporate officers were identified as:

Registered Agent:     John D. Galluzzo
President:                  Wes Allen
Treasurer:                  Cheryl Long
Secretary:                  Linda S. Lougee

Having previously read an Orlando Sentinel Article dated March 10, 2010 titled, "Oviedo Pop Warner officers targeted in father’s lawsuit", written by Rene Stutzman, I recognized the name Linda Lougee.{2} Further information would reveal that all three corporate officers of the OHS Touchdown Club were employees of the Oviedo High School in the athletic department.

When all was said and done, violations of Florida tax laws and laws concerning the solicitation of contributions would be revealed which ultimately ended up with the officers of the corporation voluntarily dissolving the corporation. It would be a refreshing story to report that all the people involved acted properly, but that is not what happened.

We present to you what we discovered, how the involved people acted and leave it to you to decide if this is the behavior that we should expect from our public servants.

On June 7, 2011 the initial contact was made with the President, Mr. Wes Allen at the Oviedo High School which was listed as the "Principal Address" for the corporation.{1} Mr. Allen confirmed that he was the President but was unable to provide any financial information concerning his corporations status as a Not For Profit entity.

On June 9, 2011 the second contact was made with Mr. Allen at which time he advised that he had done some research on me and then advised, "I’m done talking to you." I informed Mr. Allen that as a Not For Profit Florida Corporation, utilizing the address of a Seminole County Public School, he should be willing to discuss his corporations finances. HE REFUSED!

History has shown that when people will not talk about something they usually have something to hide. My goal was to expose what that something was. Since Mr. Allen refused to talk, contact was made with the Corporations Secretary, Linda S. Lougee, also at the Oviedo High School.

On June 13, 2011 , contact was made with Mrs. Lougee at which time I requested Mrs. Lougee provide the answer to three basic questions:

1. Has the OHS Touchdown Club Inc. registered with the Florida Department of Agriculture and Consumer Services as a non profit?

2. Has the OHS Touchdown Club Inc. registered with the Florida Department of Revenue and submitted all required DR Form 55's ?

3. Has the OHS Touchdown Club Inc. obtained their 501-C Tax exempt status from the Internal Revenue Service ?

Mrs. Lougee advised that today was her first day back to work after back surgery and could I give her until Monday, June 20, 2011, to reply.

The idea that this Not For Profit Corporation was using the address of a Seminole County public School presented yet another problem.{3} In order to resolve this issue contact was made with Karen Ponder, Clerk to the Board Seminole County Public Schools. Ms. Ponder replied on June 22, 2011 that,

"Oviedo High School Principal Robert Lundquist has informed me that the district does not have a contract with the OHS Touchdown Club, Inc." {4}

On June 29, 2011, contact was made with Mrs. Lougee at which time she advised that she had been instructed to have me contact Mr. Ned Julian, the Seminole County School Board Attorney, concerning the OHS Touchdown Club, Inc. and obtaining the answers to the questions which I had presented to her. Mrs. Lougee did not advise who had provided her with this instruction.

As directed by Mrs. Lougee contact was made with Mr. Julian which resulted in a written response. Mr. Julian confirmed that the OHS Touchdown Club Inc. was "not an activity of the School Board of Seminole County Florida." {5} Mr. Julian then directed me to the Florida Department of Agriculture and Consumer Services, which is the State department which regulates the Solicitation of Contributions. {6}

On June 29, 2011 a request was made of Ms. Ponder for her to forward the three questions which had been asked of Mrs. Lougee to Mr. Wes Allen, Mrs. Linda Lougee and the Secretary, Ms. Cheryl Long. {7} In response to my request, Mr. Allen provided the home addresses of Mr. Allen as well as Mrs. Lougee. Mr. Allen further directed me to contact the Registered Agent, John Galluzzo, who he identified as a Seminole County Circuit Judge. Mr. Allen provided no contact information for the secretary Ms. Cheryl Long. {8}

On August 25, 2011, contact was made with the Honorable John Galluzzo at which time it was revealed that Judge Galluzzo had not been the Registered Agent for the OHS Touchdown Club Inc. for the past six years. Judge Galluzzo was informed that Linda S. Lougee had been submitting Annual Reports for the past six years identifying him as the Registered Agent. Judge Galluzzo expressed his gratitude for this information and advised that he would be calling Robert Lundquist (Oviedo High School Principal) in reference to this matter.

Research was conducted which revealed that the Annual Reports submitted to the Florida Department of State which were signed and submitted by Linda S. Lougee, Secretary, were signed with the following statement: {9}

"I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes, and that my name appears above, or on an attachment with all other like empowered."

On July 5, 2011, Mrs. Lougee, mailed her unsigned response to my three questions. In her response she advised:

1. No, the Touchdown Club is not registered with the Florida Department of Agriculture and Consumer Affairs. I have spoken to the Department and I am getting that paperwork together so that we are in compliance.

2. No, the Touchdown Club is not registered with the Florida Department of Revenue.

3. Yes, the Touchdown Club is 501-C. {10}

On July 19, 2011, contact was made with Mr. Walt Griffin, Seminole County Schools. Mr. Griffin advised that per Mr. Lundquist the OHS Touchdown Club was going to be dissolved and that it would be combined in some manner with another Not For Profit Corporation identified as "The Oviedo High School Athletic Booster Club, Inc." Mr. Griffin also advised that per Mr. Lundquist "no Oviedo High School employee would be allowed to serve in the capacity of holding a position in an organization or club." {11}

On July 20, 2011, contact was made with the Florida Department of Revenue Tax Violations Unit as well as the Florida Department of Agriculture and Consumer Services at which time complaints were filed with both Departments. {12}

On July 20, 2011, a written request was sent to Mr. Allen requesting to inspect the corporation's financial records. No response was obtained from Mr. Allen. {13}

On August 19, 2011, notification was received from the Florida Department of Agriculture and Consumer Services reference # 1107-29885 Subject: OHS Touchdown Club, Inc., advising, "We have closed your complaint." Attached to this notification was a letter dated August 16, 2011 from Linda S. Lougee addressed to the Florida Department of Agriculture advising:

"The receipt of this complaint has convinced the Board of Directors that now is a good time to wrap up the affairs of the club and to dissolve the corporation." {14}.

On August 26, 2011 public records were obtained from the Florida Department of Agriculture and Consumer Services. The records revealed that the OHS Touchdown Club, Inc. had submitted its first "Registration Application" on July 18, 2011. Please note that this is approximately six weeks after the initial contact was made with Mr. Wes Allen. These documents confirmed that the OHS Touchdown Club, Inc. had been operating unlawfully since July 26, 2000, in violation of Florida State Statute (FSS) 496 and Chapter 5J-7 Florida Administrative Code. {15 & 16}

A check of FSS 496.406 revealed that this "Not For Profit Corporation" was not exempt from registration. Further research determined that there were criminal penalties pursuant to FSS 496.417 in that,

"any person who willfully and knowingly violates ss. 496.401 – 496.424 commits a felony of the third degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084…" {17}

On August 30, 2011, contact was made with the Chief of Mediation, Mr. Scott, with the Florida Department of Agriculture and Consumer Services. During this conversation, Mr. Scott advised that the complaint was not closed and that it was being assigned. It would be later determined that the complaint was to be reviewed by Senior Financial Investigator Mirisasha A. Velez. At the time of this publishing it is unknown what action if any is to be taken by either the Department of Revenue or the Department of Agriculture and Consumer Services. As records are made public the information will be forwarded for publishing.

On September 26, 2011, contact was made with Mr. Robert Thrift Jr., an officer with the Oviedo High School Athletic Booster Club, Inc. Mr. Thrift was advised of the lack of cooperation of all of the officers of the OHS Touchdown Club, Inc. at which time Mr. Thrift admitted that his not for profit corporation had received funds from the OHS Touchdown Club, Inc. A request was made of Mr. Thrift for a complete list of all funds and or property which his corporation had received from the OHS Touchdown Club, Inc.

On September 30, 2011 a request was made directly to the Treasurer, Ms. Cheryl Long, requesting to examine the Federal Income Tax Returns as well as all Bank statements for the OHS Touchdown Club, Inc. since its inception on July 24, 2000. As of the date of this article no reply has been received from Ms. Long and/or the custodian of the financial records of the OHS Touchdown Club Inc. {18}

This investigation began with a simple request, "Look into the OHS Touchdown Club, Inc." Due to the unprofessional responses of public employees, it has required the involvement of two Florida Departments. A verbal agreement between Robert Lundquist and the officers of this "Not For Profit Corporation", permitted this unregistered corporation to use the address of the Oviedo High School as its principal address. All officers of this Not for Profit corporation were employees of the Oviedo High School in the Athletic Department and have failed to exercise even the basic due diligence in order to obey State laws which regulate the Solicitation of Contributions. Ms. Long has been transferred to the main School Board office.

Contributors, sponsors and the general public trusted the individuals involved in this Not For Profit with their hard earned money. They all trusted that these individuals knew or should have known what they were doing and that this Not For Profit Corporation was being operated within the laws of our State. But then why would these people not trust Mr. Wes Allen, Mrs. Linda S. Lougee or Ms. Cheryl Long, after all they were Oviedo High School employees operating out of the Oviedo High School. When confronted with their errors how does Ms. Lougee respond to the Department of Agriculture and Consumer Services,

"We are not accountants and lawyers and try to keep up with the requirement the best we can." {19} As we know, ignorance of the law is no excuse.

On October 7, 2011 Robert Lundquist advised that he had received a "registered receipt from Citizens Bank indicating the Touchdown club closed their account and transferred $788.10 to the Athletic Booster club. There is no tangible property regarding the Touchdown club." Why this information was provided to Mr. Lundquist and then forwarded when he is neither an officer of either of these not for profit corporations is yet to be determined. {20}

This investigation is far from over, there are still too many unanswered questions. Mainly how much money was received into this Not For Profit and where did all of the money go? Where are all of the Income Tax Returns and the Bank statements to match. What do the bylaws state? Why all the hostility in opening your financial records for everyone to examine? Maybe you can get the answers, or maybe you will get the same lack of cooperation.

If you believe that all of these mistakes are the innocent uneducated actions of good people I would direct you to the past.

Ask Mrs. Lougee about the financial problems with her association as a corporate officer with yet another Not For Profit Corporation operating under the names "Oviedo Lions Youth Football Club, Inc." also known as the "Pop Warner Little Scholars, Inc." And while you are speaking with Mrs. Lougee ask her to explain the Internal Revenue Service Penalties for Failure to File Income Tax Returns which has resulted in a $49,866.60 fine. Ask her where the money will come from to pay for the fines, lawyers and accountants. {21}

More on this story to come.

As for me, I will get the answers. It just takes time.

CLICK ON THE BELOW SUPPPORTING DOCUMENTS:

{1} Florida Department of State , Division of Corporations
{2} Orlando Sentinel Article 3-30-2010
{3} Florida Constitution Article 7, Sec. 10
{4} Email June 22, 2011 , Karen Ponder
{5} Email June 29, 2011, Ned Julian
{6} Solicitations of Contributions , Department of Agriculture and Consumer Services
{7} Request dated June 29, 2011 from Jeffrey K. Frazier
{8} Email June 30, 2011, Ned Julian
{9} Corporation Annual Report Dated 04-27-2011
{10} July 5, 2011 letter from Linda S. Lougee
{11} Email September 16, 2011, Ms. Force
{12} Department of Revenue July 20, 2011 & Department of Agriculture July 20, 2011
{13} July 20, 2011 Request to Mr. Allen
{14} August 26, 2011 Public records from Department of Agriculture
{15} Florida State Statute 496
{16} Florida Administrative Code Chapter 5J-7
{17} Florida State Statute 496.417
{18} Email September 30, 2011 to Ms. Long
{19} August 12, 2011 letter from Mrs. Lougee
{20} Email October 7, 2011, Robert Lundquist
{21} IRS Penalties $49,866.60

"All that is necessary for the triumph of evil is for good men to do nothing"
-Edmund Burke