Posted by Gary Ricin on 10/24/07

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TWO CONFLICTS OF INTEREST PER NAF “ARBITRATIONS”

1. One interesting secret connection between NAF and MBNA
is found in the person of NAF’s new COO, Michael Kelly.

Michael Kelly used to work for a lawyer's firm called
Faegre and Benson, which did $215,931 worth of work in
2005 for a “Charity” called Scholarship America Inc. Like
Faegre and NAF, this “charity” is based in Minnesota.

Scholarship America is pretty much an MBNA charity, and it
is substantially funded by the “MBNA Foundation.”

The NAF’s own Web site confirms that Kelly was once an
employee of Faegre & Benson, which received substantial
amounts of money from MBNA.

But the NAF does not mention MBNA’s connection to Faegre &
Benson (and thus to Kelly) nor faegre & Benson's extensive
work for MBNA, because doing so would reveal the obvious
conflict of interest in having someone who was paid by
MBNA – NAF’s biggest repeat customer – operating a company
(NAF) that is supposed to objectively resolve issues
involving MBNA.

According to NAF’s Web Site: “Prior to joining the
National Arbitration Forum, [Michael] Kelly was … a
partner with Minneapolis law firm Faegre & Benson.”

2. This guy:

Richard Wharton

...of 2660 San Marcos Avenue, San Diego, CA 92104

... is a so-called “independent” arbitrator for the NAF.

However, according to US tax returns (which can be
accessed on www.guidestar.org – free registration
required) he is also on the board of directors for the
Institute for Advanced Alternative Dispute Resolution

This Institution is a not-for profit arm of the NAF

President of that board is Roger Haydock, founder of the
NAF.

(Also, both the NAF and the Institute have the same
address: 6465 Wayzata Blvd #500, St Louis Park, MN, 55426 )

Clearly, as an officer for NAF, and not, as advertised, an
independant arbitrator, Mr. Wharton shares NAF’s interest
in seeing repeat customers satisfied at the expense of
consumer debtors.

The other members of the NAF-run Institute’s board are:

Howard Reben
PO Box 7060
Portland ME

Michael West
492 Beacon Street
Boston, MA 02115

Joyce Wharton
2660 San Marcos Avenue
San Diego CA 92104

Re: NAF Conflicts of Interests, 10/25/07, by -.

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