UPDATE: Another look at a proposed exclusive supply agreement for animal adoption services in the Las Cruces area

Comment: Dona Aña County cautiously terminated its exclusive distribution agreement with Kelly Barker. (See Sunday columns April 11 and May 30, 2021.) Currently, Barker is still soliciting donations to her “nonprofit” Uncaged Paws, but is reportedly using her funds for other purposes.

Former employee Kathy Tarochione says she saw through Kelly. She has apologized to the people she helped attack Barker and is now ready to speak openly about Barker. (They bought and own a house together. Barker was understandably unresponsive to Tarochione’s candor. Tarochione recently moved out after accusing Barker of molesting the elderly.) Tarochione says Barker deposited a check from the nonprofit on their joint account to pay the mortgage. Barker’s bank records raise questions. People who consider donating deserve to know the truth, whatever it is.

Ms. Barker didn’t answer me in April and then told a third party that she would not speak on the advice of a lawyer. On September 1st, I wrote to her lawyer. Nothing. Five days later I wrote again. He replied and asked many detailed questions, most of them silly, an obvious delaying tactic. I replied quickly and answered the questions that were reasonable. He never offered anything to counter Tarochione’s revelations and other criticisms.

Regarding personal use of charitable funds, Barker’s attorney simply replied, “What does ‘for personal use’ mean?” If neither he nor his client knew about it, the charity could get into serious trouble. (Barker’s nonprofit no longer has a good reputation with the state, perhaps because it failed to submit the required documents.)

We knew that Ms. Barker had suffered a more than $ 50,000 fraud judgment in a Michigan court. More recently, one woman alleged in detail that Ms. Barker was fraudulent, claiming she lost more than $ 200,000. (There is some evidence, including a promissory note.) I was told by a wealthy Detroit businessman that he loaned Barker over a million and was betrayed. (As in the case of the fraud ruling, money going to Dubai was part of the story.)

Tarochione says Barker lied to the mortgage company by failing to disclose federal tax liens and the promissory note. I saw the lien and the note.

Tarochione also said that Barker was collecting unemployment benefits. Tarochione says when she asked Barker how she got unemployed because she was not employed, Barker said, “You don’t know.” A final collection letter from NM Workforce Solutions has warned Barker that the department will lay down a lien on its property and take other legal action in relation to the $ 18,274 it allegedly “overpaid”.

I believe the AG office is investigating Uncaged Paws for fraud. (That doesn’t necessarily mean Barker is guilty, just that complaints have been received.) Barker raised a COVID-19 EIDL loan and allegedly used some of the funds in an improper manner. One focus of the Economic Injury Disaster Loan Program is protecting employees, one of whom Uncaged Paws has none. Bank records appear to confirm Tarochione’s allegations that Barker used the EIDL loan for other purposes.

I cannot say that Ms. Barker is trying to defraud donors. I am not the DA. I cannot summon their files or force them to speak to me. People are making various allegations, various authorities are investigating or have warned them. Ms. Barker refused to deny or explain her conduct and her lawyer tried to mislead me with his letter of delay, even though he and Barker did not appear to have intended to openly discuss these matters.

Again, I cannot say how all these problems are to come out. I hope that when Barker has explanations or defenses, at some point she shares them.