Kind of a Sad Story

Dona Aña County prudently aborted its sole-source deal with Kelly Barker. (See Sunday columns April 11 and May 30, 2021.) Currently, Barker is still soliciting donations to her “nonprofit,” Uncaged Paws, but allegedly using its funds for other purposes.

Former associate Kathy Tarochione says she’s seen through Kelly. She’s apologized to people she helped Barker attack, and is now willing to talk frankly about Barker. (They bought and own a house together. Barker – understandably – reacted badly to Tarochione’s candor. Tarochione recently moved out, after accusing Barker of elder abuse.) Tarochione says Barker deposited a check from the nonprofit into their joint account for paying the mortgage. Barker’s bank records raise questions. People considering donating deserve to know the truth, whatever it is.

Ms. Barker didn’t respond to me in April, then told a third-party she wouldn’t talk, on advice of counsel. September 1st, I wrote her lawyer. Nothing. Five days later I wrote again. He responded asking many detailed questions, most silly, an obvious delay tactic. I quickly responded, answering the questions that were reasonable. He never offered anything to counter Tarochione’s revelations and other criticism.

Regarding personal use of nonprofit funds, Barker’s lawyer replied only, “What does ‘for personal purposes’ mean?” If neither he nor his client knows, the nonprofit might be in serious trouble. (Barker’s nonprofit is no longer in good standing with the State, perhaps for not filing required documents.)

We’d known Ms. Barker suffered a $50,000+ fraud judgment in a Michigan court. More recently, a woman alleged in detail a course of fraudulent conduct by Ms. Barker, claiming to be out more than $200,000. (There’s some evidence, including a promissory note.) A wealthy Detroit businessman told me he loaned Barker upwards of a million and got scammed. (As with the fraud judgment case, 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’ve seen the lien and note.

Tarochione also said Barker was collecting unemployment. Tarochione says when she asked Barker how she got unemployment, not having been employed, Barker said, “They don’t know that.” A “Final Collection Letter” from NM Workforce Solutions has warned Barker the Department will record a lien against her property and may take other legal action regarding the $18,274 it says was “overpaid” to her.

I believe the AG’s Office is investigating Uncaged Paws for fraud. (That does not necessarily mean Barker is guilty, but only that complaints have been received.) Barker procured a COVID-19 EIDL loan, and allegedly used some of the funds in impermissible ways. One focus of the Economic Injury Disaster Loan Program is protecting employees, of which Uncaged Paws has none. Bank records appear to confirm Tarochione’s charge that Barker used the EIDL loan for other purposes.

I can’t say Ms. Barker is trying to defraud donors. I’m not the DA. I can’t subpoena her records, or force her to talk to me. People are making various allegations, and various authorities are investigating her or have warned her. Ms. Barker has refused to deny or explain her conduct, and her lawyer tried to mislead me with his stalling letter, when Barker and he apparently had no intention of frankly discussing these matters.

Again, I can’t say how all these issues should come out. I hope that if Barker has explanations or defenses she shares them some time.

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[The above column appeared this morning, Sunday, 19 September 2021, in the Las Cruces Sun-News, as well as on the newspaper's website on the newspaper's website and KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and KTAL-LP. (101.5 FM or http://www.lccommunityradio.org/), and will presently be available on demand on KRWG’s site.]

[This is the sort of column I’d prefer not to write. Writing it, I’d have liked to hear from Ms. Barker her side of events. No one knows how often, before publishing a column, I hear additional facts or a different slant and significantly modify the draft column. In situations like this, where someone either has nothing to say, doesn’t think what s/he’ll say can withstand a few questions, or thinks I’m evil, I try to make allowances. I always try to look at documents and people’s accounts critically. After Kathy “stopped drinking the Kool-Aid” and became willing to talk about Kelly, I listened critically; but most everything she said she had a document to back up. And I know few people who have suffered a judgment for defrauding people, and few people regarding whom I’ve heard so very many accounts involving carelessness or dishonesty. (By the way, for more context, see my two earlier columns: "Some Concerns about Dogs" (11April) and "Barkhouse Walks, but Sole-Source Process Raises Questions about County Management" (30 May).

The County worked on a sole-source contract with Ms. Barker to do important work spaying and neutering strays and flying puppies to other states. At first, when folks unearthed documents from her past and gave sometimes moving accounts of her conduct, county management at first seemed inclined to circle the wagons against critics, with Ms. Barker inside, but didn’t do that, partly because problems surfaced. Kathy also reports dismissing a lot of the evidence critics provided as just other dog rescuers who were jealous. (One acquaintance wrote me that Kathy was apologizing on-line on Next Door, but also that she had a lot to apologize for. At least initially, he didn’t trust her apology.  It's worth noting that Kelly and Kathy apparently had met only on line until this year, when Kelly invited Kathy to move here, work with her, and buy a house together.) By the way, Kathy Tarochione has resumed podcasting, at https://m.facebook.com/nmcareslive.) 

Kelly must be a terribly persuasive person. Whether it’s the intense loyalty she generated in people here in the short time she’s been here, or the apparent willingness of otherwise sensible people to lend (or invest money with) her on questionable deals, she’s got something. And I’d like to think that her repeated ventures into the non-profit world (from “Global Flying Hospitals,” which the documents say was formed to fly people from other countries to hospitals, to “Uncaged Paws,” which flies dogs to new homes are meant to do some good. Contributors say she does some good.  Although one source quotes Ms. Barker as saying, early in her time here, “I don’t care so much about dogs, I’m a businesswoman,” a county employee who dealt with her, while wishing the county had done more research before working on a contract with Ms. Barker, says “she really loves dogs, I’ll say that!”

All interesting, but sad.]