Dec 07 2011

Got a Really Nasty Fight? Wayne Pacelle’s Your Man.

Note: Below is an open letter from Rick Berman, owner of Berman and Company (a public affairs firm) and executive director of the Center for Consumer Freedom (which runs HumaneWatch).

USA Today once did a feature on me titled “Got a Nasty Fight? Here’s Your Man.” I was flattered, fancying myself a kind of bare-knuckle-brawling advocate for free-market issues. But I realized last week that when it comes to “nasty,” I’m a novice. If you really want to learn something about how to wage a nasty (and I mean vicious) battle, look no further than Wayne Pacelle, CEO of The Humane Society of the United States (HSUS). In the past his organization has hired people to stalk and photograph me at my home, hired unemployed journalists to write hit pieces about me, filed erroneous and failed ethics complaints, and he has made reams of false and libelous claims about my organization’s motives and our funders. But recently he’s taken his personal brand of intimidation and harassment to a whole new level.

Last week a new animal advocacy group called the Humane Society for Shelter Pets (HSSP) jumped onto the scene with a high-profile advertising campaign asking people to give to their local pet shelters instead of to national groups that give the impression of helping shelters, but don’t pass more than a pittance of the money along. I’m proud to say that my firm, Berman and Company, helped get this excellent group off the ground by providing substantial pro bono PR and operational services. The group is managed by two long-time animal advocates, Jeff Douglas, who has 30 years of experience promoting veterinarians, and Diana Culp, the former director of education for Humane Society of the United States who now works at a local animal shelter. The group’s Board of Directors is chaired by Debbie Price, Director of Education and Policy at one of the nation’s largest non-profit groups

You’d think that this venerable team coming together in an organization devoted to encouraging funding local pet shelters wouldn’t be controversial. Unfortunately for the group, Wayne Pacelle does not like competition. He was apoplectic at the notion that people would forego giving to his behemoth organization in favor of local shelters and irate that a pet shelter group was pointing out that HSUS—despite more than 85 percent of the animals in their ads being dogs and cats—gives only 1 percent of the money it raises to local pet shelters.

Rather than respond directly to HSSP’s concerns, Mr. Pacelle has lashed out wildly against me, my firm, and the non-profits my firm manages, writing on his blog:

In forming his new group, [Rick Berman] hasn’t come out and said he likes cruelty. He’s hoping you forgot his efforts to defend sealing, puppy mills, and other forms of abuse. But today, by saying all animal welfare money should go to animal shelters, he’s saying that no money should go to combat puppy mills, animal fighting ventures, factory farms, captive hunts, the exotic animal trade, the fur trade, or other animal welfare problems. 

First of all, HSSP isn’t my group. While my firm has in the past established a number of non-profits (most of which are 15-20 years old) to educate the public on free-market issues, this group is different. My firm simply wanted to help this shelter organization get off the ground and so we donated over 1,000 hours of our time to its efforts. Check its 990’s (publicly available tax returns). Wayne Pacelle is simply trying to change the conversation.

Also, no matter how many times Wayne Pacelle claims that I or any organization affiliated with me defends or is funded by cock fighters, etc., won’t make it true. I don’t defend animal abusers, but one of my firm’s managed non-profits does defend farmers. As far as I’m concerned, farmers are not animal abusers.

As has been said to Mr. Pacelle in the cease and desist that was sent to him and his Board of Directors, the allegations related to sealers, puppy millers, cock fighters, etc., are entirely false. Neither I, nor any Berman and Company-managed organization gets money from any of these groups, nor do we defend them. Mr. Pacelle is aware that he is making false and defamatory statements against me, my firm and its non-profit clients, and yet he continues to do so with a wanton disregard for the truth. And frankly, by doing so he puts HSUS in legal peril. (Ironically, the only known animal abuser in the mix here is actually a partner of Pacelle and HSUS: Convicted dogfighting kingpin Michael Vick. Pacelle has even said that Vick “would do a good job as a pet owner.”)

Finally, not I, nor any of the organizations managed by my firm have ever said that “no money should go to combat puppy mills, animal fighting ventures, factory farms, captive hunts, the exotic animal trade, the fur trade, or other animal welfare problems.” What we are saying is that donors should be clear about where their money is going. If people want to support HSUS’s animal-rights (as distinct from animal-welfare), anti-meat agenda, then by all means do so. But 71 percent of the public believes that HSUS is an umbrella group for local shelters and HSUS actively perpetuates this confusion by running emotionally manipulative advertising campaigns in which 85 percent of the images are of dogs and cats. HSUS is using its largess to purposefully confuse people about what it does and where its money goes. I thought it was worth my firm’s time to donate our help to an organization that would set the record straight about HSUS and encourage people to give local. That type of “record setting” is what this firm does every day over a wide range of issues.

This new organization does not collect money from the public and, like I said, much of my firm’s work has been pro bono. So all of Wayne’s wailing that there is some personal enrichment on my end is bogus. Any inquiry from the IRS about our work has been answered completely and allowed us to remain in good standing.

Since HSSP launched, it has been welcomed warmly by the shelter community, with over 500 shelters signing on immediately to the HSSP mission of educating the public. Pacelle on the other hand has gone nuclear to keep people from hearing the truth about HSUS’s deceptive advertising campaign. In fact, HSUS has done so many terrible things in the last week that I have to enumerate them in bullet format:

  • HSUS is harassing and intimidating HSSP’s co-director Didi Culp at her place of work. Because she used to work for them, they are most threatened by what she has to say. They have gone so far as to file baseless ethics complaints against her in order to intimidate her into silence.
  • HSUS is reaching out to its network of animal rights bloggers to repeat the false and defamatory claims about me across the internet, even going so far as to use information about my children and family. These bloggers are also encouraging people to file false claims against HSSP with the Federal Trade Commission.
  • HSUS and their animal rights minions have started several websites attacking me and people on my staff, both current and former.
  • Following the HSSP launch, one of the websites managed by my firm was mysteriously hacked and modified to include a virus. I can’t say for certain that this is HSUS or someone in the broader animal rights community, but it’s a mighty coincidence.
  • Pacelle has referred to me publicly as a “con man” and the “king of charity fraud” among other libelous statements. Furthermore, he keeps referring to me as a tobacco lobbyist and alleging that I tell people that “smoking is fine,” despite knowing full well that I haven’t done any work on tobacco issues in over a decade—and when I did it was related to retaining separated smoking sections in restaurants. I never told anyone that “smoking is fine” with regard to the health impact.
  • Pacelle’s favorite scurrilous claim is that I pocket the “lion’s share” of “90 percent of funds that wash through [my] other misnamed ‘charities.’” First of all, Mr. Pacelle is getting cute with the word “charities” here. The organizations that Berman and Company manages are non-profit groups and trade associations that educate the public about various issues. This is a typical Wayne Pacelle straw man. Second, Berman and Company doesn’t “wash” the money, it bills the money for services  rendered. And it’s nonsense that the “lion’s share” goes to me. Like any business, the money goes to pay the staff’s salaries, keep the lights on, pay for advertising, etc…

And that’s Wayne Pacelle’s whole game. Rather than fight about the facts or ideas, he strips every position I’ve ever taken of its nuance and presents it out of context. So when he says that I “defend drunk driving” and “fight MADD,” the truth is that the Berman and Company-managed American Beverage Institute (ABI) has legitimate disagreements with MADD over policy issues. And on many of those issues, the founder of MADD—who I worked with for years—is in agreement with ABI.

Unfortunately for Wayne, people will be distracted by this personal attack approach for only so long. Eventually he’ll have to answer for his organization’s dishonest advertising and fundraising campaigns and explain to the American public why he gets them to give HSUS money with pictures of sad dogs and cats, but gives 1 penny on the dollar to local shelters. And if I were him, I would stop telling reporters that HSUS’s TV ads contain a disclaimer that HSUS isn’t associated with local pet shelters. We looked at all of their ads over the past two years, and over 90 percent of them don’t have a disclaimer on them. And the ones that do require a magnifying glass to understand.

The Humane Society for Shelter Pets is an exciting new organization with important goals. At the end of the day, this new group is going to succeed in getting the word out about the importance of giving to your local shelter and the American public is going to realize that HSUS is altogether different from local humane societies—despite its best efforts at brand confusion. So no matter how nasty Wayne and HSUS get, they won’t stop me from being proud of my contribution to this excellent new organization and he won’t be able to stop its leadership from excelling. And that’s all that matters.

Posted on 12/07/2011 at 04:50 PM by the HumaneWatch Team

Announcements • (28) Comments

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On the plus side, Mr. Berman, you have proof positive in the vitrol of Wacky Wayne’s attacks as to exactly how successful HumaneWatch has been at exposing H$U$...

Posted by BADKarma on 12/07 at 07:19 PM

Well said Mr Berman, and thank you for donating your company’s time to a worthwhile program like Humane Society For Shelter Pets! It’s about time someone got the concept right!

Those attack sites you mentioned don’t just go after your employees- several participants at Humane Watch have been targeted as well, myself included.  Next time you have a chat with S’Ain’t Wayne, would you remind him and his rabid little bunch of followers to at least get their facts straight, bc according to some of them, I’m drawing a huge paycheck from you (not that I wouldn’t mind one, being unemployed over the holidays stinks). I’d appreciate it smile

Thank you again for founding HumaneWatch and giving all of us concerned about the deceptive activities of HSUS a place to gather and work together.

Posted by Dannielle Romeo on 12/07 at 07:27 PM

I have only heard rumors about the HSUS and am sad to think that I donate a lot (to me) of money to this cause, thinking that out local shelters and pet charities will have help.
Once again, it sounds like another rich CEO is not doing the job that he should be doing. 
I donate to help the animals, all animals.  I am glad to have this information out so that we as the public and people who donate will know.
I will look forward to information from The Humane Society for Shelter Pets… Knowing that my money is going local will be a great feeling.
Colleen Baird
Salt Lake City,  Utah 84116

Posted by Colleen Baird on 12/07 at 07:31 PM

As a person that works many many volunteer hours with the Clearwater Humane Society in Orofino I feel I can speak my piece here.  The HSUS is way out of line here.  We have bakes sales, car washes, and any other fund raisers we can to make sure every animal that comes into our care gets a forever home.  The Petco Foundation has been wonderful to us.  We bring the animals to Petco every Saturday for their adopt-a-thons.  This allows people to come in and meet their new life time friend.  We don’t have a shelter so all animals are in foster homes.  Thousands have been spent on a single animals to get it healthy.  I thank God for the generousity of our community and volunteers.  And Michael Vick?  My team is the Seahawks and I refused to even watch the game when they played them.  He is a convicted animal abuser.

Posted by Trish on 12/07 at 08:14 PM

You cannot buy your way into first class; nor can you use frequent flyer miles. The only way to earn an upgrade is to be a mensch.
~~Guy Kawasaki

Posted by Jackie K on 12/07 at 08:43 PM

Yes Sir"thats all that matters”. But what about H$U$ fiddling around with legislation and legislators thats against the fed. law!! They need to be nailed for that.

Posted by Regan h on 12/07 at 09:14 PM

Way to go!  Brilliant response!

While Wayne is clearly obsessed with CCF and HumaneWatch, the inconvenient truth is that his shady charity is being attacked from many angles, including the legitimate animal welfare community.  HSSP and the shelters it will represent are far from the only threat to their well-crafted facade.  Critics include Nathan Winograd and the No-Kill sheltering community, pet shelters from coast to coast, widely-read animal welfare bloggers, the Humane Farming Association, and animal groups in Missouri that worked to improve Proposition B, despite Pacelle’s arrogant opposition.

Wayne would never admit it, but 2011 has been a terrible year for HSUS (and for his colleague Michael Vick.) In addition to their Prop B debacle, there were defeats and setbacks involving horse slaughter, hunting, the Buckeye compromise, the lawsuit against Ringling Brothers, and the Denisa Mallot case.
Nebraska is kicking their butt, Alaska’s Rep. Don Young refused a Humane Legislator award, key senior staff members fled to other animal organizations and Charitywatch downgraded HSUS from a C- to a D.  The Center for Consumer Freedom is a convenient target, but Pacelle has a lot more he needs to worry - and do something about.  Something besides libel, threats, and harassment.

Not only was HSUS defeated, exposed and excoriated this year, it accomplished very little on behalf of the animals they claim to care about.  In order to hide that reality, Pacelle grossly inflates the number of animals HSUS helped, stealing credit, public recognition and fundraising opportunities from ethical charities. Now HSUS is wasting taxpayer-subsidized contributions filing a dubious complaint with the Securities and Exchange Commission against the Smithfield Company…for “false and/or misleading representations.”

Keep up the great work.

Posted by SJ on 12/07 at 09:17 PM

Wayne doth protest too much, methinks.

He is acting like a desperate man trying ardently to defend the indefensible. The hsus has gotten to big for it’s britches and it is showing things that they don’t want seen.

Posted by Janine on 12/07 at 09:46 PM

I did notice something wrong with the CCF website and was right to suspect hacking. It’s shocking to see the kinds of lows the animal rights activists will stoop to. Hypocrisy (PETA) and terrorism (SHAC, ALF, and too many others to count), that’s the name of there game and I think we should stop playing. Activists are quick to harass and intimidate any opposition that poses a threat to their agenda, throwing ugly insults at their targets like random objects found around the house. I would like to see that the big bad groups like PETA and HSUS meet their ultimate downfall and see the major extremists behind bars, and I see that day coming soon.

To those who pay attention to my (lengthy) comment, I would like to hear what do you think was the worst the animal rights movement has ever done.

I hope for your safety Mr. Berman. I am amazed to see that you haven’t given up, despite the pain these AR extremists put you through.

Posted by Victor Phillips on 12/07 at 09:51 PM

THE HUMANE SOCIETY IS AS DIRTY AS POLITICS..THEY USE WORDS THAT ARE SOFT,EASY AND KIND HOWEVER THE FACT THAT THE BIG DOGS KEEP ALL THE MONEY AND THE PETS GET THEIR LOUSY LITTLE BIT IS SICKENING. THEY CAN LIE AND LIE AND LIE BUT ANYONE WHO HAS READ ABOUT THEM KNOWS WHAT THEY ARE. I REFUSE TO PAY ANY MAN THE WAGES WAYNE GETS BECAUSE HE IS NOT WORTH A FOURTH OF IT. GOD HELP ALL THE ANIMAL THEY ARE INVOLVED WITH BECAUSE THEY DO NOT STAND A WHITE MANS CHANCE IN HELL OF EVER COMING OUT ON TOP.THE HUMANE SOCIETY IS NOT THE RIGHT NAME. IT SHOULD BE THE INHUMANE SOCIETY THAT WOULD FIT THE PICTURE BETTER.

Posted by LINDA JETTER on 12/07 at 10:08 PM

I may have found a new hero! Thank you Mr. Berman!

This is one of the most articulate rebuttals to Pacelle’s vitriolic (and inaccurate) diatribes I’ve ever seen.

And thanks HW!

Posted by Lynn on 12/07 at 10:19 PM

Please continue to do the great job you have done exposing HSUS for what they truly are: a factory fundraising organization. Pacelle never has true facts. You should be very proud of what you are doing because you have Pacelle flustered and mad. He does not handle being beat at his own game. Poor whiney Wayne.

Posted by Barb York on 12/07 at 11:06 PM

It is heartening to see how desperate Wayne Pacelle is becoming. We can only hope that his time with HSUS is drawing to a close. Congratulations on your great work for an excellent organization, HSSP. I am gratified that these courageous people have stuck their collective necks out in support of the shelter community, and have braved the terrible risk of exposing the sleazy practices of HSUS, Wayne in particular. If HSUS were a for-profit business, behaving as they do, they would be in court for years to come. I used to donate to HSUS, but about 20 years ago I began to suspect ulterior motives and financial shenanigans, not good for animals. I felt quite alone, back then. For the life of me, I cannot understand why it has taken so long for Americans to ‘get it’, but maybe I am just being impatient.

It might be tough for all right now, but there are rewards for being on the side of the angels. Hang in there.

Posted by chienblanc4csi on 12/07 at 11:26 PM

If all the BIG SHOTS really did give a flip about abandoned animals, or abused animals you would spay or nuter strays as well as pets of low income people FREE OF CHARGE!!!!!  Otherwise, you are not really helping any animals a all.  Put good works where they are needed, not feeding your own egos!!!  Shame on BOTH of you!!  If I were a abandoned animal I hope to god I could be found and cared for by one of these animal saints who run a rescue, spay or nuter the,, chip them, give them food water and fellowship, even love when they find extra time. Would be nice just to be warm, fed, out of traffic, not lost or disoriented on a cold winters night!!! THANK GOD FOR THE PEOPLE WHO RESCUE THE ANIMALS, NPT TAKING PENNY FROM ANYONE, EXCEPTION OF A GROUP RATE SOMETIMES FROM OTHER SPECIAL PEOPLE!!!  THANK GOD ALSO FOR THE VOLENTEERS WHO HELP THE RESCUERS OUT EACH WEEK, BECAUSE THEY CARE!!! These people finding Sponcers and even homes for a lot of these lucky babies!!!

Posted by Cathy Keasling on 12/07 at 11:29 PM

Thank you Mr. Berman for setting the record straight. Hurrah for the HSSP and for those who actually do help shelter animals.
Let the truth ring out!

Posted by Geneva Coats on 12/07 at 11:32 PM

HSUS doesn’t stand the light of the truth very well at all. That organization pays the top poeple big bucks and gives next to nothing to the actual animals they portray as helping. HSUS IS A SHAM and a SCAM. Please give to your local shelter, the money is really needed and well spent on animals in need.

Posted by Phyllis C on 12/08 at 01:52 AM

EXCELLENT POST! Mr. Berman, you are more than a match for whiney Wayne—in words, deeds, and in resources. Pacelle (and therefore the H$U$) continues to stoop to lower depths of misinformation, disinformation, defamation, and outright lying in order to attempt to deceive the public. Now, if *legislators* would only “get it” and outright reject the AR lies!

Posted by Marcy on 12/08 at 03:02 AM

Why not use Pacelle’s own tactics here and clean this fight off down to it’s core. Pacelle wants donors to give him money to support him, his organization and it’s goals without telling anyone what that actually is. He wants to fool people into giving him money by saying it is for the care of the puppies and kitties that he shows in the ads. The truth be told now. Your organization does not want donors to send you any money. You want them to send it to the shelters and rescues that actually do the hands on work of caring for the animals the donors think they are giving to save. The donors are being lied to and cheated. How difficult is this to understand? Not hard at all. Pacelle’s just upset that the truth is getting out and it’s hurting his big bank account. We have come a long way in spreading the truth. His ego has to be getting bruised when he thought he was so charasmatic that no one would see that he’s just another flim flam man. Now he’s in legal trouble, too and that has to be even more threatening but still not enough for him to change his ways. How hard would it be for him to say, “hey, I misunderstood how the donors felt about how the money is being spent and since I see what their intentions have been, I’ll start sending the money on to where the donors intended.” We know that is not going to happen until he is forced into it. He may not even be the CEO when that happens but it is going to. Keep the heat on. When he starts trying to manipulate you know you are hitting a nerve again so keep the heat on.

Posted by Gayla Templeton on 12/08 at 07:06 AM

Nice story!  I will definitely promote HSSP as much as I can. I am one who did not believe that HSUS gives so little money to local shelters.  When I actually did my research and found out it was true, I was shocked.  They will never get a penny of my money!

Posted by Lisa Jackson on 12/08 at 08:12 AM

someone had to expose the HSUS for what they really are.THANK YOU….no one should support the HSUS they are the biggest misconception in the animal welfare business

Posted by linda h on 12/08 at 10:13 AM

Well done article.  Pacelle’s wordsmithing and down right lies never seem to get media attention.  HSUS government and media infiltration and influence goes beyond reason unless you factor in their huge finance reserves. We don’t even consider their world wide influence with affiliates and puppet AR groups around the world.  If we were ever to get a handle on that income it would be mind boggling. 

Keep up the good work. Your letter should be printed in every newspaper that publishes HSUS’s distortions and lies. Regrettably that won’t happen.

Dennis Foster

Posted by Dennis Foster on 12/08 at 11:22 AM

I’m excited to here about the forming of HSSP and will look into them further. I’ve always supported pet shelters and think that they do a wonderful service by allowing abused or neglected animals a second chance. Finally, we have an organization that is dedicated to helping the shelters and not making everyone a vegan. I’m a farmer from Missouri so I know first hand from Prop B how evil and manipulative HSUS can be. By the way I’m proud to report that we got Prop B amended this year so I hope HSUS is paying attention because we’re not taking all this laying down anymore.

Posted by Treyvor Umbarger on 12/08 at 12:21 PM

What a great post, Mr Berman.  The list of terrible things HSUS has done in the last week, which you enumerated in bullet format, just makes me cringe. The “Hypocritical Society of the United States” should be the new name for HSUS.

Thank goodness for Humanewatch.org, for you Mr. Berman and for the Humane Society for Shelter Pets (HSSP).  It is great to have websites offering the truth about HSUS.  People can now donate to their local groups and know the donation is going to actually help animals.

Be careful, Mr. Berman.  Take care and protect yourself and your family; if you were not aware before, you are now aware of just how low Pacelle and the HSUS can stoop to hurt anyone who opposes them.

Posted by Anne Edwards on 12/08 at 01:11 PM

Keep up the *GREAT* work. As others have said, it’s been an unhappy year for HSUS and they are freaking out. His house of cards is beginning to crumble…

Posted by EM on 12/08 at 02:25 PM

I’ve recently read an article giving the HSUS a “D” grade on it’s report card, mainly because so little of the $$ donated to it goes to the care of the animals.  Wonder what Mr. Wayne would have to say about that?  Perhaps it’s HE who’s lining his pockets.

Posted by Sherry on 12/08 at 02:57 PM

Remember HSUS’s greatest enemy is the truth about HSUS. Keep up the good work.  THE TRUTH SHALL SET US FREE—from HSUS.

Posted by Charlie on 12/09 at 01:20 AM

That is so right Charlie!  I spread the truth every chance I get, which is often.
Please be safe and keep your family and staff safe.  It just goes to show what low life types the AR crowd is, that they would threaten you and yours personally, instead of sticking to the issues at hand.  It takes a low class of people to do that, for sure.  I admire you for only taking the high road, fighting these people with truth.

Posted by Long Time Dog Owner on 12/12 at 07:20 PM

@ Cathy Keasling - Just think, if the money that HSUS is using to lobby for laws limiting animal ownership and crippling livestock agriculture could be spent on the projects, how much better off the animals would be.

Just give that a think. The reason there is so little funding for those things is that HSUS (and their fellow AR organizations) is taking the money AWAY from those projects.

AR organizations oppose no-kill sheltering, too.

Seriously - just think it over.

Posted by Lynn on 02/28 at 05:40 PM

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