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Inquiry USARK/Andrew Wyatt, What's the story?

Quoted from elsewhere:

At the NARBC Anaheim show in September of 2012 I was told by Brian Potter about the record search that was pulled on Ken Foose and what it contained. I was told at the time by Brian that Justin Mietz had mentioned to Erika Walsh that Ken had a criminal past and then Erika pulled Ken's records and found a disturbing criminal past. I told Ken about this information the day after the Anaheim show on our way to Baja, Mexico.
Ken then told me that this info was wrong and the record was erroneous. I communicated this via an email to Brian Potter from Mexico that same day. As you could imagine Ken and his wife Kim were quite upset and contacted Gary Bagnell, a USARK Board Member and Keith Morris from Zoo Med, as soon as they were able. I am told Ken filled them in on all the details of what went down. At this point to what I was told the only people that knew about this erroneous information about Ken was Brian Potter, Andrew Wyatt, Erika Walsh and I. Now of course Gary and Keith were made aware of this as well. A USARK board meeting was immediately planned to happen during the Tinley Park NARBC show to address this situation and how to deal with it.

On 10-12-12 the day of set up in Tinley Park Andrew Wyatt told Kim Lucas from Gorgeous Gecko that Ken Foose was a convicted sex offender. Kim Lucas waited until Saturday evening 10-13-12 to tell Kim Bell out of concern about an upcoming trip Kim Lucas was going to take with Ken Foose and her children to Peru. Kim Lucas told Kim Bell that she was concerned for John Mack's son and John’s girlfriend’s two kids that were going on the trip as well with Ken and was distraught on her promise to Andrew not to tell anyone of what she was told and what she should do.

Kim Bell then immediately texted me to come to the bar. I finished the PIJAC/USARK auction and went to the bar to get filled in. I then texted Brian Potter to come to the bar and then we both confronted Kim Lucas who was also there at the hotel bar to get all the details of what was said by Andrew. I could speculate on why Andrew did this but this would be no better than what most people are doing on the internet currently. Brian Potter contacted Erika Walsh on Saturday night to fill her in on what had happened as the erroneous information originally came from her. Erika contacted Andrew and when she asked him about the statement he made to Kim Lucas Andrew said he would not discuss it. This is what Erika told Brian Potter and I.

Sunday morning 10-14-12 I approached Todd Goodman, a USARK board member, and filled him in. He then contacted Keith Morris and Gary Bagnell, not sure which order as Gary was on vacation. Needless to say Todd was incredibly upset over this news. Both Brian and I told Todd that Andrew needed to be sent home by USARK. After my conversation with Todd, I then discussed with Brian and Erika in our show office Sunday morning what was going to happen and how this would be dealt with including sending Andrew home.
We were all very upset over what this could have done to Ken and what is would most definitely do to the industry. All three of us came to the same conclusion that Andrew would have to be fired over it.

Now back to Todd. As the day progressed and Andrew was still there Brian and I approached Todd on several occasions to see what the holdup was on Andrew still being there. I was later told by Keith Morris that Gary had been calling Andrew's cell but Andrew would not answer. Gary finally instructed Keith to go over to Andrew and send him home. I was told by Keith personally that day it was done. I also saw Andrew leave the building before the end of the day.

My take on this whole story

There was some inaccurate criminal information on Ken Foose's record that was found out by Erika Walsh and she told it to Andrew Wyatt and Brian Potter.

My opinion is she did not do this to harm Ken but did this out of due diligence of what she felt was right. I do not agree with what Erika did but I do believe she meant no harm by it. I was later told that she helped to remove the erroneous information from Ken's record.

Erika has said on the internet in many places that Andrew was not asked to leave the show that day by a USARK board member. Erika knew that this was not accurate as she was in on all the details throughout the day Andrew was asked to leave. Erika's statement that, "a USARK board member did not send Andrew home",because Keith sent Andrew home and Keith was not a USARK board member is technically correct. Erika's statements purposely misled the public to false information. Gary instructed Keith to do this therefor a USARK board member did send Andrew home. Brian and I would have sent Andrew home if USARK did not, but USARK did send Andrew home. Want to make this crystal clear.

Andrew Wyatt, as far as I know, was not at fault what so ever in any detail of this story until 10-12-12 on Friday where he did the unthinkable and slandered someone with horrific information that he knew to be untrue. He later agrees to resign from USARK and denies/misleads the public on his interviews that he left USARK for philosophical differences implying that now he can devote his time towards large constrictors, crocodilians and venomous reptiles. In my opinion, most people came to the conclusion that his hands were tied by the USARK board in defending large constrictors, venomous and crocodilians and he chose not to correct that assumption. This assumption by some on the internet may help him fund his knew organization and he knew that.

Over the last couple of years I have found myself at odds with the constant negative incorrect information given to the public by Andrew Wyatt about how horrible PIJAC is. Many of the people out there that are up in arms about how PIJAC is not on our side is all because of the years of misleading information put out there about PIJAC by Andrew. PIJAC is a strong, established, and respected organization that is a great advocate for the herp hobby. If PIJAC was so bad, Brian and I would not be helping to fund them. Brian and I are both very informed in the happenings of both USARK and PIJAC. I have no issues with multiple groups out there fighting for our rights to keep the reptiles we all love. Brian and I have been helping to fund this fight with the help of all the great people that donate to our auctions from the very beginning of NARBC 12 years ago. What we cannot do is constantly throw our brother organizations under the bus in an effort to make the other group look better and maybe get more funding.

I have never heard PETA say anything bad about HSUS, and I never will. They are far too professional for that. We need to put all this behind us and all work together and stop saying negative statements and lies about the people fighting for our rights and save all that energy for the true enemies of misinformation... the animal rights groups.

I plan to continue my support of USARK and PIJAC alone. If another effective group comes on the horizon that can help our industry they will have my full support as well.

Thank you,

Bob Ashley
NARBC, ECO Wear, and the Chiricahua Desert Museum
P.S. My main reptile interest is venomous reptiles.
 
First, I'd like to say thanks to Bob, Kim Bell and especially Kim Lucas. And second, I'd like to make one correction on what Bob posted.

Yes, Erika did a background check on me at the request of Justin Mietz. Yes, she found a man named Ken Foose who was convicted of child molesting. But she pulled up the wrong person. It was not me. Then she said it was the fault of the source. Then she said she "fixed" my record on the Internet. This is false. There was nothing to fix. I have no criminal record of any kind. She had the wrong guy. Then, once she realized her mistake, she tried to make it sound like she was helping me by "fixing" the mistake. This was stated to get her off the hook of telling people I'm a child molester. I'm not letting her off the hook. And Justin Meitz, you are not off the hook either. And Andrew, well, what can I say. I once called you my friend. I backed you up. I joined USARK and provided thousands of dollars in cash and product because of you. I never rocked the boat, and I kept to my own business. I never did anything to you, ever. We were friends. And this is what I get as a reward? Thanks pal. I'm far from done with you yet.
 

She got caught and spun it. Color me surprised.

She was a volunteer at USARK.......... who authorized her to run the check for USARK? Apparently not the Board.

I call BS on the information being incorrect and that she corrected it. The Foose in question was in jail and was 20 some years older than Ken. She's covering up an overreach and an overreaction on her part and she's doing it badly.

This spinning is a pattern with her and she's good at it. Only the extremely gullible will see it as otherwise.............
 
Erika seems to be saying that she found a record, a public record, of 'our' Ken.
She either did or she did not.
If it is a public record, then anyone else can find it. If no one else can find it, that would seem to mean that she is mistaken.
If she conveyed incorrect information, even to Wyatt, then she is accountable.
If she did convey such info, I do not see why she should be reticent about showing Wyatt or others in her circle the report, yet she says that no one but herself has seen it.
 

This is the post in case something happens to the link.

Date: Wed, 19 Sep 2012 10:30:43 -0700
From: Erika N. Walsh
Subject: The Current Situation
To: Brian Potter; Bob Ashley
CC: Andrew Wyatt

Bob and Brian,

I wanted to jump in here and to clear a few things up regarding the current situation.

First, regarding public records searches, I am an attorney and I do them all the time. I screen every prospective new client and opposing party. I ran public records searches on Potter, Wyatt and USARK before I ever got involved with the herp community. In Ohio, I ran public records searches on multiple business owners and screened many out before referencing them in testimony. The reasons for doing this I think are obvious. There are a lot of people with civil and/or criminal backgrounds that are relevant to legislative issues. I am not talking about DUIs or IRS liens. It is important to know if someone was convicted of a violent crime, a crime involving deception (fraud, embezzling, etc.) or a crime involving animals. Those kinds of people pose a risk to our goals of fighting legislation and we need to know that information before we are in the middle of an engagement. Rest assured, our opponents in these legislative battles have access to the same attorney databases I do. We would rather know in advance if we have an issue than to read about it in the newspaper.

When Ken Foose posted on Facebook that he wanted to lead the fight in NV for the time being without involvement from USARK, Wyatt backed his play. Wyatt has his plate full in Virginia and Washington DC at the moment and Senator Roberson is not going to introduce a bill until February. USARK has made no forays into NV as of this date and was not planning to do so until seeing what headway Foose could make there. (Notwithstanding the fact that we are getting many communications from members of the NV herp community and the exotic animal community to engage.)

As a matter of standard operating procedure, I did a public records search on Ken Foose. I do these all the time and usually never even discuss them with Wyatt. Foose's search turned up a number of criminal convictions. The record pulled was for Kenneth W. Foose, II, husband of Kimberly Foose, owner of Exotic Pets, birth date of 3/1959, both his home and business addresses listed, executive affiliation with Southern Nevada Herpetological Society. This *is* our Ken Foose, not his father.

I spoke to Wyatt about this information and he instructed me not to discuss it with anyone and to keep it to myself, which I did. Wyatt has discussed it with no one.

Justin Meitz later talked to me about the NV legislation. He said he had been hearing rumors from old timer herpers that Foose had had some legal entanglements and I told him I had heard the same. No specifics were discussed. Meitz has forwarded me his correspondence with Kim Foose from yesterday. All he told her was that he had heard rumors and I had asked him about those rumors.

I then raised the issue to Potter that I had done a public records search on Foose and it contained information that there were criminal convictions. When Potter asked me if Ashley should ask Foose, I said yes so that it could be cleared up and what he had to say. To this day, the only people with whom I have discussed this are Wyatt, Potter and Meitz (to the limited extent explained above). No one has seen the actual report except me. Wyatt does not even have it. Wyatt was cross with me for raising the issue to Potter and is furious with me now because of the way it has been blown out of proportion.

The idea that this information is somehow being manipulated to denigrate Foose by Wyatt, me or USARK is preposterous. To the contrary, it has been very much protected. If Foose has a complaint, it is against the public records that are available out there. If the information is incorrect, that is a terrible gaffe on the part of the records databases. Nonetheless, it is there. It is discoverable, and I am not the one who put it there. Think about it. If we wanted to discredit Foose, we could have removed the headers and released the report publicly and let it speak for itself. That was not done. It was not done because we protected the information and instead I chose to ask Brian about it.

I am still not going to disseminate this report, not even to this small group, because it will take on a life of its own. However, I have invited Potter to have lunch with me this week and I will show it to him so that he can see with his own eyes and make his own judgment. Frankly, Foose should be grateful that we brought this to his attention so that he can deal with it if necessary and that it has not been distributed or discussed beyond the circle I have described. Anyone else who knows about this at this point has been told by someone other than me or Wyatt.

If you have a question about this, please let me know directly.

Erika


If, at that point, no one had seen the report except Erika, how would Ken know that the picture in the report was not him, but the incarcerated 74 year old? If Ken saw it after she made the post, then wouldn't the picture have been "fixed" along with the misinformation?
 
Dave, that's an excellent question and a detail that is very convenient for Ms. Chen-Walsh.

What is also alarming is that she ran this background check apparently without Wyatt's knowledge, ostensibly on a tip from Meitz. I am now wondering if it is Meitz who is accusing PIJAC and the Nevada Herpers of compromising on the potential legislation in that state...............

Additional points to ponder:

(1) If he did order this, and her story is to give him cover, did the USARK Boards know that Wyatt was doing background checks on opponents and allies?

(2) If he didn't, under what authority was she acting? We have already established she was running around at this time telling everyone she was the VP when she wasn't.
 
Screenshot2013-01-20at115457AM_zps286396e3.png


Erika, where you there when Andrew allegedly told Kim about Ken?

If you were not, how can you address Kim's assertion?

Let's recap:

- You were not authorized by the USARK BOD to run background checks on ANYONE -correct?

- By your own account, no one saw the allegedly erroneous report but you.

- We have several people who are coming forward and claiming that Andrew discussed the pedophile issue with them after you allegedly cleared everything up.

There's no best case scenario for you here. You overstepped you authority and we have witnesses who are supporting Ken's account.
 
If what Erika is saying is that she had the report on 'our' Ken but the public record was actually incorrect, (not that she had the wrong man) it should be easy to corroborate.
Has anyone checked the public records? I do not think that it is possible for an attorney to simply go into the actual online public record database and change it, so if there was any error, it would still be there.
 
If what Erika is saying is that she had the report on 'our' Ken but the public record was actually incorrect, (not that she had the wrong man) it should be easy to corroborate.
Has anyone checked the public records? I do not think that it is possible for an attorney to simply go into the actual online public record database and change it, so if there was any error, it would still be there.

She is saying it was corrected at her request and that she was the only one who saw the erroneous version.

Which is very convenient.
 
She is saying it was corrected at her request and that she was the only one who saw the erroneous version.

Which is very convenient.

Could you please show mw where she said she corrected it, I apologize I've missed it. From what is attributed to her below:

If Foose has a complaint, it is against the public records that are available out there. If the information is incorrect, that is a terrible gaffe on the part of the records databases. Nonetheless, it is there. It is discoverable, and I am not the one who put it there.
 
Take a gander at the pillar of the reptile community - Andrew Wyatt, taunting Ken Foose. What are you threatening Ken with Wyatt?

Disgusting.
Screenshot2013-01-20at124428PM.png

Screenshot2013-01-20at124447PM.png

Screenshot2013-01-20at124503PM.png

Screenshot2013-01-20at124518PM.png

Screenshot2013-01-20at124536PM.png
 
It takes more than an attorney pointing out errors for database to be corrected. It would have to come from the courts. You would be hard pressed to find an error relating to an unknown person. Most errors are family members with very similar names
 
Also Posted on Herp Alliance
________________________________________

I (Erika Walsh) later disputed the incorrect information that was attached to Ken Foose in the public records and notified him that the erroneous information had been removed on his behalf at my request. The records of Ken Foose and his father, also named Kenneth W. Foose, had been combined in the public records databases.

From: Erika N. Walsh
Sent: Thursday, September 27, 2012 1:34 PM
To: Ken Foose
Subject: FW: Westlaw Criminal Records--Foose


Ken,

As I stated on the phone just now, below is the confirmation that I received from Westlaw about removing the erroneous information from your Westlaw profile.

With your permission, I will re-run the report in a week or so to make sure that it is handled properly from their end.

Thanks,

Erika

From: Thomson Reuters
Sent: Thursday, September 27, 2012 1:08 PM
To: Erika N. Walsh
Subject: Westlaw Criminal Records--Foose


Erika,

Would you assure Mr. Foose that we are removing the incorrect criminal records and they will not appear in a PeopleMap report for Kenneth Foose in NV?

Thank you so much for bringing this to our attention.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference Attorney

Thomson Reuters



800-REF-ATTY (800-733-2889)

thomsonreuters.com

_______________________________________

I will also offer to Ken Foose that if he wishes for me to publish the updated Westlaw report since the erroneous criminal information was removed at my request, please so indicate, and I will gladly do it.

___________________________________________________________



Two different posts, I donno if the last one was posted by Erica or another person as it wasn't tagged.
 
It takes more than an attorney pointing out errors for database to be corrected. It would have to come from the courts. You would be hard pressed to find an error relating to an unknown person. Most errors are family members with very similar names

I would hazard a guess that this is exactly what Andrew is taunting Ken with. Ken hints as much in that facebook exchange I posted........

If so, after he and "his" Vice President" tried to dig dirt up on Ken without authorization from the USARK Board and started this whole mess, this would be beyond the pale.

Andrew should be apologizing to Ken for this whole incident. Instead, he is clearly taunting him. Apparently Ken should be thanking him for fixing a criminal record that no one but "VP" Erika has seen.

I would not send Andrew Wyatt a stool sample, let alone any donations. Support USARK, support GRAIN, support PIJAC, but show this clown the door.
 
I'm sorry, the last thing I saw Erika say is the attribution to her that the error was still there:

If Foose has a complaint, it is against the public records that are available out there. If the information is incorrect, that is a terrible gaffe on the part of the records databases. Nonetheless, it is there. It is discoverable, and I am not the one who put it there.


She is on the frying pan, where did she say that she had the error corrected?
 
If Walsh was able to correct the criminal record with just her word, could she not "incorrect" it as well? Where does she get the power to personally remove things from one's record. Can anyone contact her and have information changed? Can things be added to make someone seem to have done things that they have not? I too wonder what has been added to the "fixed" record.
 
I'm not an expert, but I don't believe public records can just be changed by any Tom, Dick, or Harry. Ken would have had to hire an attorney to correct those records for him. It's all a bunch of B.S. I think Andrew is a scum bag.
 
Also, did she work in collaboration with Ken to figure out which items on the report were incorrect? Did she assume that the ones attributed to OUR Ken were supposed to be on the record of the other Ken? Could there be other Ken Fooses out there that should share in the distribution of the information attached to our Ken? The crimes could not have been taken off of a record and not attributed to someone right?
 
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