July 23, 2026  ·  Complaint filed June 25, 2026  ·  United States District Court for the District of Maryland, No. 1:26-cv-02544-SAG

By David Brunk, civil litigation attorney

Read the complaint

Parks v. Lonzer Alleges Alpha Phi Alpha Leaders Looted Millions in Fraternity Funds

A verified derivative complaint filed June 25, 2026, in the United States District Court for the District of Maryland alleges that seven current and former officers and directors of Alpha Phi Alpha Fraternity, Incorporated breached their fiduciary duties, wasted corporate assets, and interfered in the 2024–2025 General Presidential Election. Plaintiff Gregory S. Parks, J.D., Ph.D., a Life Member of the Fraternity, brings the action on behalf of the nominal defendant against former General President Willis L. Lonzer, III, current General President Lucien J. Metellus, Jr., and five other senior leaders.

The complaint seeks compensatory damages exceeding $75,000, disgorgement of improper benefits, and declaratory relief voiding the 2024 election and a $750,000 unauthorized event described as a "Constitutional Convention" held in Chicago. It further alleges that the defendants ignored findings since 2018 that subordinate units were operating as taxable entities without filing returns, exposing the Fraternity to back-tax liabilities and penalties. The complaint specifies that the damages sought include tax liability, penalties, increased insurance premiums, litigation costs, settlement expenses, unauthorized expenditures, and regional deficits (Compl. ¶255). Among the settlement expenses cited is the nearly $3,000,000 cost to resolve the Estate of Tyler Hilliard v. Alpha Phi Alpha Fraternity, Incorporated, a case arising from a 2018 hazing-related death (Compl. ¶88). The complaint also seeks to recover the costs associated with this settlement, which the complaint alleges were a direct result of the defendants' failure to address hazing risks within the organization.

According to the filing, the defendants prioritized "personal retention of power over the Fraternity’s welfare," suppressing evidence-based governance solutions and retaliating against whistleblowers despite two years of internal demands. The complaint states that the Board refused to investigate misconduct or remediate tax and compliance risks, leading Parks to seek judicial intervention. In a 2014 email, the plaintiff raised concerns about the presence of sex workers at national conventions, but the Board took no action (Compl. ¶5). Similarly, in 2015, members raised concerns about sexual predation at the General Convention, but again, the Board failed to act (Compl. ¶5). That same year, the Fraternity abandoned its hazing prevention partnership with HazingPrevention.org (Compl. ¶5). In a 2024 email, Defendant Daryl D. Parks, the former General Counsel, stated that Plaintiff’s efforts were "costing the Fraternity money," a remark the complaint cites as evidence of retaliation (Compl. ¶182). Additionally, the Metellus Administration labeled Plaintiff a "sore loser" and dismissed his governance concerns as a "personal grievance" (Compl. ¶244). The complaint quotes the Fraternity’s Board Governance Manual, which requires "un-conflicted loyalty" and the avoidance of conflicts of interest, but alleges that the defendants failed to adhere to these standards (Compl. ¶40).

Alleged Mechanism: Tax Noncompliance and Failure to Address Hazing/Sexual Predation

The complaint alleges that the defendants ignored compliance risks for over seven years, exposing the organization to back-tax liabilities and penalties. According to the filing, the Fraternity’s subordinate chapters operated as taxable entities without filing required returns, a problem first flagged in an IRS finding shared with the administration in March 2018. The complaint states that the Board, including the former and current General Presidents, took no corrective action despite repeated warnings, including an email from former Chief Financial Officer Carla Gaskins detailing the tax status of subordinate units. The complaint quotes the Fraternity’s governing documents, which state that "‘all the noble, the true and courageous’" are expected to uphold the organization’s values (Compl. ¶32). In fall 2024, General Comptroller Donald Jackson reportedly described the situation as a "ticking timebomb" (Compl. ¶70). Yet the Board’s September 2025 directive addressed only future filings, leaving past liabilities unremediated (Compl. ¶71). The directive, the complaint alleges, "perpetuated the concealment of the tax-compliance failure, exposed subordinate-unit officers to potential personal liability," and ignored the Fraternity’s obligation to address back-taxes and penalties (Compl. ¶283). The complaint further alleges that the Board never quantified the back-tax exposure, disclosed it to chapter officers, or sought IRS compliance, despite being on notice of the tax compliance issue since at least March 2018 (Compl. ¶62, ¶63).

The complaint further alleges that the defendants failed to address hazing and sexually predatory conduct within the Fraternity, despite multiple warnings and fatal incidents. In 2018, two candidates for membership, Tyler Hilliard and D’Angelo Bratton-Bland, died in alleged hazing incidents, and the Fraternity later settled a lawsuit brought by Hilliard’s estate for nearly $3,000,000 (Compl. ¶88). The complaint cites a 2019 public allegation that the Lonzer regional administration had a "sexual predator problem," which the Board allegedly ignored (Compl. ¶91). The filing states that the Fraternity’s insurance premiums increased by 150% due to unaddressed liability risks, and that its insurance policy excludes coverage for violations of risk-management policies, exposing the organization to uninsured losses. Holmes Murphy, the Fraternity’s insurance provider, reportedly warned that "[l]iability exposure continues to be one of the biggest challenges facing men’s general fraternal organizations" (Compl. ¶94). The complaint alleges that the Fraternity acknowledged a "sexual predator issue" but only added predatory conduct to its hazing hotline as a remedy, failing to implement broader reforms (Compl. ¶93). The complaint further alleges that the Board, including Lonzer and Metellus, ignored a public allegation of a "sexual predator problem" at the 2019 General Convention (Compl. ¶91).

The complaint alleges that the defendants’ inaction on both tax compliance and hazing/sexual predation was not merely negligent but reflected a "sustained, conscious disregard" for the Fraternity’s welfare, prioritizing personal retention of power over institutional accountability. The plaintiff contends that the Board’s failure to quantify back-tax exposure, disclose it to chapter officers, or seek compliance left subordinate units vulnerable to personal liability, while its refusal to investigate or remediate hazing and sexual predation drove up costs and degraded the Fraternity’s standing. The filing seeks surcharge against individual defendants for financial harm attributable to their conduct, as well as indemnification for subordinate units exposed to tax liabilities due to the Board’s inaction. Midwestern Regional Vice President Franklin Stacey, Jr., reportedly urged Plaintiff to "sue these [brothers]" because the organization is "so dysfunctional" that it "will not do right unless a court forces us to" (Compl. ¶242). The complaint further alleges that the Board’s governance failures included a failure to enforce its own Whistleblower Policy, which states that whistleblowers "shall be subject to retaliation or... adverse employment consequences" (Compl. ¶47). The complaint also alleges that the defendants failed to remediate the tax compliance risks despite the Fraternity’s General Risk Identification Program (GRIP), which was for internal reporting only and not for IRS compliance (Compl. ¶76).

Alleged Mechanism: Election Interference and Waste of Corporate Assets

The complaint alleges that the former and current General Presidents interfered in the Fraternity’s 2024–2025 General Presidential Election, using prohibited tactics to suppress voter participation and spread defamatory narratives about the plaintiff. According to the filing, the former General President, Willis L. Lonzer, III, began campaigning for his initial election in 2017, violating the Fraternity’s Election Handbook, which states that early campaigning "MAY BE SUBJECT TO IMMEDIATE DISQUALIFICATION" (Compl. ¶45). The complaint further alleges that Lonzer’s campaign stole $1,000 worth of the plaintiff’s campaign materials during a 2018 regional convention in Toronto (Compl. ¶108). In a private conversation with a former Eastern Regional Vice President, Lonzer reportedly stated, "Fuck Gregory Parks," disparaging the plaintiff’s reform efforts (Compl. ¶112). The complaint describes the 2018 election as setting a precedent for unpunished fiduciary election interference, with Lonzer’s victory coming after the plaintiff finished just 10 votes shy of advancing to the top two candidates (Compl. ¶113).

The complaint contends that Lonzer and his surrogates disseminated false narratives to undermine the plaintiff’s candidacy, including claims that the plaintiff planned to publicly disclose personal information if elected. Lonzer’s campaign allegedly spread the false narrative that the plaintiff sought to admit transgender members, despite the complaint’s assertion that the current General President, Lucien J. Metellus, Jr., was the only candidate advocating for such a policy. Lonzer’s surrogates, including Dr. Ulysses Grant Baldwin and Dr. Travis Martin, are alleged to have circulated materials targeting the plaintiff, including a graphic captioned "Everybody vs. Parks," and used racial attacks to suppress opposition (Compl. ¶130). In his 2023 State of the Fraternity Address, Lonzer implied the plaintiff was unqualified, stating the Fraternity needed leaders with "experience" and not those offering "theories" (Compl. ¶133). Past General Presidents Harry E. Johnson, Everett B. Ward, and Herman "Skip" Mason delivered remarks targeting the plaintiff at Lonzer’s direction, with Mason reportedly stating he hoped the plaintiff was in the room "because they were intended for [Plaintiff] to hear" (Compl. ¶134). Mason’s remarks were allegedly intended to deliver "the karma he deserves" (Compl. ¶134). The complaint further alleges that Lonzer falsely claimed that "Plaintiff was gay and planned to ‘come out of the closet once elected General President’" (Compl. ¶129).

The complaint also alleges that the defendants engaged in voter suppression by operating a "shadow campaign" to discourage participation among the plaintiff’s supporters (Compl. ¶139). Assistant Executive Director Denny N. Johnson, who controlled the Fraternity’s membership data files, is alleged to have campaigned for Metellus while simultaneously serving as a liaison to the Election Committee, creating a conflict of interest. The complaint quotes Election Committee Chairman Lucious Turner, III, as stating that Johnson’s conduct provided "sufficient grounds to overturn the election" (Compl. ¶175). Lonzer’s response to Turner’s concerns was reportedly to "handle it," a directive the complaint alleges was inadequate given Lonzer’s own involvement in the election interference (Compl. ¶175). The complaint further alleges that Johnson falsely told members that the plaintiff had caused the withdrawal of another candidate, Roderick Smothers, Sr., Ph.D., from the race, when in fact Smothers had resigned due to allegations of inappropriate relationships with students (Compl. ¶167). The complaint states that Defendant Jeramaine O. Netherly failed to act on allegations against Smothers despite receiving notice of the allegations in November 2022 (Compl. ¶163).

In addition to election interference, the complaint alleges that the defendants wasted corporate assets on unauthorized expenditures. The filing contends that the Fraternity spent approximately $750,000 on an unauthorized event in Chicago in July 2024, which the complaint describes as lacking proper authority and procedural compliance. The event, dubbed a "Constitutional Convention," was convened with only four days’ notice, violating the Fraternity’s requirement of 60 days’ notice for amendments to its Constitution and By-Laws (Compl. ¶199, ¶39). The complaint alleges that the event was "ultra vires and void ab initio," meaning it was void from the outset due to the lack of constitutional authority (Compl. ¶314(a)). The complaint further alleges that the defendants shielded a $250,000 deficit in the Southern Region from investigation, preventing the Fraternity from recovering misused funds (Compl. ¶203). Defendant Daryl D. Parks is accused of misusing Fraternity resources for his Florida Senate campaign, including diverting membership data for personal purposes, a violation the complaint alleges exposed the Fraternity to legal risk (Compl. ¶207, ¶211). The complaint states that Parks’s use of Fraternity data for his campaign was a breach of the organization’s contractual governance framework, which includes enforceable customs such as the prohibition on using organizational resources for personal political gain (Compl. ¶279). The complaint also alleges that Defendant Cecil E. Howard resisted an investigation into the Southern Region’s deficit and filed a retaliatory lawsuit against a Fraternity member in 2024 (Compl. ¶204).

Parties and Roles: Plaintiff, Defendants, and Nominal Defendant

Plaintiff Gregory S. Parks, J.D., Ph.D., brings this derivative action on behalf of Alpha Phi Alpha Fraternity, Incorporated. Parks, a Life Member of the Fraternity since 2013, alleges that the defendants—seven current and former officers and directors—breached their fiduciary duties, wasted corporate assets, and engaged in election interference over a decade-long period. The complaint states that Parks initiated his membership in 2007 and has since raised repeated concerns about governance failures, tax compliance, and hazing risks within the organization. In 2014, Parks raised concerns about the presence of sex workers at national conventions, but the Board took no action (Compl. ¶5). In 2015, members raised concerns about sexual predation at the General Convention, but again, the Board failed to act (Compl. ¶5). That same year, the Fraternity abandoned its hazing prevention partnership with HazingPrevention.org (Compl. ¶5). In March 2018, Parks shared a memorandum with the Fraternity detailing tax compliance failures, but the Board took no action (Compl. ¶63). The complaint alleges that the Board, including Lonzer and Metellus, took no action after receiving the IRS findings in March 2018 (Compl. ¶67).

The defendants include Willis L. Lonzer, III, who served as the Fraternity’s General President from 2021 to 2025 and remains a Board member; Lucien J. Metellus, Jr., the current General President and Board Chairman, who assumed office in January 2025; and Jeramaine O. Netherly, a former Southwestern Regional Vice President (2022–2025) and current Board member. Also named are Daryl D. Parks, Esq., who served as General Counsel from 2017 to 2024, exceeding the Fraternity’s constitutional four-year term limit (Compl. ¶17); Wayne C. Harvey, Esq., the current General Counsel, appointed in 2025; Denny N. Johnson, the Assistant Executive Director since 2015 and a de facto officer; and Cecil E. Howard, Esq., a former Southern Regional Vice President (2022–2025) and Board member. The complaint alleges that Howard resisted an investigation into the Southern Region’s $250,000 deficit and filed a retaliatory lawsuit against a Fraternity member in 2024 (Compl. ¶204). The complaint further alleges that Defendant Daryl D. Parks served as General Counsel for more than three years beyond the constitutional four-year term limit (Compl. ¶17).

The Fraternity itself is named as a nominal defendant. The complaint describes Alpha Phi Alpha Fraternity, Incorporated as a national tax-exempt fraternal organization governed by a Board of Directors and subject to its own Constitution, By-Laws, and internal policies, including a Board Governance Manual that requires "un-conflicted loyalty" and the avoidance of conflicts of interest (Compl. ¶40). The complaint alleges that the defendants, as fiduciaries, owed duties of care, loyalty, and good faith to the Fraternity but prioritized personal retention of power over its welfare, leading to financial mismanagement, election corruption, and failure to address compliance risks. The complaint further alleges that the defendants received reportable compensation and perks beyond reimbursable expenses, including travel, lodging, and prestige, creating conflicts of interest (Compl. ¶21). The complaint quotes the Fraternity’s Membership Manual, which mandates cease-and-desist orders and conflict-free investigations for violations, but alleges that the defendants failed to adhere to these requirements (Compl. ¶42). The complaint also alleges that the Fraternity’s Election Handbook prohibits early campaigning for General President under penalty of disqualification (Compl. ¶45).

Key non-parties include former General Comptrollers Donald Jackson and Wardell Glass, Jr., CPA, who reportedly warned of the Fraternity’s tax compliance risks; former Chief Financial Officer Carla Gaskins, who shared IRS findings with the administration in 2018; and deceased candidates for membership Tyler Hilliard, D’Angelo Bratton-Bland, and Lamoree’ Moore, whose estates filed lawsuits against the Fraternity for hazing-related deaths and sexual assault. The complaint also identifies past General Presidents Harry E. Johnson, Everett B. Ward, and Herman "Skip" Mason, Jr., as well as former Executive Director Sean McCaskill, as individuals who played roles in the alleged misconduct. Johnson, Ward, and Mason are alleged to have delivered remarks targeting the plaintiff at Lonzer’s direction during the 2024–2025 election cycle (Compl. ¶134). The complaint further alleges that non-party Joel Johnson served as Lonzer’s campaign manager and was involved in the theft of the plaintiff’s campaign materials in 2018 (Compl. ¶108).

Claims Under State Law and Fraternity Governing Documents

The verified derivative complaint asserts ten claims under state law and the Fraternity’s governing documents, seeking to hold the seven current and former officers and directors accountable for alleged breaches of fiduciary duty, oversight failures, and a coordinated effort to suppress internal dissent.

Count I: Breach of Fiduciary Duty (against all Defendants)

The complaint alleges that all defendants breached their fiduciary duties to the Fraternity by prioritizing personal retention of power over the organization’s welfare. The complaint specifies that the defendants owed duties of care, loyalty, good faith, candor, disclosure, and obedience, and that their conduct was intentional or reflected a conscious disregard of those obligations. Among the alleged breaches: the "knowing failure and refusal to remediate the Fraternity’s subordinate-unit tax noncompliance" (Compl. ¶251); the failure to investigate and address hazing and sexual predation, despite multiple fatal incidents and public allegations; and the corruption of the 2024–2025 General Presidential election through prohibited campaigning, defamation, and voter suppression. The complaint further alleges that the defendants received reportable compensation and perks—including travel, lodging, and prestige—beyond reimbursable expenses, creating conflicts of interest. The complaint describes the defendants’ conduct as "willful and wanton in that it reflected an actual intention to cause harm or... conscious disregard" for their fiduciary obligations (Compl. ¶253). The complaint quotes the Fraternity’s Board Governance Manual, which requires fiduciaries to exercise "un-conflicted loyalty" and avoid conflicts of interest, but alleges that the defendants failed to adhere to these standards (Compl. ¶40). The complaint also alleges that the defendants failed to address allegations of inappropriate relationships involving a candidate for General President, Roderick Smothers, Sr., Ph.D., despite receiving notice of the allegations in November 2022 (Compl. ¶163).

Count II: Breach of the Duty of Oversight / Failure of Internal Controls (against all Defendants)

The complaint charges all defendants with breaching their duty of oversight and failing to implement adequate internal controls. The complaint alleges that the defendants had actual notice of critical risks—including tax-exemption failures since at least 2018 and a "sexual predator problem" at national conventions—but took no corrective action for over seven years. The complaint cites the Fraternity’s Board Governance Manual, which requires "un-conflicted loyalty" and the avoidance of conflicts of interest, and its Whistleblower Policy, which prohibits retaliation against members who report misconduct and states that whistleblowers "shall be subject to retaliation or... adverse employment consequences" (Compl. ¶47). Despite these requirements, the complaint alleges that the defendants deliberately prioritized self-preservation over the Fraternity’s institutional interests, including by suppressing evidence-based governance solutions and retaliating against whistleblowers. The complaint further alleges that the defendants failed to enforce the Fraternity’s own policies, such as the Election Handbook’s prohibition on early campaigning for General President, which states that violators "MAY BE SUBJECT TO IMMEDIATE DISQUALIFICATION" (Compl. ¶45). The complaint describes the defendants’ conduct as a "deliberate choice to prioritize self-preservation over the Fraternity’s institutional interests" (Compl. ¶265). The complaint also alleges that the defendants failed to address allegations of inappropriate relationships involving Smothers, despite receiving notice of the allegations in November 2022 (Compl. ¶163). The complaint further alleges that the defendants failed to investigate or disclose allegations against Smothers from November 2022 to May 2023 (Compl. ¶163).

Count III: Aiding and Abetting Breach of Fiduciary Duty (in the alternative, against all Defendants)

The complaint alleges that all defendants aided and abetted breaches of fiduciary duty by one another. The complaint identifies specific acts of facilitation, including Assistant Executive Director Denny N. Johnson’s manipulation of election data while simultaneously campaigning for the current General President, Lucien J. Metellus, Jr.; former General President Willis L. Lonzer, III’s authorization of prohibited campaigning on official Fraternity letterhead; and current General Counsel Wayne C. Harvey’s legally erroneous advice to the Board that "the law doesn’t apply to us" (Compl. ¶215). The complaint also alleges that former General Counsel Daryl D. Parks suppressed allegations of misconduct, Defendant Cecil E. Howard concealed a successor’s criminal record, and Defendant Jeramaine O. Netherly failed to act on allegations against Smothers. The complaint states that these acts of aiding and abetting were not merely negligent but reflected a "sustained, conscious disregard" for the Fraternity’s welfare (Compl. ¶273). The complaint further alleges that the defendants’ conduct included the misuse of Fraternity resources for personal political campaigns, such as Daryl Parks’s use of membership data for his Florida Senate campaign (Compl. ¶211). The complaint alleges that Defendant Howard caused the Southern Region to incur a $250,000 deficit and resisted an investigation into the deficit (Compl. ¶203).

Count IV: Breach of Contract (against all Defendants)

The complaint alleges that all defendants breached the Fraternity’s contractual governance framework, which includes its written Governing Documents and enforceable customs. The complaint asserts that the Fraternity’s governance structure is binding on its officers and directors, and that the defendants violated it through procedural irregularities, election interference, and misuse of Fraternity resources. Among the alleged breaches: violating the longstanding custom that sitting and past General Presidents do not interfere in General Presidential elections; exceeding term limits for General Counsel, as Daryl D. Parks served beyond the constitutional four-year term (Compl. ¶17); and diverting Fraternity data for personal political campaigns. The complaint further alleges that the defendants breached the Fraternity’s Membership Manual, which mandates cease-and-desist orders and conflict-free investigations for violations, by appointing a disbarred attorney, John D. Ellis, Jr., to investigate the plaintiff’s demands (Compl. ¶217). The complaint quotes the Fraternity’s Election Handbook, which states that early campaigning for General President "MAY BE SUBJECT TO IMMEDIATE DISQUALIFICATION" (Compl. ¶45). The complaint also alleges that the defendants violated the Fraternity’s By-Laws by failing to provide 60 days’ notice for amendments to the Constitution and By-Laws before the 2024 "Constitutional Convention" (Compl. ¶39). The complaint further alleges that the defendants breached the Fraternity’s contractual governance framework by violating the custom that "sitting and past General Presidents do not interfere in General Presidential elections" (Compl. ¶279(d)).

Count V: Civil Conspiracy (against all Defendants)

The complaint alleges that all defendants engaged in civil conspiracy to conceal election interference, financial mismanagement, and tax noncompliance. The complaint asserts that the defendants coordinated to issue a false review letter, appoint a disbarred attorney as investigator, and mislead the membership about pending derivative demands. The complaint further alleges that the defendants acted with personal interests independent of the Fraternity’s, including shielding prior misconduct and preserving tainted offices. The September 2025 directive, which the complaint alleges perpetuated the concealment of tax-compliance failures and exposed subordinate units to liability, is cited as a key act in furtherance of the conspiracy. The complaint states that the current General Counsel, Wayne C. Harvey, misled the membership at the 2025 General Convention by falsely claiming that "no brothers had sued or threatened to sue the Fraternity" (Compl. ¶219). The complaint describes the Board’s response to the plaintiff’s demands as a "wrongful refusal," including a sham review, the appointment of a disbarred attorney, and legally erroneous advice (Compl. ¶229). The complaint alleges that the defendants’ conspiracy included the suppression of allegations against Smothers, the misuse of Fraternity resources for personal campaigns, and the failure to investigate the Southern Region’s $250,000 deficit (Compl. ¶282). The complaint further alleges that the defendants instructed the Board to ignore the plaintiff’s demand based on the legally erroneous advice that "the law doesn’t apply to us" (Compl. ¶282(c)).

Count VIII: Books and Records Inspection (against the Fraternity as Nominal Defendant)

The complaint alleges that the Fraternity, as nominal defendant, refused the plaintiff’s demand for access to election records and the workpapers underlying a former Executive Director Sean McCaskill’s three-sentence response letter. The complaint states that the Fraternity neither produced the requested records nor articulated any legitimate basis for declining to do so, despite the demand being made for a proper purpose, including investigating mismanagement and election irregularities (Compl. ¶306). The complaint seeks to compel the production of these records to further the plaintiff’s investigation into the alleged misconduct. The complaint alleges that the Fraternity’s refusal to produce the records violated its own governing documents, which require transparency and accountability in governance matters. The complaint further alleges that the Fraternity’s failure to produce the records was part of a broader pattern of concealment and obstruction by the defendants (Compl. ¶304). The complaint states that the plaintiff demanded access to the election records and McCaskill "review" workpapers but was refused (Compl. ¶304).

Claims for Waste, Unjust Enrichment, and Ultra Vires Acts

The complaint alleges that the former and current General Presidents, along with four other defendants, wasted corporate assets, enriched themselves unjustly, and acted beyond the Fraternity’s legal authority in four separate claims.

Count VI: Waste of Corporate Assets (against Defendants Lonzer, Metellus, Daryl Parks, Harvey, Howard)

The complaint alleges that the former and current General Presidents, Willis L. Lonzer, III and Lucien J. Metellus, Jr., along with Defendants Daryl D. Parks, Wayne C. Harvey, and Cecil E. Howard, caused the Fraternity to incur approximately $750,000 in unauthorized expenditures for a 2024 Chicago event that lacked constitutional authority and procedural compliance. The complaint states that the event, described as a "Constitutional Convention," was void from the outset (Compl. ¶314(a)). It further alleges that Defendant Howard shielded a $250,000 Southern Region deficit from investigation, preventing the Fraternity from recovering misused funds (Compl. ¶203). The complaint seeks to recover these wasted assets and hold the defendants accountable for their misuse. The complaint alleges that the defendants’ waste of corporate assets included the nearly $3,000,000 settlement paid to the Estate of Tyler Hilliard, which the complaint attributes to the defendants’ failure to address hazing risks (Compl. ¶88). The complaint further alleges that the defendants wasted corporate assets by failing to address the tax compliance risks, which exposed the Fraternity to back-tax liabilities and penalties (Compl. ¶62).

Count VII: Unjust Enrichment (against Defendants Lonzer, Metellus, Daryl Parks, Harvey, Johnson)

The complaint alleges that the former and current General Presidents, along with Defendants Daryl D. Parks, Wayne C. Harvey, and Denny N. Johnson, received reportable compensation, travel, lodging, and prestige beyond reimbursable expenses while failing to fulfill their fiduciary duties. The complaint states that these benefits were retained at the expense of the Fraternity’s institutional interests and that the defendants acted with personal interests independent of the Fraternity’s. The complaint alleges that the defendants’ retention of these benefits constituted unjust enrichment, as they were not earned through the proper discharge of their duties (Compl. ¶285). The complaint further alleges that the defendants’ unjust enrichment included the misuse of Fraternity resources for personal political campaigns, such as Daryl Parks’s use of membership data for his Florida Senate campaign (Compl. ¶211). The complaint seeks disgorgement of these improper benefits, including the tens of thousands of dollars loaned to Metellus during and after the 2024–2025 election cycle (Compl. ¶154). The complaint also alleges that the defendants received reportable compensation and perks beyond reimbursable expenses, including travel, lodging, and prestige (Compl. ¶21).

Count VIII: Books and Records Inspection (against the Fraternity as Nominal Defendant)

The complaint alleges that the Fraternity refused the plaintiff’s demand for access to election records and the workpapers underlying McCaskill’s three-sentence response letter. The complaint states that the Fraternity neither produced the requested records nor articulated any legitimate basis for declining to do so, despite the demand being made for a proper purpose, including investigating mismanagement and election irregularities (Compl. ¶306). The complaint seeks to compel the production of these records to further the plaintiff’s investigation. The complaint alleges that the Fraternity’s refusal to produce the records was part of a broader pattern of concealment and obstruction by the defendants, including the appointment of a disbarred attorney to investigate the plaintiff’s demands and the issuance of a false review letter (Compl. ¶229). The complaint states that the plaintiff demanded access to the election records and McCaskill "review" workpapers but was refused (Compl. ¶304). The complaint further alleges that "The Fraternity neither produced the requested records nor articulated any legitimate basis for declining to do so" (Compl. ¶306).

Count IX: Ultra Vires Acts (against Defendants Lonzer, Metellus, Daryl Parks, Harvey, Johnson, and the Fraternity as Nominal Defendant)

The complaint alleges that the former and current General Presidents, along with Defendants Daryl D. Parks, Wayne C. Harvey, and Denny N. Johnson, acted beyond the Fraternity’s chartered purposes and in violation of its governing documents. The complaint states that the Fraternity’s Articles of Incorporation authorize only educational and mutual uplift purposes, and that the $750,000 "Constitutional Convention," the September 2025 directive, and Daryl Parks’s continued service as General Counsel beyond his four-year term were "ultra vires and void ab initio" (Compl. ¶311, ¶314(a), ¶314(c)). The complaint quotes the Fraternity’s Articles of Incorporation, which state that its "particular purpose and object . . . [is] educational and for the mutual uplift of its members" (Compl. ¶311). It further alleges that the defendants used Fraternity resources to campaign for Metellus’s election, violating the Election Handbook and longstanding custom. The complaint describes these acts as "acts taken by a person purporting to exercise corporate authority that has expired" (Compl. ¶314(c)). The complaint seeks declaratory relief voiding these ultra vires acts and preventing the defendants from engaging in similar conduct in the future. The complaint further alleges that the September 2025 Tax Directive was an ultra vires act because it perpetuated the concealment of tax-compliance failures and exposed subordinate units to liability (Compl. ¶314(b)).

Distinctive Pleadings: Election Rules, Sham Investigations, and Retaliation

The complaint alleges that the defendants proposed election rules designed to insulate themselves from accountability by channeling disputes into non-public arbitration. According to the filing, the Board’s September 2025 proposal would require mandatory arbitration of all election disputes, including claims of fiduciary misconduct, without disclosing that such duties cannot be eliminated by governing documents (Compl. ¶225, ¶226). The complaint states that the rules were designed to insulate fiduciaries from accountability and to channel disputes into a non-public arbitration process, a structure it contends would prevent judicial review of election interference and financial mismanagement. The complaint alleges that the proposed rules were part of a broader effort by the defendants to avoid scrutiny and maintain control over the Fraternity’s governance processes. The complaint further alleges that the Board did not disclose that fiduciary duties cannot be eliminated via governing documents (Compl. ¶226).

Instead of investigating the plaintiff’s demands, the complaint alleges the Board conducted a sham review. In April 2025, the newly appointed General Counsel, Wayne C. Harvey, advised the Board to ignore the demand and proposed an investigation only if the plaintiff abandoned legal representation and accepted the findings in advance (Compl. ¶216). The Board appointed a disbarred attorney, John D. Ellis, Jr., as investigator, a decision the complaint describes as a transparent attempt to manufacture a preordained outcome (Compl. ¶217). The attorney was later recused, and no independent investigation was conducted. The complaint further alleges that Harvey misled the membership at the 2025 General Convention by stating that "no brothers had sued or threatened to sue the Fraternity," despite pending derivative demands (Compl. ¶219). The complaint alleges that the Board’s response to the plaintiff’s demands was a "wrongful refusal," including a sham review, the appointment of a disbarred attorney, and legally erroneous advice that "the law doesn’t apply to us" (Compl. ¶229). The complaint also alleges that the Board’s internal mechanisms for self-correction have been "rendered inoperative" and that the defendants "consciously disregarded" their oversight obligations (Compl. ¶243).

The complaint alleges that one defendant retaliated against the plaintiff for raising governance concerns, violating the Fraternity’s Whistleblower Policy. In a 2024 email, Defendant Daryl D. Parks stated that the plaintiff’s efforts were "costing the Fraternity money," a remark the complaint cites as evidence of retaliation (Compl. ¶182). The complaint also alleges that the former General President directed a predetermined outcome to exonerate his administration. In a March 2024 email, Lonzer wrote that he had found someone willing to say that "I have found someone who is willing to say that... my administration did nothing wrong," framing the issue as personal and stating that the election results would stand regardless of any investigation (Compl. ¶186). Lonzer’s email to a former Eastern Regional Vice President further framed the issue as personal, stating that the election results would not be overturned (Compl. ¶184). The complaint alleges that Lonzer’s response to the plaintiff’s concerns was part of a broader pattern of retaliation and obstruction, including the suppression of allegations against Smothers and the misuse of Fraternity resources for personal campaigns. The complaint further alleges that Lonzer directed a predetermined outcome to exonerate his administration, stating in an email that "I have found someone who is willing to say that... my administration did nothing wrong" (Compl. ¶186).

The current administration dismissed the plaintiff’s governance concerns as a personal grievance, labeling him a "sore loser" and refusing to address the substance of his demands (Compl. ¶244). The complaint alleges that the Board’s response to the plaintiff’s two-year course of demands was a wrongful refusal, including a sham review, the appointment of a disbarred attorney, and legally erroneous advice. The complaint states that the Board’s internal mechanisms for self-correction have been "rendered inoperative" and that the defendants "consciously disregarded" their oversight obligations (Compl. ¶243). The complaint further alleges that the Board’s refusal to investigate the plaintiff’s demands was part of a broader pattern of misconduct, including the failure to address tax compliance risks, hazing and sexual predation, and election interference. The complaint quotes a past Board member, Franklin Stacey, Jr., who urged the plaintiff to "sue these [brothers]" because the organization is "so dysfunctional" that it "will not do right unless a court forces us to" (Compl. ¶242). The complaint also alleges that the Metellus Administration branded the plaintiff a "sore loser" and recast his governance concerns as a "personal grievance" (Compl. ¶244).

Relief Sought and Procedural Posture

The verified derivative complaint filed on June 25, 2026, in the United States District Court for the District of Maryland (1:26-cv-02544-SAG) seeks a range of equitable and monetary remedies, reflecting the breadth of the alleged misconduct. Plaintiff Gregory S. Parks, a Life Member of Alpha Phi Alpha Fraternity, Incorporated, demands compensatory damages exceeding $75,000, a threshold the complaint ties to the Fraternity’s tax liability, penalties, increased insurance premiums, litigation costs, settlement expenses, unauthorized expenditures, and regional deficits (Compl. ¶247, ¶255). Among the settlement expenses cited is the nearly $3,000,000 cost to resolve the Estate of Tyler Hilliard v. Alpha Phi Alpha Fraternity, Incorporated (Compl. ¶88). The complaint further requests disgorgement, the imposition of a constructive trust, an accounting, and a surcharge against the individual defendants to recover funds allegedly misused or wasted. The complaint seeks to recover the costs associated with the Hilliard estate settlement, which the complaint alleges were a direct result of the defendants' failure to address hazing risks within the organization.

In addition to monetary relief, the complaint seeks declaratory judgments voiding three key actions: the September 2025 directive, which the complaint alleges perpetuated the concealment of tax-compliance failures; the amendments adopted at the 2024 "Constitutional Convention," which the complaint describes as void from the outset for lack of proper notice and authority; and the Thirty-Seventh General Presidential Election, which the complaint contends was tainted by interference and should be set aside in favor of a new election. The complaint specifically requests a declaration that "the Thirty-Seventh General Presidential Election is void and that a new election must be conducted" (Compl. ¶324(b)). The complaint also demands indemnification for subordinate units facing tax exposure due to the Board’s alleged failure to address compliance (Compl. ¶324). The complaint further seeks a declaration that the September 2025 Tax Directive is void because it "perpetuated the concealment of the tax-compliance failure, exposed subordinate-unit officers to potential personal liability," and ignored the Fraternity’s obligation to address back-taxes and penalties (Compl. ¶283, ¶324(a)).

Procedurally, the complaint invokes Federal Rule of Civil Procedure 23.1, which governs derivative actions. The complaint alleges that the demand requirement is either satisfied or excused as futile, citing the Board’s lack of independence and the majority of its members’ personal interest in the outcome. A majority of the Board members are alleged to be interested, lack independence, or face personal liability for the wrongs alleged, rendering any demand futile under the circumstances. The complaint further alleges that the Board’s internal mechanisms for self-correction have been rendered inoperative and that the defendants consciously disregarded their oversight obligations (Compl. ¶243). The complaint states that the Board did not appoint a special litigation committee and allowed conflicted fiduciaries to control its response to the plaintiff’s demands (Compl. ¶232). The complaint alleges that the current General President, Lucien J. Metellus, Jr., is a direct beneficiary of the corrupted election and faces liability on Counts I, II, IV, V, VI, VII, IX, and X (Compl. ¶233). The complaint further alleges that former General President Willis L. Lonzer, III, orchestrated the election interference and faces liability on the same counts (Compl. ¶234).

The complaint also includes a demand for access to the Fraternity’s books and records, pursuant to Count VIII, to investigate mismanagement and election irregularities. The plaintiff alleges that the Fraternity neither produced the requested records nor articulated any legitimate basis for declining to do so, despite the demand being made for a proper purpose (Compl. ¶306). The relief sought reflects the complaint’s broader narrative: that judicial intervention is necessary to remedy a governance structure allegedly captured by self-interested fiduciaries. The complaint alleges that the defendants’ conduct was not protected by the business judgment rule, as it was undertaken in bad faith, for an improper purpose, or with conscious disregard for the Fraternity’s welfare (Compl. ¶245). The complaint states that the demand requirement under FRCP 23.1 is satisfied or excused as futile due to the Board’s lack of disinterest and independence or valid business judgment (Compl. ¶246).

The allegations remain unproven, and no defendant has yet filed a response in the case.

The allegations described here are taken from the filing and remain unproven; no responsive pleading is reflected in the source document.

The allegations described here are taken from the filing and remain unproven; no responsive pleading is reflected in the source document.

David Brunk is a civil litigation attorney. He can be reached at david@newmanbrunk.com.