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LEAGUE CITY No criminal charges will be pursued against the League City 49ers, Galveston County First Assistant District Attorney Donna Goode said Friday.

The League City Police Department opened an investigation into the club football organization a month ago when a parent filed a criminal report.

Investigators forwarded the findings to the district attorney, police Sgt. John Jordan said.

Goode said: Nobody has brought to me probable cause of criminal activity. Until I ve got proof of something criminal, I can t do anything.

Three Sets Of Records

The police received three sets of 49ers financial records, Jordan said. One came from the person who filed the complaint, another from the 49ers and a third from an accountant who conducted an independent audit.

All three records differed, but the discrepancies between the accountant s findings and the organization s numbers were not enough to prove criminal activity, Jordan said.

The level of access to club funds also made it a difficult investigation, Jordan said.

The organization acknowledged that issue at a meeting in January.

Many people noted that parents, kids, players and volunteers all touched money.

Changes Announced

New 49ers President Dee Gallardo has vowed to add accountability. Gallardo and the board created a separate position just to handle concession stand money. Previously, several people took money in and out.

In addition, all budgets must be preapproved, and signatures are required on expenditures that exceed a certain amount of money.

We need to make some changes so we can move beyond this and get back to what matters the kids, Gallardo said.

The 49ers still face questions and battles. Sherri Turner and Gerry Harris, parents who have been outspoken about the need for changes and a new executive board, promised to keep fighting.

The two have prepared letters to the League City officials.

This is far from over, Turner said.

A New Season

Questions about the 49ers finances surfaced in November when parents complained about end-of-the-year prizes being cheap medals as opposed to trophies as in previous years.

Records were not handed over despite numerous requests from The Daily News and parents.

Since the club is a tax-exempt organization, federal law requires it to produce financial records in a timely manner. Club bylaws also state financial records should be shown at every executive board meeting.

When the 49ers finally revealed the financial records in January, they showed a bank balance of $416.99, which would mean starting the 2010 season in the hole because of expenses and remaining bills.

The 49ers took out a line of credit. The organization plans to participate in the upcoming season. It is registering returning players and will enroll new players in April.

The kids love and need this organization, Gallardo said. We plan to be here.

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