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The basics:

• Ex-ASPCA CFO Gordon Lavalette of NJ alleges misuse of donor funds
• Lawsuit claims millions spent without competitive bidding
• ASPCA called allegations ‘baseless’ and ‘will vigorously defend against them’

A financial industry veteran from Bradley Beach is suing the American Society for the Prevention of Cruelty to Animals over its management practices.

Filed May 15 in Essex County Superior Court, the complaint accuses the New York City-based animal welfare organization of violating various laws regarding the expenditure of donor funds.

Former Chief Financial Officer Gordon Lavalette brought the case. The onetime CFO says he objected to the “reckless squandering of donor-contributed funds” on “millions of dollars on contracts with consultants, fundraising agencies for media buys and other expensive agreements, without any competitive bidding or Requests for Proposals … while attempting to issue no-bid contracts to the CEO’s friends.”

In the lawsuit, Lavalette said he was fired May 12 after repeatedly raising concerns to the ASPCA’s chief executive officer and board of directors over the alleged activity. According to the complaint, the ASPCA terminated Lavalette via a phone call while he was on vacation for his daughter’s wedding.

Lavalette’s attorney, Neil Mullin of Smith Mullin in Montclair, issued a statement. “The ASPCA collects over $400 million a year from donors and others around the country, donations which are given to help animals in need.

“Gordon Lavalette was advocating in the best interest of the animals and the donors when he flagged the ASPCA’s failure to comply with the law, as well as their own written rules, governing expenditures of donated funds, in awarding hundreds of millions of dollars in vendor contracts without the required competitive bidding,” Mullin said.

Safety concerns

Lavalette also said leadership refused to take seriously his safety concerns about ASPCA vehicles, even after he wanted to implement changes in response to 26 dogs and puppies dying from heat stroke in 2019 while in the organization’s care, according to the lawsuit.

Under Department of Transportation laws and regulations, certain ASCPA vehicles must have electronic logging devices for drivers to record hours of service and ensure they are not exceeding the maximum number of driving hours. After discovering in July 2024 that some ASPCA drivers in New Mexico disconnected the devices and drove more hours than they should have, Lavalette said he began pushing for two people in cars to alternate driving. A second person could also help monitor animals during transport so they didn’t become overheated, the complaint says.

Lavalette previously received stellar performance reviews, strong merit increases and bonus awards during his four years with the ASPCA, according to the complaint. However starting last fall, he said the ASPCA began to retaliate against him for speaking up by reducing his authority; withholding his performance review, merit increase and bonus; and removing him from the vehicle transportation committee.

The suit names the ASPCA, CEO Matthew Bershadker and Senior Vice president Cheryl Bucci as defendants.

Lavalette seeks compensatory damages for emotional distress, injury and reputational damage; attorneys’ fees; punitive damages; and economic damages for compensation losses and career path losses.

Previous retaliation claims

ASPCA shared a statement with NJBIZ about the lawsuit:

The claims in the complaint filed by Mr. Lavalette are baseless, and the ASPCA will vigorously defend against them. While we generally do not comment on employee matters, given the nature of these allegations, it is important to emphasize that our Board of Directors took these matters seriously when they were first raised internally and engaged independent outside counsel to review them. After thorough investigation both the Board and executive leadership remain unanimously confident that our policies and practices are appropriate, lawful, and consistent with our mission to protect animals.

Lavalette began at the ASPCA in 2021. Before, he served as CFO for the New York Racing Association. That nonprofit runs the state’s largest horse-racing tracks: Aqueduct Racetrack, Belmont Park and Saratoga Race Course.

Lavalette also worked as the CFO for ION Media Networks. The Florida-headquartered broadcasting company includes over 60 television stations. His background also includes positions in the finance division of the New Jersey Devils and the New Jersey Nets.

He sued ION in 2016. According to that claim, the company retaliated against Lavalette for flagging unethical business practices, such as improperly withholding taxes from employees and supplanting employee income with extended corporate apartment stays. ION attempted to have the case dismissed, but its motion for summary judgment was denied by U.S. District Judge Katherine Polk Failla in July 2019.

Editor’s note: This story was updated at 8:44 a.m. EST June 2, 2025, to correct that ION attempted to have the case dismissed, but its motion for summary judgment was denied in July 2019.