Wednesday, February 27, 2013

FAIRALLS' 11/30/12 LETTER TO PEORIA POLICE CHIEF ROY MINTER WHO REFUSED TO REOPEN THE ELDER ABUSE AND SENIOR FINANCIAL EXPLOITATION INVESTIGATION OF SUN GROVE RESORT VILLAGE


HAND DELIVERED
November 30, 2012

Peoria Police:
Police Chief Roy Minter, Jr.
8351 W. Cinnabar Ave.
Peoria, AZ 85345

RE: REOPEN AND CLASSIFY COMPLAINT #01-10-007447 – FAIRALL v. SUN GROVE RESORT VILLAGE
TO A CRIMINAL ELDER ABUSE AND SENIOR EXPLOITATION COMPLAINT

Dear Police Chief Minter:

We wrote in our 09/17/12 letter to the Maricopa County Attorney Office (MACO) that Sun Grove Resort Village (SGRV) is running a false advertising scam and an internet false advertising scam which misuses Elder Care Referral Agencies to dupe seniors into moving into SGRV. (Exhibit A: 09/17/12 Fairall letter to MACO). MACO referred our request to you to review and classify our original 05/31/10 complaint, Fairall v. SGRV #01-10-007447, to a Criminal Elder Abuse and Senior Exploitation Complaint. We spoke to you on the phone and you agreed to review our closed SGRV elder abuse/fraud complaint with the investigating officer, Detective Shari Howard. The purpose of this letter is to provide the additional proof of the illegal SGRV senior abuse and fraudulent activities which were perpetrated by the 2005 Medicare Fraud Felon and former SGRV Executive Director Scott Green for prosecution.

Scott Green needs to be held responsible for his retaliation of withholding our essential services, ignoring an Injunction against Harassment issued against a SGRV employee, and for filing baseless lawsuits against us. Mr. Green retaliated against my wife, Carol Fairall, and my 94-year old aunt, Catherine Reinertson, because we filed fair housing complaints on 09/13/09 (Violation of Fair Housing Act 24 C.F.R (c)(5). Scott Green has indirectly caused the deaths of 25 other SGRV residents. My aunt Catherine Reinertson died on 03/02/11 a broken sad woman who was abused and defrauded by Scott Green.  Scott Green should be imprisoned for life (Penalty under 42 U.S.C.). 

Scott Green refused the mold removal from our SGRV apartment, refused the usage of the SGRV guest apartment when our apartment had hazardous water leaks, refused the acceptance of Carol’s medication package deliveries to the SGRV front desk, and refused two letters written by us and our attorney for Reasonable Accommodation Requests for a Disabled Person. Scott Green even ignored the Injunction against Harassment law and gave the SGRV employee George Kieffer, who had stalked and threatened to kill us in 10/09, the master key to our SGRV Apartment.  (Exhibit B: 10/02/09 & 12/03/09 Injunctions against Harassment issued against George Kieffer by the Peoria Municipal Court – HR200900202 & HR2009000245). Mr. Green’s illegal SGRV criminal activities put us at risk, caused our financial losses, caused the death of my aunt and our three dogs, exacerbated our poor health issues, and started the rejection of Carol Fairall’s transplanted liver from her exposure to SGRV’s toxic mold.

Scott Green is a conman that has been abusing and defrauding seniors while lying to governmental officials from January, 1999 to August, 2012.  Scott Green was found guilty in 2005 for falsifying 2,678 Medicare Claims (Massachusetts District Court – #105-cr-10166DPW). For two years in 1999 and 2000 Scott Green used two doctors to enable his Medicare fraud. Scott Green used the same senior defrauding accomplice method of operation for the SGRV Elder Abuse and Fraud. Scott Green was hired in 2005 to be SGRV’s Executive Director, and he was terminated on 08/28/12 when his criminal record was discovered along with probable embezzlement charges. Scott Green had nearly eight years at SGRV to bully, abuse, and defraud seniors. Scott Green used his attorney, Scott E. Williams, to misuse the legal system through intimidation, demand letters, and baseless lawsuits.

Scott E. Williams knew Scott Green was misrepresenting SGRV’s status of being a licensed assisted living facility with a licensed nurse. The “smoking gun proof” that attorney Scott E. Williams was fully aware of SGRV’s fraudulent activities is the fact that his “Bates stamp” is on the 11 Elder Care Referral Contracts which misrepresented SGRV as a licensed assisted living facility. Scott E. Williams still filed baseless lawsuits against SGRV residents who had to move because SGRV failed to provide the advertised and promised medical services since Claudia Marquez is an impostor nurse. Scott Green and Scott E. Williams had a court-sanctioned SENIOR FINANCIAL EXPLOITATION scam which extorted over $70,000 from 10 seniors with baseless lawsuits at the Arrowhead Justice Court (the cases that we know about). Our experience with Scott E. Williams showed that he enabled Scott Green’s misuse of the illegal system by falsifying exhibits, engaging in witness tampering, and deceiving the court and HUD with lies. Scott E. Williams’ is politically well-connected and receives extreme favoritism treatment from the Arizona Judicial System. Scott E. Williams wins by any means and is a master of legal trickery, misrepresentations, and using the legal system as a weapon. We reported in our 07/08/11 FRAUD OF THE COURT MOTION that Scott Williams broke six laws and violated 14 Rules of Professional Conduct.

Scott E. Williams is Maricopa County’s leading evictions attorney with 100,000 evictions in 20 years. He was hired by the Maricopa County Board of Supervisors in 2004 to represent the Maricopa County Officials on election matters. Scott E Williams teaches for the Arizona State Bar and he is a pro tem Justice of the Peace at the East Mesa Justice Court.  In 1997, Scott E. Williams started and now oversees his Arizona Association of Landlord Tenant Attorneys (ALTA) which has 17 attorney members.  Scott E. Williams misused that association to benefit himself in order to produce a bogus SGRV mold report and bribed our former attorney to stop representing us with an ALTA membership. The 10/20/09 SGRV phony mold report that was done by Environmental Consulting, Inc. (ECI) wrongfully stated that our SGRV apartment had no mold. ECI was produced by a fly-by-night mold company with a laboratory, Tierra Science, which was closed for bad testing. ECI waived the entire $437.22 SGRV mold testing bill and ECI shortly closed the home-operated business operations after the bogus SGRV report was issued. The ECI’s mold tester, Brandon White, was hired by Scott E. Williams to be ALTA’s mold consultant for many lawyers which confirmed their collusion. 

On 10/08/10, attorney Mark A. Tucker stole $740 from our checking account. Our former attorney, Mark A. Tucker, signed the unauthorized 10/13/09 Stipulation Agreement with Scott E. Williams. This agreement waived our rights to sue our former renter George Kieffer for his past due rent and for the damages to our rental house. This agreement resulted in our losing $20,000. On 10/20/09, Mark A. Tucker failed to appear at the SGRV v. Carol Buck (Fairall) eviction trial which resulted in her Default Judgment. Carol was in the hospital at the time and Mark A. Tucker promised to get the lawsuit dismissed. We asked Karen Olach in the Fairall v. George Kieffer and Karen Olach in our 8/19/10 eviction trial #CC2010-038651 who paid for their attorney Scott E. Williams’ legal representation? Karen Olach stated in our trial that Scott Green paid from the SGRV checking account all of Scott E.Williams’ legal fees for them to fight our eviction lawsuit. Mark A. Tucker was allowed to join Scott E. Williams ALTA’s lawyers group after he had deceived us. Mark A. Tucker had told us that he wanted to work for Scott E. Williams. We believe that he failed to properly represent us because he was bribed by Scott E. Williams’ offer to join the ALTA group of lawyers.

Scott Green used the same method of operation with two Medical Doctors, Pulver and Frank, who assisted him with his 1999-2000 Medicare Fraud Scam, as he did in his 2009 to Present SGRV Scam he used two lawyers, Williams and Tucker, who assisted him in abusing and defrauding us. The Arizona State Bar has ignored all our complaints concerning Mark A. Tucker #10-0136 and Scott E. Williams #10-0232. Our former attorney Mark A. Tucker was Censured in the 09/04/02 Bar Complaint #01-0194 for stealing funds from a client. He is currently on a two-year Probation because of the 01/03/12 Bar Complaint #11-1036 for failing to properly represent a client.

We reported to the FBI on 5/8/12 that Scott E. Williams has a highly questionable operation of bank short-sales investment groups which makes outrageous profits in a short period of time at the expense of the sick and poor. This heinous operation was reported on 12/01/10 in the ARIZONA REPUBLIC newspaper article titled “It is no ‘Wonderful Life’ for county homeowners.”  The article was written by Laurie Roberts and it described how the cancer patient, Hazel Nitis, lost her home by the involvement of Scott E. Williams. We told the FBI on 05/08/12 to follow the money and to discover who are the investors in Scott E. Williams’ many foreign corporations. The backgrounds of the investors in Scott E. Williams’ investment companies could verify why he gets away with murder with governmental officials. It is no surprise that he is being protected by the “Arizona Good-Old Boy System” because we did not get a fair trial on 07/08/10 in the Arrowhead Justice Court and the Court has lost or destroyed our evidence along with the only trial recording.  Our 07/08/11 FRAUD OF THE COURT MOTION was denied. We believe Scott E. Williams’s and Mark A. Tucker’s illegal activities and misconduct are not just limited to SGRV. They should be disbarred, imprisoned, and restitution should be paid to us by the Arizona State Bar lawyers’ misconduct recovery fund.

The evidence of the SGRV/Scott Green’s elder abuse and fraud crimes are: 

1.  The 314 pages of evidence which were wrongfully dismissed in our 7/8/10 trial. (Previously Submitted)
2. The 11 false advertising SGRV internet contracts for Elder Care Referral Agencies. (Previously Submitted)
3   Our 07/08/11 Fraud of the Court Motion and supporting Documents. (Exhibit C: Fairalls’ 07/08/11 Court Motion)
4.  Our Private Investigator’s 01/23/12 interviews of our witnesses: Dan Monroe, Gil Bakke, John Eggen, and Millie Toedebusch. (Exhibit D: Jacob Mueller’s 01/23/12 Witness Report)
5.  The three Channel 3 ON YOUR SIDE elder abuse stories at SGRV:
Clay Haning story aired 10/10:  
Ann Graham story aired 05/12: 
Mark and Carol Fairall story aired 06/12: 
6.  New witnesses’ information and documentation from: DeDe Stockton, Fredda Sharp, and Ruth Grabach.  The new witnesses report: that Scott Green used false advertising stating SGRV was an assisted living facility, falsely misrepresented that the SGRV’s caregiver, Claudia Marquez, was a nurse, and that SGRV sued former residents that moved out when they did not get the promised medical care. The new witnesses stated that Scott Green was the primary perpetrator of the SGRV illegal activities. (Exhibit E: 11/30/12 New Witness Report)

The shocking revelations of the new witnesses are:

1.  Mold existed in many other SGRV apartments.
2.  Scott Green forced his employees to lie for him and retaliated against them when they told the truth.
3.  The SGRV residents got sick from poorly maintained and dirty kitchen equipment.
4.  The SGRV residents were ridiculed, discriminated against, and faced retaliation from Scott Green.
5.  The SGRV property was poorly maintained which caused many hardships for the senior residents.
6.   Scott Green refused to pay the Elder Care Referral Agencies for the new SGRV residents.
7.  Scott Green impersonated a doctor and Claudia Marquez impersonated a nurse in order to get confidential medical records concerning George Grabach.
8.   Scott Green wrote on SGRV stationary 11/13/09 a letter to Mrs. Grabach stating that Claudia Marquez was a nurse and that she could give medical opinions. NOTE: Claudia Marquez was classified and cited as an Impostor Nurse by the Arizona Board of Nursing on 03/25/05.
9.   Scott Green stated in his 11/23/09 letter to Mrs. Grabach that he did not have to obey the patient privacy laws (HIPAA LAWS).
10.  All packages were accepted for delivery at the SGRV front desk and that policy was stated in the SGRV Residents Manual.  No memo ever existed which barred the delivery of packages which contained medication. Fredda Sharp stated that the only medication package that was refused to be accepted at the SGRV’s front desk belonged to Carol Fairall.
11.  DeDe Stockton reported Scott Green’s illegal activities to Scott Green’s immediate supervisor Ann and in her 12/18/07 letter to Rick Jenson, President of Oakdale Heights Management Corp. Mrs. Stockton was a “whistle blower” requesting an investigation of Scott Green. Mrs. Stockton was fired on 12/07/07 in retaliation for her reporting Scott Green’s illegal activities to his boss. . Nothing was done by the 19 SGRV owners or the SGRV management company to stop Scott Green’s illegal activities
12.  In August and September, 2010, Fredda Sharp reported Scott Green’s illegal activities to Scott Green’s immediate supervisor Chuck Major, Vice President of Seniority, Inc. Ms. Sharp also stated that a Seniority, Inc. Marketing Director named Ramona also reported Scott Green’s illegal activities to Chuck Major. Ramona and Ms. Sharp were “whistle blowers” and they both were retaliated against by their job terminations. Again, nothing was done by the SGRV 19 owners or SGRV management company to stop Scott Green’s illegal activities.  Ms. Sharp stated: “I believe that Chuck Major had knowledge of everything Scott Green did and condoned his actions.”

Additional former SGRV residents and employees have expressed an interest in testifying against Scott Green since he was fired in August this year and because he no longer poses as a bully threat, they are:

Lil Eggen – Former SGRV Resident – Phone: XXX XXX XXXX
Paul Elias – Former SGRV Resident – Phone: XXX XXX XXXX
Betty Moore – Former SGRV Resident – Phone: XXX XXX XXXX
Jim Sedlock – Former SGRV Employee – Phone: XXX XXX XXXX
Phyllis Stout – Former SGRV Resident – Phone: XXX XXX XXXX

Scott Green has been defrauding seniors and lying to the government for the past 13 years. Please properly complete our second requested elder abuse and senior financial exploitation complaint investigation of him and his accomplice attorneys, Scott E. Williams and Mark A. Tucker, as soon as possible. The Peoria Police’s original 2010 investigation failed to interview any of our witnesses, failed to discover Scott Green’s past criminal record, and allowed the illegal activities at SGRV to continue for another two years. Although Scott Green has been fired from SGRV, his assistant, Karl Nunley, is now the SGRV Executive Director. The same 19 owners of SGRV continue to use false advertising with an impostor nurse, Claudia Marquez, to dupe the seniors. The extremely serious SGRV building problems, electrical problems, and mold problems put all the seniors that live in the 86-unit dilapidated 30-year old property at risk. The SGRV toxic mold caused the liver cancer deaths of our three dogs. The SGRV toxic mold exposure damaged Carol’s eyes, kidneys, and respiratory system and started the rejection of her transplanted liver. Scott Green tried to kill Carol by refusing the delivery of her medication to the SGRV front desk. Carol will die because of Scott Green’s refusal to protect her from the toxic mold at SGRV. This was all done by a vengeful slumlord, Scott Green, that was hiding his criminal past record, and he retaliated when we filed fair housing complaints about SGRV to HUD and the Arizona Attorneys General.

Please coordinate any questions and documentation needs with our attorney, Felicia Rotellini, at or our Private Investigator, Jacob Mueller. Ms. Rotellini is representing us on our three-year stalled HUD fair housing complaint, FAIRALL v. SGRV #091104058.

Sincerely,
Mark and Carol Fairall


Attachments:
Exhibit A:   09/17/12 Fairall letter to MACO
Exhibit B:   10/02/09 & 12/03/09 INJUNCTIONS AGAINST HARASSMENT – George Kieffer
                  HR2009000202 & HR 2009000245
Exhibit C:   Fairalls’ 07/08/11 FRAUD OF THE COURT MOTION
Exhibit D:   Private Investigator Jacob Mueller’s 01/23/12 Witness Report
Exhibit E:   11/30/12 New Witness Report

cc:  President Barack Obama
       U.S. Senator John McCain
       U.S. Department of Justice – Criminal Division - Complaint #JL300369854
       Maricopa County Attorney
       Felicia Rotellini – Attorney
       Jacob Mueller – Global Eye Investigations






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