HUD IS BROKEN
The United States Department of Housing and Urban Development (HUD)
was founded in 1965 to develop and execute polices on housing. HUD’s mission is
to create strong, sustainable, and affordable homes/apartments in order to
improve the quality of life free from discrimination. HUD is huge with nearly
11,000 employees and a 2013 budget of over $44 billion (a decrease of $12 billion
from 2012).
In 2008, former HUD
Secretaries Jack Kemp and Henry Cisneros called for HUD to be replaced. They spent a year studying HUD and stated the
current agency cannot effectively enforce fair housing complaints because of
conflicts of interest, poor enforcement, and no penalties for doing a bad job.
Henry Cisneros stated; “We have come to the conclusion as a
commission that the only way to address this problem is with the establishment
of an independent, effective, impartial enforcement agency with the backing
from the president and from Congress.”
HUD is a Presidential Cabinet position that held by 47-year old Shaun Donovan. Donovan previously headed the New York Housing Development for five-years. Shaun Donovan rise to power was bolstered by his working for the 2008 Obama Presidential Campaign and his reward was his 2009 HUD Secretary Position. HUD’s performance under Shaun Donovan’s management is dismal with a dramatic Decreased in Fair Housing Lawsuits, enormous Wasteful Community Development Programs ($1 billion was misspent for the Katrina disaster), and becoming the Nation’s Biggest Slumlord of Substandard and Dangerous Housing. HUD went from BAD in 2008 to being now TOTALLY BROKEN in 2013 under the management of Shaun Donovan who does little to earn his $200,000 yearly salary.
Shaun Donovan needs to immediately be fired.
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| SHAUN DONOVAN - HUD SECRETARY DONOVAN HAS DESTROYED HUD AND NEEDS TO BE FIRED. |
In a recent 2012 CIVIL RIGHTS FAIR HOUSING CONFERENCE
it was reported that over four million Housing Discrimination's occur annually
but only 30,000 fair housing complaints were filed with the ten HUD Regional
Offices. Fair Housing Lawsuits have dropped from 125 cases in 1995 to 28 cases
in 2012 while the fair housing complaints have tripled. Not everyone is filing
fair housing complaints because the public has recognized the futility of
filing a complaint with HUD. John
Goering, Professor at Baruch School of Public Affairs-New York and former
HUD Civil Rights Administration, stated at the conference: “Americans
do not file complaints and use their fair housing rights because they have
concluded they are essentially useless.”
HUD needs to be redesigned to eliminate conflicts of interest, to eliminate the little empires of HUD Supervisors, and to eliminate HUD’s inconsistent performance efforts with conformity of policies, investigations, training, and supervision.
US Senator Tom A. Coburn is the Ranking Member of the Homeland Security and Governmental Affairs
and the Senator who wrote the 04/01/13 Letter to Shaun Donovan to explain the
nearly $1 billion of missing Katrina disaster funds. Shaun Donovan did not
respond to Senator Tom A. Coburn’s letter. We have just contacted Senator Tom
A. Coburn telling him HUD’s Shaun Donovan has been inept in our 2009 Fair Housing Complaint #0911004058 Fairall
v. Sun Grove Resort Village (SGRV). We told Senator Tom A. Coburn that
Shaun Donovan ignored our Arizona Senator
John McCain’s six-months of efforts to correct HUD’s mistakes from April to
September 2012. Shaun Donovan ignored our letter 09/04/12. Shaun Donovan ignored our attorney Felecia Rotellini’s efforts at the end
of 2012 to get HUD to open our Fair Housing Complaint and to properly prosecute
Sun Grove Resort Village. We finally have written to President Obama on 02/21/13 for his help.
We asked Tom A. Coburn to
start to fix HUD with the
immediate termination of Shaun Donovan’s employment.
IMPORTANT NOTE: HUD has a Conflict of Interest in the investigation of our three and a half year Fair Housing Complaint against Sun Grove Resort
Village (SGRV) since HUD approved SGRV as a Low Income Housing a few years
ago. How can HUD approved the substandard and dangerous mold filled SGRV
property and subsidize the poor peoples' SGRV rent?
It is no wonder our HUD Fair
Housing Complaint was ignored because HUD supports SGRV. That is a huge
CONFLICT OF INTEREST!
This Internet Posting will include the public documents of: the 04/21/12
Fairall letter to Senator John McCain, 09/04/12 Fairall letter to HUD’s Shaun
Donovan, and the 02/21/13 Fairall letter to President Barack Obama.
04/21/12
FAIRALL LETTER TO
SENATOR JOHN
April 21, 2012
United States Senator John
McCain
Attention: Donna Kennedy
2201 E. Camelback Road
Suite 115
Phoenix, AZ 85016
RE: REQUEST FOR YOUR SECOND REFERRAL OF OUR FAILED FAIR
HOUSING COMPLAINT #09-11-0405-8 FAIRALL v. SUN GROVE RESORT VILLAGE (SGRV) TO THE OFFICE OF INSPECTOR GENERAL FOR A
REVIEW/AUDIT AND THE REOPENING OF OUR HUD COMPLAINT AND PROSECUTION OF SGRV.
To the Honorable Arizona
Senator John McCain:
This
letter is written to inform you that the Office
of Inspector General (OIG) ignored your 02/27/12 request to review/audit
our fair housing complaint #09-11-0405-8
Fairall v. Sun Grove Resort Village (SGRV) and simply referred our
complaint back to HUD. Please refer
our fair housing complaint a second time with the following detailed
information to the OIG to be completely reviewed and audited so that our
complaint can properly proceed against the fair housing law breaker SGRV. This fair
housing discrimination case has huge ramifications which should include the
disbarment of SGRV’s attorney, Scott E. Williams, the criminal prosecution of
Arizona Attorney General (AAG), Tom Horne, the Systemic Investigation of The
Baptist Foundation, and the funding of the 2010
Elder Justice Act.
We
received HUD’s 03/26/12 FINAL NO REASONABLE
CAUSE LETTER, signed by Lynn Grosso, stating that we failed to produce any
new evidence (Exhibit #1 – 03/26/12 HUD’S Final NO REASONABLE Cause Letter). This
new 03/26/12 HUD decline letter contained the 05/13/11 AMENDED FINAL INVESTIGATIVE REPORT which we had never previously
seen. This letter is written to present an overview of our fair housing
complaint, to dispute the 05/13/11 Investigative Report, and to present the
details of HUD’s mistakes, omissions, and lies. We are fully aware HUD is
broken and totally failed to properly investigate our case. This documentation concerning
the failure of HUD DEMANDS a
complete OIG review/audit to be done. The HUD individuals responsible for this
atrocity of justice need to be terminated.
We
requested an FBI investigation against AAG, Tom Horne, for failing to provide
us DUE PROCESS AND EQUAL PROTECTION OF
THE LAW (UNITED STATES TITLE CODE 42, SECTION 1983 - FOURTH AMENDMENT) (Exhibit #2 – 04/04/12 Fairall Letter To
FBI Requesting MISCONDUCT INVESTIGATION Against AAG, Tom Horne). Mr.
Horne failed to prosecute SGRV’s attorney, Scott E. Williams, because he is a
well-connected elections attorney who misuses the legal system to aid and abet
SGRV’s false advertising scam. When
seniors realize SGRV is not a licensed assisted living complex with a licensed
nurse, they move due to their health needs. SGRV and its attorney sue the sick
and hapless seniors and have stolen over $70,000 that we know of, in baseless
lawsuits in their Elder Financial Exploitation Scams. New witnesses have come
to us to report that SGRV’s and attorney Scott E. Williams’ elder abuse and
financial extortion have continued since our departure on 10/23/09 to the
present.
We
have written our 03/19/12 letters to President Obama requesting that HUD
perform a SYSTEMIC INVESTIGATION
against SGRV and its management company, The
Baptist Foundation, for using false advertising and bullying seniors with
harassment and baseless lawsuits. The Baptist Foundation allows these illegal
activities to hide the fact that it puts the residents at risk by renting to
people with highly infectious diseases such as Tuberculosis and MRSA. We also
requested to speak before Congress to get the 2010 Elder Justice Act funded since the states do a spotty job of
protecting seniors and HUD is not equipped to protect seniors from fair housing
problems in a timely manner (Exhibit #3 – 03/19/12 Two Fairall Letters
to President Obama).
We
have been writing the AAG and HUD since 09/13/09 for help. Now, 951 days have
passed since our first elder abuse and fair housing complaints were filed. To
date, eight key senior witnesses have died and two more are near death. We
filed the 05/31/10 police report #01-10-007447 about the SGRV senior abuse, but
we were told by the Peoria Police that they did not have the manpower to worry
about crimes against seniors. We know of 46 SGRV senior abuse cases and 23 of
those seniors have died with no Justice. Neither our state nor federal law
enforcement agencies did anything to stop it which makes the Police, AAG, and
HUD accomplices to SGRV’s/Williams’ Elder Abuse and Elder Financial
Exploitation.
OUR FAIR
HOUSING COMPLAINT OVERVIEW
SGRV
is a 33-year old senior living apartment house with 86 apartments. SGRV uses
false advertising to dupe seniors into believing that it is a licensed assisted
living facility with a nurse, but that is untrue. SGRV is owned by 19
out-of-state investors who lost over $4 million with the SGRV purchase in the
$250 million/2,000 investor PONZI scam Oakdale Heights/AREI, now going to trial
in California. SGRV’s owners are so desperate that they put profits before
people and break every law possible to keep their bad investment in business. SGRV
is an unsafe and dangerous place in which to live as shown by our pictures of
unlockable windows, garbage standing in water, and an infestation of
cockroaches/bugs. SGRV is fire hazard with overgrown shrubs, electrical boxes
with wiring hanging out, full gas containers stored behind the main building,
and no fire alarm drills. Our picture #10 shows the dangerous standing water walkways
that our witness Millie Toedebusch spoke about in her witness testimony. Former
SGRV resident Earl McHenry passed away on 04/09/10 due to being injured at SGRV
when his mobile wheelchair fell over a sidewalk obstruction. Former SGRV
resident Catherine Kielly was badly injured in March, 2009, when she fell in
her SGRV apartment and was trapped on her apartment floor screaming for help for
three days because the SGRV emergency alarm did not work. Our pictures document
our 10/02/09, 10/08/09, and 10/10/09 SGRV apartment #1027 water leaks and mold.
SGRV uses false internet advertising and our picture of the SGRV van shows the
false advertising sign that it is the winner of an assisted living award. We
still have the book shown in pictures #19, #20, #21, and #22, secured in
plastic, which is full of mold. These pictures prove the SGRV leaks and mold
existed plus the fact that WE STILL HAVE
THE MOLD (Exhibit #4 – 26 Pictures of SGRV Property taken in 09/09).
We
have been filing formal complaints with the AAG since 09/13/09 about SGRV’s
false advertising and fair housing violations. Our 09/13/09 AAG complaint caused
SGRV and its attorney, Scott E. Williams, to majorly violate our fair housing
rights. SGRV retaliated against us for our AAG complaints by withholding essential
services, refusing Reasonable Accommodations Requests, and suing us. We wrote
our last 08/30/11 complaint to the AAG for the criminal prosecution of SGRV and
attorney Scott E. Williams for elder abuse and Elder Financial Exploitation (Exhibit
#5 – 08/30/11 Fairall Letter to AAG Demanding CRIMINAL PROSECUTION).
We
get responses back from the AAGs that SGRV has broken no laws and the AAGs
ignore the false advertising, imposter nurse, and court-sanctioned Elder
Financial Exploitation Scam. It is easy to understand why Harvard-educated Arizona
Attorneys General, Terry Goddard and Tom Horne, protect Scott E. Williams because
he is a well-connected elections attorney. Scott E. Williams was hired in 2004
by the Maricopa County Board of Supervisors for all election matters. Mr.
Williams is untouchable for the prosecution of his criminal activities since he
is the elections attorney to the Governor, State Legislature, Corporation
Commission, Justices of the Peace, school boards, and the Maricopa County
Attorney (Exhibit #6 – 04/18/12 Scott E Williams Website). Scott E. Williams is the Maricopa County
leading evictions lawyer, fair housing complaint lawyer, and
landlords/investors lawyer as advertised in his website.
In
1973 Mr. Horne was found guilty of violating federal securities laws and
received a lifetime trading ban from the SEC. Prior to Tom Horne’s
being elected AAG, he was a state House of Representative Legislator from 1997
to 2001, state Senator from 2001 to 2003, and the Superintendent of Public
Instruction from 2003 to his 2010 AAG election. At one time after 2004, Scott
E. Williams was Mr. Horne’s elections attorney. Mr. Horne is considered the
leader of the nine GOP state Attorneys General (Horne, Bondi, Olens, Schuette,
Pruitt, Jackley, Wilson, Abbott, and Cuccunelli) now suing President Obama for
illegal administration violations. AAG Tom Horne is posturing to be Arizona’s
next Governor, but he is currently being investigated by the FBI for campaign
violations in his 2010 AAG election. Mr. Horne is being accused of illegally
collaborating with an independent expenditure committee on $500,000 worth of
election advertising. Also, the AAG’s chief criminal prosecutor, James Keppel,
just resigned because he disagreed with Mr. Horne on several criminal
prosecution cases. It is rumored that Mr. Keppel is assisting the FBI with its
investigation of Mr. Horne.
HUD
is inept, as described by former HUD Secretaries Kemp and Cisneros in a recent
bipartisan study, but AAG Tom Horne is a criminal.
HUD LIES
In
our 01/13/11 telephone conversation with HUD’s interviewer, Zachary D. Blair, we
were told the obvious fair housing discrimination that would allow HUD’s
prosecution of SGRV was the fact that SGRV illegally charged $450 for Mark’s
licensed seizure service dog. We told him the documentation was in the 1,000
pages of documentation we had sent HUD. We had sent HUD a copy of the SGRV
11/20/07 bill showing the $450.00 illegally charged pet fee, a copy of Mark’s
check dated 10/02/07 paying for the illegal pet fee, the service dog medical
card, and 09/04/09 Fairall letter to SGRV requesting the illegal service dog
fee be refunded (Exhibit #7 – Service Dog documentation and charges). Mr.
Blair’s 01/13/11 HUD testimony does not show that this promise to open our
complaint for prosecution of SGRV was ever made.
HUD
LIE #1: HUD’s investigator Zachary Blair
lied when he said the illegal service dog fee payment of $450 and the refusal of
SGRV to refund the illegally collected fees would open our fair housing
violations complaint.
In
our 05/16/11 telephone conversation with HUD’s interviewer, Catherine
Ross-Perry, she told us she was recommending to HUD to prosecute SGRV based
upon our 09/29/09 letter to SGRV. That letter complained about SGRV’s refusal
to accept Carol’s anti-rejection medication and that letter represented our first Reasonable Accommodation Request for
a Disabled Person. In our 09/29/09 letter to SGRV, we stated: “Your resent (recent, sic) refusal to
accept packages at the office for Carol or myself is also Harassment as you did
today by refusing a package for Carol. She was lucky the FedEx man brought her
delivery to the apartment since it was critical medication. You need to accept
packages for us the same (as, sic) you do other Sun Grove Residents.” (Exhibit #8 – 09/29/09 Fairall Letter to
SGRV Demanding Carol’s MEDICATION TO BE ACCEPTED FOR DELIVERY.) We
never received any response from SGRV concerning our first Reasonable Accommodation
Request for a Disabled Person to allow SGRV to accept delivery of Carol’s
medication.
It
is important to note that SGRV first started refusing Carol’s medication shortly
after our 09/13/09 AAG fair housing complaint was filed. Also, at the same time,
SGRV refused to repair Mark’s and Catherine Reinertson’s apartment #1017 air
conditioning. SGRV had declared war on us by withholding essential services
because we had filed our complaint to the AAG. This fair housing violation war
was verified by SGRV’s attorney, Scott E. William, in his 10/08/09 and 10/09/09
emails to the Fairall attorney. Mr. Williams was quoted by our
attorney, Mark Tucker, stating: “Scott
(Williams) said his client has responded to your Attorney General complaint. He
said his client is willing to put a lot of money in persuing (pursuing, sic)
this matter and defending claims you might have. Essentially they said to pound
sand…Scott Williams made it perfectly clear that Sun Grove will fight you tooth
and nail on this and they have invested the recourses (resources, sic) to do
so. They have responded to your complaint to the Attorney General and claim
they are not worried. It appears you may have to pull out all the stops if you
want to push this matter forward.” (Exhibit
#9 – 10/08/09 & 10/09/09 Emails from Attorney Tucker to Fairall).
We
continued to speak to Ms. Ross-Perry about the second Reasonable Accommodation Request for a Disabled Person
written on 10/09/09 at 10:53 am by our attorney, Mark Tucker, to Scott E.
Williams: “Sun Grove has again refused
to let Fed Ex deliver the medication for Carol Buck (Fairall). She is a liver
transplant receipt (recipient, sic), and Sun Grove, an “assisted living”
community accepts medication deliveries for all other residents. This is the
second time they have refused to allow Ms. Buck’s (Fairall) medication be
delivered. She is a current resident. THIS STRIKES ME AS CLEAR BAD FAITH AND
RETALIATION…Please instruct Scott Green and the staff at Sun Grove that
they are not to interfere or interrupt the delivery of Ms. Buck (Fairall)
medication. Her life depends on it.” (Exhibit
#10 – 10/09/09 Emails from Fairall Attorney to SGRV Attorney).
Mr.
Williams told Fairall’s attorney that two policies existed and medicine packages
were turned away while regular packages were accepted. Mr. Williams refused to
grant our second Reasonable Accommodation
Request for a Disabled Person to allow the delivery of Carol’s
anti-rejection medication. Ms. Ross-Perry told us on 05/16/11 that SGRV’s
attorney, Scott E. Williams, produced to HUD on 02/28/11 the SGRV Delivery of
Medication Policy & Procedure dated 01/03/06 where SGRV refused medication
delivery and accepted regular packages. We explained that was falsely
manufactured evidence by attorney Scott E. Williams because no “double
standard” package acceptance policy had ever existed. We confirmed to Ms. Ross-Perry
that we had the 2007 SGRV Resident Handbook which stated that all packages were accepted by SGRV. We
informed Ms. Ross-Perry that we were familiar with how Mr. Williams dummies false
documentation from our 07/08/10 trial. Ms. Ross-Perry stated that evidence, the
2007 SGRV Resident Handbook, would open our fair housing complaint to
prosecution of SGRV. We stated that we had already sent it with our original
complaint documents but we would immediately email her our entire copy of the
important SGRV Resident Handbook.
We
got verbal and email confirmation that day that Ms. Ross-Perry had received our
2007 SGRV Resident Handbook that had
only one policy for the delivery of packages which did not mention medical
packages were refused (Exhibit #11 – 05/15/11 Fairall Email to
HUD’s Ross-Perry, 05/16/11 Email Verification of HUD’s Receipt of SGRV Resident
Handbook, and 05/16/11 Email from HUD’s Ross-Perry stating she received the
SGRV Handbook). The SGRV Resident Handbook stated:
“Packages
- Sun Grove Resort will notify you if you have a package that was delivered by
a non-U.S. postal service company (e.g. Fed Ex, UPS, etc.) You can pick up the
package via the concierge or courtesy attendant in the clubhouse. We require a
written signature pick-up. The U.S. postal service will leave you a note in
your U.S. mailbox at the rear of the clubhouse, if you receive a package that
has been sent via the U.S.P.S. Package that have been left unclaimed for
several days will be delivered by our courtesy attendants to our residents’
apartments. Signatures are required upon delivery.” (Exhibit #12 - 2007 SGRV RESIDENT HANDBOOK).
We
explained to Ms. Ross-Perry that SGRV had only one policy to accept deliveries
of all packages. We explained that really did not matter because we did make two
written Reasonable Accommodation Requests for a Disabled Person to have Carol’s
medication package deliveries accepted by SGRV. We explained that Carol
answered the question: “Did you make a verbal Reasonable Accommodation Request?
YES OR NO ONLY” Carol said no because she had been advised by our lawyer not to
speak to SGRV’s Mr. Green; also, Mr. Green was avoiding us, two written
requests had been made, and why would
she talk to anyone at SGRV because Mr. Green was trying to kill her.
HUD
LIE #2: HUD’s investigator Catherine
Ross-Perry lied when she told us on 05/16/11 that she was recommending that HUD
prosecute SGRV for housing violations when she had already signed off on our
case on 05/12/11.
HUD
LIE #3: HUD’s investigator Catherine Ross-Perry lied by omission when she did
not report the receipt of the 2007 SGRV Residents Manual on 05/16/11.
The
05/13/11 HUD report stated that Catherine Ross-Perry spoke to Lil Eggen on 03/03/11.
Lil Eggen was and is afraid of being sued since she has been threatened by SGRV
and Scott E. Williams for a $1,400 lawsuit for normal carpet wear and tear
damage and she is still requesting her SGRV original refundable $500 security deposit.
She has refused to be interviewed by anyone. Our private investigator interviewed
her son, John Eggen, and we have just confirmed that no interviews were ever
allowed by his mother.
HUD
LIE #4: HUD’S investigator Catherine
Ross-Perry lied about her falsified evidence of her 03/03/11 telephonic
interview of Lil Eggen because her testimony was never given.
HUD MISTAKES
HUD
MISTAKE #1: HUD’S Regional Director Chuck E. Hauptman failed to interview all
of the 27 witnesses from the Fairall 04/15/11 witness list, as ordered to do so
by Washington DC HUD (Exhibit #13 – 04/15/11 Fairall Witness List). This mistake has caused the Fairalls to lose 78% of
their witnesses since three moved, ten refused to testify, one hostile witness
lied, and eight passed away. This resulted in our having to hire an elder abuse
private investigator, Jacob Mueller, to interview the remaining four witnesses
willing to testify (Monroe, Bakke, Eggen, and Toedebusch).
HUD
MISTAKE #2: The HUD RECONSIDERATION failed to accept the four witness
testimonies taken by our private investigator (Exhibit # 14 –11/21/11 Fairalls’ Private Investigator’s, Jacob
Mueller, OVERVIEW Letter & January, 2012 WITNESS TESTIMONY REPORT). The critical information our witnesses verified was the
following:
Dan Monroe was a member of the SGRV Residents’ Council and he,
too, was discriminated against and had his medication package delivery withheld
for helping fight for the fair housing rights of others. Our private
investigator interviewed Mr. Monroe on 07/15/11. The following is a quote from
our private investigator’s conversation with Mr. Monroe: “Mr. Monroe was informed that Sun Grove’s employee would not sign for
his insulin or his narcotics. Mr. Monroe told me that all packages had to go
through Sun Grove’s office, and they would not allow the packages to be
delivered directly to the residents’ apartments. Mr. Monroe said that he had
his packages delivered for several months without any issues. In May 2009,
Scott Green had told Mr. Monroe that Sun Grove staff was not going to sign for any
of Mr. Monroe’s medications. He also had knowledge that Carol Fairall’s
packages were being refused for delivery. During that time, Mr. Monroe had
knowledge that several of the residents at Sun Grove did not have any issues
with their medications being refused for delivery. Mr. Monroe felt that his
packages were possibly being refused due to him standing up for the other
residents in the community of Sun Grove.” Mr. Monroe documented the unsafe
conditions at SGRV, false advertising, imposter nurse, money extortion,
intimidation by SGRV’s Green, and SGRV’s refusal to let the Fairalls use the
guest cottage because of mold in their apartment.
Gilbert Bakke, deceased Catherine Reinertson Executor, was
interviewed by telephone on 07/29/11, and he documented for Mr. Mueller the
SGRV unsafe living conditions which included: non-working alarm system, broken
air-conditioning, a dirty pool, and the harassment against Catherine Reinertson
because she was related to Mark Fairall. Mr. Bakke stated: “Due to Mr. Bakke’s involvement in the issue, a letter was sent to Mr.
Bakke threatening legal action due to his interference with a contractual
relationship between Sun Grove and Catherine Reinertson.” This documents
how SGRV is run by threats, intimidation, discrimination, and lawsuits.
John Eggen, son of Lil
Eggen, was interviewed by telephone on 07/29/11, and he documented that his
mother lived at SGRV and feared retaliation from SGRV’s Scott Green and did not
wish to testify. Mr. Eggen documented for Mr. Mueller the unsafe SGRV living
conditions which included: mold, uneven walkways, unlicensed nurse who hurt his
mother, poor lighting, unstable benches, and a resident trapped after a fall for
three days in her apartment. The report states: “I also asked Mr. Eggen how Lil Eggen received her medication. Mr.
Eggen said that the medication was delivered and normally left in the front
office due to its size, and there should be a notice left in her mailbox
notifying Ms. Eggen that she had a package inside the office. Mr. Eggen said
that occasionally packages would be hand delivered to Ms. Eggen’s apartment by
Sun Grove staff. Mr. Eggen had no knowledge of Ms. Eggen’s packages ever been
refused for delivery.”
Millie Toedebusch (96 years old) had
a telephone interview by HUD on 05/05/11 (Exhibit #1), and our private
investigator interviewed her at her home on 08/29/11 (Exhibit #14). The
testimonies are diametrically opposite in substance. In the HUD documentation,
Millie is quoted to have been satisfied with her apartment, never needed repairs
on her apartment, and only moved due to a personality conflict with SGRV’s
Scott Green. In our private investigators conversation, Millie had a
refrigerator stop working which her spoiled food, she was concerned that SGRV
had no fire drills, she was forbidden to play Bridge in the game room and she
was concerned about the flooded walkways, the altering of dates on her lease,
and the $6,000 lawsuit SGRV filed against her for an unused free month’s rent after
she had completed her one-year lease. Ms. Toedebusch stated: “Mr. Green informed Ms. Toedebusch that she
needed to pay the rent through the end of her lease, repay the free month rent,
and repay the moving expenses that were reimbursed. Mr. Green also informed Ms.
Toedebusch that she needed to inform the Attorney General’s office, Better
Business Bureau, and the Area Agency on Aging that her complaint had been
resolved. It should be noted that Ms. Toedebusch had written a letter to these
agencies expressing her concerns. Ms. Toedebusch told Mr. Green she would not
notify the agencies due to the fact that she felt the issues had not been
resolved, nor did she feel it was fair for her to pay for an extended lease
over the one year period and be responsible for the free month and moving costs
she received. Ms. Toedebusch said Mr. Green ultimately filed a lawsuit against
her for this.” This testimony shows the despicable depth of SGRV’s
Retaliation for fighting for one’s fair housing rights by SGRV suing this 96-year
old sick women who was afraid for her health and safety and had her fair
housing rights violated by being blocked from playing Bridge in the clubhouse
or anywhere on the SGRV property.
Note: SGRV sued Ms. Toedebusch on 11/06/09 and scheduled her trial on
Christmas Eve, 12/24/09. Millie believed Green did that to ruin her Christmas.
Her lawyer, Tim Goddard, was assigned to her by the Agency of Aging to
represent her. Tim Goddard is the Executive Director of Arizona Senior Citizens
Law Project which is a state-funded legal service. Tim Goddard is also the
brother of the past Arizona Attorney, General Terry Goddard, who ignored
Millie’s fair housing complaint. Tim Goddard failed to show up at the trial and
Millie lost by default. She had her saving account garnished for $6,000, and
Mr. Williams garnished it twice and collected $12,000. Mr. Williams later
refunded the overpayment of the wrongful baseless lawsuit judgment. All this
SGRV stress had damaged Millie’s health and spirit (Exhibit #15 – Arrowhead
Justice Court Documents of 11/06/09 lawsuit #CC2009-651105 SGRV v. Millie
Toedebusch).
HUD
MISTAKE #3: HUD interviewer Catherine Ross-Perry failed to get a proper
interview from Ms. Toedebusch which completely detailed her problems with SGRV.
HUD
MISTAKE #4: HUD accepted the biased
scripted testimonies of SGRV employees, former employees, and a SGRV service
provider (Peter Bennett, George Kieffer, Luis Olivares, Scott Green, Sharon
Bartlett, Gail Magnuson, and Brandon White (Environmental Consulting, Inc.) These
are false testimonies with phony documentations submitted to HUD by SGRV’s
crooked attorney Scott E. Williams.
Mr. Bennett reported he saw no mold. Our pictures (Exhibit #4)
prove him a liar. Mr. Bennett confirmed that we had mold in our apartment in
October, 2009. He stated: “SGRV has
really gone downhill and that SGRV’s Scott Green is a desperate man doing
desperate things to keep the property afloat.” At that time Mr. Bennett’s
daughter lived in SGRV’s
Scott
Green’s rental house and Mr. Bennett lived at SGRV because his rental house was
foreclosed upon. Mr. Bennett was totally controlled by SGRV and Scott E.
Williams because they provided him his income and living accommodation for his
daughter, wife, and himself. When asked in our 07/08/10 trial if he was an
honest man, he replied: “I try to be
honest, Mark, but every man has his price to lie.” The court recording has
been destroyed by the court in the Williams cover-up.
Mr. Kieffer reported he could not find the leak and that he saw no
mold. Our pictures (Exhibit #4) prove him a liar. Mr. Kieffer threatened to
kill us on 10/01/09 as documented by our 10/01/ 09 attorney’s letter to him. We
evicted Mr. Kieffer for nonpayment of rent on our rental house with lawsuit #CC2010-038651. We had an Injunction
against Harassment #HR2009000202
granted on 10/02/09. We were stalked by
Mr. Kieffer on the SGRV property on 10/04/09, and we made a #911 emergency call
for Police protection. We extended the Injunction against Harassment #HR2009000245 on 12/03/09. Mr. Kieffer
stalked our Sun City West home on 01/23/11 and 01/24/11. We extended the
Injunction against Harassment #HR2011000069
on 01/24/11. Scott E. Williams had Mr. Kieffer testify against us in our
lawsuit against SGRV, but he blocked our cross-examination of Mr. Kieffer. That
was not surprising because Mr. Williams blocked our evidence, witnesses, and
fair trial so that we would lose our 07/08/10 trial. The court, in its effort
to hide the court-sanctioned Elder Financial Exploitation scam that Mr.
Williams has on going in the court, destroyed the 07/08/10 recording (Exhibit
#16 - 10/01/09 Fairalls’ Attorney Letter to Kieffer, Kieffer Lawsuit Documentation,
and three different Injunctions against Harassment against Kieffer).
Mr. Olivares reported he saw no leak or any mold. Our pictures
(Exhibit #4) prove him a liar.
Mr. Green and Ms. Bartlett reported SGRV had two different package delivery
policies and that SGRV refused medication package deliveries. Our copy of
SGRV’s Resident Handbook proves only one policy existed (Exhibit #12). Our
witnesses Dan Monroe and John Eggen stated medicine packages were accepted for
delivery by SGRV (Exhibit #14) and proved Mr. Green and Ms. Bartlett are liars.
Gail Magnuson was fired from SGRV in 08/09 for stealing from the
residents. She stole $25,000 from SGRV resident Eldon Doll, but SGRV and
Williams threatened him with eviction and a lawsuit if he testified. SGRV
withheld the deliveries of Carol’s medication packages on 09/29/09 and 10/08/09,
which was after Ms. Magnuson had moved back to Washington state. We filed
lawsuit #CC2008-253626 Fairall v. Magnuson on 11/07/08, and won a judgment
against her for the unpaid rent. Ms. Magnuson threatened to hurt me on 01/09/09
and we wrote the 01/12/09 letter for help to SGRV. SGRV did nothing (Exhibit #17 – Fairall Lawsuit Documentation
against Magnuson & 01/12/09 Fairall
Letter to SGRV).
Brandon White – Environmental
Consulting, Inc was hired by SGRV
and Scott E. Williams to provide a fake mold report. Mr. White reported in the 03/03/11
HUD interview: “He stated that the mold
inspection he did at the complainants’ apartment was the first job he ever did
at the subject property, and the first time he met Scott Williams. He acknowledged
that he gave a $300 discount on the job, but said that the reason for the
professional courtesy discount was that he was late to the job, and generated
the report a week late. He said the discount on the job had nothing to do with
a relationship between him and Mr. Williams, and that there was no such
relationship.” The truth is that Mr. White waived the $427.33 fee for the
report and charged nothing for the entire job. The truth is that Mr. White
completed the report on 10/20/09 which was only four days after the 10/16/09
investigation. The truth is Mr. White became the mold specialist for Scott E.
Williams’ ALTA, an evictions lawyer group, and did have a paying relationship
with Mr. Williams. The truth is the mold lab, Tierra Science, went out of
business for faulty testing (Exhibit
#18 – 10/20/09 ECI Mold Report and 10/22/09 ECI Invoice to SGRV.
It
is important to note that we used a PRO-LAB
test kit to verify the existence of the SGRV mold which was purchased at Lowes.
PRO-LAB is the number #1 selling brand of home testing kits and this Florida
and Toronto company has been in business for over 20 years. Their mold test kit
is sold in all the major home improvement stores, and it has the endorsement of
31 major governmental agencies and independent associations (Exhibit
#19 – 04/20/12 Documentation from Pro-Lab Website).
SGRV
and Scott E. Williams used Environmental Consulting, Inc. (ECI) to dispute the
existence of the SGRV mold. The Arizona Corporation Commission (ACC) records
show that ECI was incorporated in 09/08, and the company’s business address was
the company owner’s, Miranda Mayo, home. According to the Arizona Better
Business Bureau, the company ceased operation in 02/11. The ACC records showed
ECI did not file a Corporation Annual Report in 2011 and closed ECI in 02/12. It is obvious ECI went out of business due to
financial problems because the company couldn’t even pay its annual corporate
filing fees. It is critical to note that HUD’s Ms. Ross-Perry investigated the
ECI testimony on 05/03/11 after ECI had closed on 02/03/11. The ECI report was just
a phony mold investigation from an inexperienced and disreputable fly-by-night
mold Inspection Company--both it and the lab used, Tierra Science, are closed (Exhibit #20 – ECI’s Better Business Bureau
Report & Arizona Corporation Commission Records of ECI).
HUD
MISTAKE #5 – HUD interviewer, Catherine Ross-Perry, failed to verify the
worthiness and authenticity of the mold Inspection Company, as well as its lab,
used by SGRV and Scott E. Williams. ECI answered the phone when she called because
it was the owner’s home, and the 2 1/2 year old company had already closed.
Summation
We
believe the primary person who is responsible for HUD’s failure to properly and
timely investigate our fair housing complaint is the Regional Director of
Region Nine, Chuck E. Hauptman. In
our analysis of HUD productivity, Region Nine HUD has the worst track record. We
believe Mr. Hauptman is the worst HUD Regional Director because of his poor record.
We feel Mr. Hauptman is apprehensive to sue SGRV because he knows attorney,
Scott E. Williams, is very successful and is well connected to Arizona
governmental officials. Scott E. Williams is Arizona’s leading evictions and
elections attorney. Mr. Williams boasts that he has had over 100,000 evictions
in the past 20 years. Also, Mr. Williams advertises that his legal specialty
area is Landlords’ fighting HUD complaints (Exhibit #6). Mr. Williams is cocky
and an out-of-control legal bully who driven to win by any means. It is very
reasonable to believe that HUD’s Hauptman knows attorney Scott E. Williams and
does not want to have a legal battle with him. Mr. Hauptman closed our fair housing
complaint on 05/13/11 when HUD’s investigator, Catherine Ross-Perry, was still
collecting information and calling our witnesses. When we spoke to Ms.
Ross-Perry on 05/16/11 we believed she was telling the truth that she was going
to approve our complaint because it had merit. We sent her the documentation
she requested and copied Mr. Hauptman. We received a computer- generated
response that he was on vacation from 05/16/11 through 05/20/11 (Exhibit
#21 – 05/16/11 Automatic Email from HUD’s Hauptman’s Computer that he was on Vacation).
We believe Mr. Hauptman cleared his desk on 05/13/11 just before his vacation
and prematurely closed our complaint while the investigation was in process. We
believe he had Ms. Ross-Perry sign the back-dated 05/13/11 AMENDED FINAL
INVESTIGATION REPORT to cover up his mistake.
We
are still receiving new witnesses coming to us for help against SGRV and Scott
E. Williams. Two new witnesses are:
DeDe Stockton– DeDe was a former concierge at SGRV who was fired
because she went to SGRV’s management company, Seniority Inc. which is a
subsidiary of The Baptist Foundation, and reported all of its illegal
misrepresentations and illegal activities. DeDe verified that her mother,
Vivian Knutson, lived at SGRV and she always had her medication accepted for
delivery at SGRV. She stated that SGRV accepted all resident packages,
regardless of the contents. DeDe verified that SGRV always loaned the guest
apartment when a SGRV resident’s apartment became uninhabitable. DeDe would be
aware of all the fair housing violations before my move-in date of 10/07. Note: In 08/09 I also reported all of
SGRV’s Scott Green’s illegal activities to SGRV’s management company but I was
ignored. Immediately then SGRV’s
management company retaliated by forcing my 94-year old aunt, Catherine
Reinertson, to move.
Stanley Fishman – Stanley said
SGRV’s Green is a crook who takes advantage of seniors. He has several lawsuits
pending in court now. Mr. Fishman states he was retaliated against because he
helped the other SGRV residents fight for their fair housing rights. Mr.
Fishman mentioned his former apartment #2027 had an odd smell, and he was very
interested when we informed him that Carol’s apartment #1027, just below his
apartment, had mold. Mr. Fishman stated he could provide many new SGRV senior
abuse cases.
Carol’s
blood work numbers have gone from normal in 10/09 to now critical which
documents her transplanted liver rejection. The numbers now indicate, besides
liver rejection, Carol’s kidneys have been damaged. This was all caused by her
exposure to the toxic mold at SGRV. Carol has blood work every month and can document
her failing health. SGRV killed my aunt with the elder abuse, eviction,
lawsuit, and extortion. SGRV has abused 46 seniors, of which we are aware, and
23 of them have passed away (Exhibit #22 – ABUSED VULNERABLE AND
SENIORS OF SGRV -11/09 to 11/11).
We
wish to recognize the dead SGRV residents that have no voice to beg for the
Justice they deserve. They are: 1. Laura
Lee Boyd, 2. Jay Confair, 3. Rose Costello, 4. Milton Crabtree, 5. Jeanne
Duffy, 6. Cliff Dyrland, 7. Maxine Gordon, 8. George Grabach, 9. Helen Hanes,
10. Clay Haning, 11. Jack Horner, 12. Ed Hunt, 13. Bill Klink, 14. Dorothy
Klink, 15. Frank Matarrese, 16. Nancy Matarrese, 17. Alfred Earl McHenry, 18.
Roslyn Radden, 19. Catherine Reinertson, 20. Phyllis Risch, 21. Anne Rivano,
22. Mae Westphal, and 23. Juel Wilkerson.
PLEASE HELP US GET THE JUSTICE WE
DESERVE!
Sincerely,
Mark
and Carol Fairall
Exhibit
#1: 03/26/12 HUD’S Final NO REASONABLE CAUSE Letter
Exhibit
#2: 04/04/12 FAIRALL Letter to FBI
Requesting MISCONDUCT INVESTIGATION against
AAG, Tom Horne
Exhibit
#3: 03/19/12 Two Fairall Letters to President
Obama
Exhibit
#4: 26 Pictures of SGRV Property taken
in 09/09
Exhibit
#5: 08/30/11 Fairall Letter to AAG
Demanding CRIMINAL PROSECUTION
Exhibit
#6: 04/18/12 Scott E. Williams Website
Exhibit
#7: Service Dog Documentation and
Charges
Exhibit
#8: 09/29/09 Fairall Letter to SGRV
Demanding Carol’s MEDICATION TO BE ACCEPTED
FOR DELIVERY
Exhibit
#9: 10/08/09 & 10/09/09 Emails from
Attorney Tucker to Fairall
Exhibit
#10: 10/09/09 Emails from Fairall Attorney to SGRV Attorney
Exhibit
#11: 05/15/11 Fairall Email to HUD’s
Ross-Perry, 05/16/11 Email Verification of HUD’s receipt of
SGRV Resident Handbook, and 05/16/11
Email from HUD’s Ross-Perry stating she received
the SGRV Handbook
Exhibit
#12: 2007 SGRV RESIDENT HANDBOOK
Exhibit
#13: 04/15/11 Fairall Witness List
Exhibit
#14: 11/21/11 Fairalls’ Private
Investigator’s, Jacob Mueller, OVERVIEW Letter & January, 2012,
WITNESS TESTIMONY REPORT
Exhibit
#15: Arrowhead Justice Court Documents
of 11/06/09 lawsuit
#CC2009-651105 SGRV v. Millie Toedebusch
Exhibit
#16: Fairalls’ Attorney Letter to
Kieffer, Lawsuit Documentation, and three different Injunctions
against Harassment against Kieffer
Exhibit
#17: Fairall’s Lawsuit against Magnuson
Documentation & 01/12/09 Fairall Letter to SGRV
Exhibit
#18: 10/20/09 ECI Mold Report &
10/22/09 ECI Invoice to SGRV
Exhibit
#19: 04/20/12 Documentation from PRO-LAB
Website
Exhibit
#20: ECI’s Better Business Bureau Report
& Arizona Corporation Commission Records of ECI
Exhibit
#21: 05/16/11 Automatic Email from HUD’s
Hauptman’s Computer that he was on Vacation
Exhibit
#22: ABUSED VULNERABLE AND SENIORS OF
SGRV - 11/09 TO 11/11
09/04/12
FAIRALL LETTER TO
HUD’S SHAUN DONOVAN
September
4, 2012
U.S.
Department of Housing and Urban Development
Attention:
Shaun Donovan – U.S. Secretary
451
7th Street S.W.
Washington,
DC 20410
RE: HUD FAIR
HOUSING COMPLAINT - FAIRALL v. SUN GROVE RESORT VILLAGE (SGRV) #0911045058
SGRV’s
EXECUTIVE DIRECTOR, SCOTT GREEN, IS A WANTED FELON FROM BOSTON SINCE 12/14/05.
To
U.S. Secretary Donovan:
We
are continually suffering declining health, persecution, and living in fear all
because our U.S. Constitutional Rights continue to be denied. I am a stroke
patient now experiencing uncontrollable diabetes and continuing seizures, and
my wife was a successfully transplanted liver patient of two years who is now
rejecting her liver. She also has eye, respiratory, and kidney damage resulting
from toxic mold exposure. We live in fear because we still are continually
persecuted by emails, harassment, and stalking since HUD has done nothing for
three years and we have no Justice.
It
is time for Arizona and Federal Officials to properly investigate and prosecute
SGRV, Scott Green, and SGRV’s attorney, Scott E. Williams, for their illegal
activities. It has been three years since we filed our complaints with both the
Arizona Attorneys General and HUD for SGRV’s fair housing violations and criminal
activities. We also filed complaints against SGRV with the Maricopa County
Attorney, Peoria Police, FBI, and the Department of Justice which were all refused,
denied, or closed. The failures of all
the governmental agencies were that none of our witnesses were contacted, our
evidence was not properly considered, and it was not discovered that SGRV’s
Executive Director, Scott Green, is a wanted felon. The state and federal
governmental agencies failed in protecting the public from the wanted felon,
Scott Green. This delay in justice allowed Scott Green to abuse and exploit
seniors for at least seven years. Disciplinary actions need to be taken against
all governmental officials who failed to properly do their jobs.
New
Information: Scott Green is a Wanted Felon
SGRV’S
Executive Director, Scott Green, is a wanted felon and his employment at SGRV
has been immediately terminated (Exhibit 1: Documentation of Scott Green
being a felon). Scott Green’s felony record was discovered by the
SGRV owners who were investigating him concerning his suspected embezzlement (Exhibit
#2: Scott Green Picture). Scott Green defrauded Medicare for
$70,000 in 1999 and 2000. He submitted false claims for psychotherapy sessions
in nursing homes which never occurred. In 2005, the Boston Office of the
Department of Justice prosecuted Scott Green for Medicare Fraud. He faced five
years in prison and a $250,000 fine. Scott Green pled guilty to the charges on
8/5/05 and made a plea agreement on 12/14/05. The agreement reached was for
$52,622 in restitution, six months of electronic monitored home confinement,
and three years of probation. Mr. Green failed to serve his sentences and fled
to Arizona.
Scott
Green was hired by the Ponzi scam artist James Koenig of Oakdale Heights/AREI
Management Company to become SGRV’s Executive Director in 2005. SGRV was one of
21 senior living facilities used to dupe investors in the Oakdale Heights/AREI
Ponzi scam. SGRV is a 30-year old dilapidated 86-unit senior living facility in
Peoria, Arizona. The 19 SGRV investors bought the SGRV investment property shares
in May, 2006. When the Ponzi scam collapsed in May, 2008, the SGRV owners
received the deeded SGRV property ownership. At that time, the SGRV owners hired
Seniority, Inc., which is a subsidiary of the American Baptist Homes of the
West (ABHOW), to manage the SGRV property. ABHOW hired Scott Green in May,
2008, without any background checks, which continued the wanted felon Scott
Green’s elder abuse and senior financial exploitation. The Oakdale Heights/AREI
Ponzi scam defrauded $250 million from 2,000 investors. It is going to Trial in
California on 1/2/13. The SGRV owners
lost $4.5 million on their SGRV property investment. They continue to use the
SGRV illegal activities of false advertising and misrepresentation to attract
and defraud the new residents. The SGRV owners’ ultimate goal is to sell their
bad SGRV investment senior living property in order to recoup some of their
losses.
We Just
Received a Settlement Offer from SGRV
We
just received a telephone call from SGRV’s resident, Ashley Thomas, stating
that SGRV’s new Executive Director, Karl Nunley, wishes to speak to us and
settle our complaints concerning SGRV. It appears that SGRV knows the fact that Scott
Green being a Wanted Felon severely damages their legal defense. It appears
SGRV wishes to resolve this elder abuse and financial exploitation with us
before HUD makes a final decision to sue. To us, this indicates an admission of
guilt on the part of SGRV owners. We
were offered the waiving of the claims of the $18,000 court judgments. We
replied that was too little too late and does not begin to cover the damages
and financial losses that we have incurred. SGRV is making no consideration of
the Pain and Suffering that we have endured for the past three years caused by the
Criminal and Wanted Felon, Scott Green, and the corrupt attorney, Scott E.
Williams. We refused to meet with SGRV’s Karl Nunley. We look to HUD and the
FBI to treat us fairly since we are the victims and represent us and punish all
the SGRV lawbreakers.
Scott Green’s
Criminal Accomplice is Claudia Marquez
Scott
Green’s accomplice in defrauding seniors at SGRV was his imposter nurse,
Claudia Marquez (Exhibit #2: Claudia Marquez Picture). Ms. Marquez gave
Scott Green the perfect opportunity to misrepresent SGRV as a licensed assisted
living facility with a nurse on the property. We filed complaints about her to
all the previously mentioned state and federal officials along with the Arizona
State Board of Nursing (ASBN). The ASBN had
cited Ms. Marquez for being an imposter nurse on 5/25/05 and had issued a Cease
and Desist Letter. Nothing has been done to stop the illegal activities of
Claudia Marquez. Ms. Marquez advertises that she is a nurse on the 11/13/11 Dun
and Bradstreet report for SGRV. Mr. Green misrepresented himself as doctor on
the website www.doctors-look.com.
Both Mr. Green and Ms.
Marquez misrepresented themselves as a doctor and a nurse in order to get
confidential patient information. The former SGRV resident Ruth Grabach, (623) 465-7861, can confirm that Green and Marquez
posed as a doctor and a nurse to get confidential information on her husband,
George Grabach, from Brighton Gardens Nursing Home before he passed away. The
former SGRV resident Lil Eggen, (623) 584-5168, can verify that Ms. Marquez
injured her leg while pushing her wheelchair into a wall. Ms. Marquez forgets
to timely dispense medications, often overdoses/underdoses the SGRV residents
resulting in coma, and employees illegal aliens. She continues
today to misrepresent herself as a nurse and a Nursing Director while putting
SGRV seniors at extreme risk, which is what she was previously cited for in
2005.
Scott Green’s
Criminal Accomplice is attorney Scott E. Williams
Scott
Green’s accomplice in defrauding seniors at SGRV was his attorney, Scott E.
Williams (Exhibit #2: Scott E. Williams Picture). Mr. Williams
misuses the legal system by filing baseless lawsuits against the seniors who
were forced to move because of the lack of the needed SGRV advertised medical
assistance. Mr. Williams is a highly successful evictions lawyer and
well-connected Politicians’ elections lawyer, as well as a Pro Tem Justice
Court judge, who should be disbarred because of his unethical law-breaking activities.
In our 7/8/11 FRAUD OF THE COURT MOTION we
listed the six laws and 20 Rules of Professional Conduct that Scott E. Williams
violated. Specifically, Mr. Williams violated RPC 8.4 MISCONDUCT by blatantly using dishonesty, deceit, and
misrepresentation to knowingly represent a criminal, Scott Green, break laws.
Mr. Williams crossed the line of being Scott Green’s attorney to being Scott
Green’s accomplice in crime. SGRV refused to fix my 93-year old Aunt Catherine
Reinertson’s air conditioning unit in retaliation to our filing a complaint. SGRV
refused to renew her lease, forced her to move, and sued her for $3,600. Mr.
Williams threatened to jail Mrs. Reinertson for her unpaid rent. This “Heavy Handed Extortion Jail Threat”
from Scott Williams ruined Mrs. Reinertson’s health. Mrs. Reinertson paid $3,000
to SGRV and she died on 3/2/11 a broken woman who had been abused and financially
exploited (Exhibit 2: Catherine Reinertson Picture).
We
sued SGRV to recover SGRV’s illegally collected service dog fees, loss of our
apartment upgrades, a stolen countertop from our rental home, and the penalty
allowed by law for withholding essential services. The Arrowhead Justice Court Justice
of the Peace, Melanie Deforest, was grossly biased and incompetent in our 7/8/10
Trial. Our evidence and the trial recording were destroyed in order to cover up
the gross injustices we suffered. All Appeals and Judicial Complaints for the
$18,000 of wrongful judgments, which exceeded court limits with a double
satisfaction of a single breaking of the lease, have failed due to the lack of
evidence since it was destroyed. SGRV in fact broke their own lease by refusing
to provide essential services which forced us to move in order to protect our
health. Carol is dying of the rejection of her transplanted liver because her
exposure to the SGRV toxic mold (Exhibit 2: Carol Fairall picture in the
hospital).
SGRV
committed the following HUD fair housing violations against us:
1. HARASSMENTS AND PERSECUTION FOR FILING
OUR 9/13/09 FAIR HOUSING COMPLAINTS –
We had 36 incidents of SGRV Harassment (Exhibit 3: SGRV Retaliation Time Line).
2. THE REFUSAL OF THE REASONABLE ACCOMMODATION
REQUEST FOR A DISABLED PERSON FOR SGRV’S ACCEPTANCE OF CAROL’S MEDICATION – Scott Green ignored our 9/29/09 letter and Scott E.
Williams refused our attorney’s 10/08/09 & 10/9/09 email requests.
3. FAILING TO PROVIDE THE SAME SERVICES
AS OTHER RESIDENTS – SGRV illegally
charged us $450 for our service dog, SGRV refused Carol’s Medication Package
delivery which was provided to all the other SGRV residents, and SGRV refused
us the usage of the guest apartment when our apartment became uninhabitable
because of the water leaks and toxic mold. This service was available to all of
the other SGRV residents except us.
Scott
E. Williams submitted false testimonies and fake documentation to HUD which we
disputed with our evidence, pictures, and testimonies taken by our elder abuse
private investigator. HUD was so overwhelmed with Mr. Williams’ deception that
it refused to take our witnesses’ testimonies. Unfortunately, nine of our
witnesses have passed away due to HUD’s excessive 1,080-day delays and
incompetence. Thank You, Senator McCain, for your support and referring our
evidence for the proper investigation to the OFFICE OF THE INSPECTOR GENERAL.
We
have 11 Elder Care Referral Agencies (ECRA) Contracts signed by Scott Green
that we received at our 7/8/10 Trial. The SGRV ECRA contracts misrepresent SGRV
as an assisted living facility. That is Internet Fraud and it was reported on
5/5/12 to the IC3. The SGRV ECRA contracts have Scott E. Williams’ Bates Stamp
on them which proves he is fully aware of the SGRV fraud of false advertising.
We presented this evidence to the Arizona Attorney General, Tom Horne, but it
was ignored. We filed complaints with the FBI on 5/08/12 against SGRV, Scott
Green, and Tom Horne for elder abuse, senior financial exploitation, and
selective prosecution.
We
filed complaints against Scott E. Williams and his judge pal Melanie Deforest
with the Arizona Commission on Judicial Conduct, the Judicial Branch of
Arizona, and the Arizona State Bar Association, but our complaints were all
ignored or closed. This “BLIND EYE”
of the Arizona Judicial System is the result of the fact that Scott E. Williams
is a well-connected Politicians’ elections lawyer and that Scott E. Williams is
a master of deception and lies. Scott E. Williams is also a Pro Tem Justice
Court judge, as well as an instructor at the Arizona State Bar Association for
landlord issues.
We DEMAND that based upon our evidence,
and since Scott Green has been discovered to be a wanted felon, that HUD will
immediately reopen our HUD complaint and prosecute all of those involved with
our fair housing violations.
New
Complaints Filed
On
5/15/12, we contacted the Maricopa County Board of Supervisors making them
aware of the monster, Scott E. Williams, which they created, but all our
correspondence has been ignored. We asked them not to appoint Melanie Deforest
to be the Justice of the Peace at the Arrowhead Court because she was
incompetent. The Supervisors ignored us and appointed Melanie Deforest on
8/16/12 to replace ousted Phillip Woolbright. The Supervisors have not
responded to our emails.
On
7/26/12, we contacted the new Peoria Police Chief, Roy Minter, by email concerning
our 5/30/10 Peoria Police Complaint against SGRV for elder abuse and senior
financial exploitation. The complaint was closed 9/7/10 for lack of evidence,
but the Peoria Police failed to contact our witnesses. We received no response
from the Peoria Police. On 8/31/12, we informed the new Peoria Police Chief,
Roy Minter, by email about Scott Green’s felony record. We told Mr. Minter that
the elder abuse and senior financial exploitation is continuing at SGRV, but we
have received no reply from him. We have received no response from the Peoria
Police. The Peoria Police Department has reported to the media on 9/2/12 that
it is launching the new Crime Shield Program this month to inspect senior care
facilities and construction sites to prevent crime. However, the Peoria Police continue to ignore
the reported SGRV dangerous conditions of: non-working emergency alarms, faulty
electrical wiring, blocked uneven walkways covered with standing water, bug
infestation, toxic mold, and failure to have fire drills at SGRV (Exhibit
#2: Pictures of Dangerous SGRV Property Conditions). This is egregious, especially with CHANNEL 3 ON YOUR SIDE’S recent TV
airing of the SGRV Elder Abuse and Fraud.
We
just filed our 8/31/12 Complaint with the new Maricopa County Attorney, Bill Montgomery.
We expect our complaint to be ignored, since Mr. Williams was hired to
represent the Maricopa County Attorney in 2004 on all election matters by the
Maricopa Board of Supervisors.
New Witnesses
are Coming Forward to Testify against Scott Green
Since
it has become known about Scott Green being a felon, two former SGRV employees are
requesting to be interviewed to document Scott Green’s criminal activities. Fredda Sharp was the SGRV Activities
Director that was defrauded by Scott Green because he refused to provide
workman’s comp for her injury. DeDe Stockton is a key witness since
she was the third-ranking person in charge of SGRV. She went to Scott Green’s
immediate supervisor, Chuck Majors, of Seniority, Inc. and informed him of the
illegal activities at SGRV. Scott Green and Chuck Majors fired her for her
whistleblowing. Since Mr. Majors was a former policeman, we suspect he became
aware that Scott Green was a felon. We suspect that Seniority, Inc. later fired
Chuck Majors to cover up and bury the knowledge of Scott Green’s criminal past.
The SGRV owners fired Seniority, Inc. last year because of financial
difficulties. The knowledge of Scott Green’s criminal past was discovered while
the accountants were investigating Scott Green for embezzlement.
Summary
We
are aware that some this information has been communicated in the past. We felt
it was best to do a brief overview of the SGRV elder abuse and senior financial
exploitation problems since we are copying new people to become involved in obtaining
the Justice we deserve.
The
new information concerning Scott Green being a wanted felon raises the level of
prosecution of HUD Fair Housing violations to now include Criminal Activity. We DEMAND
HUD work in conjunction with the Department
of Justice to properly PROSECUTE AND ENFORCE all of the broken laws. Specific
criminal laws Scott Green broke include, but are not limited to:
1.
Elder Abuse
2.
Senior Financial Exploitation
3.
False Interstate Internet Advertising
4.
Perjury
5.
Witness Tampering
6.
Misuse of the Legal System
7.
Failure to Comply to an Injunction Against Harassment
8.
Discrimination
9.
Theft
10. Violation of Civil Rights
We
requested a Systemic Investigation of
Seniority, Inc. and the American Baptist Homes of America (ABHOW) in our 3/19/12
letter to President Obama. We stated that SGRV residents had been living there
with highly infectious diseases of Tuberculosis and MERSA. We are concerned
that ABHOW puts its other senior living facility residents at risk by not
properly screening the new residents for highly infectious diseases. This is
especially important with the new crises, as reported by the CDC, of the TB
epidemic in senior living facilities in Florida. The failure of Seniority, Inc.
to do a proper background check on Scott Green to discover that he is a wanted
felon is shocking. That raises the question: “How many felons are in charge of ABHOW senior living facilities?” The
Systemic Investigation needs now to focus on lack of health standards for ABHOW
residents and the possible criminal records/activities of their senior living facility
managers. The public needs to be
protected with a Systemic Investigation because of ABHOW’s failures to properly
protect their senior residents.
Sincerely,
Mark
and Carol Fairall
Exhibit
#1: Documentation for Scott Green being a Wanted Felon
Exhibit
#2: Pictures of: Scott Green, Scott E.
Williams, Claudia Marquez, Carol Fairall, Catherine
Reinertson, and SGRV
Exhibit
#3: SGRV Retaliation Time Line
02/21/13
FAIRALL LETTER TO
PRESIDENT BARACK OBAMA
February
21, 2013
Dear
President Barack Obama
1600
Pennsylvania Avenue NW
Washington,
DC 20500
RE: REQUEST TO REOPEN HUD FAIR HOUSING
COMPLAINT #0911045058 FAIRALL V. SUN GROVE RESORT VILLAGE (SGRV) - DUE TO
THE FRAUD OF HUD
Dear
President Obama:
I
appreciate your recognizing my wife, Carol, with your 12/20/12 letter wishing
her well. She just received the 02/05/13 letter from the Department of Health
& Human Service calling her an “exceptional
individual” because she is getting out of her deathbed to teach senior
protection classes.(1) Carol is dying of the rejection of her transplanted
liver. This was caused by the former SGRV manager’s, Felon Scott Green, retaliation
of not fixing a toxic mold problem in her SGRV apartment because she filed
complaints to state and federal officials.
I
started filing HUD complaints on 09/13/09 but HUD completely bunged our
complaint.(2) HUD was DEFRAUDED
by opposing Counsel, Scott E. Williams, with false manufactured evidence and
the witness tampering of his employees with threats of losing their jobs if
they did not lie to HUD. I have written the details on our 09/04/12 to HUD’s
Secretary Shaun Donovan about the former Executive Director of SGRV who lost
his job on 08/29/12 because it was recently discovered that he was 2005
Medicare Fraud Felon.(3) The Felon Scott Green also lied to HUD but our letter to Mr.
Donovan was ignored.(4) I realize HUD is broken as reported by former HUD
Secretaries Kemp and Cisneros in 2008.(5) HUD’s failure to properly
investigate SGRV allowed the senior living property to continue to operate over
three years committing illegal fair housing violations, elder abuse, and senior
financial exploitation. During that time 52 SGRV seniors were abused and 26 of
them died.(6)
I
request you to have the HUD Office of Inspector General reopen our complaint
due to the Fraud of HUD.
I
posted on 01/25/13 to our Facebook how Scott E. Williams misused the legal
system with baseless lawsuits for SGRV which resulted in over $18,000 of
wrongful judgments. This 07/08/10 trial was so corrupted with a poor judge,
false evidence, and scripted SGRV witnesses that the court has destroyed all
our evidence and the trial recording.(7) We posted on 02/06/13 the
SGRV Mold Kills report which documents how Scott E. Williams was able to obtain
a phony mold report for free and how he had the mold inspector lie to HUD on
05/03/11.(8) HUD failed to call all of our 25 witnesses so I had to
hire a private investigator to take the testimonies. HUD misreported what our
witness Millie Totenbusch said and HUD lied about talking to our witness Lil
Eggen. I wrote the 04/21/12 letter to Senator McCain listing the four HUD lies
and the five HUD mistakes made.(9) HUD believed the Felon Scott
Green and his accomplice in elder abuse and fraud crimes attorney Scott E.
Williams. HUD did a poor job of reviewing our evidence and witness testimony in
the HUD Reconsideration. We have additional witnesses that will to testify that
the evidence that Scott E. Williams presented to HUD was false and manufactured
and the SGRV employees are forced to lie to keep their jobs.(10) Scott E.
Williams Defrauded HUD which robbed us of a fair and impartial investigation.
HUD robbed us of Justice. HUD never considered our evidence, witnesses’
testimonies, our allegations that Scott E. Williams and Scott Green lied, and HUD
never considered the details of their four lies and five mistakes. THE HUD’S SHAM INVESTIGATION WAS CAUSED BY
SCOTT E. WILLIAM’S FRAUD OF HUD.
SGRV
is one of the senior living facilities that are involved with the Ponzi scam, AREI/OAKDALE HEIGHTS, which is
currently on Trial in California. This Ponzi scam defrauded $250 million
dollars from 2,000 investors. The 19 SGRV Investor/Owners lost $4.5 million on
the bad SGRV investment. I posted 02/16/13 to the Internet information about
the AREI/Oakdale Heights Ponzi Trial.(11) On 02/18/13 I posted to
the internet how greed destroyed the 24 senior living facilities involved in
the Ponzi trial. The posting shows the many crimes in those senior living
facilities. The posting also shows how the 19 SGRV Investor/Owners became so
desperate to keep the senior living facility in operation that they broke many laws
including violating Fair Housing Rights.(12)
On
02/20/13 I closed our elder abuse prevention Facebook. My Facebook was a huge
success with worthwhile information for seniors to avoid abuse and fraud. We
also used the Facebook to campaign for our 15 proposed senior protection laws.
My Facebook had extraordinary growth to having over 1,100 Friends is less than
two months. I closed our Facebook asking for money for our fundraiser for
Carol’s medical and legal bills. I asked our 1,100 Facebook Friends to find us
a lawyer who wants to stop injustice and elder abuse.(13)
I
reported these SGRV crimes to the FBI and the IC3 in March 2012 but we have had
no response. We are very disappointed in HUD, Arizona Officials, and the
Federal Officials. I inform our students in our senior protection classes that
prosecution does not work and that the only way to avoid being abused is with knowledge
and prevention.
Due
to our declining health and especially due to our disappointments of legal
systems of Arizona and the United States our senior protection class scheduled
for 03/19/13 will be our last class. It is no wonder that seniors don’t report
elder abuse and senior financial exploitation because it is an “Exercise in Futility.”
Carol
and I are unable to find or afford Justice. HUD was Defrauded. This
letter to you is our last attempt to get Justice by you demanding HUD to reopen
our Fair Housing Complaint against SGRV.
Sincerely,
Mark
R. Fairall
Attachments
#1:
03/19/13 Senior Protection Class Flyer
#2:
HUD Timeline Line for bungled Fairall
complaint
#3: USA v Scott Green information
#4:
Fairalls’ 09/04/12 Letter to Donovan
#5:
Fairalls’ Facebook posting 02/12/13 –
HUD is broken
#6:
List of Abused/Exploited SGRV Seniors
#7: Fairalls’ Facebook posting 01/25/13 –Trial
Problems
#8: Fairalls’ 02/06/13 Internet Report - SGRV
Mold Kills
#9: Fairalls’ 04/21/12 Letter to Senator McCain
#10: Fairalls’ 11/30/12 New Witness List
#11: Fairalls’ 02/16/13 Internet Posting – The AREI/Oakdale Heights Ponzi Trial
#12: Fairalls’ 02/18/13 Internet Posting – Greed destroyed all the AREI/Oakdale
Heights Properties
#13: Fairalls’ 02/20/13 Facebook Posting Closed Fairall Facebook
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