Please read our 05/01/13 Letter to the United States Senate
Special Committee on Aging that we delivered to Senator McCain's and Senator
Flake's Arizona Offices yesterday. We have dealt with Senator McCain last year
and he tried to get HUD to prosecute Sun Grove Resort
Village (SGRV) for Fair Housing Violation but failed since HUD is BROKEN (HUD
Lawsuits are at 10% of previous production levels).
Our Facebook Friends placed pressure on Senator
Flake's Office to quickly see us and it worked. We had an hour discussion with
his staff concerning Arizona's worst elder abuse crime that has never been
properly investigated, reported, or prosecuted. Senator Flake is a member of
the US Senate Special Committee on Aging. We must say the Senator Flake's staff
was very interested, caring, and motivated to action. Please call his office
(602) 840-1891 and urge him to protect Arizona seniors.
Our Internet Posting has information on what the US
Senate Special Committee on Aging is and the list its Committee Members. The
ace-in-the-hole is the fact that Elizabeth Warren is a member of that Aging
Committee. Ms. Warren created the Consumer Financial Protection Bureau (CFPB)
which is the new senior protection agency. The Sun Grove Resort Village Elder
Abuse Story ranked in the top 10 worst elder abuse stories in the 250 elder
abuse stories the CFPB collected last year. Ms. Warren is very aware of the
SGRV elder abuse story and now she has the power to stop the criminal activity
that continues there. We are representing the 58 SGRV residents who were abused
and defrauded by SGRV's felon manager Scott Green. We are the voices of the 33
seniors who passed away without any Justice from Arizona Officials, Police, and
Media. The present SGRV seniors are sick from the toxic mold but Arizona
Officials do nothing to protect them. The local media has failed to warn the
public about this dangerous law-breaking senior living center. It is no wonder
Elder Abuse and Senior Financial Exploitation is rampant in Arizona because the
Press ignores this heinous problem.
Thank you Facebook Friends and we wanted to
communicate the progress being made to fight elder abuse in Arizona. We could
not do it without your concerns, support, and prayers!
CERTIFIED MAIL
May 01, 2013
United States Senate
Special Committee on Aging
Attention: Bill Nelson, Chairman
Democratic/Majority Office
G31 Dirksen Senate Office Building
Washington, DC 20510
RE: THE SUN GROVE RESORT VILLAGE ELDER ABUSE STORY AND HUD’S FAILURES ON OUR FAIR HOUSING COMPLAINT
#09-11-0405-8
To The Honorable Senator Bill Nelson:
My
wife, Carol, and I are elder abuse victims and senior financial exploitation
victims of Sun Grove Resort Village
(SGRV) which is located at: 10134 W. Mohawk Lane, Peoria, AZ 85382. SGRV
was one of the 23 senior living facilities which were involved with the largest
California Ponzi Scheme, AREI/OAKDALE
HEIGHTS, which stole $250 million from 2,000 investors and is now in Trial.
SGRV is a senior living facility which was run by a 2005 Medicare Fraud Felon, Scott Green, for nearly eight years
until August 28, 2012, when he was terminated by the 20 Investors/Owners for
suspected embezzlement. We have requested a meeting with our U.S. Senator Jeff Flake to give your Committee our documentation and our
82-page report of one of Arizona’s worst elder abuse operations which has never
been properly investigated or prosecuted. Our April 28, 2013 email to Senator
Flake details the following: why it will receive press coverage, an overview of
our elder abuse, and a request for a meeting to get this documentation to you
since he is on the Special Aging Committee (Exhibit #1:
04/28/13 Fairall email to Senator Flake). We have a meeting
scheduled for May 3, 2013, but we are also mailing our documentation directly
to the United States Senate Special
Committee on Aging requesting assistance in getting Justice, to inform you
of the elder abuse problem in Arizona, and to get the ELDER JUSTICE ACT funded.
We
presented this elder abuse story to the Consumer
Financial Protection Bureau last year, and we were told that it ranked in
the top ten most egregious elder abuse crimes. We know of 58 SGRV seniors who
were abused or defrauded and 33 of those seniors have died with no Justice from
Arizona Officials or Arizona Courts. The primary reason is the fact that SGRV’s
attorney, Scott E. Williams is “Protected”
by the Maricopa County Officials. Scott E. Williams was hired in 2004, by the Maricopa County Board of Supervisors to
represent Maricopa County Officials, Politicians, and Judges on election
matters. We have filed complaints with the Arizona Bar about Scott E. Williams
and our former attorney, Mark Tucker, who stole money from us and failed to
appear at our trial (Exhibit #2: 04/25/13 Fairall letters Arizona Bar concerning existing complaint
#10-0135 against Mark Tucker and complaint #10-0232 against Scott E. Williams).
Scott E. Williams receives extreme favoritism from the Arizona Justice
System, is allowed to misuse the legal system as a “Bully” while filing Baseless Lawsuits against SGRV residents, and
has such complete control of the court system so that records
and recordings disappear in the cover-up of his illegal activities. This is
especially shocking because Scott E. Williams has become an accomplice to elder
abuse and fraud of the Medicare Felon Scott Green’s criminal activities to
raise monies for himself and for SGRV.
We
have documented SGRV’s history, crimes, guilty parties, toxic mold problem,
crooked lawyer/incompetent judge, HUD’s failings, our SGRV elder abuse story,
and our efforts to prevent elder abuse in THE
SUN GROVE RESORT VILLAGE ELDER ABUSE STORY 82-page report (Exhibit
#3: Fairall’s Sun Grove Resort Village Elder Abuse Story – April, 2013).
My wife, Carol, is dying due to the rejection of her transplanted liver caused
by her exposure to the SGRV toxic mold. Scott Green refused to clean up the
toxic mold in retaliation to our filing formal complaints about SGRV’s illegal
activities.
We
filed Fair Housing Complaints #091104058 on September 13, 2009, but HUD
completely bungled the investigation and failed to properly represent us. We
had to hire a private investigator to gather recorded testimony before the
seniors died since HUD refused to contact our witnesses. The complete HUD Fair
Housing Timeline from September 13, 2009, to the present shows HUD’s mistakes,
lies, and failings to properly consider our evidence (Exhibit #4: Fairall’s Complete
HUD Complaints Timeline – (Exhibit #4A Fairall’s 09/29/09 letter for a
Reasonable Accommodation Request for a Disabled Person) – (Exhibit #4B
Fairall’s attorney Mark Tucker’s 10/09/09 email for a Reasonable Accommodation
Request for a Disabled Person). The requests to allow Carol’s
medications to be delivered as in the past were ignored by Scott Green and
denied by SGRV’s attorney Scott E. Williams. Our Attorney, Mark Tucker, stated:
“This
strikes me as clear bad faith and retaliation.” In 2012, U.S. Senator John McCain and Attorney Felicia Rotellini, who represented
us pro bono, tried to get the HUD Office
of Inspector General to correct HUD’s mistakes and to prosecute SGRV and
all of the guilty parties. However, HUD ignored all of our evidence and failed
to properly to its job.
SGRV
is still breaking laws by using false internet advertising, using an imposter
nurse, and abusing/defrauding seniors. We filed a Peoria Police Complaint #01-10-007447, but the Police never
contacted our SGRV elder abuse victims. We wrote Peoria Police Chief Minter our
November 30, 2012 Letter asking him to open our 2010 SGRV complaint, but he
refused (Exhibit #5: 11/30/12 Fairall letter to Peoria Police Chief Roy Minter,
Jr.).The Peoria Police and the Arizona Attorney General closed all SGRV
senior complaints without proper investigation and failed to discover Scott
Green’s criminal senior exploitation record. We have filed complaints with the FBI, IC3, and the Department of
Justice against SGRV, Scott Green, and Scott E. Williams for elder abuse and
fraud. We filed a complaint against Arizona Attorney General Tom Horne for
selective prosecution since he is protecting Scott E. Williams.
We
are urging that the ELDER JUSTICE ACT
to be funded in order to:
1.
Provide Seniors with one place to call when reporting crimes against the elderly.
2.
Establish set procedures to investigate elder abuse crimes.
3.
Properly, consistently, and uniformly enforce all senior protection laws in all
states and having all states be held responsible to the federal government with
follow-up accountability procedures in place.
4.
Provide the states with the needed funding to fight elder abuse. Arizona is one
of the worse states that has grown 43% in reported elder abuse crimes in the
past two years, which is faster than the national average of 12%. Arizona has
10,000 elder abuse complaints reported yearly to the Arizona Adult Protective Services.
We
have requested President Obama to get HUD to properly open our SGRV fair
Housing Complaint and prosecute SGRV and all responsible parties. We have
requested a HUD SYSTEMIC INVESTIGATION
of SGRV’s management company Seniority,
Inc., (a subsidiary of the American
Baptist Homes of the West (ABHOW). We wanted ABHOW to be investigated to
see if they allow other senior living facilities: to use false advertising, to rent
to seniors with highly infectious diseases, or if they hire felon managers for their
senior living facilities.
We
have volunteer taught elder abuse awareness classes so we could prevent what
happened to us from happening to other seniors. Carol’s health is rapidly
deteriorating because her liver rejection blood work shows that it is now in
the critical stage of eleven times higher than normal. President Obama wrote Carol a thank-you and get well-note in
December, 2012. We are receiving press coverage for our community involvement.
Our Facebook Friends read our elder abuse and senior financial exploitation
prevention articles, and our audience grown to over 1,150 Friends in three
months. Our elder abuse prevention students, our Facebook Friends, and our
Friends and Neighbors all ask: “Where is
the Senior Justice?” We hope that you help us and the
other SGRV victims get the proper Justice that we all deserve.
Sincerely,
Mark
and Carol Fairall
Sun
City West, AZ
Exhibit #1: 04/28/13 Fairall email to Senator Flake
Exhibit #2: 04/25/13 Fairall Bar Complaints on Mark Tucker
and Scott E. Williams
Exhibit #3: Fairall’s Sun Grove Resort Village Elder
Abuse Story – April, 2013
Exhibit #4: Fairall’s Complete HUD Timeline – 09/13/09
to 05/01/13
Exhibit #4A: Fairall’s 09/29/09 Reasonable
Accommodations Request Letter to SGRV’s Scott Green
Exhibit #4B: Tucker’s 10/09/09 Reasonable
Accommodations Request emails with SGRV’s attorney, Williams
Exhibit #5: 11/30/12 Fairall letter to Peoria Police
Chief Roy Minter, Jr.
cc: President Barack Obama
U.S. Senator John McCain
U.S.
Senator Jeff Flake
Arizona
Secretary of State Ken Bennett
Attorney
Felicia Rotellini
Department of Justice
FBI & IC3
Complete HUD Fair Housing
Complaints Timeline
September 13, 2009 to
May 01, 2013
FAIR HOUSING COMPLAINTS AGAINST: SUN GROVE RESORT VILLAGE (SGRV)
10134 W. Mohawk. Ln., Peoria, AZ 85382
Mark
Fairall and Catherine Reinertson – SGRV Apt. #1017 – 09/13/09 to 11/28/09 – HUD
#286960
Carol
Ann Fairall (nee Buck) – SGRV Apt. #1027 – 9/13/09 to 6/24/10 – HUD #301684
Mark
and Carol Fairall – SGRV Apt. #1027 – 10/20/10 to Present – HUD #09-11-0405-8
Fairall
Fair Housing Complaint Overseen by Arizona Attorneys General
and
HUD San Francisco - 09/13/09 thru 5/24/11
09/13/09
- Fairall filed online complaint to Arizona Attorney General (AAG) – Terry
Goddard – CIC 09-22266 - Reported: Fair Housing Complaint for illegal
retaliation – Sun Grove Resort Village (SGRV) was a dangerous and unsafe
apartment house. SGRV refused rent to Aunt Catherine Reinertson (apt. #1017)
due to relationship with Mark Fairall since he filed his 8/09 complaint with SGRV’s
management company, Seniority Inc., about SGRV’s illegal activity of false
advertising.
09/13/09
– Fairall filed online complaint to HUD San Francisco – HUD #286960 - Reported:
Fair Housing Complaint for illegal retaliation – SGRV was a dangerous and
unsafe apartment house. SGRV refused to rent to Aunt Catherine Reinertson (apt.
#1017) due to relationship with Mark Fairall since he filed his 8/09 complaint
with SGRV’s management complaint, Seniority Inc., about SGRV’s illegal activity
of false advertising.
09/21/09
– Letter from AAG - Response: Passed to Consumer Protection
Agency - No Response from Consumer Protection Agency
11/28/09
– HUD San Francisco letter to Fairall - Response: Lack of
jurisdiction - HUD’s Paul E. Smith dismissal states: “This claim has been
administratively closed for lack of jurisdiction because federal fair housing
laws do not cover subject matter and/or bases of alleged discrimination.”
09/29/09
– Buck online complaint to Arizona Attorney General (AAG) – Terry Goddard- #CIC
09-23642 - Reported: Housing Retaliation – Refusal of
Medication – Refusal of Reasonable Accommodation Requested
10/08/09
– Letter from AAG - Response: Unable to take action because
cannot represent one consumer
10/12/09
– Buck letter to AAG - Formal Letter alleging Housing Retaliation with
documents - No Response – lost in AAG mailroom.
11/13/09
– Buck letter to AAG - Requested update - No Response
03/02/10
– Buck letter to AAG - Requested to reopen Housing Retaliation
Complaint - No
Response
03/13/10
– Fairall complaint to Arizona Attorney General - Reason:
Request for New Housing Complaint – Retaliation Response: Had Appointment at
AAG Office where complaint was closed because HUD complaint in process.
06/24/10
– Buck letter to HUD San Francisco - HUD #301684 - Carol
Fairall’s (nee Buck) complaint states: “The Landlord at Sun Grove Resort
Village practiced Housing Discrimination because it: 1. Refused to make
reasonable accommodations for person persons with a disability if accommodation
may be necessary to afford such a person reasonable and equal opportunity to use and
enjoy a dwelling. (SGRV refused to allow requested medication delivery) 2. Harassed, coerced, intimidated,
or interfered with anyone exercising or assisting someone else with his/her fair housing rights. (SGRV
refused to accept timely rent payment, failed to fix water/mold problem, and
immediately filed lawsuit for non-payment of rent.) 3. Provided different
housing services or facilities. (SGRV refused customary use of Guest Apartment
when a resident’s apartment became uninhabitable.
07/27/10
– Received phone call from HUD - stating that Elona Hawes #
(800) 347-3739 Ext: 6549 and Felicia Mathis # Ext: 6543 had our complaint.
07/28/10
– Fairall called HUD and left messages - for Hawes, Mathis, and
Smith to return call concerning our complaint but we received no returns calls.
– Response: No HUD returned calls ever received.
09/08/10
– Fairall called HUD’s Paul E. Smith requesting information concerning
complaint
- Response: HUD’s Paul E. Smith said he was unable to find the complaint
and that he would research and call us back. No call-back received.
10/18/10
– Fairall called to HUD’s Paul E. Smith requesting information about our
6/24/10 complaint - Response: HUD’s Paul E.
Smith stated that the complaint #301684 was lost due to poor summer intern
summer help and to resubmit complaint to Zack Blair.
10/20/10
– Fairall’s refilled HUD Complaint – HUD #09-110405-8 - Fairall
filed new complaint plus 1,000 pages of documentation to replace the lost
Fairall complaint - HUD #301684.
01/07/11
– HUD letter to Fairall – HUD close Fairall complaint #09-11-0405-8 - Response:
Complaint closed due to passing one-year statute of limitations.
01/13/11
– Fairall letter to HUD San Francisco - Rebuttal: Fairall notified
HUD that complaint was filed timely with proof of HUD receiving information. Response:
HUD – San Francisco reopened our complaint investigation.
04/04/11
– HUD San Francisco letter to Fairall - Response: Complaint
closed due to no evidence found.
04/08/11
– Fairall letter to HUD San Francisco - Rebuttal: Fairall letter
stating that HUD investigator Jessamay Kroth had failed to contact our
witnesses and we submitted additional information to support the reopening of
the complaint. Response:
4/11/11 HUD-San Francisco reopened or complaint and assigned new HUD
investigator, Catherine Ross-Perry
05/13/11
– HUD San Francisco letter to Fairall. Complaint closed by HUD’s Charles
Hauptman due to no evidence found - Fairall Response to HUD: 05/19/11,
05/20/11 05/21/11, 05/22/11, and 05/24/11.
Fairall’s emailed Mr. Hauptman five - times disputing the complaint closure
because Ms. Catherine Ross-Perry was still gathering information on 5/16/11.
Ms. Ross-Perry was unaware of complaint closure. We complained that our 27
witnesses had not been contacted by HUD. Mr. Hauptman stated his 4/14/11 email
that he was required to contact all our witnesses. On 5/3/11 Mr. Hauptman
stated in his email that he was not contacting all our witnesses. We had
emailed Ms. Ross-Perry requested information on 5/16/11 and we received an
email return notice that Mr. Hauptman was on vacation. We complained Mr.
Hauptman closed our complete prematurely in order to clear his desk before his
vacation. NOTE: Fairall emailed on 5/16/11 to HUD-San Francisco a copy of the
SGRV Residents’ Manual, previously provided to HUD, showing SGRV did not have
two policies for the acceptance of package delivery to the SGRV front desk.
05/24/11
– HUD San Francisco letter to Fairall – Response that complaint was
closed and to file Reconsideration to HUD Washington.
Fairall
Fair Housing Complaint Overseen by HUD Washington
Original
Reconsideration - 05/31/11 thru 11/01/11
05/31/11
– Fairall letter to HUD Washington - Reconsideration Request
Letter mailed to HUD-Washington
06/12/11
– Fairall letter to Arizona Attorney General – SGRV
False Advertising Complaint
08/30/11
– Fairall letter to Arizona Attorney General – SGRV/Scott
E Williams Criminal Prosecution Request
09/07/11
– Arizona Attorney General Decline to Fairall - Response:
No laws broken
11/01/11
– HUD Washington closed Fairalls’ Reconsideration - Response: Reconsideration closed due to no
evidence.
Fairall
Fair Housing Complaint Overseen by HUD Washington
New
Evidence for Reconsideration - 11/30/11 thru 03/26/12
11/30/11
– Fairall wrote to Senator John McCain and President Obama for help because HUD
is broken.
01/12/12
– Fairall received a phone call from HUD’s Tiffany Taylor stating
Reconsideration couldn’t be reopened. - Ms. Taylor stated that she
was responding to our 11/30/11 letter to Senator McCain. Mark Fairall told Ms.
Taylor that they have tried to contact HUD-Washington 5 times by phone and five
times by email and did not receive any response from HUD-Washington. Fairall
informed Ms. Taylor that our Private Investigator had interviewed witnesses
that HUD failed to interview. Fairall informed Ms. Taylor that the Private
Detective had called and left several messages at HUD-Washington that were not
returned.
01/12/12
- Verbal Response OK given from Ms. Taylor – Ms. Taylor checked
and received approval for Fairall’s submission of NEW INFORMATION AND DOCUMENTS
that were ignored during the Original Reconsideration.
01/23/12
– Fairall FAX submitted NEW INFORMATION AND DOCUMENTS for Reconsideration
Approval. – Presented our Private Investigator, Jacob
Mueller, report which documented the supporting testimonies of our witnesses
that were never interviewed by HUD. The witnesses are: Daniel Monroe who
also had his medication delivery refused because he fought for the housing
rights of others, Gilbert Bakke who was the deceased Catherine
Reinertson’s executor and he verified SGRV’s retaliation because Mark Fairall,
her roommate, fought for the housing rights of others, John Eggen who
the son of Lil Eggen and verified mold in his mother’s former SGRV apartment
and that her medication delivery was never interrupted, Mildred Toedebusch
who verified SGRV’s false advertising and retaliation for filing fair housing
complaints, and Carolyn Duncan who was SGRV’s marketing director and she
refused to become involved.
01/24/12
- Email from HUD’s Tiffany Taylor – stated she had received
documentation.
01/30/12
– Fairall email to HUD’s Taylor – complaints submitted about
Arizona AG’s failings.
01/14/12
– Fairall email to HUD’s Tiffany Taylor – request for estimate
of Reconsideration time.
01/15/12
– Email from HUD’s Tiffany Taylor to Fairall – She was unable to
state review time.
02/27/12
Senator John McCain passed on our problem for review to the OFFICE OF THE INSPECTOR GENERAL
(OIG). -
Response: OIG did nothing and passed the review request back to HUD’s
Charles M. Montgomery on 3/12/12.
03/02/12
– Fairall email to HUD confirming that HUD’s Tiffany Taylor told our private
investigator that she was closing the HUD Reconsideration. - Rebuttal:
Fairall email stating that the decision was wrong because HUD had our 09/29/09
letter and our attorney’s 10/09/09 email demanding a REASONABLE ACCOMMODATION REQUEST OF A DISABLED PERSON for SGRV to
accept delivery of Carol’s anti-rejection medication but the REQUEST was
denied. The point was made that SGRV also did the same retaliation to Dan
Monroe as documented in our private investigator’s report. The 40-day time line
of SGRV Harassment showed how SGRV attacked us after our fair housing complaint
was filed with the AZ AG.
03/12/12
– Fairall email to HUD’s David Ziaya – updated new HUD
Reconsideration investigator. 03/12/12
– Email from HUD’s David R. Ziaya to Fairall – said he was
referring our Reconsideration to Charles Montgomery III for his decision.
03/19/12
– Fairall letter to President Obama telling him HUD is broken. - Fairall
Letter detailed HUD’s failures on our Fair Housing Complaint.
03/26/12
– HUD Decline Letter by Lynn Grosso – Director of Office of Enforcement – It
did not matter to HUD that SGRV denied our free usage of a seizure service dog
for Mark. Our Private Investigator, Jacob Mueller, reported that our witnesses
confirmed that SGRV accepted the delivery of medication packages.
IT WAS MEANINGLESS TO HUD THAT SGRV
DENIED OUR AND OUR ATTORNEY’S REQUESTS FOR A REASONABLE ACCOMODATION REQUEST
FOR A DISABLED PERSON.
In my 09/29/09
letter to SGRV’s Scott Green I stated: “Your resent refusal to accept packages at
the office for Carol or myself is also Harassment as you did today by refusing
to accept 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 you do other Sun Grove Residents.” No response was
received.
(Exhibit A: 09/29/09 Fairall letter to SGRV’s Scott Green with our first Reasonable Accommodations Request for a Disabled Person).
(Exhibit A: 09/29/09 Fairall letter to SGRV’s Scott Green with our first Reasonable Accommodations Request for a Disabled Person).
Our attorney
Mark Tucker stated in his 10/09/09 email made another Reasonable Accommodations Request for a Disabled Person to SGRV’s
attorney Scott E. William: “Please instruct Scott Green and his staff
at Sun Groves that they are not to interfere or interrupt the delivery of Ms.
Buck’s medication. Her life depends on it.” SGRV’s attorney Scott E.
Williams refused that request in writing.
Mark Tucker
continued by stating: “My Carol Buck requested repairs initially on
October 2, and despite the standing water, no repairs were maid (made).”
SGRV refused to fix the moldy leaky sink problem and also refused the customary
usage of the SGRV guest apartment when a SGRV apartment became unlivable. SGRV’s
refusal to repair the leaky moldy sink and the refusal of the delivery
acceptance of Carol’s medication put Carol at risk of dying. Mark Tucker
stated: “This strikes me as clear bad faith and retaliation.”
(Exhibit B: The 10/09/09 emails between Fairall’s attorney Tucker and SGRV’s attorney Williams.)
(Exhibit B: The 10/09/09 emails between Fairall’s attorney Tucker and SGRV’s attorney Williams.)
We had three
water leaks which exposed us to SGRV’s toxic mold problem and damaged our
health. Our three dogs died of liver cancer due to their exposure to the SGRV
toxic mold. Carol will die due to her exposure to the SGRV toxic mold which
started the rejection of her transplanted liver.
Fairall
Fair Housing Complaint Oversee by Senator McCain’s Office and
Sent
to HUD OIG - 04/21/12 thru 10/4/12
04/21/12
– Fairalls’ 1st letter to Senator McCain requesting second OIG Investigation.
1. Fairall wrote that HUD failed to consider their
witnesses’ testimonies that was taken by their private investigator.
2. Fairall’s claimed HUD’s delays resulted in the loss of
78% of their witnesses with eight witnesses passing away.
3. The Fairall letter detailed that the SGRV’s employee
lied that no leak or mold existed with proof that it did exist with pictures of
all water leaks and the mold. Fairalls’ stated that they still have the mold in
a book that was under the sink.
4. The Fairall letter proved that SGRV mold report was a
phony document from a closed fly-by-night mold company. Fairall proved SGRV’s
mold company lied to HUD and gave his report at no charge and had a paying
relationship with attorney Scott E. Williams’ special attorney group Association
of Landlord Attorneys (ALTA). Scott E. Williams had hired the mold company,
Environmental Consulting Inc., employee Brandon White as ALTA’s mold specialist
prior to the HUD interview on 5/3/11. Mr. White lied to HUD when he stated he
did not have any relationship with Mr. Williams. ALTA has 20 attorney members.
Mr. White benefited from the ALTA referral source. The ALTA internet site even
posted Mr. White’s resume stating that he is an expert witness for landlords.
5. The Fairall letter proved that HUD had received the
2007 SGRV Resident’s Handbook which proved only one method of delivery existed
and that all package were accepted at the SGRV office. Fairalls’ claimed the
2006 documented of SGRV’s procedure of refusing medicine packages was simply
forged documentation by SGRV’s attorney Scott E. Williams.
6. Fairalls’ witnesses had medicine accepted for delivery
and one witness, Dan Monroe, had medication denied as retaliation for his
fighting for the fair housing rights of the SGRV residents when he was on the
Resident’s Committee like the SGRV retaliation against Mark Fairall when he was
on the Resident’s Committee.
7. Fairalls’ submitted their 9/29/09 letter to SGRV
requesting a Reasonable Accommodation Request and their lawyer’s 10/8/09 email to
SGRV’s attorney, Scott E. Williams, for a Reasonable Accommodation Request. All
requests for SGRV to accept the delivery of Carol’s medication delivery were
refused.
8. Fairalls’ claim HUD employees had OK’d Complaint based
upon illegal service dog fees and failure to honor a Reasonable Accommodation
Request for the delivery of medication.
9. Fairall’s claimed that HUD never spoke to Lil Eggen as
reported and that HUD failed to properly interview Millie Totenbusch and failed
to document of all her problems, concerns, and legal problems with SGRV.
10. Fairalls’ claim that HUD’S mistakes, errors, and
omissions were caused by Charles Hauptman, San Francisco Regional Director, by
prematurely closing the complaint without a proper investigation prior to his vacation
because of his fear or relationship with SGRV’s attorney Scott E. Williams.
04/26/12
– Senator McCain Letter to Fairall – Stated our situation is
in the jurisdiction of HUD’s OIG and referred our problem there. Senator
McCain’s letter stated: “Mark, I hope your situation can be resolve
favorably.”
05/05/12
– Fairalls filed Internet Complaint with FBI #I1205051709374092 – False
Advertising
05/05/12
– Fairall email Senator McCain – copy of IC3 complaint
attached to email.
05/08/12
– Fairalls filed Elder Abuse and Senior Financial Exploitation Complaint – Delivered in person to the FBI our complaint against SGRV, Scott E. Williams, and Arizona
Attorney General Tom Horne.
05/08/12
- Fairall email to Senator McCain – copy of FBI complaint
attached.
05/25/12
– Fairall email to Senator McCain – Informing Senator McCain
of our TV elder abuse story to be on Channel 3.
05/30/12
– Senator McCain Letter to
Fairall – Referred email to HUD OIG.
06/01/12
– Fairalls’ interviewed by Channel 3 News
06/02/12
– Fairall email to Senator McCain – informed Senator McCain
about TV interview.
06/21/12
– Fairall email to Senator McCain requesting update on OIG HUD Review. - NO
RESPONSE FROM OIG - 60 days since
the second request for an OIG investigation -1012 days since original HUD
complaint was filed.
06/22/12
– Fairall's 2nd letter to Senator McCain - Showed
proof SGRV’s mold inspector had a paying relationship with Scott E. Williams in
May 2011 and had lied to HUD in the interview that no relationship existed. This letter also had copies of SGRV’s false
advertising contracts with Scott E. Williams Bate Stamp on them and thus
allowing SGRV’s illegal activities of Interstate Internet Fraud, Elder Abuse,
and Senior Financial Exploitation.
06/22/12
– Senator McCain Letter to Fairall – Referred our situation to
HUD OIG.
06/25/15
– Fairall email to Senator McCain - informing Senator McCain
that our story will air tonight.
06/25/12
– Fairalls’ SGRV abuse story aired on Channel 3 TV News
07/6/12 – Fairall's 3rd
letter to Senator McCain - Showed
proof, evidence, and damage from SGRV’s mold problem. The letter also reported
two other SGRV elder abuse stories the Channel 3 TV News aired:
Clayton
Hanning – The family of the deceased SGRV resident Clay
Hanning could not get the prepaid rent returned after Mr. Hanning passed away
in July, 2010. – TV Aired Complaint in October, 2010 - http://www.azfamily.com/news/consumer/Family-has-trouble-getting-refund-after-man-pre-paid-rent-but-died-before-lease-began-107013084.html
Ann
Graham
– The 95-year old senior that SGRV kidnapped out of an assisted living
facility, forced her to sign the SGRV contract and pay rent, and locked away
her belongings when she found she had been duped by SGRV’s lies about
nonexistent assistant living amenities. - Aired in May, 2012 http:
//www.azfamily.com/home/related/ Woman-cant-get-property-from-care-facility-154262925.html - The
Fairall letter also addressed the illegal advertising misuse of SGRV on ELDER
CARE REFERRAL AGENCIES (ECRAs) and Washington States’ new senior protection to
regulate that industry.
07/11/12
– Fairalls’ 4th letter to Senator McCain - Informed the Senator that
HUD just sued on 04/25/12 for a Retaliation Fair Housing Complaint (#040813578)
after HUD delayed justice for six years. Our Letter requested amending our HUD
complaint to read Fairall v. Scott Green, Seniority, Inc. (a subsidiary of the
American Baptist Homes of the West (ABHOW), Scott E. Williams, and the owners
of Sun Grove Senior Living, LLC dba Sun Grove Resort Village. The letter also
informed Senator McCain that the SGRV Residents signed a petition that the food
and dishes were not safe and posted it online. SGRV’s chief resigned and the
food was being prepared by the SGRV gardener who is not properly license for
food service. The Arizona Environmental Services have been alerted to the SGRV
dangerous kitchen and food problem. Complaint #12-15250 was filed to protect
the SGRV seniors from harm.
08/22/12
– Fairall email to Senator McCain – requested update on HUD OIG
investigation.
08/23/12–
Emails from Felecia Rotellini – Expressed interest in attending our 10/22/12
Elder Abuse Prevention Class. Felecia Rotellini had a friend’s mother
defrauded. She is interested in helping in presentations.
08/27/12
– Fairall's 5th letter to Senator McCain – Requested update
to HUD OIG investigation.
08/30/12
– Fairall email to Senator McCain – informed Senator McCain that SGRV’s Scott Green
was fired because of his criminal background of being a Medicare Fraud Felon.
09/04/12
– Fairall's 6th letter to Senator McCain – Informed Senator
McCain that the SGRV Executive Director, Scott Green, is a 2005 Medicare Felon,
that Scott Green was fired, and we were getting new witnesses. We informed
Senator that we had contacted the Maricopa County Board of Supervisors
on 05/05/12 and made them aware of the problems they caused by hiring attorney
Scott E. Williams to represent county officials’ election problems and the
appointing of JP Melanie Deforest.
09/04/12
– Fairall's 1st letter to HUD Secretary Shaun Donovan –Requested help on
our HUD complaint in the light that SGRV’s Scott Green was a 2005 Medicare
Felon and that he was terminated from SGRV. – No Response Received.
09/04/12 – Fairall email to
Felecia Rotellini – SGRV’s manager terminated receiving settlement offers from Karl Nunley who took over for Scott Green.
09/05/12
– Email from Felecia Rotellini – 11:02 AM- Questions concerning SGRV’s
settlement offer and request us to set up an appointment.
09/08/12
– Fairall email to Senator McCain – gave details of Scott Green criminal conviction.
09/14/12
– Mark Fairall called HUD Congressional Liaison Kathleen Hatcher (202) 402-8333
- 9:05 AM – Requested information concerning our OIG
complaint and she said she could not find our case and she would call me back. No
call back was ever received from Kathleen Hatcher of HUD OIG.
Requested Help from Felecia
Rotellini for Fairall Fair Housing Complaint
09/14/12
– Fairall email to Felecia Rotellini – 10:07 AM – Requested help
on our HUD case - 09/14/12 – Email from Felecia Rotellini – 11:09 AM
– Received email explaining the she is busy and needed more time to review the
documents sent her.
09/17/09
– Fairall email to Senator McCain – attached 09/17/12 letter to Maricopa County
Attorney requesting help prosecuting Scott Green for criminal elder abuse and
fraud.
09/23/12
– Email from Felecia Rotellini – 7:02 PM – Ms. Rotellini agreed to
represent us on our HUD complaint and said Mary Alice Donnelly would get us the
engagement letter.
10/04/12
– McCain letter to Fairall – No longer can assist us and to hire a lawyer
10/19/12
- Fairall email to Senator McCain – Expressed
disappointment with Senator McCain’s last letter dropping his assistance.
11/1/12
– Mark Fairall called HUD Congressional Liaison Hatcher – 8:02 AM - Ms. Hatcher said
she was unable to help us. 11/1/12 – Fairall email to Felecia Rotellini –
8:21 AM -Requested her help since Senator McCain gave up on getting HUD to
open our fair housing complaint against SGRV. 11/1/12 – Email from Felecia
Rotellini – 10:35 AM – Saw our email letter to Senator McCain, Kathleen
Hatcher, and her. Ms. Rotellini questioned if we had ever filled out the proper
HUD complaint forms. She stated our HUD complaint is not lost but on someone’s
desk and probably it was not properly processed. 11/01/12 – Fairall & Felecia
Rotellini eight emails – 12:55 PM – Representation discussions.
11/02/12
– Fairall & Felecia Rotellini two emails – 2:19 AM – Representation
discussion – Ms. Rotellini stated: “Like
I said, I will help you with the HUD Complaint.”
11/06/12
– Fairall email to Felecia Rotellini – Informing attorney that HUD OIG has declined us –
Kathleen Hatcher from HUD OIG stated: “That
it was not in their purview.”
11/12/12
– Email from Felecia Rotellini’s Office – requested appointment with us.
11/13/12
– Email from Felecia Rotellini’s Office – appointment time at her
office set for 11/30/12.
11/28/12
– Email from Felecia Rotellini’s Office – appointment time changed to
2:30 PM.
11/30/12
– Appointment at Felecia Rotellini at her office – Two hour meeting
while Ms. Rotellini reviewed evidence. We gave Ms. Rotellini a copy of our
11/30/12 letter and documents written to Peoria Police Chief Roy Minter
requesting the criminal prosecution of Scott Green, Scott E. Williams, and Mark
A. Tucker. We requested for Chief Minter to stop the ongoing SGRV criminal
activities. He refused.
11/30/12
– Fairall email to Senator McCain – copied our 11/30/12 letter to Peoria Police Chief
Minter.
12/01/12
– Fairall email to Felecia Rotellini – A Thank You for our appointment time and helping
us. We requested agreement paperwork for representation.
12/02/12-
Email from Felecia Rotellini – confirmed she is looking to help us.
02/12/12
– Attorney Felecia Rotellini was unable to get HUD to Reopen Complaint
04/01/13
– Posted the SUN GROVE RESORT VILLAGE ELDER ABUSE STORY on our Facebook and the
Internet.
04/25/13
- Started to mail complete SGRV elder abuse story to officials and press.
UNITED STATES SENATE
SPECIAL COMMITTEE ON AGING
Committee History
The
Senate Special Committee on Aging was first established in 1961 as a temporary
committee. It was granted permanent status on February 1, 1977. While special
committees have no legislative authority, they can study issues, conduct oversight
of programs, and investigate reports of fraud and waste.
Throughout
its existence, the Special Committee on Aging has served as a focal point in
the Senate for discussion and debate on matters relating to older Americans.
Often, the Committee will submit its findings and recommendations for
legislation to the Senate. In addition, the Committee publishes materials of
assistance to those interested in public policies which relate to the elderly.
The
Committee has a long and influential history. It has called the Congress' and
the nation's attention to many problems affecting older Americans. The
Committee was exploring health insurance coverage of older Americans prior to
the enactment of Medicare in 1965.
Since
the passage of that legislation, the Committee has continually reviewed
Medicare's performance on an almost annual basis. The Committee has also
regularly reviewed pension coverage and employment opportunities for older
Americans. It has conducted oversight of the administration of major programs like
Social Security and the Older Americans Act. Finally, it has crusaded against
frauds targeting the elderly and Federal programs on which the elderly depend.
Senator
Frank Moss (D-Utah) brought to light unacceptable conditions in nursing homes.
Senator Frank Church (D-Idaho) worked on adding more protections for seniors in
the area of age discrimination. Senator John Heinz (R-Pennsylvania) reviewed
Medicare's Prospective Payment System to see whether it was true the system was
forcing Medicare beneficiaries to be discharged "quicker and sicker."
When
the statute of limitations for age discrimination in employment claims had
lapsed, Senator John Melcher (D-Montana) worked to restore the rights to
America's older individuals. Senator David Pryor (D-Arkansas) investigated the
pricing practices for prescription drugs and his efforts helped change the
pricing behavior of pharmaceutical companies. Senator Bill Cohen (R-Maine) led
the way to enactment of strong health care anti-fraud legislation. Under
Senator Chuck Grassley (R-Iowa) the committee investigated abuses in the
nursing home and funeral home industries. Most recently, Sen. John Breaux
(D-Louisiana) focused the committee's work on long-term care.
Over
the years, the Committee has been in the thick of the debate on issues of
central concern to older Americans. As the baby boom generation begins to
retire en masse, the work of the Special Committee on Aging has only just
begun.
Issues
Elder Fraud and Abuse
Elder Justice
Senator Kohl is one of the lead sponsors of the Elder Justice Act, a bipartisan, bicameral effort which aims to coordinate the efforts of the federal government with states, senior centers, law enforcement organizations, community groups, and social services to prevent and respond to instances of physical, emotional, and financial abuse of seniors - whether committed by family members, strangers, or caregivers. The Elder Justice Act was reintroduced in March 2007 with Senator Kohl as an original cosponsor, and he is hopeful that this important legislation will become law during the 110th Congress.
The Patient Safety and Abuse Prevention Act
Senator Kohl has introduced the Patient Safety and Abuse Prevention
Act to prevent those with criminal histories from working
within long-term care settings by creating a comprehensive nationwide system of
background checks. The legislation would expand a highly successful
three-year pilot program, spear- headed by Kohl and authorized under the 2003
Medicare Modernization Act, which prevented more than 7,000 applicants with a
history of substantiated abuse or a violent criminal record from working with
and preying upon frail elders and individuals with disabilities in long-term
care settings.
The bill calls for states to
establish coordinated systems that include checks against abuse and neglect
registries and a state police check. It also adds a federal component to
the background check process by screening applicants against the FBI’s national
database of criminal history records. Thousands of individuals with a
history of substantiated abuse or a criminal record are hired every year to
work closely with exposed and defenseless seniors within our nation’s nursing
homes and other long-term care facilities. Because the current system of
state-based background checks is haphazard, inconsistent, and full of gaping holes,
predators can evade detection throughout the hiring process, securing jobs that
allow them to assault, abuse, and steal from defenseless elders.
The Senate Aging Committee first
held a hearing on this legislation in 1998. A subsequent hearing in 2002 focused
on the problem of nursing home abuse, highlighting Senator Kohl's bill as part
of a possible solution. The measure was included in the Medicare prescription
drug legislation that passed the Senate in June 2003. The final Medicare
Modernization Act that became law included a pilot program in seven states,
including Wisconsin, Michigan, Illinois, Nevada, New Mexico, Alaska and Idaho.
In July 2008, the Committee released a report on the overwhelming success of
the pilot program. The states who participated in the pilot have all chosen to
continue their programs at their own expense, and are taking additional steps
to build on the success of the technological infrastructure they created.
Nursing Home Safety
Senator Kohl has also successfully pushed for adequate funding for nursing home enforcement, including a national network of state survey and certification agencies, which are charged with conducting onsite inspections of facilities and monitoring resident safety. In FY 2004, Senator Kohl worked to secure $251 million for states to conduct periodic inspections to ensure that nursing homes are safe and provide the best quality care, in spite of calls for cuts in funding by the Administration. In FY 2005, he worked to increase funding to $260 million. Since then, the program has been level-funded. During this year's FY 2008 discussions, Sen. Kohl will push for higher funding for inspections to accommodate the state survey agencies' increasing workload. In addition, Senator Kohl has requested that the Government Accountability Office look at several key enforcement issues, and will hold a series of Aging Committee hearings on policy-oriented approaches to improving nursing home quality and delivery of long-term care services more generally.
Senior Investment Fraud and Financial Exploitation
Many Americans have heard the horror stories of seniors losing their retirement savings through one scam or another: foreign lotteries, telemarketing schemes, identity theft, and on and on. But today, seniors are facing new risks and investment fraud is on the rise. According to estimates by Consumer Action, a consumer education and advocacy group, while seniors 60 and older make up 15 percent of the U.S. population, they account for roughly 30 percent of fraud victims.
One
of the keys to stopping senior scams is to help seniors spot and avoid
investment scams. Senator Kohl has also been working to tighten rules that
require sellers of securities to disclose their credentials and training, as
well as any hidden fees or high risk investments they sell. He also believes
that it should be easy for seniors to check out specific sellers to ensure they
are reputable and that penalties for those who run these scams should be
increased. Senator Kohl is working to ensure that law enforcement agencies have
the proper resources and training to combat these crimes. Through his role on
the Appropriations Committee, he has requested funding to maintain the National
White Collar Crime Center, a valuable organization in the fight against senior
investment fraud.
Committee Members
Democrats
 |
| BILL NELSON - CHAIRMAN |
o
Ron Wyden (Oregon)
o
Bob Casey (Pennsylvania)
o
Claire McCaskill (Missouri)
o
Sheldon Whitehouse (Rhode
Island)
o
Kirsten Gillibrand (New
York)
o
Joe Manchin, III (West
Virginia)
o
Richard Blumenthal (Connecticut)
o
Tammy Baldwin (Wisconsin)
o
Joe Donnelly (Indiana)
o
Elizabeth Warren (Massachusetts)
Republicans
o
Susan Collins, Ranking Member (Maine)
 |
| SUSAN COLLINS - RANKING MEMBER |
o
Orrin Hatch (Utah)
o
Mark Kirk, III (Illinois)
o
Dean Heller (Nevada)
o
Jeff Flake (Arizona)
o
Kelly Ayotte (New Hampshire)
o
Tim Scott (South Carolina)
o
Ted Cruz (Texas)
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