Monday, May 13, 2013


INFORMATION NEEDED ON SENIORITY INC. AND AMERICAN BAPTIST HOMES OF THE WEST (ABHOW)

We have asked HUD, the Senators, and President Barack Obama to have a Systemic Investigation done on these senior living providers. We want information on their hazardous senior living conditions, information on their usage of false advertising, and information about the criminal backgrounds of their senior living facilities' managers.

 We are receiving emails about the dangerous living conditions and mold in the properties managed by Seniority Inc. and their parent company American Baptist Homes of the West.

Please read our 05/01/13 Letter to the US Senate Special Committee on Aging:

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

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

We received one email which states:

“Thank you for your post. It has made me look deeper into ABHOW and Oakdale Heights a lot deeper.  You also mentioned “A Place for Mom” which is used by many facilities in CA. I work for a facility that was with Oakdale Heights, than was taken over by ABHOW.  Since then I have our facility has gone to hell in a hand basket.   It seems we are more concerned with filling beds and making money than actually providing quality care.  I believe we are using a HUD loan.  We have had black mold, holes in walls, cracked uneven cement in courtyard, non-working heaters, non-working AC......many things however I fear that reporting to Sloan Bentley will not get any results.  Any suggestions on how to make a complaint that will get help and looked at? Thanks for your time, and once again thanks for your articles.

INFORMATION FROM OUR REPORT  
THE SUN GROVE RESORT VILLAGE 
ELDER ABUSE STORY

Sun Grove Resort Village (SGRV) is a senior living facility located at 10134 W. Mohawk Ln., Peoria, AZ 85382. SGRV was built nearly 30 years ago. SGRV consists of 11 buildings which house 86 separate apartments and a main club house/office/dining room.  In May, 2006, the present 20 SGRV owners purchased the property for $4.1 million as an investment from the Oakdale Heights/AREI Ponzi Scam. The SGRV owners had to put an additional $400,000 in capital into their bad SGRV investment in order to keep the senior living facility in operation until they could sell it after the recession
                                                                                              
The SGRV property has many problems because it has been poorly maintained for over six years. The SGRV property has extensive mold problems and dangerous living conditions (bad electrical wiring, obstructed walkways, no emergency alarm system, broken emergency elevator phones, and no fire drills). This has been documented by Maricopa County Environmental Services, Arizona State Board of Cosmetology, Pro-Lab/SSPTM, Inc., and notarized/written statements.

DINING ROOM PROBLEMS: The Maricopa County Environmental Services has had 13 restaurant inspections of the SGRV over the past three years. The reason for the high number of SGRV restaurant inspections is because of the high number of violations, the high number of complaints, and the fact that SGRV had an unlicensed food server, their gardener, preparing food for the senior residents. In the past three years, SGRV had 24 major restaurant violations and 23 (96%) of those violations could have resulted in mold. The egregious SGRV restaurant violations were:  dried food on counter-tops  soiled plates and utensils, refrigerator too warm, door sweep not effective, food not cooked properly, cross-contamination problems, leaking plumbing problems, uncovered garbage and toilet, poor employee and kitchen sanitation, and improper cooking utensils. The SGRV seniors and public are at risk of becoming sick or dying because of SGRV’s dangerous restaurant conditions and service.

SWIMMING POOL PROBLEMS: The Maricopa County Environmental Services failed SGRV’s pool on 12/29/08 for insufficient chlorine. Gil Bakke, nephew to former SGRV resident Catherine Reinertson, stated in his 07/28/11 statement to our private investigator that he had become sick in 2009 with a costly severe skin infection that was caused by SGRV’s improperly treated pool water. The SGRV swimming pool is a health risk.

BEAUTY SALON PROBLEMS:  The Arizona State Board of Cosmetology issued the 02/19/10 LETTER OF CONCERN because the SGRV Beauty Salon was: delinquent of the license, it had no TB HIV-1 HEP B kit, it had no first aid kit, and it had no blood spill kit. The SGRV Beauty Parlor is a health risk.

MOLD PROBLEMS: The Maricopa County Environmental Services was called out for a mosquito infestation complaint #310225 on 05/20/11. The inspector found mold in the front SGRV fountain that was causing the mosquito problem.  Our Pro-Lab.SSPTM Inc. apartment mold study kit found unacceptable levels of the molds Bipolaris and Drechslera in our SGRV apartment on 10/18/09.
                                                                                                                                  
DAVE FERGUSON
ABHOW PRESIDENT & CEO
ABHOW runs 43 retirement communities housing over 5,000 residents in California, Arizona, Nevada, and Washington. ABHOW is the largest provider of continuing care in the Western US and is the third largest in the Nation. ABHOW’s 2012 annual sales reports $111 billion in sales generating $1.19 billion profits on $520 billion of assets ($107 billion is in cash).  In January 2013 Fitch Ratings downgraded ABHOW’s revenue bond rating to BBB+ because profitability dropped from $3.99 billion in 2011 to the current 2012 profitability of $1.19 which was caused by increased debt from expansion. ABHOW’s President/CEO, David B. Ferguson stated in the 2012 annual report: “Their (ABHOW’s 1949 founders) vision lives on because ABHOW has taken the long view – always preparing for future opportunities while ensuring that our communities meet the highest standards.”(Picture: David B. Ferguson ABHOW’s President/CEO)

Seniority, Inc. is a for-profit consulting firm that is wholly-owned by ABHOW. Seniority, Inc., was formed in 1997 to assist senior housing facilities with management expertise, marketing expertise, and daily operations oversight. Seniority, Inc.'s President is Sloan Bentley. Ms. Bentley is in the middle of the picture.
SLOAN BENTLEY GIVING AWARD AT THE SENIORITY CONFERENCE IN OCTOBER, 2009.
THE CONFERENCE WAS HELD IN  LAS VEGAS

MANAGER OF THE YEAR AWARD WENT TO SCOTT GREEN, SGRV'S EXECUTIVE DIRECTOR AND THE
2005 MEDICARE FRAUD FELON

THE OTHER PERSON IS GREEN'S FALSE ADVERTISING ACCOMPLICE, CAROLYN DUNCAN, SGRV'S FORMER MARKETING DIRECTOR.

THIS IS SHOCKING!


Please contact me at: markfairall@yahoo.com with any information you have about 
Seniority Inc. and 
The American Baptist Homes of the West
(ABHOW).


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