Archive for September 2011
Attorney Cal Potter Wins Again Against Police Abuse!
September 26, 2011 by kayfrank.
A Review Journal article dated September 25, 2011 reports that famous Southwest Defense Attorney Cal Potter recently won yet another large financial judgement for police abuse by Clark County law enforcement officials.
You probably are thinking, so what?
Well, Defense Attorney Cal Potter is a legend in this Southwestern area for his many decades of winning large settlements and law suits from government agencies (and particularly from police departments) for abuse of authority and other law violations.
Mr. Potter is the attorney of choice for attorneys, business owners and citizens who are wrongfully exploited by local, state and federal government officials.
You might still be thinking, so what?
Well, it happens that Mr. Cal Potter is the attorney representing my husband, Bob Frank, against Henderson’s unjustified criminal arrest for allegedly filing a willfully false police report against certain Sun City Anthem board members for failing to comply with NV forgery law and federal income tax laws.
And, no one can recall the last time, if ever, that Henderson had filed such a criminal arrest warrant against ANYONE–much less against an honorable, retired Air Force Colonel with a perfect lifetime record of honor and service to this Nation.
Even after Henderson received hard evidence last year of my husband’s innocence when the Internal Revenue Service Audit of the Sun City Anthem Board’s 2007 tax return proved his allegations were true, the City has steadfastly refused to dismiss the false charges and delayed going to trial.
But, after almost a year and a half of delays, that bogus misdemeanor case is finally going before a special judge on October 27, 2011.
Meanwhile, the legal expenses have piled up for such a high profile attorney. And, Henderson City officials have recused themselves and contracted with a special prosecutor and special judge. It was discovered that most of the Henderson City leadership had irreconcilable conflicts of interest with a Sun City Anthem Board Officer (a potential person of interest to the District Attorney) who had been a Henderson Assistant City Attorney and Judge Pro Tem for many years. The whole matter smells to me like it could wind up being related to the FBI’s broader investigation into other NV HOA corruption.
If you are not familiar with this outrageous case of police abuse and political attacks against my husband, see these links for some details:
2. http://blog.anthemvoice.org/2011/05/01/false-arrest-case/
3. http://www.anthemtoday.com/forum/viewtopic.php?f=8&t=2597#p4820
Kay Frank
Posted in kay_frank, Ann_Small, Truth Squad, SCA Board, Laws & Rules, Community Affairs, Operations | Print | No Comments »
Should You Refuse “Smartmeter” Installation?
September 26, 2011 by admin.
Nevada Power has received taxpayer “stimulus” money to acquire and install electric smart meters on all NV homes. This comes after years of installations in other states and growing outrage against such devices. California home and business owners are particularly outraged and fighting back. That comes as a surprise since CA has a reputation for being quite accommodating to new “green” technologies.
There are critical questions about the claimed values, health risks, and purposes of the smartmeter technologies. It is questionable on whether the power companies and federal government should be allowed to force homeowners to accept these devices.
There are unresolved privacy and constitutional issues that could eventually terminate the entire program. In the meantime, who wants to be the lab rats involved in the early installations?
Here are just a few of the Internet links to videos about the smartmeter technologies. They seem to effectively debunk all of the power company’s claimed “benefits”.
What Is A Smartmeter Doing?
http://www.youtube.com/watch?v=YpndoSq19BA&feature=related
Darkside of Smartmeters:
http://www.youtube.com/watch?v=FLeCTaSG2-U&NR=1
Smartmeter Technologies: Armed Spy Devices
http://www.youtube.com/watch?v=8Fndf2EciSg&feature=related
Smartmeters Are Not Really Smart:
http://www.youtube.com/watch?v=p-nmaYU6kek&feature=related
Pres..Obama’s Spin on ”Personal Benefits” of Smartmeters:
http://www.youtube.com/watch?v=8uyt55mieYw&feature=related
Mark Levin Against Obama’s Speech on Smartmeters:
http://www.youtube.com/watch?v=W_XG25YKRGc&feature=related
Defeating A Smartmeter:
http://www.youtube.com/watch?v=CL2JQ0FbgvU&feature=related
Smartmeter Ripoff:
http://www.youtube.com/watch?v=XEZ0Ba0gZQY&feature=related
Refuse Smartmeter:
http://www.youtube.com/watch?v=w0XnOoLR-u0&feature=related
Opt Out of Smartmeters:
http://www.youtube.com/watch?v=cTnGMN-kQ64&feature=relmfu
Siemans Marketing Pitch on Smartmeters For Business:
http://www.youtube.com/watch?v=3ZoWlnEc32Q&feature=related
Itron Smartmeter Marketing Pitch for Businesses:
http://www.youtube.com/watch?v=MtO6q3FPg8s&feature=related
Comments on WSJ Article– Smartmeter—Dumb Idea:
http://www.youtube.com/watch?v=oUdx79ffjjo&feature=related
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Sun City Summerlin HOA Under IRS Audit
September 22, 2011 by admin.
The below email reports on the Sun City Summerlin Board Meeting on September 19, 2011 where it was confirmed that an IRS audit was underway.
“From: dom addonizio
To:
Sent: Monday, September 19, 2011 1:12 PM
Subject: IRS audit of the associationIt was revealed by one of the directors at today’s Board of Directors meeting that resident Bernard Silver complained to the IRS about the association, and that this precipitated an audit of the association by the IRS. The audit is still on-going. Dom Addonizio”
Sun City Summerlin has always used the same, Del Webb/Pulte-recommended auditor/tax preparer as Sun City Anthem (Mr. Gary Lein, CPA). As a reminder, Mr. Gary Lein is also a long-time member of the Governor-appointed Commission for Common Interest Communities and Condominiums.
More details will be provided when available.
Posted in SCA Board, Community Affairs, Operations, News! | Print | No Comments »
Preparer Sent To Prision For False Tax Returns
September 16, 2011 by admin.
The Sun City Anthem (SCA) Board of Directors and certain Sun City Anthem Corporate Treasurers since 2002 and their auditor/tax preparer have been notified by the IRS they have failed to comply with Federal Tax Regulations.
The IRS has initially notified SCA it owes $1.345 Million in back taxes and penalties for the 2002-2007 tax returns. Subsequent returns prepared in the same manner have not yet been audited. Meanwhile, instead of following a smart strategy to minimize the back taxes and penalties, the board is following an ego-driven appeal strategy that is apparently wasting tens of thousands more of our dues.
Treasurers for 2002-2007 years were Favil West, Kay Dwyer and Roz Berman. The Board’s auditor/tax preparer for that period was CPA Gary Lein and the association attorney was John Leach. CPA Jack Troia was also personally involved as a (self-proclaimed) tax “expert” on the Finance Committee during most of the audit period.
While the involved directors, professional advisers, finance committee members and community management company leaders are presumed innocent until proven guilty, one has to wonder what they were thinking after the board had been advised in 2008 they were filing false tax returns, and they refused to resolve the disputed issues?
Were any of them monitoring the Department of Justice public information being released about criminal convictions for filing false tax returns? The following is just one quote from the DOJ tax site. It describes a case that appears to be far less damaging than the SCA case and the results should be very worrisome to many of the involved SCA individuals.
“Department of Justice Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, September 15, 2011
Baton Rouge, La., Tax Preparer Sentenced to Prison for Aiding in Preparation of False Tax Returns
WASHINGTON - Melissa Edwards was sentenced by U.S. District Court Judge Brian A. Jackson to 30 months in prison based on her plea of guilty to one count of willfully aiding and assisting in the preparation and filing of a false income tax return, the Justice Department and Internal Revenue Service (IRS) announced today. The court also ordered Edwards to serve a one-year term of supervised release following her prison term and to pay restitution to the IRS in the amount of $56,040. The case arises out of a March 31, 2010, indictment filed in the Middle District of Louisiana.
According to her plea agreement, Edwards, who worked at Jasmine and Melissa’s Tax Service in Baton Rouge, La., prepared fraudulent tax returns for 20 clients that reported falsely inflated telephone excise tax refund (TETR) credits in the total amount of $126,856. The TETR credit was a one-time credit available to taxpayers for the 2006 year. The sentencing court found that the tax loss, including all relevant conduct, was between $400,000, but less than $1 million.
John A. DiCicco, Principal Deputy Assistant Attorney General for the Department of Justice Tax Division, commended the IRS Special Agents who investigated this case and Tax Division Trial Attorneys Kevin C. Lombardi and Matthew J. Mueller and Assistant U.S. Attorney Rene Salomon of the Middle District of Louisiana, who prosecuted the case.
More information about the Justice Department’s Tax Division and its enforcement efforts is available at www.usdoj.gov/tax/”
For more information:
Sun City Anthem CAI IRS Audit Report–$1.345 Million Back Taxes Owed for 2007:
http://blog.anthemvoice.org/2011/03/02/irs-report-released-boardauditor-has-no-more-excuses/
http://blog.anthemvoice.org/2011/02/19/reject-the-boards-shell-game-on-income-taxes/
Posted in Truth Squad, SCA Board, Community Affairs, Operations | Print | No Comments »
Hundreds Identified By FBI In NV HOA Fraud Investigations–More To Come
September 5, 2011 by admin.
The August 30, 2011 Las Vegas Review-Journal reported that federal prosecutors investigating fraud by Nevada HOAs, HOA professional advisers, and government authorities for the past few years have identified 75 to 100 co-conspirators including board members, management companies, judges, attorneys and former police officers (see links below).
Sun City Anthem is not yet been mentioned on the released FBI list of involved HOAs, but after the 2011 IRS demand for $1,345 Million in back income taxes and penalties from SCA, and after the more than 100 major affidavits alleging law violations with the Nevada authorities in the past few years, we should anticipate that the SCA directors, attorneys, auditor, and management company are known to the FBI’s investigative team.
The massive, multi-year FBI investigations have exposed elaborate HOA schemes involving such criminal violations as:
(1) board elections fraud,
(2) construction defects claims fraud,
(3) non-competitive contracts fraud,
(4) fraudulent legal services,
(5) real estate fraud,
(6) self-dealing among boards, management companies and HOA law firms, and
(7) theft.
So far, about two dozen targets of the investigation are said to be taking plea deals that would ensure their cooperation in the prosecution of higher-level players in the scheme.
Here are a small number of the links reporting on alleged SCA Board Financial misconduct/possible fraud in recent articles:
2. http://www.justice.gov/opa/pr/2011/August/11-crm-1114.html
5. Here are just a few of the previously reported/alleged SCA Board Violations of laws and statutes:
- Suspected Board Election Fraud:
http://blog.anthemvoice.org/2011/04/23/can-we-trust-the-sca-election-results/
http://blog.anthemvoice.org/2011/03/27/emergency-election-statutes-violation-filed/
http://www.scaview.org/ElectionCoverup.html
- Suspected Financial Misconduct:
http://blog.anthemvoice.org/2011/04/22/should-you-call-911-if-you-are-being-robbed/
http://www.scaview.org/TheCoverUp.html
http://blog.anthemvoice.org/2010/03/17/current-list-of-open-board-issues/
- Suspected Legal Services Law Violations:
http://blog.anthemvoice.org/2011/04/03/sca-board-says-attorney-general-charges-are-mistaken-really/
- Apparent Improper Accounting Practices:
http://blog.anthemvoice.org/2011/03/07/why-was-4779709-off-the-books-in-2009/
- Reported Misconduct in SCA Reserves:
http://blog.anthemvoice.org/2011/03/03/gross-overfunding-of-sca-reserves/
- IRS Audit Report–$1.345 Million Back Taxes Owed:
http://blog.anthemvoice.org/2011/03/02/irs-report-released-boardauditor-has-no-more-excuses/
http://blog.anthemvoice.org/2011/02/19/reject-the-boards-shell-game-on-income-taxes/
- Villas Neighborhood Reserves Mismanagement/apparent fraud:
http://www.scaview.org/TheConPart4.html
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Did Defrocked Attorney Berman Mean To Disclose The “Truth”?
September 1, 2011 by THE VOICE.
Suspended attorney (since 1991), former Sun City Anthem (SCA) Board Vice President, and self-appointed “spokesman/public relations director” for the SCA directors, David Berman said on his blog concerning law violations prosecuted by the Deputy Attorney General against his spouse:
“There is no excuse for allowing complaints of any nature to gather dust for more than three years as this one did, or for matters that can be resolved through discussion, letters of instruction, etc., to be treated as quasi-criminal matters. ”
Right!
So, why DID the board-president-spouse of a convicted forger/defrocked attorney FAIL for over 3 YEARS to follow the laws and protect the rights of every one of our SCA homeowners? Did she ignore her spouse’s advice?
After being clearly told and officially opposed by a fellow board member in March 2008, as well as by homeowner Tim Stebbins in May 2008 of her violations BEFORE she voted (on both occasions), why did Roz Berman willfully act wrongfully? During the recent hearing, the Senior Deputy Attorney General (DAG) told the Common Interest Communities Commission (CICC) and those in the hearing room that board members can not blame their failures to comply with statutes on bad advice from their “professional advisers”. The DAG said each director is personally responsible for their bad actions.
So, why did Roz Berman and Mike Dixon FAIL to act to correct their known law violations in 2008 and 2009 after being notified by the State of Nevada in late 2008 that they were being formally charged with violating the laws?
After such a State notification the proper, moral, and legal action would have been to revoke the changed by-laws and CC&Rs and to ask the association attorney for a refund and/or future cash credits. Instead, the boards played “chicken” with the State and we must presume this was upon advice of the (conflicted) association attorney who had profited handsomely from the whole affair.
Unfortunately, the “victory” celebrations by the accused may have been premature. The matter may NOT be “over”. The CIC Commission “decision” may be subject to review and reversal.
But, as of today, it is clear the NV government Executive Branch Agencies responsible for ensuring HOA justice have universally failed the citizens of this State.
The indicted board members, the equally complicit/uncharged SCA board members from 2007, the association attorney who advocated and profited by at least $30,000 from the law violation, and the community management company that failed to provide competent “professional” advice may be subject to future indictments/charges from the Real Estate Division and Attorney General.
The State agencies are not “done” until THEY say they are, and growing public pressure for justice may force this matter to be continued until it is properly resolved.
The facts are that NONE of the involved individuals have ever been properly charged/indicted, and that is why the CICC could not complete its hearing. A proper hearing still needs to be conducted to determine the guilt or innocence of the alleged violators–as required by NV Statutes.
The Deputy Attorney General and Real Estate Division are confident they can prove certain SCA directors willfully violated the NRS116 statutes. And, where there is government will, there are likely ways for those State Agencies to complete their duties.
Furthermore, the four CIC Commissioners who voted in favor of dismissing the case “with prejudice” (without hearing any of the evidence) could find themselves charged with negligence. If so, they could be asked to resign by the appointing authority.
The apparent negligence and toleration of corruption by the CICC on this case taints the credibility of the CIC Commission, the Real Estate Division and the Office of the Deputy Attorney General. The future on this matter is murky, and the involved board members and their “professional advisers” since 2007 should not be resting easy.
For additional details, see this prior Anthem Voice Posting:
http://blog.anthemvoice.org/2011/06/18/attorney-general-office-removed-bob-frank-from-sca-board-indictment/
Posted in SCA Board, Truth Squad, Community Affairs, Laws & Rules, Lifestyle, Operations, News! | Print | No Comments »