Thursday, July 23, 2015

NO REAL JUSTICE FOR ELDERLY IN ARIZONA



POSTED ON THE WHITE 
HOUSE CONFERENCE 
ON AGING WEBSITE




Mark Fairall
THE REAL FACES OF ELDER ABUSE

Nice words by the Elder Justice Forum but in the real world elder abuse and fraud are increasing at an alarming rate. The new estimate by True Link Financial study just released new information that raises the old estimate of elder financial abuse from $2.9 billion to $36.5 billion. The government really has no idea what the real statistics for elder abuse are. 


We witnessed in Arizona a senior living facility abuse and defraud 66 people in Arizona. The senior living facility was run by a convicted Medicare Fraud Felon that made his living scamming the government and elderly. 

Some of the elder abuse crimes were: 

1. withholding essential services (blocking the delivery of medications/failing to repair of air condition units), 
2. damaging apartments and suing the former senior residents for the damages, 
3. impersonating a doctor to get confidential medical records, 
4. Charging extra fees for service dogs, dead residents, and unused parking spaces, 
5.  misdating leases and altering contracts, 
6.  slander and rumor spreading, 
7.  blocking seniors from activities, 
8.  threats and abusive notices on the senior's apartment door, 
9. serving sub-quality food, failing to maintain a clean pool, and failing to remove         cockroaches and toxic mold from the senior apartment house, and 
10.  misuse of the legal system with baseless lawsuits. 

All our and other residents’ complaints to the police, attorney general, and HUD went unanswered and were closed without any real investigation. So far 38 of those 66 elder abuse cases have died without any justice, including my 93-year old aunt. 

My wife, Carol, received no justice when the apartment management refused two written Reasonable Accommodation Requests by a Disabled Person to allow the continued delivery of her anti-liver rejection medication. The senior apartment house refused to remove the toxic mold from our apartment and refused to give us a mold free apartment. Our Senator John McCain told us to hire a lawyer and could not even help on the illegal $450 fee charged for a licensed service dog. 

The police told us they did not have the manpower or interest to worry about elder abuse crimes. We had to hire a retired policeman and private investigator to take the abused seniors statements before they died. All this was written up in THE SUN GROVE RESORT VILLAGE ELDER ABUSE STORY that went to the United States Senate-Special Committee on Aging. They all did nothing. 

We speak and write about the elder abuse problem because we do not want others to suffer the way we did. We had that senior living apartment manager put back in jail for parole violations. We got a 43-year prison sentence for the Ponzi Scam felon that created this elder abuse scam that destroyed 23 senior living facilities. 

That is the real world and not this typical politician and bureaucrat "Spin" to keep their jobs.



           Sun Grove Resort Village - Peoria, Arizona




                                Former SGRV Manager:  Scott Green
                        Imposter Nurse (was cited): Claudia Marquez

                     Ponzi Scheme Mastermind - James Koneig




Tuesday, July 7, 2015

ARIZONA REGISTRAR OF CONTRACTORS (ROC) ALLOWS A CONTRACTOR TO SCAM THE ELDERLY


THE REGISTRAR OF CONTRACTORS (ROC) IS MAKING
PUBLIC RELATIONS NEWS BY GOING AFTER UNLICENSED CONTRACTORS.

ROC BUDGET
Unlicensed Contractors do not pay the annual dues to the ROC but they do pay a fines if caught. The ROC has a vested interest in going after unlicensed contractors for the fines because it is desperate for operating money. The ROC’s $12 million budget is stagnate with Arizona’s stagnate economy. The ROC just closed four state offices in a budget reduction move but that hinders Arizona consumers in rural communities for the filing poor workmanship contractor complaints.

The ROC has over 40,000 licensed contractors in Arizona. The ROC handles yearly nearly 4,000 complaints against licensed contractors and nearly 2,000 complaints against unlicensed contractors. The ROC received a negative audit from the Arizona Auditor in 2013 that it was failing to protect homeowners because of poor record keeping, failing to discipline contractors due weak investigations, and the washing of the Contractor Recovery Fund Trust to the state’s general fund. The ROC is in a state of reorganization since it just has had the former director, William Mundell, replaced with former ROC inspector Jeff Fleetham.

ROBERT FREUND
The ROC totally dropped the ball on our complaint concerning Robert Freund - owner of Palmers Kitchen Bath & Beyond (PKBB) and Palmers Plumbing Services (PPS). The reason for the ROC decline of our complaints was that we failed to allow the contractor to attend the ROC inspection of our house and failed to allow the contractor the opportunity to fix the over 60 poor workmanship problems. Those were all lies and the ROC inspector closed our complaints in one month without a complete investigation. Governor Ducey said he has no authority over the ROC decisions. We have investigated many other poor workmanship complaints we received from bad contractor victim homeowners and it is clear to us that the ROC’s performance is not improving.

GOVERNOR DUCEY IS UNABLE TO FIX ROC MISTAKES.

COURT VERDICT
PKBB V. FAIRALL
We have lost over $100,000 in repairing the problems and the drop of the house value. We did win the 17 months lawsuit that the contractor filed against us when Robert Freund failed to appear at the recent Pretrial Hearing. The contractor had tried to collect the unpaid $3,800 of the $13,700 already paid for substandard work. But our 400+ pages of evidence were over whelming that it was not owed. However, we lost $1,800 in our hard costs to defend ourselves from this baseless lawsuit. We did win and receive $65 for repayment of our cost to respond to the lawsuit. This is really not justice because went spent hundreds of hours fighting the frivolous lawsuit ourselves but we were not compensated for our time by Arizona law. .

Our bad contractor is still using false advertising and failing to obtain required building permits. The scam continues with poor workmanship by Robert Freund duping the elderly homeowners. The ROC is allowing bad dues paying licensed contractors to continue to operate because that agency is totally run by contractor dues/fines and “does not bite the hand that feeds it.”  The Arizona homeowners need to be aware that state law favors contractor’s rights over homeowner’s rights. It is only a misdemeanor in Arizona to operate without a valid contractor’s license while in the majority of states it is a felony. Without strict laws and stringent law enforcement the Arizona homeowners will experience the continued increase of contractor crimes.

PORA HAS NOT REFEREED PKBB FOR YEARS
DUE TO EXCESSIVE POOR WORKMANSHIP COMPLAINTS. 


PKBB HAS NOT OBTAINED REQUIRED
BUILDING PERMITS FOR YEARS.





ROBERT FREUND'S POOR ROC RECORD






NEWSPAPER COVERAGE OF PROBLEM

GOVERNOR DUCEY'S EMAIL RESPONSE
DATED 05/28/2015