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FBI investigates corruption case

Source: Collusion between HOAs, firms probed




Federal and local law enforcement officers raided nine sites around the valley on Wednesday in a sweeping probe into possible collusion between homeowners associations and businesses benefitting from construction defect lawsuits.

The raids are part of a "pending public corruption case," according to Federal Bureau of Investigation spokesman Dave Staretz, who refused to release details. He said no arrests were made.


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  • According to a law enforcement source, the FBI is investigating whether individuals were placed on homeowners association boards who, in turn, would direct business stemming from construction defect lawsuits to select companies.

    At issue, according to the source, is whether HOA members were steering contracts to certain construction companies.

    Other sources said there has long been speculation that some HOA representatives were hiring certain law firms to handle construction defect lawsuits in exchange for kickbacks.

    State Sen. Mike Schneider, D-Las Vegas, a lawmaker who has been involved in homeowners association issues before the Legislature, said the speculation involved management companies steering construction defect business to law firms in exchange for kickbacks.

    One of the companies raided Wednesday by FBI agents and Las Vegas police was a business in an industrial area near the Palms owned by Leon Benzer, who is involved in a variety of businesses.

    The company, Benzer's, at 4246 Bertsos Drive, near Flamingo Road and Arville Street, was described by a woman who worked in a nearby business as a banquet hall that opened six months ago.

    She said she's "never seen a banquet there," however.

    Records show Benzer is attempting to acquire a liquor license from the county and a license for a banquet facility.

    He also operates a nonprofit autism foundation out of that location, state records show, though officials in the autism community had never heard of it.

    Benzer owns another company, Silver Lining Construction, which also lists the Bertsos address and which has ties to the Rhodes Ranch development of Vistana -- a development that recently won a $19 million settlement to repair construction defects.

    Political consultant Steve Wark served as president on the Vistana Homeowners Association as the company fought Rhodes over faulty plumbing and other problems.

    "Our problem, as a homeowners association, was that Rhodes would not repair the units ... and would not address the problem," Wark said. "And so the association was out a tremendous amount of money addressing those problems."

    Wark said he has known Benzer for about 10 years and disclosed their relationship before he ran for president of the association.

    Before Wark came on the board, Benzer had come to the homeowners association offering that his company would front the cost of those repairs, Wark said.

    In turn, the association would grant Benzer's company the right of first refusal for the low bid when the association won a settlement, Wark said. In other words, Benzer would get the first shot at repairing the property.

    The association and Benzer entered into the agreement and both parties honored it, Wark said.

    "I was very conscientious when I was president to make sure that absolutely everything was above board," Wark said. "I know Leon as a good, hard businessman, (and) very, very generous. I thought that it was a heck of a risk-taking by taking an agreement with an HOA to take care of repairs knowing that the HOA couldn't pay them for those repairs (right away)."

    Benzer could not be reached for comment late Wednesday.

    Wark, who left the board eight months ago, said he doesn't know whether his association has become entangled in the investigation.

    He said he hasn't been in contact with anybody in law enforcement.

    "My problem is that I have absolutely no idea what's going on, and nobody's talking to me," he said.

    He said he met Benzer while campaigning for former governor Kenny Guinn and described him as "a good, solid individual."

    "The reputation that he has with me is that when he sees an injustice, he gets very angry about it," Wark said.

    According to a source in Benzer's neighborhood in Anthem Country Club, a gated community with homes worth upward of $1 million, Benzer's home was raided early Wednesday morning.

    One of the other companies raided Wednesday was a large homeowners association management company, Platinum Community Services.

    The company manages roughly 150 community associations around the valley, including high-end communities in Summerlin and high-rises on the Strip.

    As plainclothes agents and detectives walked in and out of the business, in an office at 3360 W. Sahara Ave., near Valley View Boulevard, attorney Blaine Beckstead said the company had "nothing to hide."

    "I don't believe they're looking into anything we've done," he said.

    Beckstead said the search warrant requested records for two of the homeowners associations the company manages. Beckstead said the search warrant did not name the company or a company employee.

    He would not reveal the names of the two associations or which neighborhoods they represent.

    Review-Journal writers David Kihara, Molly Ball, Antonio Planas, Adrienne Packer, Hubble Smith, Annette Wells, John L. Smith, Jane Ann Morrison and Sean Whaley contributed to this report. Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440.

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    Report abuse

    patricia proud wrote on July 16, 2009 01:05 PM: After 3 years of collecting documentary admissable evidence and incorporating two expert witnesses I have filed criminal charges with the FBI against five association members and their employee. Allegations include fraud, fraud against the elderly, mail fraud and collusion. It is my opinion that the Ombudsman's office and state officials are a waste of time. They have too much to lose if the HOA sham is exposed. I would like to encourage more homeowners who have been victimized to take their complaints to the federal government.


    Report abuse

    Homeowner wrote on November 23, 2008 07:50 PM: Mr. Bell: You have described an open and shut case of a law violation by your board of directors and your community manager. Your Board is flagrantly violating NRS 116.31083.5 that says:

    "5. The agenda of the meeting of the executive board must comply with the provisions of subsection 4 of NRS 116.3108. The period required to be devoted to comments by the units' owners and discussion of those comments must be scheduled for the beginning of each meeting."

    You should write a formal letter to the board (send it Certified/return receipt) to notify them they must comply with the statute or you will be forced to submit a formal complaint to the Nevada Real Estate Division showing their illegal procedure.

    In the meantime, if you call or visit the NV Real Estate Division Ombudsman Office they might notify your board by phone of their legal requirement to place the member comment period at the beginning of the scheduled board meetings.

    By the way, NV places statutes online for public convenience, and you can use your browser to quickly find key words in the laws. Chapter 116 of Nevada Revised Statutes (NRS 116) and Chapter 116 of Nevada Administrative Code (NAC 116) is where you find the HOA laws.

    Do a Google search or use these links--
    www.leg.state.nv.us/NRS/NRS-116.html and www.leg.state.nv.us/nac/NAC-116.html

    For filing complaints about your board misconduct use NV Form 530:
    www.red.state.nv.us/forms/530.pdf


    Report abuse

    Disgusted with HOA System wrote on November 23, 2008 05:49 PM: Jay Bell: You have discovered why so many of us are accusing the Real Estate Division and CAI of corruption and abuse. The HOA system is a MESS!

    Nevada Statutes are not intended to permit the gross abuse of homeowners that exist in most associations. But, the HOA lawyers, the CAI (look it up on the web) and the Nevada Real Estate Division conspire with the developers and HOA contractors to totally dominate the homeowners. Divided we fail, and we have no one we can trust.

    Results? No free speech, no due process and truly rare examples of justice. What can be done about it? To start with, we have to get mad as hell and resolve to not tolerate it any more! It is time for the residents of Dodge City to throw out the outlaws and take back their town, if you remember your old West history?

    But, with 3,000 HOAs and 500,000 HOA residents in NV, it is really hard to get organized and get something done. The control freaks and greedy lawyers have done a good job of setting up road blocks against individuals like Mr. Bell.

    Politicians from both parties will give you lip service and propose laws. But, no one will truly enforce the laws--with one exception being Senator Mike Schneider. But, so many politicians were defeated in this year's elections I wonder if maybe some got a message that they have to pay more attention to what the people really need/want--instead of just political jabs?

    So what can be done? Anybody know a strong leader who can be our champion? Someone mentioned Attorney Bob Massi last year, but he seems to be AWOL. Who else is there?


    Report abuse

    Jay Bell wrote on November 18, 2008 02:22 PM: Can anyone tell me if all HOA's are following the practice that mine is. My HOA does not allow anyone to speak, ask questions or provide any input to the meeting. They say they were elected to make all decisions for all home owners. When I tried to speak I was told to be quiet, that there would be a discussion period at the end of the meeting after they had made all of the decisions. Does this not go against Article #1 of the Constitution? Please tell me if I am wrong as I have very little experience with HOA's. Jay


    Report abuse

    Popeye wrote on October 18, 2008 06:46 PM: Well, Well. It's about time. Some of the smaller HOA's have now been found to be crooked as a pretzel, so when do they get around to the really BIG stuff? You know, how about an HOA with 7000 plus homes and millions of dollars in revenue for example. You know the old saying – Follow the MONEY.

    Scammers and hammers will flock to that much money like flies to an out house. That much money is irresistible to the lawyers who play both sides of the fence (developer AND Hoa’s). Especially when you consider that a developer not only controls the HOA from its inception until the development is 75% complete, but he can ALSO control the accounting and record keeping during that period.

    If a developer want’s to “get out of Dodge” without fully funding the reserves, what’s the best way to accomplish that? Easy – no audit, and no reserve study. Can’t be done you say? Don’t bet on it. Its all ready happened and the Nevada Real Estate Division was fully aware of it.

    And you thought the laws were written for everyone!


    Report abuse

    Senior Citizen wrote on October 10, 2008 10:37 PM: I didn't learn very much about the Cabo trip and would like to know more. Did I miss some information in the RJ? I would really like to thank them for their articles but I believe what they have reported is the tip of the iceberg. About Cabo, who paid for the trip and who went? Any information would be welcome. Thanks


    Report abuse

    homeowner wrote on October 10, 2008 12:30 PM: The question is: WHO could/would investigate the Real Estate Division for all of its apparent corruption?

    1. The Attorney General? Not likely. The AJ is there to protect the Division against citizen complaints, and it avoids HOA matters in all cases.

    2. The Governor? No chance--that would be bad politics for his party.

    3. The Legislature? No chance--with one or two exceptions. The money for re-elections from developers, construction companies, HOA attorneys and real estate companies dominate the policies and laws.

    3. FBI? Not likely--unless political pressure to pursue RICO elements was involved, and unless more FBI staffing was provided.

    4. US Attorney for Nevada? Maybe--if the State was clearly powerless to clean up its own mess.

    We must remember that 500,000 NV citizens live in 3,000 HOAs. That is a big impact on tens of thousands of ELDERS! Maybe someone's elderly parents are getting screwed by the Division's misconduct (and worse) and someone in high authority will finally say "enough"!


    Report abuse

    troutcatcher wrote on September 27, 2008 09:21 PM: NRED v. Wild, Diane

    December 17, 2006

    Case Number S05-05-15-380

    21 factual allegations, unanimous decision

    She was convicted on all 21.

    This is a name that keeps coming up. She must be a defense attorney's dream.

    WHY DOES THE REAL ESTATE DIVISION ALLOW HER TO CONTINUE AS A LICENSED COMMUNITY MANAGER?

    Anyone game for an investigation of the Nevada Real Estate Division? They are either enablers or incompetent.

    Does anyone know how many current complaints against her are being investigated?



    Report abuse

    Former Manager wrote on September 27, 2008 09:43 AM: A direct quote from Friday's RJ article

    "At one point, the law firm treated Castle Management owner Diane Wild on a trip to Mexico, the source said.

    Wild did not return calls seeking comment."

    There were other managers not mentioned that were also on that trip. Nancy Quon's law firm & Draeger weren't the only one paying for the trip. Nor are all of the kickbacks coming from GCs and Attorneys, but no one does it as badly and I don't believe others buy condos and get people elected to the board.

    To name a few: Feinberg Grant (Attorneys) and NAS were also a part of the Cabo trip. NAS is a company who liens homes for non-payment of HOA assessments and handles foreclosures.


    Report abuse

    Former HOA Manager wrote on September 27, 2008 09:28 AM: The information about Castle Management being raided was mentioned in Thursdays article in the RJ or on the Channel 8 website.

    Castle Management, and it's owner, Diane Wild are always being brough before the Ombudsman and the commission for illegal acts.


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