News

Website lets homeowners track fraud investigation

By Jeff German
LAS VEGAS REVIEW-JOURNAL
Posted: Dec. 27, 2011 | 2:00 a.m.

The Justice Department has improved the lines of communication with angry Vistana homeowners demanding restitution from the defendants who have pleaded guilty in the massive scheme to take over valley homeowners associations.

The 10 cases filed in the sweeping investigation now appear on a Justice Department Web page for victims. People can click on each case and see the sentencing date for the defendant and gain access to the plea agreement. The page will be updated as new cases are filed.

"We're very pleased," said Bruce Wallace, president of the Vistana Homeowners Association board. "I think the website, itself, is useful. It helps all the homeowners keep track of the people they had to deal with while these crimes were being committed. It's reassuring to us that the Justice Department cares about the true victims of these people's actions."

Lynn Williams, the board's vice president, said the Web page will increase awareness among the 732 Vistana homeowners and maybe lead to more outrage over the actions of the defendants who victimized them.

"Now, more and more people will say, 'Damn, I didn't know that,' " said Williams, a former federal agent. "I know the system can work if you work at it."

Board member Tony Kneip added, "It gives us a glimmer of hope. We now have a way of knowing the inner workings of the federal government with regard to the investigation."

The board members said they were grateful for the work of the FBI and Las Vegas police in the complicated investigation.

But that hasn't stopped the homeowners from filing letters in the Vistana-linked cases, asking the federal judges presiding over the cases to consider ordering the defendants at sentencing to pay them restitution.

In the 10 plea deals that have been reached, Justice Department prosecutors have primarily sought restitution for banks and mortgage companies caught up in the scheme -- not the homeowners.

All 10 defendants who have pleaded guilty, including those tied to Vistana, have agreed to cooperate with prosecutors seeking to file charges against higher-level players in the investigation, which has targeted lawyers, judges and former police officers at a dozen homeowners associations. More plea deals are expected next month.

The scheme involved stacking homeowners association boards with members who pushed for construction defect lawsuits against builders, according to court documents and the cooperating witnesses.

The boards then steered legal and construction repair work to the chief co-conspirators in the scheme, construction defects lawyer Nancy Quon and former construction company owner Leon Benzer, according to court documents and the cooperating witnesses. Quon and Benzer have not been charged in the investigation.

The plea deals aren't binding on the judges who will sentence the defendants, and the Vistana homeowners are hoping that the judges will consider their letters in handing out punishment.

Justice Department lawyers spearheading the prosecution can seek restitution for the homeowners from the yet-to-be charged, higher-level co-conspirators.

According to Vistana board members, former members, community managers and others involved in the scheme squandered the association's share of a $19 million construction defects settlement won in 2007.

After lawyers fees and expenses were deducted, board members have said, the homeowners association got about $8.1 million to do repair work, the board members said. Most of that money went to Benzer's Silver Lining Construction Co. and its subcontractors, which did "very limited" repairs.

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  1. Sam.Judie Dec. 29, 2011 | 8:05 p.m. Report Abuse

    Home Owners, who are experienced about the ways of HOAs, understand that they work far less for Homeowners than they do for their Industry $$$ Vendors. As 'Privatized Governments', they are also in a position to put down dissent with fines, private constables, and whispering campaigns that selectively target opposition. Those who understand this 'issue' understand it clearly. Those who don’t, usually help the 'HOA Industry' profit from the extortion and abuse!Check Out our Newest Site: http://www.OccupyYourHOA.com or just remember: HOA1234 Dot Com !

  2. Bob_Realist Dec. 27, 2011 | 7:18 p.m. Report Abuse

    Is there a website to track the fraud of the federal DOJ? I am talking about the investigations they should be following as well as the investigations they are required to investigate but refuse to. Will anyone be held accountable for the lack of action and work (their job) on behalf of the taxpayer? Oh, that's right, the DOJ is responsible for investigating the DOJ. The taxpayer cannot ask for a refund for services not rendered. Who is in charge that would allow such blatant corruption?

  3. sage.sophos Dec. 27, 2011 | 1:27 p.m. Report Abuse

    After reading the comments session, it tells me what little some of you really know how the process works. By the way, we all get screwed one time or another including lawyers. What is wrong is the whole HOA system needs to be fixed more than anything else; but please not by those self-serving righteous politicians who are clueless.
    As far as lawyers are concerned, you won’t complain about them when you need them. It is just another profession for those who work hard to get there.

  4. samsmithson Dec. 27, 2011 | 12:10 p.m. Report Abuse

    http://www.justice.gov/criminal/vns/caseup/

  5. elveret.odamit Dec. 27, 2011 | 10:45 a.m. Report Abuse

    Justice Dept out to investigated all HOA`s in the U.S. they`re all crooks. we were told not to buy where there`s a HOA. shame on me!. still they`re all crooks ,all they`re looking for are hand outs.

  6. kansas guy living in vegas Dec. 27, 2011 | 9:55 a.m. Report Abuse

    I offer an invitation to have someone look into the Condo Association at Coral Palms NLV too. This has the be the most corrupt organization in Las Vegas. The owners have no say here and we must live under the DICTATORSHIP of Harry, Cliff and Rick. These must be three of the most corrupt people in the area. They have no ideal what it is like here as they have never lived here. They live in their safe little area of Vegas and let anyone in here. They can leave stuff or their patios. Stuff that I got wrote over once. Something that I did not have. They change the rules (to accommodate renters) so that they can have not only as many dogs as they want but any size and breed. Maybe some report for the RJ could look into this like the series of articles they ran on the Police Shootings.

  7. buster5555 Dec. 27, 2011 | 9:03 a.m. Report Abuse

    Is this a secret website just for Vistana homeowners?

  8. Fausto Dec. 27, 2011 | 8:17 a.m. Report Abuse

    "You really wonder how and where $19 million could have been found as a needed repair, let alone the 8.1 the received."

    I have the report/analysis and it's really quite full of humor. In truth, the role of the Construction Defect world (reconstruction contractors, attorneys, construction "advisors") is to scare an uneducated Board of Directors that litigation is in their best interests. Quon, as many CD attorneys, game was to file a lawsuit but make sure the case doesn't go to trial. Simply shake down the insurance for $$$.

  9. Joe Friday Dec. 27, 2011 | 7:46 a.m. Report Abuse

    Somehow I get the feeling that in the end the people at the head of all this such as Quon, Benzer, Kim, et. al. will never see the inside of a prison cell which is where they belong. They viewed HOA's as low-lying fruit for nothing more than plain old thievery.

  10. Tahoe.DI Dec. 27, 2011 | 6:48 a.m. Report Abuse

    In the end, the homeowners will get just a few cents on the dollar---the payouts, like typical, will go to the banks and other large entities....and the little guy gets, (again), nothing!

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