Friday, November 25, 2016

Required Reading for the President Elect

Dear President Elect:

Congratulations on your success in the election. As you have seen and can bear witness, the tools of Democracy that built the United States of America into the already great country it is... these tools DO still work as they were designed to work. We hope you understand that any further invective regarding Democracy being "rigged" will absolutely not be tolerated;  your words were insulting to the service men and women who have shown, through their actions, that they believe in U.S. Democracy. We hope your actions will demonstrate respect and honor for their service.

The architects of the documents known as the Constitution thought this "Developing the Future of a Continent" thing through pretty darn well.  The Electoral College is a facet that they specifically engineered within these documents to distribute weight of voting power more evenly among rural and urbanized states.  That the American people, as a whole, demonstrated the power of the Electoral College this election cycle is indeed momentous.

In fact, this is why I write today.  Because your understanding of ecosystems will be key to your success -- or failure -- as a President.   

Ecosystems are entities that provide life, nourishment, and sustenance to multiple generations of inhabitants.  Indeed, there is no human power and there are no human efforts that can match the efficiency inherent in a natural ecosystem.  Many Americans consider sustenance-producing ecosystems to be a gift from God. Others simply respect the fact that ecosystems have been producing sustenance for humans for thousands of years, allowing certain individuals to thrive under certain conditions.  What those conditions are, exactly, only the architect in nature understands.  The constant is the gentle reminder that operations within and among those individuals in an ecosystem are very delicate and easily damaged by recklessness.  Do you understand that recklessness creates damage, Mr. President Elect?  

Now let's talk about your Proposed Contract. There are some great ideas in here, and there are some ideas that need work. It isn't that bad for a first draft, and you definitely deserve a +5 for creativity.  Before getting too carried away, however, it seems there are a few history lessons you may have forgotten. Lessons, specifically, regarding the legacy of our Public Lands.

Reading Requirement:  Brush up on History.  


Your new job comes with a temporary stay at the White House, and you will have the opportunity to listen to and implement some ideas from an often-ignored and frequently unheard slice of America. As such, your first assignment from them is to read this collection of essays.  Numerous authors and numerous citations to important historical events transcribed to National Archives are documented within in this book, From Conquest to Conservation: Our Public Lands Legacy

It is a non-political, facts-heavy book with some additional narratives from individuals who've lived in and cared for land and people and creatures on the fringes of modern society.  Our Public Lands are areas that your Presidential predecessors and the American people as a whole have chosen to preserve for very specific reasons: Economic reasons that have nothing to do with money. Ecological reasons that have everything to do with clean water, breatheable air, healthy fish, and abundant wildlife.  Logical reasons that that nobody with a real estate license will ever be privileged enough to  know.  Spiritual reasons, for nature as a healing power.  Legacy reasons only future generations will be able comprehend and understand.
 
The vast majority of people who voted for you are people who hail from the antithesis of NYC. They are a very different kind of person from what you are used to wheeling and dealing for the latest gold-plated tower in the latest trendy big city.  They are also very different from the kind of penthouse-renting person you typically cater to.  Surely you will need to familiarize yourself with the kind of person who just doesn't understand extravagance.  This book will allow you to do so... it presents Rural Americans' opinions from both sides of the aisle, and it outlines in very clear and certain terms things that you must understand if you are to be a successful President.

People who value the heritage of the land do not value exploitation of land.  They care about economics and "jobs", but not the the point it infringes on their way of life.  They care about building new and better structures and infrastructure, but not the the point it will infringe on the way of life for their children or grandchildren.   This seems almost counter-intuitive but it simply means that it does NOT involve breaking out the bulldozers and cranes without FIRST taking some serious environmental assessments.    

First and foremost you must understand:  Residents and respecters of rural America do not want swaths of pop-up housing "For Rent".  They build it, they own it.  The development that will take place in these fringes of America must be done without greedy Realtor companies involved at all.  This will surely upset a great deal of your fellow politicians whose going-concern is tied up in bribes they've taken from the Realtors... but do not be swayed by their delusions.  The truth is that Rural America despises lobbyists.  They despise anybody out to exploit the equity of their land. Since you, Mr. President Elect, are someone whose entire personal wealth has come from exploiting people, we don't expect you to understand.  So here's the explanation:

"Exploitation" has taken and can take many forms: over-plundering natural resources, like coal (leaving residents susceptible to environmental disasters like landslides), toxic waste, illegal dumping, destroying the water table, and more.  

Development does not have to be destructive.  There are ways to plan for development and to implement those plans in a way that optimizes the right balance of economical and ecological objectives.  

As a final friendly warning, please do not be hoodwinked into thinking that the voice of Rural America comes from people like the Ammon Bundy Occupants. That mutation of delusional individuals is a group of terrorists who do not represent the heart or soul of Rural America; quite the opposite, in fact.  When the land dictates, through climate and vegetation, that it is not conducive to grazing cows, respecters of the ecosystem do not graze cows.  Nor they do not throw tantrums and wield guns on property consecrated for preservation of ecosystems when land doesn't happen to be conducive to grazing cows.

Land stewardship is frequently about simply leaving places alone, refusing to put a price tag on the cost of disrupting that land for human use when other species can make better use of the land than humans can.   Because our sustenance as humans will always be tied up with the sustenance of other species.  

There is a documentary called A River Between Us that everybody, including you, should watch in order to understand some of the things that are at stake here.   The people who were on this continent before the ships with white ancestors sailed... they have many more generations of observation and wisdom to share regarding these ecosystems that we all must share... Many of us have already conceded to their greater wisdom, and to their understanding of the interconnectedness of water and sky and land to sustain us.  It's not about sacrificing one for the other; it's about practicing restraint with respect.

I'll leave you with these final thoughts.

“Here is your country. Cherish these natural wonders, cherish the natural resources, cherish the history and romance as a sacred heritage, for your children and your children's children. Do not let selfish men or greedy interests skin your country of its beauty, its riches or its romance.” ― Theodore Roosevelt





Sunday, April 3, 2016

Exposing Fraud at a California POA

This letter was sent to the CA State Board of Equalization

Dear Board:

Please open an investigation into an entity known as Association Management Services and its registered agent, Nicholas Mitchell. I've gathered some evidence that points to an overwhelmingly obvious situation of tax fraud, embezzlement, and misappropriation of funds happening at a POA I accidentally became a member of when buying a lot from a county tax sale.

Background: When I bought a small parcel in a way-out-in-the-boonies place in 2014, I paid all the back/overdue taxes on it to Siskiyou County and was thus deeded title to the land. However. Shortly thereafter, I suddenly found myself assaulted with demands for POA payments (POA fees going back to 2013) from an entity known as "Association Management Services", operating from PO Box 307 in Weed, CA.

Aside from the fact I didn't know that by buying land I'd be bullied into paying some company annual dues and fees on the land I already have legal title to (Siskiyou County did not disclose this information to me when I purchased the lot), something just seemed off about the original invoice he sent me in 2014.  A $50 "transfer fee" tacked on...  POA fees being racked up before title is even legally transferred... other weirdness.

A small bit of research, and I discover something odd... this "company" demanding payment is actually just one person: one person named Nicholas Mitchell. I was not able to determine the legal organization of his business entity “Association Management Services,” in order to determine how to file complaints for invoicing mistakes; but my research did uncover many interesting things. Things that, when taken all together, point to not only misappropriation of funds, but also almost certainly, mail fraud and tax fraud.

Nicholas Mitchell is the Registered Agent of Association Management Services … however, he's also the registered agent of MSPOA, Inc. (source), and at LEAST two other HOAs.


This seems like a lot of HOAs and POAs to "manage," doesn't it? Mt. Shasta Vista alone describes itself as: "Some 1,640 far flung, mostly juniper and sage parcels averaging 2.5 acres each." So if we look at MSVPOA and Siskiyou Highlands Property Owners Association and Timberline Court Homeowners Association, there's something that doesn't sit quite right in terms of magnitude and ability to manage when you're just one person. My intuitive hackles detected a probable pattern of abuse and fraud at a rather large scale.... I bet his Realtor(TM) buddies are involved somehow...

143 Main Street vs PO Box 307 Weed, CA 96094

Mitchell is clearly trying to be a "smart" criminal. He's registered various business entities (listed below) to cover his tracks; some show up as a physical address and some show up as the PO Box.  All of them seem to operate – in one way or another -- out of a real estate agency. So let's look at all of these businesses in the context that he "manages" them, such that they can feed each other, maximizing his ability to embezzle ... "cooking the books" to minimize actual expense while maximizing reported expense.

NOTE: website URLs can be accessed on my website link @ end of letter.

(1)  "Mount Shasta Vista Property Owners Association"
File Number:    C0495803

(2) "Siskiyou Lake Highlands" POA, Inc.
File Number:      C1848778   

(3)  "Timberline Court Homeowners Association"
File Number:    C1930623

(4) "Elite Real Estate Group" Specializes in creating foreclosures, marketing foreclosures, collecting fees on foreclosed parcels/properties when they are resold or rented.  This company stands to benefit immensely if Mitchell's proposal to enact aggressive "foreclose" on POA fees in arrears gets passed.   (we're not going to link to this website from here, but it is "Get My Home Now . com" (without spaces))

(5) "Association Management Services"   The shadiest of them all in terms of legal entity, this appears to be Nicholas Mitchell's personal consulting business, how he collects his "salary" from MSVPOA?   

(6)  "Rental Management Services"  source    2 employees, eh?

(7) "Alpine Association Management"  (source (8) The "Wooly Sheep Inc" (source #1, source #2)  Not sure what this is... but if it's attached to PO Box 307, it is a definite IRS flag.

(9) "Siskiyou Lake Highlands Mutual Water Co" (source #1, source #2).

(10)  "Siskiyou Lake Highlands Property Owners Association" (source).

Yes. That's 10.

As I am sure your office is aware: "Post Office Expenses" are such a common tax deduction for businesses that most auditors wouldn't think twice about them being legitimate. However, given this setup, it's clear that there is only one P.O. Box funnelling numerous legal entities. One address for rent and lease expenses, too… are each of these POAs responsible for 1/10th of the agency's ACTUAL expense, or are all of the POA members being told theirs is the only “Association” being managed, and thus requiring full bill being footed by each of them?

Many times have I requested the financial statements of the POA I paid dues to to check the numbers myself; however at this point, Nick Mitchell is completely ignoring my communications.  

(As a heads up, I have been quite vocal in my discoveries (posting them on by blog) during my numerous attempts to get my concerns resolved… so I am slightly worried this might have given Nick Mitchell and his Realtor buddies time to destroy evidence, shuffle funds, fabricate receipts, etc. I am writing your office as a last resort).

In any case, it's clear that he is mixing up all these legal entities in one PO Box, that means there should be just exactly one PO Box bill being paid to our most wonderful United States Postal Service.  This also means that whatever "Postal Expense" is recorded on the legal books of each of these 10 entities (some of which are supposed non-profits) is indeed NOT TRACEABLE and is thus being FALSIFIED in records to the cities, states, and federal government --- to both the public and to members. Fraud indeed. Little markers that point to putrid, rotten corruption.

I am also concerned with his role in spreading misinformation regarding his inability to be “fired” when communicating with property owners.  

According to what they are touting to members Nick Mitchell has "bulletproof" job security… (NOTE: this information is not deemed factual; it is simply information MSPOA, Inc. wants parcel owners to believe; it is available on  here the ~33rd paragraph.) :
If we ever folded, the Association would not only face the ignominy of having failed to work together to preserve over 1500 parcel owners’ common interests, but have insult added to injury by paying some disinterested professional — often a bill-by-the-hour attorney, bankruptcy trustee or accountant — to take over current volunteer board decisions that could leave members voiceless in home front matters now taken for granted. All in addition to the salary already paid our professional manager, who’d stay on.
This is so wrong it should be criminal... the association folds, but he gets to keep his salary AND gets to decide which one of his Real Estate buddies will "profit" from the association folding? Or even  threatening to fold, as the case may be?

Is it coincidence that the REALTOR agency he works at specializes in the footwork needed to start foreclosing properties? There are plenty of people out there who make a buck on threats alone. How often does your office audit real estate companies that do this kind of terrible thing?

Clearly Nick Mitchell the "consultant" is abusing whatever power of attorney he has, using FUD to promote his and his cronies' highly unethical agenda which includes:   
  • Imposing (what may be illegal) transfer fees that benefit no one but him and his companies, personally
  • Accelerating the pace at which properties can be "foreclosed" upon for lack of paying these fees (which appear to start accumulating before a parcel owner even has legal title)... snowballing them before a parcel owner even has a chance to be aware they exist.
  • Aggressively adding collection costs to a parcel owner's invoice at random intervals -- possibly dependent upon how much vengeance he has toward an individual entity.  He clearly does not like me and all my questions.
  • Deliberately denying parcel owners a neutral channel of grievance for his (and his company's) invoicing mistakes or intentional inflations. 
  • Continually refusing to provide clear and open book accounting to the parcel owners regarding use of their fees and funds.
  • Probable mail fraud and tax fraud.
  • Misrepresenting real estate expenses across multiple legal entities (only a gut feeling since I've been unable to audit the financial statements myself)
As a final note, regarding my latest invoice from Nick Mitchell's "Association Management Services"... I moved in October of last year, and paid for mail forwarding.  However, I never received these invoices they are claiming I was sent. I am certain they were not sent.

Last year at the members' meeting, the manager had a "brilliant idea” to help the association.. that plan is to start aggressively "foreclosing" on parcels, adding a weekly fee to parcel owners who have overdue invoices.  Absolutely disgusting. 

Real estate agents are by far the most sleazy, maleficence-intentioned people in existence. There seems to be no despicable thing they won't do to extort a few thousand dollars here and a few more there... it adds up so quickly. In my observation, REALTORS and their agents are by far the most deliberately tax-evading “professionals”, continually abusing the spirit of the law.  It is criminal what they do, gleefully marking up their "services" beyond what is fair and reasonable, forcing people to take out bigger loans to give them lump sum payments. 

Yet somehow, some way, they continually manage to pervert the system... over and over and over again.  This is wrong. I'm petitioning for MAXIMUM JAIL TIME for Nicholas Mitchell and for each and every individual who conspiring as part of his criminal scheme to defraud landowners. 
  


Sincerely,
L.S. Cook, MBA




Note:  Comments on this story disabled.  To participate in the discussion or to learn how to take action as a citizen taxpayer, POA, or litigant in a class action suit, please see:  https://groups.google.com/d/forum/mt-shasta-vista  which is where we're collecting facts, research and sources.  If you know of other POAs implementing similar schemes, please follow a similar path:  gather evidence, find others victimized in the similar way and report the facts when you contact the Attorney General or the tax fraud reporting entity of your state.

  Never did like any phone.  But I always trusted $Alphabet-C (GOOG.US)$ to keep the Internet alive on so-called "smart" phones. ...