What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000?

In 2009, homeowners in DC Lot Owners Association obtained a court appointed Receiver to find out what happened to some $650,000 in missing HOA funds. CAI members, and CCAL members, Maxwell & Morgan were the HOA attorneys.  (See Arizona Capitol Times Oct. 7, 2009 article, Casa Grande HOA stripped of powers over accusations of theft and fraud).

In 2010, the Receiver then filed suit against Maxwell & Morgan and Charles Maxwell, personally — DC Lot Owners Assn v. Maxwell & Morgan, CV 2010-004684 — charging aiding & abetting, disgorgement, and breach of ethical duties among other charges.  As of this date, some 18 months after filing the complaint, the Pinal County, Arizona Superior Court shows no record of the case number, or of a complaint being filed naming DC Lot or Maxwell & Morgan as parties.  There is no record of a minute entry order to seal the court records, leaving the public totally ignorant of this important case involving HOA attorneys.

After some persistence, it was determined from a call to the Pinal County Clerk’s Office that the case was indeed sealed, no date given.  Why is the public being shut out?  Who ordered the sealing of the records?  The Judge?  Or was it pressure from the national HOA lobbying organization to squelch bad publicity about one of its self-declared, honored CCAL attorneys?  There is no legitimate reason for sealing the records of this case.  What happened to the $650,000?  Who is responsible for the loss?  The public has a right to know!

I am pursuing the matter seeking the help of media organizations to unseal the records.

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"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

16 thoughts on “What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000?”

  1. I think that Maxwell and Morgan are in dealings with Shaun Babue the Justice of Peace for 7th district in Pinal County. That is a really good spot to start looking into. This judge did not require Maxwell and Morgan to prove any documentation when they represented the San Tan Heights HOA in the lawsuit against myself personally. I would like to see this Law firm hung out to be made an example of, for the public to see how corrupt they are along with the elected officials in Pinal County.

    1. See
      Allegations filed against AZ HOA attorneys in sealed case

      If the watchdogs of the judiciary fail, it follows that the government also fails

  2. It appears that the Trustees feel that this lawfirm was a possible conspirator in this racketeering scam?? Why hasn’t the state bar done anything about this.

  3. This is definitely unacceptable. I appreciate your continued investigation into this matter and hope you find some answers!

  4. Thank you for all your work! I would also love to know what is being done with this case. I’ll be following the blog for any new findings!

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