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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Published in: on May 22, 2012 at 3:12 pm  Comments (13)  
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13 CommentsLeave a comment

  1. […] What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000? […]

    • See
      Allegations filed against AZ HOA attorneys in sealed case

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

    • That’s May and August 2012.

  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. Wow! Should we buy in this area? What is the current status?

  4. […] What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000? TwitterShareTwitterLike this:LikeBe the first to like this post. Published […]

  5. Wow, thankyou for this. It is hard to believe these things happen in America. I will say a prayer for you.

  6. […] What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000? […]

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

  8. […] What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000? […]

  9. […] What happened to the AZ lawsuit against HOA attorney for aiding & abetting missing $650,000? […]

  10. 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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