Tuesday, January 31, 2017

Fritz on steroids

From: John Sellers [mailto: jasellers123@gmail.com] 
Sent: Tuesday, January 31, 2017 2:27 PM
To: 'Tully, Stephen W.' <STully@hinshawlaw.com>
Subject: RE: John Kemper Subpoena

Mr. Tully
No confusion at all as I take it that this also constitutes a refusal of waiver of service by Mr. Rakusin. And yes, today’s date is indeed the 31st of January
With regards to our conversation on “defamation”, and so our memories do not dim:
  1. As I heard it, you had not yet read my email when we spoke but saw fit to reference “criminal enterprises”. I would suggest you consult a good criminal attorney to learn the nuances of that
  2. If you would like some expert witnesses on Enron, I can provide quite a few. As any lawsuit might involve me, I guess I would be wasting my time applying (???).
  3. I misspelt the name of the blog. Our correspondence is there at www.arizonahoa.blogspot.com
  4. Please check it out and use your efforts to mitigate any damages you feel might be appropriate. If you feel anything is truly defamatory, I would certainly want to know to correct it
  5. As to the “issues” you said I might have, I am under a bit of stress at the moment. We have a new puppy arriving on Thursday and our current attack dog is playing up a little bit. I think he knows somethings up
  6. Other “issues” I suppose could include ensuring that FirstService, with its banks, is complying with the Patriot Act, not running a shadow banking business, properly protecting ACH direct debit authorities from ISIS incursion, and it is not functioning as general partner via “substantive consolidation in bankruptcy” with the HOA’s it “manages”
  7. Please also confirm that FirstService did indeed receive the required 90-day minimum notice of a potential derivative suit which was faxed to Mr. Kemper
Please also let me know how much the witness fee of $12/day plus transport comes to for Mr. Kemper.
John Sellers
From: Tully, Stephen W. [mailto:STully@hinshawlaw.com]
Sent: Tuesday, January 31, 2017 2:03 PM
To: John Sellers (jasellers123@gmail.com) <jasellers123@gmail.com>
Subject: John Kemper Subpoena
Mr. Sellers, 
I have been authorized by Mr. Kemper to accept the service of your subpoena on his behalf.  I am not authorized to accept the subpoena of Mr. Rakusin.  So there is no confusion. The  date of the acceptance would be today January 31, 2017.  Please confirm your agreement.
Stephen W. Tully
Hinshaw & Culbertson LLP
From: John Sellers [mailto:jasellers123@gmail.com]
Sent: Tuesday, January 31, 2017 10:54 AM
To: STully@hinshawlaw.com
Cc: See below
Subject: Is First Service hiding out on the RESERVATION?

Mr. Tully
You have not returned my phone call of last night to see if you would agree a waiver of service on Mr. Kemper of First Service for an OAH Hearing. See attached. I would like to ask you one more time before we serve him at home. This we obviously prefer not to do. To avoid that, see our earlier fax confirmation of Jan 16, 2017 sent to Mr. Kemper & FirstService in-house risk management in Laguna Beach over 10 days ago requesting a waiver. No response was received. 
As you correctly point out in your letter attached, SRP is an independent sovereign nation, a deservedly proud one, and I certainly understand their need for that respect. Even though you may be TECHNICALLY within your rights, you are clearly using that to make service as Statutory Agent quite difficult. It's an appalling commercial decision.
As an international banker with considerable experience in cross border flows, I'm shocked at the ramifications of your actions. Not all of which will be obvious at first blush. I'm sure I've missed a few.
  1. FirstService manage 255 HOA's in the Phoenix/Scottsdale area. See attached. Mr. Kemper is statutory agent for all of those and they are reimbursed for that under their Management Agreement
  2. Is First Service seriously trying to use independent nation status to prevent legitimate service on all those HOA's?
  3. Is that the reason they're there?
  4. FirstService is a totally unlicensed firm. Yet we estimate they manage $100million HOA cash in Arizona alone. As much as $3billion nationally which dwarfs their own extremely modest cash
  5. See my analysis of them by clicking IS FIRST SERVICE REALLY A BANK?
  6. They have a negative tangible net worth with a lot of secured debt. They look like Enron on steroids and I have personal experience of that
  7. What happens if they "disappear"?
  8. Would Homeowners be allowed to cross over Pima Rd to collect records and bank details?
  9. How would the AG's Office investigate fraud which is rampant in HOA's

CAB (now Mutual of Omaha Bank) has a branch I believe on the reservation. They just emailed me two days ago bragging they have now amassed over $4billion of HOA deposits from their own recent publicity. That's 75% of all their deposits I think
See our LETTER YESTERDAY TO GOVERNOR DUCEY where they talk about this
  1. What happens if they run into trouble and need the odd $1billion as happened to then in 2008.?

Our HOA at Vintage is still trying to recover $430,000 of cash from FirstService held at US Bank after they abruptly resigned some months ago after refusing to answer some simple banking questions. I would have no problem if that money were in the tribes hands. But it's in the hands of a private company on the reservation. FirstService is functioning as a shadow bank
  1. Could that money be safer in Panama or some other offshore bank Centre?
  2. Can you run a money management business on tribal lands?
  3. Under whose ambit would a bank operating in a sovereign nation be regulated?
  4. Would they be still subject to the Patriot Act?

I could go on but won't because, as much experience as I have in these matters with tax, exchange controls, I know there are ramifications I've missed
Kindly respond so we might avoid disturbing Mr Kemper at home

John Sellers
6231 East Mark Way, Unit 12
Cave Creek
Arizona 85331
Tel: 928 310 8220

Salt River Pima-Maricopa Indian Community
Sondra Acedo                    Court Administrator                                        Sondra.Acedo@srpmic-nsn.gov
Kierstin Anderson            Managing Attorney                                         Kierstin.Anderson@srpmic-nsn.gov        
Kent Andrews                   Assistant Community Manager                   Kent.Andrews@srpmic-nsn.gov
David Antone                    Tribal Council Member                                  David.Antone@srpmic-nsn.gov
Carla Banuelos                  Assistant Community Manager                   Carla.Banuelos@srpmic-nsn.gov              
Michael Dallas                   Tribal Council Member                                  Michael.Dallas@srpmic-nsn.gov
Brian Garza                         Assistant Court Administrator                     Brian.Garza@srpmic-nsn.gov    
Martin Harvier                   Vice President                                                   Martin.Harvier@srpmic-nsn.gov
Jenelle Howard                 Tribal Council Members                                Jenelle.Howard@srpmic-nsn.gov             
Lena Jackson                      Assistant Community Manager                   Lena.Jackson@srpmic-nsn.gov  
Archie Kashoya                 Tribal Council Member                                  Archie.Kashoya@srpmic-nsn.gov             
Thomas Largo                    Tribal Council Members                                Thomas.Largo@srpmic-nsn.gov
Ricardo Leonard               Tribal Council Member                                  Ricardo.Leonard@srpmic-nsn.gov           
Bryan Meyers                    Community Manager                                      Bryan.Meyers@srpmic-nsn.gov
Delbert Ray                         President                                                             Delbert.Ray@srpmic-nsn.gov    
Deanna Scabby                 Tribal Council Member                                  Deanna.Scabby@srpmic-nsn.gov             
Michael Shiel                     General Counsel                                               Michael.Shiel@srpmic-nsn.gov 
Lynelle Trujillo                   Court Executive Secretary                            Lynelle.Trujillo@srpmic-nsn.gov
Governors Office
Mike Laburdi                      Chief Counsel                                                    Governor Duceys Office
Governor's Office of Tribal Relations
Kristine FireThunder       Executive Director
Judith Lowe                        Commissioner
Louis Dettore                     Assistant Commissioner
Attorney Generals Office
Mark Brnovich                   Attorney General
City of Scottsdale
Brian Biesemeyer            Town Manager                                                  bbiesemeyer@scottsdaleaz.gov
Suzanne Klapp                   ViceMayor                                                          sklapp@scottsdaleaz.gov            
Virginia Korte                    Councilman                                                        vkorte@scottsdaleaz.gov            
Jim Lane                               Mayor                                                                   jlane@scottsdaleaz.gov
Kathy Littlefield                 Councilman                                                        klittlefield@scottsdaleaz.gov     
Linda Milhaven                 Councilman                                                        lmilhaven@scottsdaleaz.gov     
Guy Phillips                         Councilman                                                        gphillips@scottsdaleaz.gov         
David Smith                        Councilman                                                        dnsmith@scottsdaleaz.gov        
Brent Stockwell                 Town Manager                                                  bstockwell@scottsdaleaz.gov    
Bruce Washburn              Attorney                                                              bwashburn@scottsdaleaz.gov  
Michael Wright                 Attorney                                                              mwright@shermanhoward.com
From: Hoffmann, Trish [mailto:THoffmann@hinshawlaw.com]
Sent: Monday, January 30, 2017 4:13 PM
To: jasellers123@gmail.com
Cc: Tully, Stephen W. <STully@hinshawlaw.com>
Subject: Subpoena of John Kemper

Attached is a letter of today's date from Stephen Tully.  Please contact Mr. Tully at the direct dial number in the letter or at the email address above if you have any questions.

Trish Hoffmann
Hinshaw & Culbertson LLP
2375 East Camelback Road, Suite 750, Phoenix, AZ, 85016
Tel: 602-383-6006 | Fax: 602-631-4404
THoffmann@hinshawlaw.com | hinshawlaw.com

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