ILLEGAL FORECLOSURE MILL – GAYLE A. KERN, ESQ: SUBORNATION OF PERJURY EMBEZZLEMENT, ELECTION FRAUD, ILLEGAL NON-JUDICIAL HOA FORECLOSURES
To Whom It May Concern:
The following statements are made to the best of my knowledge and are allegations, until proven in a court of law. I will publish a copy of this letter and evidence for public review at: (((REDACTED))). I am not an attorney, nor do I proclaim any of this information and/or exhibits to be construed as legal advice.
This letter serves as a demand for a formal criminal investigation into the ILLEGAL FORECLOSURE MILL by ATTORNEY GAYLE A. KERN (California Bar No. 131258, Nevada Bar No. 1620), and others.
GAYLE A. KERN, ESQ., is the homeowner association (“HOA”) attorney for LAKESIDE PLAZA CONDOMINIUM ASSOCIATION (“LAKESIDE PLAZA”) in Reno, Nevada, where my Fannie Mae home was illegally foreclosed upon by GAYLE A. KERN, ESQ. and LAKESIDE PLAZA HOA in collusion, by means of an embezzlement, extortion scheme (racket). This is fraud on me (the homeowner), my lender, Chase Home Finance, Fannie Mae, and ultimately, taxpayers who will sadly foot the bill for this illegal foreclosure mill.
GAYLE A. KERN, ESQ.in collusion, advised “extorting” nearly $1,000,000.00 in “Special Assessments” that required homeowner vote (as mandated by Nevada state law), yet, there was never a homeowner vote. Approximately ½ MILLION DOLLARS still remains unaccounted from “special assessments”, and was EMBEZZLED by LAKESIDE PLAZA Former Board President FRANK PERAU. See WASHOE COUNTY DISTRICT ATTORNEY CASE # 406573, (EXHIBIT 1)
GAYLE A. KERN, ESQ. consistently and repeatedly colluded in obstruction of justice and fraudulently concealed crucial financial disclosures that otherwise would have led to the recovery of EMBEZZLED funds.
GAYLE A. KERN, ESQ. colluded in election fraud (homeowner petitions were repeatedly refused to remove EMBEZZLER FRANK PERAU from LAKESIDE PLAZA Board); these homeowner petitions would have prevented and/or mitigated embezzlement damages.
ILLEGAL FORECLOSURE MILL – HUNDREDS OF QUESTIONABLE LIENS & FORECLOSURES THROUGHOUT NEVADA AT THE HANDS OF ATTORNEY GAYLE A. KERN, ESQ.
GAYLE A. KERN, ESQ. in collusion with ILLEGAL DEBT COLLECTOR, PHIL FRINK & ASSOCIATES has, processed literally hundreds, if not thousands of liens and foreclosures evidenced at the WASHOE COUNTY RECORDERS OFFICE. My Fannie Mae home was illegally foreclosed due to GAYLE A. KERN’S violations of law (this is ONLY A PARTIAL LIST):
COLLUSION IN KICKBACK SCHEME
GAYLE A. KERN, ESQ. colluded with LAKESIDE PLAZA CONDOMINIUM ASSOCIATION, its board directors, and EUGENE BURGER MANAGEMENT to illegally “kickback” payments to board directors in clear violation of federal laws. Kickback payments pose a serious conflict of interest, as board positions are strictly voluntary. STATE OF NEVADA took “disciplinary action” against EUGENE BURGER MANAGEMENT CORPORATION for these “kickback” payments. (EXHIBIT 2)
COLLUSION TO FRAUDULENTLY CONCEAL EMBEZZLEMENT, OBSTRUCTION OF JUSTICE
GAYLE A. KERN, ESQ. advised on several “Special Assessments” totaling nearly $1,000,000.00 without a state-mandated (CC&R-mandated) homeowner vote. (EXHIBIT 3) These extortionate “special assessments” were later embezzled, and the proximate cause of numerous illegal foreclosures at LAKESIDE PLAZA CONDOMINIUM ASSOCIATION.
GAYLE A. KERN, ESQ. colluded with LAKESIDE PLAZA and/or had knowledge of two (2) discrepant reserve studies. “Conveniently”, the reserve study requiring a “Special Assessment” (funds to be EMBEZZLED) was submitted to the STATE OF NEVADA. However, the reserve study that did not require the “Special Assessment” was not submitted to STATE OF NEVADA.
GAYLE A. KERN, ESQ. colluded to fraudulently conceal from LAKESIDE PLAZA homeowners financials and evidence that otherwise would have proven embezzlement, thereby, hindering a criminal investigation See WASHOE COUNTY DISTRICT ATTORNEY CASE #406537, (EXHIBIT 1)
COLLUSION WITH UNLICENSED DEBT COLLECTOR, UNLICENSED PROPERTY MANAGEMENT COMPANY, UNLICENSED CONTRACTORS, FRAUDULENT CONCEALMENT, TAX FRAUD
GAYLE A. KERN, ESQ. is registered agent for UNLICENSED DEBT COLLECTOR, PHIL FRINK & ASSOCIATES. (EXHIBIT 4)
STATE OF NEVADA, in a March 9, 2010 letter, stated “PHIL FRINK & ASSOCIATES is required to be licensed as a collection agency pursuant to the provisions of NRS 649 since they collect payments on behalf of third parties.” (EXHIBIT 4)
GAYLE A. KERN, ESQ. colluded with this same ILLEGAL debt collector, PHIL FRINK & ASSOCIATES to extort approximately $4,100 from me (as evidenced by attached cashier’s check). (EXHIBIT 4) This $4,100 extortion should have gone to mortgage lender, instead, it went into the hands of EMBEZZLER FRANK PERAU, FORMER LAKESIDE PLAZA BOARD PRESIDENT, and possibly others; my Fannie Mae home was later illegally foreclosed by LAKESIDE PLAZA.
GAYLE A. KERN, ESQ. colluded with and fraudulently concealed LAKESIDE PLAZA CONDOMINIUM ASSOCIATION employment of unlicensed contractors, JOHN COLEMAN (EXHIBIT 5), and ILLEGAL ALIEN CARLOS RODRIGUEZ.
See RENO POLICE REPORT # 08-31672, WASHOE COUNTY DISTRICT ATTORNEY CASE #406537, (EXHIBIT 1).
GAYLE A. KERN, ESQ. colluded with an unlicensed HOA property management company, Incline Property Management (See NEVADA SECRETARY OF STATE website to verify) and unlicensed debt collector, PHIL FRINK & ASSOCIATES.
GAYLE A. KERN, ESQ. colluded in tax fraud and fraudulent concealment of financials that would have otherwise proven the illegal employment of an illegal alien/undocumented worker and/or unlicensed contractors.
SUBORNATION OF PERJURY
FALSE STATEMENTS, PERPETRATION OF FRAUD ON FEDERAL COURT
On August 17, 2006, LAKESIDE PLAZA ILLEGAL CONTRACTOR/FELON JOHN COLEMAN made death threats on me and on my colleague (audio evidence of death threat was verified by RENO POLICE DEPT). JOHN COLEMAN admitted the death threats to RENO POLICE. (EXHIBIT 6)
On or about September 12, 2006, I made a public announcement to LAKESIDE PLAZA and its board directors, about the JOHN COLEMAN’S DEATH THREAT.
On or about November 30, 2006, GAYLE A. KERN, ESQ. was also notified about LAKESIDE PLAZA illegal contractor, JOHN COLEMAN’S death threat. (EXHIBIT 6)
By November 30, 2006, GAYLE A. KERN, ESQ. was fully aware of JOHN COLEMAN’S felonious criminal history – including, but not limited to: working as an illegal contractor for LAKESIDE PLAZA, and COLEMAN’S death threats. COLEMAN also has a prior criminal history per RENO POLICE DEPARTMENT.
On or about October 13, 2007, GAYLE A. KERN, ESQ. colluded with and suborned in perjury with FELON JOHN COLEMAN and EMBEZZLER FRANK PERAU by filing a perjurious, false affidavit in order to fraudulently file and/or obtain restraining orders on myself and Mr. and Mrs. Slabotzky (concerned homeowners investigating the embezzlement). These fraudulent restraining order applications and/or orders were a means to fraudulently conceal and obstruct a criminal investigation of LAKESIDE PLAZA embezzlement. See JUSTICE COURT OF SPARKS CASE NO. 07-CS-2405, (EXHIBIT 7)
On October 15, 2007, GAYLE A. KERN, ESQ. colluded with an EMBEZZLER/FORMER LAKESIDE PLAZA BOARD PRESIDENT FRANK PERAU and personally testified in Sparks Justice Court, suborning in perjury, as a means to fraudulent conceal and obstruct a criminal investigation of LAKESIDE PLAZA embezzlement.
GAYLE A. KERN, ESQ., made false statements and intentional misrepresentations in federal court with the sole intent to obstruct justice, discredit and defame me. GAYLE A. KERN, ESQ. perpetrated fraud, obstructed in justice and made this false statement in federal court: “Although she [Sheryl Moulton] claims that she does not reside in the condominium, she does assert that she is receiving worker’s compensation from the State of Nevada.” (Moulton v. Eugene Burger Management Corporation, Gayle A. Kern, Esq., et al. Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Motion to Dismiss 4:27-28). I have never received or claimed to have received worker’s compensation from Nevada, or any state. I demanded GAYLE A. KERN, ESQ. produce evidence supporting this LIE. GAYLE A. KERN, ESQ. was never able to support or validate her false statement, misrepresentation, and perpetration of fraud on federal court.
FRAUDULENT OVERVALUATION OF REAL PROPERTY WITH INTENT TO DEFRAUD
BANK FRAUD, MONEY LAUNDERING, TAX FRAUD
GAYLE A. KERN, ESQ. colluded with illegal debt collector, PHIL FRINK & ASSOCIATES to non-judicially foreclose on Frank Perau’s real property for $157,226.40, and caused, under penalty of perjury, to record a FRAUDULENT OVERINFLATED value on the Declaration of Value, for a property that has NEGATIVE EQUITY/ VALUE. (EXHIBIT 8)
GAYLE A. KERN, ESQ. calls this non-judicial foreclosure sale a “credit bid”. A credit bid is a bid on behalf of the lender at a foreclosure sale. The bid amount must be less than or equal to the balance of the loan in default. LAKESIDE PLAZA is neither a financial institution, nor a “lender”; and embezzlement neither constitutes a “line of credit” nor a “loan”. Furthermore, the “credit bid” far exceeds the value of the Wells Fargo mortgage loan, and thereby apparently forces Wells Fargo’s loan into a subordinate position (bank fraud).
This “credit bid” appears to be KERN’S attempt to “wash” the $157,226.40 embezzlement off LAKESIDE PLAZA books (money laundering), where LAKESIDE PLAZA, realistically, receives no value from the overinflated real property, and realistically receives no consideration, no money in return for Frank Perau’s embezzlement. At no time did LAKESIDE PLAZA homeowners consent to “writing off” over $157,266.40 in EMBEZZLEMENT, nor did LAKESIDE PLAZA homeowners consent to being defrauded property transfer tax based upon this fraudulent $157,226.40 “overvaluation” (tax fraud).
At risk for playing devil’s advocate, GAYLE A. KERN did not have the legal right to prosecute Frank Perau’s embezzlement without any criminal court proceedings, without due process. In addition, Nevada Revised Statute 116.31164 makes no mention of allowing a credit bid as criminal restitution or for money laundering embezzlement, nor did KERN have the right to hold Perau’s Wells Fargo home/ loan as “hostage” through illegal non-judicial foreclosure, and fraudulently forcing Wells Fargo into a subordinate loan position.
LAKESIDE PLAZA homeowners want like their “day in court”, rather than be “played” by KERN’S continued fraudulent concealment and money laundering shell games. KERN’S fraudulent actions certainly raise questions to the hundreds, if not thousands of other liens and foreclosures she has been party to throughout Nevada.
OBSTRUCTION OF JUSTICE, INTIMIDATION & RETALIATION
On March 5, 2007, GAYLE A. KERN, ESQ. threatened to have me arrested (by and through Reno Police) for attempting to “validate” a “debt” (i.e. extortion, embezzlement); I have witnesses and a Reno Police call log evidencing these threats. Arrest threats are clear and blatant violations of Fair Debt Collection Practices Act.
GAYLE A. KERN, ESQ. in Sparks Justice Court, made false statements, and colluded with an embezzler and known felon to suborn in perjury and advised Embezzler Perau to obtain restraining orders on concerned homeowners (including myself) who were investigating the embezzlement. These fraudulent restraining orders violated my civil liberties for over (1) one year and forced me to move from home and leave Nevada in fear for my life and liberty.
GAYLE A. KERN, ESQ. colluded, by reason of a fraudulent restraining order, to cause Sparks, Nevada police to arrive at my Reno home on or about September 26, 2007, with the sole intent to harass, intimidate and threaten me with felony arrest, violating my constitutional and civil rights.
GAYLE A. KERN, ESQ. as recent as February 2010, colluded with Reno Police Department to call and harass me.
GAYLE A. KERN, ESQ. colluded to obstruct justice in the investigation of HOA embezzlement, and given the fact she advised the embezzler to obtain restraining orders on concerned homeowners investigating the embezzlement, it suggests GAYLE A. KERN’S alleged collusion in the embezzlement scheme.
FRAUDULENT CONCEALMENT OF FINANCIALS & LITIGATION
BREACH OF FIDICIARY DUTY
GAYLE A. KERN, ESQ. and EUGENE BURGER MANAGEMENT colluded to fraudulently conceal pending litigation during real estate escrow (See January 21, 2005 Statement of Litigation). This fraudulent concealment adversely affected my home value and posed a serious fraud against my mortgage lender. (EXHIBIT 9)
GAYLE A. KERN repeated fraudulently concealed other pending litigation involving LAKESIDE PLAZA, which fraudulently impacts real estate transactions without this REQUIRED full disclosure (examples of such undisclosed litigation to all homeowners: Lakeside Plaza Condo v. Eugene Burger Mgt. Second Judicial District Court State of Nevada, Washoe County Case No. CV07-02674 Binunskaya v. Lakeside Plaza et al. Second Judicial District Court State of Nevada, Washoe County Case No. CV06-01173)
GAYLE A. KERN, ESQ. colluded with LAKESIDE PLAZA, and property management companies, to have Kevin Jennings act as both President and Certified Public Accountant (concurrently), in clear conflict of interest. GAYLE A. KERN, ESQ. colluded to refuse homeowners a copy of Certified Public Accountant Kevin Jennings’ letter of engagement.
GAYLE A. KERN, ESQ. colluded to fraudulently conceal LAKESIDE PLAZA financial information and threatened arrest for requesting for such financial information. This is a clear and blatant violation of Fair Debt Collection Practices Act, and other state and federal laws.
ELECTION FRAUD
GAYLE A. KERN, ESQ. colluded in election fraud, denying homeowners’ right to petition and vote to remove EMBEZZLER / LAKESIDE PLAZA Former Board President Frank Perau. The mitigation of embezzlement damages was virtually impossible due to GAYLE A. KERN’S blatant collusion to election fraud.
OVERBILLING (MAIL FRAUD & WIRE FRAUD)
COLLUSION TO APPROVE RIGGED, OVERPRICED BIDS
BREACH OF FIDICUIARY DUTY, CONFLICTS OF INTEREST
GAYLE A. KERN, ESQ. colluded in fraudulent concealment, obstruction of justice, and refusal to mitigate damages, which, thereby, caused her own fraudulent overbilling. Rather than mitigate damages, in the best interest of her clients, namely LAKESIDE PLAZA, GAYLE A. KERN creates these fraudulent “situations” to produce more work, more billable hours, and more fraudulent income. KERN failed to mitigate damages resulting from embezzlement, illegal foreclosure, intentional negligence and roof leaks causing TOXIC BLACK MOLD.
GAYLE A. KERN, ESQ. is a defendant in several of my federal lawsuits, and yet, in clear conflict of interest, she refused to withdraw as counsel in her representation of LAKESIDE PLAZA board directors (at least 2 codefendants/LAKESIDE PLAZA board directors had embezzled and/or colluded in kickbacks).
GAYLE A. KERN, ESQ. colluded to “double dip” and fraudulently bill Lakeside Plaza homeowners for both the legal defense fees for Frank Perau (embezzler/criminal), as well as Lakeside Plaza (victim). GAYLE A. KERN, ESQ. was also named on federal court docket concurrently representing the EMBEZZLER, Frank Perau and VICTIM HOA, LAKESIDE PLAZA - evidencing a clear conflict of interest, overbilling and countless violations of professional code of ethics.
GAYLE A. KERN’S fraudulent overbilling practices (sent via mail and telecommunication) violate federal mail and wire fraud statutes, and possibly RICO statutes.
GAYLE A. KERN, ESQ. colluded in fraudulent concealment of financials, negligent breach of fiduciary duty and failed to assure Lakeside Plaza HOA’s reserves were adequately funded – (devoid of embezzlement, kickbacks and overinflated contract bids).
GAYLE A. KERN, ESQ. has even evaded service of federal lawsuits by pro se litigants. Lawsuits should be her “bread and butter” and it is certainly reasonable for a zealous, fraudulent overbilling attorney to “welcome” such lawsuits. GAYLE A. KERN, ESQ., however, apparently does not want these allegations herein to become public record, therefore; she has done everything in her power to threaten false arrest, intimidate, harassment, and retaliate - all with the intent to obstruct justice.
GAYLE A. KERN, ESQ. colluded in rigged, overpriced bid contracts (antitrust violations) with LAKESIDE PLAZA (and other HOAs), along with the EUGENE BURGER MANAGEMENT CORPORATION [1] Of course, EUGENE J. BURGER, is a real loser, too, as he was up on nearly 50 federal criminal indictments for many of the same violations alleged herein against GAYLE A. KERN, ESQ.
COLLUSION TO EXTORT
BREACH OF FIDUCIARY DUTY, UNJUST ENRICHMENT, BANK FRAUD
GAYLE A. KERN, ESQ. colluded to extort and defraud homeowners of retirement, savings, and monies that otherwise would have applied to home loans, thereby, constituting a form of mortgage fraud/tortious interference. If extortion was not paid, homes were illegally liened and/or foreclosed, in collusion, by LAKESIDE PLAZA.
GAYLE A. KERN, ESQ. colluded with illegal debt collector, PHIL FRINK & ASSOCIATES to extort nearly $4,100 from me (money that otherwise, would have applied to my Fannie Mae home mortgage) EXHIBIT 4
GAYLE A. KERN, ESQ. colluded in unequal enforcement/non-uniform enforcement, extortion and retaliation against some homeowners, and not others. A LAKESIDE PLAZA board director stated “we’re going to sanction you all out of here.” This was clear retaliation for homeowners’ knowledge of this embezzlement/kickback/extortion racket.
FINANCIAL CRIMES AGAINST ELDERLY, DISABLED, OR OTHERWISE VULNERABLE
GAYLE A. KERN, ESQ. colluded in financial elder abuse, crimes against elderly (persons over 60), and vulnerable (i.e. disabled, etc.), and should be punishable per Nevada Revised Statute 193.167.
I am physically disabled, and a result of the aforementioned crimes, I have suffered false arrest (stripped naked, without food, water or right to legal counsel for nearly 13 hours); I have suffered death threats, threatening letters and emails, and Internet harassment. In addition, I have suffered loss of liberty, repeated false police calls, illegal foreclosure of my home, and loss of my retirement savings.
This letter serves as notice to take any and all legal actions necessary against the State of Nevada, Washoe County, and Washoe County District Attorney, and others, for violating my constitutional and civil rights in allowing this ILLEGAL FORECLOSURE MILL to deprive me of my liberty, my home and retirement due to the STATE OF NEVADA’S refusal to prosecute these said crimes.
These criminals do not want their ILLEGAL FORECLOSURE MILL exposed and justice served for homeowners, Fannie Mae, mortgage lenders, and ultimately, taxpayers. It is my promise to expose this corruption until justice is served.
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