Documented  Allegations - The Short Version

Income from mock elections –  As shown from a number of documents, an organization obtained money from illegal activities and its members avoided federal income taxation by falsely attributing the income to a corporation.  The amount is significant, now estimated in 2018 to be approximately $4,000,000 over a period of years.  While doing so, they knew that they engaged in the identity theft of the corporation to obtain control of the entrance ways to its easement property (a lake). 

They obtained such control by knowingly holding mock elections with persons (1) who were ineligible to use the lake under a deed restriction and (2) who were ineligible to participate in the elections under a limitation in the corporation's charter.  The charter limits eligibility for membership to those persons who are Loch Lomond property owners as that term was understood in 1961 when it received the deed to the lake and 1957 when the LLPOA was incorporated.  It also expressly limits voting eligibility to those Loch Lomond easement owners who not only choose to be members of the LLPOA, but also choose to pay annual dues before the annual election.

The elections were also mock elections in that they were held with persons who intended to unlawfully interfere with the corporation’s property right and obligation to easement owners to exclude outside lot owners with no right to use the lake.  In addition, they were mock elections in that they have been held by persons with an intent to defraud the easement owners.  The easement owners are third-party beneficiaries of the agreement between the actual LLPOA and the grantor of the easement property and they are owed an obligation by the LLPOA under the terms of the deed to not allow outside lot owners to use the lake on a regular basis.

Documented criminal activities –  After those in the organization illegally took the identity of the corporate owner of the lake, they thereafter knowingly engaged in a number of criminal activities to obtain money.

Readily available information – Anyone can look at the Illinois and federal criminal statutes on the Internet to verify that certain actions are criminally prohibited.  Anyone can also look at the public documents on file with the Lake County Recorder’s office and on file with the Illinois Secretary of State.  They can also look at the copies of such documents on this web site, as well copies of documents created and distributed in the name of the LLPOA.

The documented criminal activities of the members of the organization includes

  1. obtaining money by mail fraud  in violation of 18 USC 1341 and 1342; 720 ILCS 5/17-24(a)) by knowingly mailing false billing notices based upon (a) their misrepresentations of material facts which they intended for the recipients to rely upon and (b) their unlawful threats mailed to easement owners who refuse to even be nominal members of the LLPOA and pay money to them which they falsely collect in the name of the LLPOA;
  2. obtaining money by engaging in wire fraud (cf 18 USC 1343; 720 ILCS 5/17-24(b)) and collecting money after posting Internet web pages with material false representations of facts which they know are false;
  3. obtaining money while violating 720 ILCS 5/12-6.5 which expressly makes it a Class 2 felony to use any “criminally unlawful means to solicit or cause any person to join, or deter any person from leaving, any organization or association regardless of the nature of such organization or association” (emphasis added);
  4. obtaining money by knowingly making fraudulent representations to easement owners, and particularly knowingly making false representations to incoming home buyers (cf. 720 ILCS 5/16-1);
  5. obtaining money by illegally obstructing private ways (cf. 720 ILCS 5/47-5(5)) to compel easement owners without lake-front properties to pay money to them while knowing that no debts are or have been due (cf. 720 ILCS 5/16‑1)
  6. obtaining money by threatening to file liens against nonpaying easement owners while knowing that (a) attorneys hired in the name of the LLPOA have repeatedly told them that there is no factual or legal basis for such liens, (b) persons representing the organization have expressly admitted, in writing, knowing that liens cannot be filed against nonpaying easement owners, and (c) no liens have ever been filed since the threats to file liens were first made in 1993 (cf. 720 ILCS 5/16‑1);
  7. obtaining money through a type of bank fraud (cf 18 USC 1344) and washing money in violation of 18 USC 1956 where the money was collected through fraud by impersonating LLPOA officers in a non-existent "homeowners' assocation" while knowing that their pretend positions of alleged LLPOA officer positions were obtained from holding mock elections;
  8. obtaining money (according to their own newsletters and other documents created by them) by apparently engaging in a type of bank fraud  (cf 18 USC 1344) and impersonating LLPOA officers while making misrepresentations beginning in 1986 and continuing to the present with documents falsely recorded as bylaws to induce local banks to not do business with easement owners unless the selling easement owners comply with certain conditions of paying money which the fraudsters knew and still know are not required by the law or the facts; and
  9. obtaining money (which they have repeatedly reported as receiving as so-called back dues) by knowingly harassing, intimidating, and/or threatening both home sellers and home buyers in support of their unlawful activities which involves raising and threatening to raise pretend disputes both before and after sales have been made by easement owners (cf. 720 ILCS 5/47-5(14)).

All this is documented.  It’s also possible that an investigation could uncover facts to support criminal charges under the statute for battery (cf 720 ILCS 5/12-3).  While the members of the organization have engaged in fraud to support their money collecting activities, they have invited parents to send their young children to swim and learn how to swim in the lake while not disclosing in a meaningful way the extent of the parasites and the extent of the plant-killing chemicals that they have put into the lake, including the quantities of copper sulfate which the EPA has finally ordered  them to cut back.  An investigation could further show (1) the organization has been putting copper sulfate and other chemicals into the lake in large quantities to kill plant life contrary to the original covenants and the 1980 document signed to extend the covenants, (2) the lake has regularly had at least one type of parasite, and (3) children have repeatedly gotten ill from getting into the lake without having knowledge or receiving a warning of the dangerous condition of the lake.