Extortion in Arkansas - Part 12: Possible Bondholders

Extortion in Arkansas – Part 12

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Secure Arkansas continues the unfortunate saga on the toxic Class 1 (hazardous waste site) NABORS Landfill fiasco and the “service fee” (trash tax) that has been illegally forced onto the taxpayers’ real estate taxes in Baxter, Boone, Carroll, Marion, Newton, and Searcy Counties… BUT FOR WHICH NO SERVICES were provided or made available!

In this article, we will try to expose some more of the shady players that have imposed this illegal service tax fee upon the good people of the affected area in our state… and also make you aware of possible bondholder names. 

It was former Senator Johnny Key who introduced Amendment No.2 to House Bill No. 1040 which allowed the trash tax to be added to everyone’s property tax statement. Johnny Key (Mtn. Home) added Amendment No. 2 to the Arkansas Department of Environmental Quality Appropriation for the 2014-2015 Fiscal Year. HB 1040 was referred to the Joint Budget Committee which handles providing for consideration of appropriation bills and budget proposals submitted by the General Assembly. The Arkansas Department of Environmental Quality (ADEQ) and former Senator Johnny Key deceived the public trust with this political maneuver of using the Joint Budget Committee to create this fraud on the public.

Amendment No. 2 to HB 1040 appeared on page 21 of the bill.  Click here to see HB 1040 that was passed as Act 274. Section 45 was the part that amended HB 1040 to allow the Trash Tax. Former Senator Jeremy Hutchinson was the sponsor of Amendment No. 1 to House Bill No. 1040. (Former Senator Johnny Key is now Arkansas Commissioner of the State Board of Education.) Looks like when you play ball with the big boys, you get awarded.

Click here for the Senate Vote on HB1040

Yeas

Non Voting

Present

 Click here for the House Vote on HB 1040 

Yeas

Non Voting

The other questionable player in this Solid Waste Management Regional Board scheme was former Senator Uvalde Lindsey from Fayetteville who introduced malevolent legislation in 2011 — HB 1060, now known as ACT 209 — which addressed solid waste district fees:

ACT 209 TO CLARIFY THE POWER OF REGIONAL SOLID WASTE MANAGEMENT BOARDS TO CHARGE AND COLLECT A FEE FOR MANAGEMENT OF SOLID WASTE AND TO DECLARE AN EMERGENCY.

HB 1060 was passed by the Senate on 2/28/2011 with a Vote of 34 YEAS and 1 Excused.

HB 1060 was passed by the House on 3/3/2011 with a Vote of 88 YEAS and 10 Non-Voting.

In ACT 209, the legislators removed the voice of the voter and transferred that power to the Regional Board, in which the people have no control.

ACT 209 — Created a Regional Board AND the power to collect fees!

The names have often changed over the years (and this appears to be a hot bed of corruption):
 

1) R.L.H. Landfill

2) Northwest Arkansas Regional Solid Waste Management District (Established 1991)

2.a) Damco Tire Dump - The Tire Dump was sold to Northwest Arkansas Regional Solid Waste Management District in 2005.

3) Ozark Mountain Solid Waste Management District (2011)

4) Northwest Arkansas Board of Regional Sanitation (NABORS) Landfill

5) NABORS Sanitation

Note: The Northwest Arkansas Economic Development District AND the Ozark Mountain Regional Solid Waste Management District are overseen by some of the same board members.

Could this new highly suspicious break-in at Nabors Sanitation, reported from KTLO on April 9th, 2019, mean there are many more records to hide from the courts? Yes! You can bet on it!

Here’s a snippet:

Director Melinda Caldwell says a break-in has been discovered at the former NABORS Sanitation office on Rossi Road, and a box of bank statements from 2010 is missing…

Baxter County Judge Mickey Pendergrass, who serves as the district’s board chairman, told KTLO, … nothing other than the box of bank statements is missing.

Who got paid-off, and where did the money go in 2010?

There’s a history of the questionable burglaries at the home office of NABORS…

This is the SECOND TIME a break-in has occurred there, and important documents come up missing EVERY time! The theft was supposedly done somewhere between January 30, 2019 and March 29, 2019.

The same faulty actors/players are involved… AGAIN, Melinda Caldwell and Baxter County Judge Mickey Pendergrass. Last year in March 2018, Secure Arkansas wrote about the 2016 break-in at the Class 1 NABORS Landfill, and here’s a recap.

The FIRST break-in occurred on December 2, 2016.

“Funny” thing happened in 2016: the NABORS’ office was burglarized (the first time) there in Mountain Home! Baxter County Judge Pendergrass and the questionable Melinda Caldwell (Director of Ozark Mountain Solid Waste) were preparing for the district court case, back then, and suddenly, out of the blue… POOF! NABORS was robbed, and paperwork disappeared! How convenient! Wonder what documents they didn’t want the court to see in 2016? Also, what did the sheriff’s department know about what was going on at the NABORS Landfill?

It’s time for Melinda Caldwell to be removed from the position of Director for that solid waste district!

If the cabal from the defunct NABORS Sanitation wants records to disappear… then they will. After all, there could be discovery for the courts, and relief, in the affected six-county area in Northern Arkansas. 

There is still the question surrounding the identity of the Bondholders of the default loan to NABORS Landfill.

Reminder! Crews & Associates was the bond issuer of $12.3 million dollar bonds, and many of our Arkansas legislators have over $12,500 invested in Crews & Associates and Bank OZK (formerly Bank of the Ozarks).

From the Crews & Associates Bond Offering dated October 12, 2005:

The bonds are not and shall not be deemed to constitute a debt or liability or a pledge of the faith and credit of the district, the State of Arkansas or any political subdivision thereof but shall be payable solely from pledged revenues under the trust indenture. Neither the faith and credit nor the taxing power of the State of Arkansas or of any pollical subdivision thereof is pledged to the payment of the principal of the interest on the bonds. The District has no taxing power.

Bank OZK (formerly The Bank of the Ozarks) is the Trustee for “the Bondholders”, and the following people listed below seem to have a conflict of interest. Could they be possible bondholders?

1. Circuit Judge Timothy Fox has reported on his 2015 and 2016 Statement of Financial Interest of investments greater than $12,500 in the Bank of the Ozarks. (Note: The Bank of the Ozarks is the trustee of the bondholders. Also, on July 16, 2018 the Bank of the Ozarks name was changed to Bank OZK… What’s up with this name change? Could it be that they are trying to distance themselves from ramifications of the pending lawsuits and who knows what else?)

2. Senator Missy Irvin - Senate 2011, 2013, 2015, 2017, 2019. Reported on her Statement of Financial Interests for 2016 under Section 4 Business or Holdings Crews & Associates has holdings greater than $1,000 but less than $12,500 John Irvin custodian for Ike Irvin.  

3. Senator Will Bond First term House 2003, 2005, 2007, Senate 2017, 2019. Reported on his Statement of Financial Interest for 2016 under Section 4 Business or Holdings - Bank of the Ozarks has holdings greater than $1,000 but less than $12,500.

4. Senator Bruce Maloch Columbia County JP 10 years, House 2005, 2007, 2009, Senate 2013, 2015, 2017, 2019 Reported on his Statement of Financial Interest for 2016 under Section 4 Business Holdings Bank of the Ozarks bond due 7/1/26 has holdings greater than $12,500.

5. Senator Gary Stubblefield, first term House 2011, Senate 2013, 2015, 2017, 2019 Statement of Financial Interest for 2016 under Section 4 Business Holdings Bank of the Ozarks has holdings greater than $12,500

6. Representative Frances Cavenaugh, first term House 2017, 2019. Statement of Financial Interest for 2016 under Section 4 Business Holdings Bank of the Ozarks has holdings greater than $12,500 (Owner Donald Cavenaugh, married to Rep. Francis Cavenaugh from Walnut Ridge. She is the House Chair for Joint Budget Claims).

7. Attorney Geoffrey B. Treece was the court-appointed receiver for Ozark Mountain Solid Waste District on the NABORS $18 Trash Tax Fee. Treece contributed at least $450 to Judge Timothy Fox the last political race for office.

The corruption keeps mounting …

Update! Former Senator Jeremy Hutchinson was indicted in 2018 by a federal grand jury for allegedly using tens of thousands of dollars of campaign contributions for his own personal benefit and concealing the scheme by falsifying his campaign finance reports and income tax filings. (Former Senator Jeremy Hutchinson is the nephew of Govenor Asa Hutchinson.) Currently, the Department of Justice released this new information on April 11, 2019.

The article hotlinked below could very well be similar to the goings-on at the NABORS Landfill in Baxter County. The Federal Grand Jury needs to do some investigation into the fraud at the NABORS landfill, also.

Landfill director, hauler indicted on fraud counts in Arkansas

by Linda Satter | September 15, 2018

Mississippi County’s landfill supervisor, William Chester “Wil” Allen, and his friend Joe Harlon Hamlett of Missouri were formally indicted Thursday by a federal grand jury in Little Rock on two charges each of honest services wire fraud.

The men were charged late last month in a federal criminal complaint with scheming to keep a trucking company Hamlett worked for from paying about $20,000 in fees for at least 70 loads of waste the company dumped at the landfill between March and July.

The indictment alleges that from February 2017 until last month, Allen, Hamlett and one other person who wasn’t named devised a scheme, using bribery and kickbacks, to defraud Mississippi County, the Arkansas Department of Environmental Quality and the state of their right to Allen’s honest services as landfill supervisor.

In closing, Secure Arkansas is concerned that there are many punishable secrets buried in the contaminated waste site, NABORS Sanitation/Landfill, located in Mountain Home, Arkansas. Keep in mind that contaminants can migrate from the site! You may recall that out-of-state trucks have been seen going into and coming out of the property after hours. We still need a proper investigation to find out what toxic compounds have been released in the soil, air, and water there. 

The cover-up continues, and the cabal has taxed the residents in order to pay for the clean-up of the unsafe waste site… and they will be taxed continually for 25 to 30 years or more. 

Stay tuned — we are looking for more possible bondholders…

As ever — stay aware, stay involved, and stay vigilant.

Remember: eternal vigilance is the price of liberty.
 

As always, you can find our email articles posted on our website: SecureArkansas.com.  The Search box is a handy tool.  

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Securing the blessings of liberty,

Secure Arkansas
securetherepublic.com/arkansas
[email protected]

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