Cave Creek Violated Federal and State Law

Arek Fressadi

updated 7/26/17.

CONTACT: Arek R. Fressadi, 520-216-4103,

CAVE CREEK, AZCave Creek, a suburb of Phoenix, violated Federal and State law to harm Fressadi. In bad faith sufficient to warrant punitive damages, Arizona Municipal Risk Retention Pool (AMRRP), Cave Creek’s surety, obstructed justice by concealing material facts and law to obtain favorable rulings that claims against Cave Creek were time barred. State Courts issued rulings in violation of the Supremacy Clause.

The matter is now before the 9th Circuit Court of Appeals. see 

In 2000, Arek R. Fressadi bought land at the base of Black Mountain to build an enclave of artistic adobe homes. In 2001, Fressadi corrected comments made by Don Sorchcyh, at a Town Council Meeting. Sorchych publishes the “official” town newspaper, The Sonoran News. Don controls Cave Creek politics. Soon after, Cave Creek’s Planning Director told Fressadi to develop his property by a series of lot splits instead of a subdivision. Unbeknown to Fressadi at the time, Cordwell’s instructions were against State law and Town codes.

By failing to follow Federal law in A.R.S. §§ 9-500.12 and 9-500.13, Cave Creek required the exaction of a 25 ft. strip of land to approve the first lot split.  The strip of land converted Fressadi’s survey into a non-conforming subdivision. Lots in non-conforming subdivisions are unsuitable for building and not entitled to building permits. However, Cave Creek issued sewer permits as if the lots were legally split. Cave Creek also promised to reimburse Fressadi for repairing and extending the sewer, but reneged when the sewer was completed.

Fressadi relied on information provided by Town officials, as this was his first time building in Cave Creek. “I never experienced a municipality violating Federal and State law, and its own Ordinances to harm a developer for spite. It shocks the conscience,” says Fressadi. With tenacious perseverance, he discovered in Cave Creek’s duty to provide procedural protection per A.R.S. §§ 9-500.12 and 9-500.13 in  2013. Cave Creek failed to follow due process to screw up his development, then obtain favorable rulings from State courts in violation of the Supremacy Clause

“Cave Creek’s misconduct was caused by AMRRP and should be punished with punitive damages” says Fressadi.


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CONTACT: Arek R. Fressadi, 520-216-4103

TUCSON, AZ – Yesterday, attorneys for Rob Robertson Enterprises, Inc. admitted that their client criminal conduct in open court. Rob Robertson Enterprises, Inc. is a joint partner of Pima County Sheriff’s Department, and is also under contract with the Department of Justice.

Robertson’s attorneys introduced evidence in Pima County Superior Court that Robertson knowingly submitted false writings to ADOT/MVD in violation of ARS 13-2311, a felony, in order to commit theft of a motorcycle in violation of ARS 13-1802, another felony.

Robertson’s attorneys were attempting to enforce a settlement agreement with Arek Fressadi. Fressadi had offered to settle with Robertson so long as Robertson was not involved in any class action wrong doing, RICO activity or had violated constitutional rights under color of law that could be prosecuted pursuant 42 USC §1983. Fressadi asked attorneys for Rob Robertson these questions point blank to which Robertson’s attorneys had said no.

Robertson’s attorneys argued that a settlement agreement exists regardless of whether it was obtained by deceit, even though Fressadi had asked for full disclosure. “When one is asked a question that fairly calls for disclosure of a material fact, he or she commits fraud by concealing the truth or otherwise answering in a manner deliberately calculated to mislead,” Lerner v. DMB Realty, LLC, 322 P.3d 909, 916 (Ariz. Ct. App. 2014) (quoting Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Tr. Fund, 201 Ariz. 474, 483 (Ariz. 2002) (en banc))) (“Unlike simple nondisclosure, a party may be liable for acts taken to conceal, mislead or otherwise deceive, even in the absence of a fiduciary, statutory, or other legal duty to disclose.”

Robertson is represented by Daniel Campbell and Angela Cooner of O’Conner & Campbell. Arizona attorneys are required to take remedial measures including disclosure to the Court if the lawyer comes to know that its client has engaged in criminal conduct or offered false evidence. ER 3.3. Attorneys are not allowed to unlawfully obstruct another party’s access to evidence, or falsify evidence. ER 3.4. The Court may impose serious sanctions against Robertson for failing to disclose damaging or unfavorable information including dismissal of its motion or defense.

“Robertson’s admission of criminal conduct is cause for further claims,” says Fressadi, “especially considering that Robertson is the Joint Venture Partner of Pima County’s Sheriff and the State was complicit in their criminal conduct.” Pima County Sheriff’s Department receives 1/3 of storage fees from Robertson and 60% of the sale proceeds of vehicles sold at auction. ADOT/MVD administers a fine of $500 against owners of vehicles that are sold at auction.

Persons who sustain reasonably foreseeable injury to their person, business or property by a pattern of racketeering may file an action in superior court for the recovery of up to treble damages and the costs of the suit including reasonable attorney fees. ARS 13-2314.04.



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Arizona’s Motor Vehicle Department, Pima County Sheriff’s Department, and a Texas Towing Company Engage in Racketeering

TUCSON, AZ – Accident victim turned Pro Se Activist Arek R. Fressadi has discovered evidence of an apparent “fast & furious grand theft auto” racketeering scheme regarding privately-owned Texas-based towing company Rod Robertson Enterprises, Inc. (RRE) in partnership with local and state government. A hearing is set on Monday, March 7, 2016, 3pm, at Pima County Superior Court, 110 W. Congress Street, Tucson, AZ, Case #C20153965. RRE requested that the matter be under seal.

On August 27, 2014, while traversing rock and debris with his motorcycle on Sandario Rd., Fressadi was literally run over by a truck driven by Kathryn Glover, ex-wife of Dick Glover, former CEO of Will Ferrell’s “Funny or Die”. Little did he know that his injury would uncover a RICO enterprise involving corrupt business practices approved by the Pima County Board of Supervisors. “It’s bad enough to get run over by a truck, but getting bulldozed by government is worse,” says Fressadi.

ADOT collects over $1.2 Billion in Highway User Revenue Funds (HURF) from fuel taxes and vehicle registrations, and even though ADOT knows that roads are unsafe, it only doles out a pittance to repair and improve county roads. Why? Because accidents are profit centers; there is no incentive to keep roads safe.

HOW IT WORKS: Rod Robertson Enterprises and the Sheriff’s Department operate as an enterprise. The Sheriff has RRE tow vehicles to its Tucson storage yard. RRE charges storage fees to “keep the vehicle safe”. The Sheriff’s Dept. gets a cut on the storage fees and charges an “administration fee” of $350 to release the vehicle. Once the Sheriff’s Dept. is paid, it “releases” the vehicle so that the owner can then pay RRE for storage fees. If storage fees are not paid, RRE auctions off the vehicle. The Sheriff’s Dept. gets 60% of the auction proceeds and 1/3 of storage fees. See contract. ADOT’s Motor Vehicle Division assesses a fine of $500 for the abandoned vehicle.

Even though his lung was punctured, his rib cage crushed and his leg was mangled, Fressadi had the acuity to tell the Deputy at the accident scene to have his insurance company tow his bike to his home for free. But the Sheriff’s Department doesn’t make any money following Fressadi’s instructions, so his motorcycle was towed to Robertson’s storage yard to rack up over $3,000 in fees while Fressadi was hospitalized for four months. Although Fressadi never authorized the tow of his motorcycle to Robertson’s storage yard, ADOT classified his bike as abandoned, transferred title to RRE who sold his bike at auction, and then, to add insult to injury, charged Fressadi $500 for “abandoning” his vehicle. Robertson knowingly submitted false writings to ADOT in violation of ARS § 13-2311 in order to commit theft of Fressadi’s motorcycle in violation of ARS § 13-1802.

Fressadi believes that many citizens have been victimized by the complicit conspiracy of Pima County’s Sheriff Department acting in concert with ADOT and Robertson. “Most people just begrudgingly pay up to be done with it, sensing that there is corruption behind the huge fees and administrative shuffle. Now there is clear evidence. People deserve to know and it’s time to stand up to government corruption,” says Fressadi. “This situation is ripe for a class action lawsuit.”

ATTACHED: Rod Robertson Contract with Amendments BATES (00349190xCDD05)

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True Grit

6a00d8341c03bb53ef01bb088d1eff970d-200pi NB- “Grit” is found in integrity.

How much grit do you have?




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Skin in the Game


Valeria Maltoni posted “Skin in the Game” on her blog, Conversation Agent. She quoted Black Swan expert Nicholas Taleb about anti-fragile systems. Fragile systems depend on things following the exact planned course without deviation. Government, especially judicial systems are fragile, as are most large institutions which rely on “policy,” to manage complexity. Ironically, this inflexibility is contrary to our human nature.

For the last century, Freud’s view that man is inherently malevolent, has been the guiding algorithm for controlling the masses. See Century of Self.

But recent research confirms just the opposite: humans are kind and altruistic by nature and learn to tolerate oppression imposed by fragile, inflexible  systems.

Which is why it is essential to listen to the wisdom of the Wizard who says that small things done by ordinary people keeps evil at bay.

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What Really Matters

Valeria Maltoni recently posted two articles on her blog, Conversation Agent, that are worth reading and repeating.

Dan Pink on the Value of High-Concept and High-Touch

A Whole New Mind mindmap

When Dan Pink wrote A Whole New Mind, he presented six aptitudes that are highly subjective, socially- and culturally-dependent. In his view these fundamental human abilities are absolute essentials for professional success and personal fulfillment. In his view:

  • Design is an asset above function
  • Story is an asset above argument
  • Symphony is an asset above focus
  • Empathy is an asset above logic
  • Play is an asset above seriousness, and
  • Meaning is an asset above accumulation

In the book, Dan uses neuroscience to create a metaphor to articulate the value of what he calls high-concept, high-touch work. He says R-directed is about big picture, contextual, expressive synthesis and L-directed represents logic, sequential, literal, and analytical thinking.

The premise of the book is that we live in the age of Abundance, Asia, and Automation and need R-directed thinking to navigate these forces successfully.

“Design — that is utility enhanced by significance — has become an essential aptitude for personal fulfillment and professional success for at least three reasons. First, thanks to rising prosperity and advancing technology, good design is now more accessible than ever, which allows more people to partake in its pleasures and become connoisseurs of what was once specialized knowledge.

Second, in an age of material abundance, design has become crucial for most modern businesses — as a means of differentiation and as a way to create new markets. Third, as more people develop design sensibility, we’ll increasingly be able to deploy design for its ultimate purpose: changing the world.”

In business design is taking a whole new meaning. Once the province of geeks and designers, the argument that creating better experiences is a competitive advantage has gone mainstream thanks also to Apple’s market success.

“Think about cell phones,” says Pink. “In less than a decade, they’ve gone from being a luxury for some to being a necessity for most to becoming an accessorized expression of individuality for many. They’ve morphed from ‘logical devices’ (which emphasized speed and specialized function) to ’emotional devices’ (which are ‘expressive, customizable, and fanciful’), as Japanese personal electronics executive Toshiro Iizuka puts it. Consumers now spend nearly as much on decorative (and nonfunctional) faceplates for their cell phones as they do on the phones themselves.”

Steve Jobs understood, and made sure that his team aligned behind this understanding upon his return to Apple, that the only way to survive is by constantly developing new innovations, inventing new categories, and giving the world something it didn’t know it was missing.

As we increasingly admire companies like Apple and its digital hub system execution and Amazon and its collection of businesses sharing resources, we come to appreciate the value of symphony, or the ability to see and harness the power of relationships between things. Says Pink:

“Most inventions and breakthroughs come from reassembling existing ideas in new ways.

[…] What conductors and composers desire — what separates the long remembered from the quickly forgotten — is the ability to marshal these relationships into a whole whose magnificence exceeds the sum of its parts.

[…] The boundary crosser, the inventors, and the metaphor maker all understand the importance of relationships. But the Conceptual Age also demands the ability to grasp the relationship between relationships. This meta-ability goes by many names — systems thinking, gestalt thinking, holistic thinking. I prefer to think of it simply as seeing the big picture.”

We call the businesspeople who see the big picture visionaries who can integrate and imagine how the pieces go together. All great entrepreneurs, according to Michael Gerber, are Systems Thinkers.

And talking about systems. Daniel Kahneman labeled the fast, instinctive and emotional “System 1” and the slower, more deliberative, and more logical “System 2.” For a deeper dive on our two modes of thought, read Thinking Fast and Slow where Kahneman provided research and information on the cognitive biases associated with each.

[mind map courtesy of Steve Richards]

Valeria followed up this post with another gold nugget:

The Importance of Learning to Make Trade-offs for Performance

Sustained High Performance_LGE
In economic terms we call them opportunity cost. They involve sacrificing something to do something else. Every day, we trade our time, attention, and resources as we go through our day. As individuals and organizations, we are reservoirs of potential energy that can be recruited to do things. How we spend our days does end up creating our lives.

As Jim Loher and Tony Schwartz say in The Power of Full Engagement, a book I read a dozen years ago, managing energy, not time, is the key to high performance and personal renewal. The book’s central thesis is that to be fully engaged, we must be physically energized, emotionally connected, mentally focused, and spiritually aligned.

To make smart trade-offs we should start by defining our purpose, then distilling our truth, so we can identify the gap between the two. For example:

Purpose — “How should I spend my energy in a way that is consistent with my deepest values?”

Truth — How am I spending my energy now?

Action — bridge the gap between the two

Loher and Schwartz explain how to increase your energy levels by tapping four primary sources:

1.physical — including strategies for balancing stress and recovery, fueling the fire with nutrition, hydration, sleep, and exercise

As a long time, long distance runner, many of the suggestions on building strength, endurance, flexibility, resilience, and recovery helped me improve my form, speed, and enjoyment. I also learned to work in 90-minute bursts and have been experimenting with naps for the last dozen years.

2. emotionaltransforming threat into challenge and developing depth and resilience through active engagement with others and with our own feelings; habits and skills are patience, openness, trust, and enjoyment

3. mental — as in learning visualization and mental preparation with appropriate focus and realistic optimism, learning to manage time and harnessing creativity

4. spiritualhaving a ‘why’ to live with honesty, integrity, courage, and persistence, developing capacity through passion, commitment, and service to others

Developing supportive habits and skills is a good first step toward building capacity for stronger and more established competencies in all four areas [see image above.] Relationships play a role in building capacity and activating potential:

A relationship in which you do most of the giving and receive very little in return ultimately prompts a sense of deficit and emptiness.”

We may or not may not be aware of the trade-offs we make between immediate benefit, cost, and long-term consequences, including unintended consequences. A few examples in the book (adapted):

A pessimistic attitude creates less disappointment, is less risky, and involves less vulnerability now, yet it carries reduced positive energy, undermines interpersonal effectiveness, and thus happiness and reduces performance, health and happiness over the long haul.

Poor work/life balance characterized as long hours away from family and limited time with friends means accomplishing more at work, having less emotional risk, avoiding responsibilities outside work and comes with a cost to intimate connection, which leads to resentment of family and friends. Over the long run unfulfilled relationships affect a tendency to impatience, anger, and escalate into burnout, regret, guilt, and loss of passion.

Multitasking like answering emails while talking on the phone may give the temporary illusion of accomplishing more in short term, with a feeling that you are being productive, however it leads to divided attention, likely lower comprehension, and thus lower quality of work. Being less fully engaged with people creates shallow connections with others.

Poor diet like high fat and sugar, for example, creates immediate gratification, and is often the product of convenience. However, it may result in high cholesterol, increased weight, and less sustained positive energy. Long term, this may lead to an increase in risk of obesity, heart disease, stroke, cancer, and early death.

Some of the trade-offs above may seem obvious, yet bad habits are hard to break because they are automatic. Self-control and self-regulation, before we create better habits, require we make conscious choices. Change, like choices requires a higher investment of energy, and commitment.

We can experience pleasure without any investment in psychic energy, whereas enjoyment happens only as a result of unusual investment of attention, said Mihaly Csikszentmihalyi.

In his work, Csikszentmihalyi contrasts pleasure with enjoyment. He says pleasure feels good, but it’s conservative, and leads to status quo. While enjoyment is like happiness in action, leading to greater skills. Enjoyment leads to a “triumph over the forces of entropy” and is like building psychological capital.

Learning to make smart trade-offs is important for our physical, emotional, mental, and spiritual health and it comes with a long-er term benefit of improving our performance.

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