Criminal complaint filed over $2 million Taylor Housing Authority loss!

TaylorPolice Department ATTN: Police Chief Fluck 500 South Main

Taylor, TX 76574

May 7, 2016

SUBJECT:     Felony Criminal Complaint - Theft and Abuse of Official Capacity

 Dear Chief Fluck:

This letter is presented as a felony criminal complaint of violations of:

1.    Texas PENAL CODE TITLE 8, OFFENSES AGAINST PUBLIC ADMINISTRATION, Chapter 39, ABUSE OF OFFICE, Sec. 39.02, ABUSE OF OFFICIAL CAPACITY.

2.    Texas PENAL CODE TITLE 7, OFFENSES AGAINST PROPERTY, CHAPTER 31, SEC 31.03 THEFT.

3.    Any other laws that an adequate investigation may determine, including the probability of conspiracy, meaning that two or more persons planned or cooperated to achieve illegal objectives.

Facts bearing on the case:

1.    Probable cause to suspect crimes have and are being committed is contained in the October 2, 2014, HUD Office of the Inspector General Audit Report 2015-FW-1801.

2.    Probable cause to suspect crimes have and are being committed is contained in an amended civil lawsuit filed by the Taylor Housing Authority on June 5, 2015, CAUSE NO 15-0021-C277, paragraphs 18, page 4, and 19, page 5;  Paragraph 26, page 7;  Paragraph 29 & 30, page 8, and other information contained in the lawsuit brief.

3.    The HUD Inspector General and the Taylor Housing Authority both report the unlawful loss of over $2 million in real estate assets and the monthly cash flow generated by those assets.  That cash flow was reported to exceed $1.1 million annually on U.S. Internal Revenue Form 990 for the Mallard Run and Sunset properties on April 2, 2015.  From that cash flow, salaries amounting to $709,000, or more than $6,800 per apartment, were paid to manage 104 apartments for one year.  The amounts paid for salaries is more than 433% above the national average as documented by the National Apartment Association.

4.    The victims of these reported crimes are the citizens of Taylor by unlawful harm of their Taylor Housing Authority (THA) which is a non-profit corporate citizen and body politic of the Taylor municipality.  THA’s purpose is to provide an essential service to citizens who are least able to afford harm.

5.    The Taylor Housing Authority, by law, Texas Attorney General published opinion, and by determination and confirmation through multiple Texas legal cases is a municipal government unit that is a division of the Taylor municipality.

6.    Texas Penal Code, Chapter 31 states:  “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” 

7.    Money is defined by Texas law to be property and each time rent is collected, from the stolen properties, it is an unlawful act.   The properties were illegally transferred properties.  The THA properties were meant to serve the community and the cash flow money property is unlawfully taken to enrich those who now receive that rent money.

8.    The property is alleged to be stolen, as documented by the Taylor City Attorney, and the location of all the real estate property involved is known and fixed, it cannot be reasonably moved.

9.    Title 1. Texas Code of Criminal Procedure, Chapter 47. Disposition of Stolen Property. Art. 47.01 states:

SUBJECT TO ORDER OF COURT.  (a)  Except as provided by Subsection (b), an officer who comes into custody of property alleged to have been stolen shall hold it subject to the order of the proper court only if the ownership of the property is contested or disputed.

10.  According to the statute cited in paragraph 9, the Taylor Police Department (PD) has the authority to seize the stolen property and maintain custody until the criminal and civil lawsuits are resolved.  The assets require maintenance and operation and Taylor PD could place the property with the THA for management and keeping until the matter is legally resolved.

Statutes of Limitations:

1.    Since the rent is unlawfully collected, presumably each month, the theft crime occurs each month as the lawful owner of the rent is deprived of that unlawfully collected money property.

2.    The THA civil suit claims the crimes have been committed by the Executive Director for the Taylor Housing Authority beginning in 2008.  A person acting under contract as the Executive Director is legally a public servant.  Less than 10 years has elapsed since 2008.  Theft crimes, unlawfully depriving the owner, were committed, as documented by HUD and the Taylor City Attorney, from 2008 through the most recent rent collection.

3.    Texas Criminal Code, Title 41, Chapter 12, LIMITATION indicates the reported crimes were committed within the 10 year limitation for theft by a public servant:

(2)  ten years from the date of the commission of the offense:

 (B)  theft by a public servant of government property over which he exercises control in his official capacity;

(C)  forgery or the uttering, using or passing of forged instruments;

I request you investigate and appropriately pursue these reported felony violations and actions to restore the property of the Taylor Citizens.

Tom Mowdy

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"Corruption in our courts and government will not be stopped by those at the top, they benefit too much.  It can only be stopped from the bottom, by each voter becoming informed and holding city and county elected officials responsible.

Tom Mowdy   -  Like my Facebook and get automatic updates -  SEE LINK BELOW

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