Man sues Minutemen over fence (Simcox sued by Donor)

Herald/Review ^ | May 30, 2007 | Jonathan Clark

[Anti-Bubba182]

BISBEE — A man who mortgaged his home in order to help the Minuteman Civil Defense Corps build border fencing on private land in Cochise County is suing the group and its president, Chris Simcox, for fraud and breach of contract.

In a complaint filed May 22 in Maricopa County Superior Court, Jim Campbell, a retired homebuilder and Air Force veteran from Fountain Hills, accused Simcox and the MCDC of falsely promising to build a multi-layered Israeli-style security barrier on the Palominas ranch of John and Jack Ladd.

Campbell alleges that, after hearing the MCDC publicize the plan in April 2006, he had three telephone conversations with Peter Kunz, project manager for the effort, in which Kunz promised the Israeli-style barrier would be built along 10 miles of the Ladd ranch.

Encouraged by the plan, Campbell says he took out a loan on his home and donated $100,000 to the project on May 22, 2006, with the stipulation that it be used to purchase steel tubing for the Ladds’ fence. However, by the May 27, 2006, groundbreaking, the Ladds had rejected the double-layered, 14-foot barrier in favor of a traditional range fence. “To date, MCDC has not constructed any ‘Israeli-style’ border fencing on the property where the groundbreaking ceremony took place, in breach of agreement between it and Campbell,” the complaint states.

Campbell says he asked for his donation back, but Simcox told him the money would be used to build an Israeli-style barrier along 9/10 mile of Richard Hodges’ border-front ranch in Bisbee Junction.

Instead, Campbell alleges, the money was diverted to other MCDC projects and affiliated groups, while work on Hodges’ fence languished.

Campbell is asking for a total of $1,220,845 in damages and reimbursements from Simcox, the MCDC and Kunz. His suit also names Diener Consultants, a Chicago-based fund-raising organization that has played a central role in the fence-building campaign, and the MCDC-affiliated Declaration Alliance, a Virginia-based charity founded by conservative activist Alan Keyes............"

[Anti-Bubba182]

If Campbell does get a judgement on Simcox and crew, and he should, I don't see how he collects. That is a shame.

They made a very big deal out of this man's generous sacrificial donation. They took his money and screwed him.

[Anti-Bubba182]

ping

[r9etb]

They made a very big deal out of this man's generous sacrificial donation. They took his money and screwed him.

The lesson being: beware of men who talk big and play to the latest hysteria. Their goals are a) probably not the same as yours; and b) probably not the ones they state in public.

Over the past few months I've seen a similar situation from a lot closer than I'd like. It's an amazing thing -- not just the duplicity of the "messiah figure," but also the fierce loyalty with which he's defended by his true believers.

[Anti-Bubba182]

Defendant List:

Case Information
Case Number	CV2007-051492	Judge	Arbitration 01 | Jones
Case Type	Civil
File Date	5/22/2007	Location	Northeast

Party Information
Party Name	Rel	Sex		Attorney
James H  Campbell	Plaintiff	Male		Pro  Per
Minuteman Civil Defense Corps Inc	Defendant			Pro  Per
Diener Consultants Inc	Defendant			Pro  Per
Declaration Foundation	Defendant			Pro  Per
Declaration Alliance	Defendant			Pro  Per
Chris   Simcox	Defendant	Male		Pro  Per
Alena   Simcox	Defendant	Female		Pro  Per
Phillip   Sheldon	Defendant	Male		Pro  Per
Kathleen   Sheldon	Defendant	Female		Pro  Per
Peter   Kunz	Defendant	Male		Pro  Per
Joann   Kunz	Defendant	Female		Pro  Per
Mary Parker  Lewis	Defendant	Female		Pro  Per
Marlo   Lewis	Defendant	Male		Pro  Per

Case Documents
Filing Date	Description	Docket Date	Filing Party
5/22/2007	COM - Complaint	5/23/2007	Plaintiff(1)
5/22/2007	CCS - Cerificate Arbitration - Subject To	5/23/2007	Plaintiff(1)
5/22/2007	AMC - Amended Complaint	5/23/2007	Plaintiff(1)

Case Calendar

There are no calendar events on file

Judgments

There are no judgments on file

[AuntB]

Over the past few months I've seen a similar situation from a lot closer than I'd like. It's an amazing thing -- not just the duplicity of the "messiah figure," but also the fierce loyalty with which he's defended by his true believers.

It's hard to tell if you're talking about Simcox or Bush here. In both cases the respective shoes fit.

[Cacique]

He would have been better off investing his money in getting the government to enforce the laws they have on the books. It's not fences that will protect this country, it is prosecutions and imprisonment of those who hire illegals and create a magnet for them to come here. Pure greed is what is driving this and nothing more.

CALL! CALL! CALL! CALL! AND KEEP CALLING TILL THE LINES FRY!

WRITE! WRITE! WRITE! WRITE! TILL YOU RUN OUT OF INK IN YOUR PEN!

Bombard the Democrats as well, especially the ones that ran on an anti illegal immigration plank and the ones in marginal districts who could be vulnerable. keep pounding on them.

STOP AMNESTY NOW!! WE CAN DO IT!!

The best way to stop Shamnesty

[Just mythoughts]

TOOOOOOO bad we the citizens of these US cannot sue for breach of contract for the constitutional responsibility of those we hire (elect) so private citizens are not put in the positions of doing what supposedly a constitutional agreement with this republic was all about, protections of its citizenry!!!!!!

[r9etb]

Simcox and somebody else, actually.

[ScottfromNJ]

“If Campbell does get a judgement on Simcox and crew, and he should, I don’t see how he collects. That is a shame.”

Seems it was the Ladds who rejected the Israeli style fence that Simcox had intended on building.

[CharlesWayneCT]

That is true, and I don’t fault them for not being able to build the fence. But if the gift was conditioned on building that fence, they should have returned the money or tried to work out a new agreement, not just spent the money elsewhere.

That presumes that the donor is correctly stating the facts, or course, which I don’t know.

[Bob J]

“It’s an amazing thing — not just the duplicity of the “messiah figure,” but also the fierce loyalty with which he’s defended by his true believers.”

You haven’t seen the Keyes organization...

[Bob J]

I doubt he would have proceeded with the lawsuit if he hasn’t been advised properly by an attorney.

[PAR35]

Anyone who would take out a $100,000 mortgage and give the money away probably shouldn’t be making their own financial decisions.

[PAR35]

The Illinois fiasco should have cured any remaining Keyes supporters.

[Bob J]

The article doesn’t indicate he couldn’t afford it. It does say he believes he was cheated.

[Bob J]

When pork takes to the air...

[r9etb]

That is true, and I don’t fault them for not being able to build the fence. But if the gift was conditioned on building that fence, they should have returned the money or tried to work out a new agreement, not just spent the money elsewhere.

It sounds to me like a typical cash-flow temptation sort of problem. Simcox has all kinds of plans and ideas that need money, and there's that nice, juicy $100k just sitting there, and hey ... you can spend the money now, on what you want, and make it up later with future donations.... which, of course, will never seem to make it back into that particular money hole.

As I said above, it reminds me a lot of a situation I've been seeing from close range. I can see how Simcox could get himself into this particular kind of ditch.

[Anti-Bubba182]

It was not a good idea but it was his money. He was very committed to the project. In fact much was made of the fact he mortgaged his property to raise the money by MCDC to encourage sacrificial giving in others.

Simcox et al. did not perform per the claimed stipulations for the gift and did not return the money.

[ozzymandus]

That’s what I was thinking.

[gubamyster]

ping