HOA election manipulation could become serious crimes

Started by RogerJ1 • 8 replies • 285 views

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RogerJ1 (Texas)
Posts: 550

Posted:

Based on something happening in my POA, I researched election fraud in HOA, finding this informative article. It jumped out at me for both how serious the crimes can be, multiple felonies, and how it read from first to last word as if it was describing my association from motive, to trends, to how human nature works.

I think this is an informative read, because as it explains it motivated by a pattern of control versus material gain, and the actors, while they should know what they are doing is wrong, probably do not realize how serious it can become as that get deeper into their desire for control:

https://www.hoaleader.com/public/HOA-Officers-Convicted-Election-Rigging.cfm

The article goes over how frequent this occurs and how it mostly follows the same pattern. The base of the article is about two board members who voted made-up proxies for lot owners who did not vote and for that they were convicted of: "They were found guilty May 23 after a four-day trial—Cowher of all 217 counts against him involving forgery, identity theft, criminal attempt, criminal conspiracy, tampering with records, and criminal use of a communication facility. Kupershmidt was convicted of a mere 190 counts. Sentencing is scheduled for Aug. 4."

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Cheaters cheat no matter the system in place.

SheliaH (Indiana)
Posts: 6,964

Posted:

Interesting article - thanks for the link.

As John said, cheaters will find a way to cheat, regardless of the system. Just think of all this controversy these days over "voter suppression" - not a tissue of evidence, and yet these legislators will claim (with a straight face) that the only way to ensure the integrity of the election is to make it as difficult as possible to keep others from voting (especially the ones who are unlikely to vote for them anyway). So much for doing your best and letting the voters decide.

This is part of the reason we get the governments we deserve, and I'm not just talking about HOAs. If you don't pay attention or fall for whatever BS people yap about and don't ask questions, let alone apply critical thinking, it's easy for people to mess around with the proxies, ballots, quorums, not informing everyone of the annual meeting or the board meeting, or pulling whatever else comes out of the poop chute they think they can pretty up to make it look like chocolate mousse (my apologies if anyone's reading this during the dinner hour).

All of that said, I don't know how many prosecutors would pursue this kind of case - in addition to the "proxies," I suspect there was some funny with the association money that prompted the state police to get involved. That doesn't mean it can't be pursued - proxies are legal documents after all, and there should be a penalty if they're misused.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By SheliaH on 03/08/2022 2:59 PM
Interesting article - thanks for the link.

If you don't pay attention or fall for whatever BS people yap about and don't ask questions, let alone apply critical thinking, it's easy for people to mess around with the proxies, ballots, quorums, not informing everyone of the annual meeting or the board meeting, or pulling whatever else comes out of the poop chute they think they can pretty up to make it look like chocolate mousse (my apologies if anyone's reading this during the dinner hour).

Based on that article it seems the normal pattern, is seeking control, justifying acquiring the control, then doing worse and worse things. My point in sharing that is the realization how serious these crimes could be. I could not find a follow-up but I assume those convicted in that article went to prison - I doubt you could escape prison if if no record if you are convicted of multiple felonies. I was shocked it would be so serious but in hindsight it makes sense - identity theft, forgery, fraud etc. and each of those felonies times how many ballots the actor used to do those acts. It should be sobering to anyone finding themselves on that path.

MaxB4
Posts: 3,513

Posted:

You really think they went to prison?

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By MaxB4 on 03/08/2022 5:18 PM
You really think they went to prison?

The article reported: "They were found guilty May 23 after a four-day trial—Cowher of all 217 counts against him involving forgery, identity theft, criminal attempt, criminal conspiracy, tampering with records, and criminal use of a communication facility. Kupershmidt was convicted of a mere 190 counts. Sentencing is scheduled for Aug. 4."

200+ counts of various felonies. Minimum sentencing would be several prison years I would think.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By MaxB4 on 03/08/2022 5:18 PM
You really think they went to prison?

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By MaxB4 on 03/08/2022 5:18 PM
You really think they went to prison?

Just checked the convicted name and found:

DINGMANS FERRY — Myron Cowher, 53, was sentenced to state prison for a scheme to fix an election in the private community of Wild Acres Lakes in Delaware Township, District Attorney Ray Tonkin announced Monday.
Dimitry Kupershmidt was previously found guilty on numerous charges related to the scheme.
Judge Gregory H. Chelak sentenced Cowher to a term of 1 1/2 years to 4 years in a state correctional facility and fined $10,850.
Cowher was previously convicted 217 counts charged against him relating to forgery, identity theft, criminal attempt, criminal conspiracy, tampering with records, and criminal use of a communication facility. At the time of the offenses, Cowher was the secretary on the board of directors and Kupershmidt was the chairman of the board.

http://www.pikecountycourier.com/news/local-news/myron-cowher-sentenced-to-state-prison-for-election-fixing-scheme-HWPC20160817160819952

And he started his sentence in poor health:

https://casetext.com/case/cowher-v-pike-cnty-corr-facility?resultsNav=false

On May 23, 2016, Plaintiff Myron Cowher began a period of incarceration at Pike County Correctional Facility; serving a sentence for criminal convictions. (Doc. 29, ¶ 25). Prior to his incarceration, Cowher "suffered serious and debilitating injuries which rendered him nearly unable to walk as a result of the pain he suffered." (Doc. 29, ¶ 26). The injuries included disc herniations at C6-C7 and C4-C5, a bulging disc at L5-S1, spinal cord distortion, and severe narrowing of the spinal column, and required adjournment of Cowher's criminal trial for a medical consultation. (Doc. 29, ¶¶ 27-28).

SheliaH (Indiana)
Posts: 6,964

Posted:

In some states, there are alternate sentencing programs where a defendant agrees to a plea agreement that may toss some of the convictions or reduce the severity of the charges, such as reducing a felony to a misdemeanor, provided he or she complies with all terms of the agreement and doesn't get into any more trouble for the duration. In this case, I suppose the state didn't have a program like this or the crime wasn't eligible for participation - of course 217 felony charges shouldn't be tossed so easily.

That said, I think in most cases prison is more appropriate for violent crimes, but considering the type of white-collar crimes that have come down the pike, some of them can be just as devastating (e.g. a huge hog farm pollutes the well water of neighboring farms, rending the property worthless), it may be this judge was sending a message - there are times when these people need to lose their freedom for a while to drive home the point of the punishment.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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