Sports complex builder facing felony charge
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Dave Brooks
The contractor hired to build the second half of the Huntington Beach
Sports Complex turned himself in to Oregon authorities Friday for an
unrelated, outstanding felony warrant.
Attorney Joe O’Connor of Salem, Ore. was wanted on a reported
contempt-of-court violation in connection with a civil lawsuit and
charges that he defrauded a Kalamazoo, Mich. amateur soccer team out
of nearly $800,000, an Oregon arrest warrant shows.
Club owner Chris Keenan filed the suit, alleging O’Connor
abandoned an indoor soccer pavilion project under circumstances
similar to Huntington Beach’s sports complex.
After turning himself in, O’Connor was booked, released and given
a court date to reappear, Marion County Deputy Kevin Rau said.
News of the arrest is the latest in a string of concerns about the
credibility of O’Connor and his company Community Sports Foundation,
which is being sued by the City Attorney’s office for abandoning a
contract to build a pavilion, roller rinks and batting cages at the
Huntington Beach Sports Complex.
City Councilman Dave Sullivan said he is concerned that the city
will never see the $950,000 it gave to O’Connor to build the arena.
Any money recovered from O’Connor has to be first paid back to
Keenan, who has an $800,000 judgment against the Salem attorney.
“The due diligence on this was horrendous,” Sullivan said. “This
is going to be a loss for the city.”
Keenan said O’Connor nearly bankrupted his soccer club with his
plan to build the indoor arena in the spring of 2002. Keenan’s story
is similar to those of others who have worked with O’Connor on failed
arena projects, describing a charismatic soccer enthusiast who
promised to build him a prototype sports facility for team Kalamazoo
Kingdom, only to drop the project after receiving his bulk of the
payment.
“We first became concerned when Joe stopped returning our phone
calls,” Keenan said. “Then one day, I called one his vendors to check
on our order and was told that Joe never paid him any of the money
that we had allocated. That’s when it began to unravel.”
Keenan filed a civil lawsuit in Michigan against O’Connor,
including charges that O’Connor defrauded him out of the money. He
won an $800,000 judgment after O’Connor failed to appear in court.
After the victory, Keenan filed the judgment in Oregon and had
O’Connor subpoenaed to court to disclose his assets. O’Connor never
showed up and a felony warrant was issued in his name.
O’Connor’s arrest could pave the way for Keenan to begin
collecting on his judgment, although he doesn’t expect it to be an
easy task.
“Do I really expect to see any of the money back?” he said. “I
doubt it.”
The city of Huntington Beach has begun its own legal proceedings
against O’Connor for completing only about 40 percent of his $1
million contract. The lawsuit alleges that O’Connor falsified his
references and credentials to get the bid.
His company, Community Parks Foundation, was dissolved in February
for failing to renew its articles of incorporation and his six other
corporations listed on the Oregon Business Registry have also been
dismantled. To get the Huntington Beach contract, O’Connor claimed
his company was a nonprofit, but IRS spokesperson Raphael Tulino said
O’Connor never filed for the tax exempt status.
Councilwoman Jill Hardy said she was interested in possibly
pursuing criminal charges.
“A crime was committed and the company should be pursued,” she
said. “There should be an investigation and the police should be
involved.”
In the meantime, Community Services Director Jim Engle plans to
push ahead with a contingency plan to get the project finished. He
estimates that O’Connor spent about $600,000 of the money he was
given by the city to build the project, including paving the roller
skating rink and installing high-tech Astroturf for the two soccer
fields.
“All they really need to do now is put up a few walls, add the
bleachers, complete the batting cages and set up a modular building
for concessions,” Engle said, noting that most major infrastructural
repairs are completed. Engle hopes to get a vendor on the site soon
to begin generating revenue through the batting cages, and then
eventually bring an operator on the site for the long-term.
The city also plans to look at its own role in approving
O’Connor’s contract. Engle has been unable to locate references
submitted by O’Connor, but said the contract was approved by his
predecessor Ron Hagan, who has not returned phone calls from the
Independent.
City Administrator Penny Culbreth-Graft has ordered an internal
investigation into the matter.
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