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Failed recycling center produces a fraud lawsuit

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A New York businessman claims in a lawsuit that individuals long associated with Regency home building and land development companies created a shell company to shield property titles from other investors.

James Taylor, who joined with Regency executives and other investors to form Taylor Recycling Center of Iowa at 1422 E. Scott Ave., said in the suit that the title to the property was transferred to Regency Capital Fund I LLC last year without his knowledge.

Taylor Recycling Center was created to process construction and demolition debris and to provide the remnants as a temporary cover for landfills. It has changed names and is no longer operating.

The lawsuit, filed in Polk County District Court, names as defendants brothers James and Robert Myers, John Gamble, Richard Moffitt, Kurt Pagliai, two other limited liability companies and a limited partnership, all with an interest in the recycling facility, and attorney Timothy Hogan.

The Myers brothers, Gamble and Moffitt have held executive positions with the various development companies that operated under the Regency banner. Hogan has represented the companies and the Myers family in a variety of capacities. Pagliai was a partner in the recycling center.

Taylor said that he attempted to sever his relationship with the recycling center beginning in 2006.

The recycling center later was named Environmental Reclamation and Recycling and remained under the Myerses’ control. It ceased operating in May. Taylor, the Myers brothers, Gamble, Moffitt and Pagliai have been named as defendants in another lawsuit seeking repayment of a $1.6 million loan for the center.

Regency Capital Fund was formed in November 2007 in Delaware; it claimed 14 properties as a lending base for a $26.5 million loan obtained a month later from JPMorgan Chase & Co. The Scott Street property was included in the loan.

That property was transferred to Regency Capital fund without the knowledge of Taylor and other members of his family who also participated in the recycling center partnership, according to the lawsuit.

James Myers signed the loan as president of Regency Capital Fund I LLC.

In his 10-count lawsuit, Taylor and other family members allege that they have been the victims of a conspiracy and illegal transfer of the property.

The lawsuit alleges that Regency Capital Fund was “used to launder numerous properties’ titles to rid them of claims of other owners to create the illusion to other investors of clear titles.”

Among other allegations, the lawsuit said that the Taylor family made repeated demands for the return of the property to another limited liability company, Scott Street Properties, in which they had a 50 percent ownership interest.

“James Myers and Robert Myers have unilaterally sought to control the facility and keep any rents realized from leasing the facility,” the lawsuit said.

The Taylors also allege that Hogan thwarted their attempts to obtain documents necessary to cut their ties with the recycling center while he participated in transferring the Scott Street property to Regency Capital Fund.

Hogan reacted strongly to the lawsuit, saying that his reputation could be tarnished by a “lawsuit containing untrue allegations.”

“The allegations against me are absolutely unfounded. I take my professional and personal ethics very seriously,” Hogan said in an e-mail.

The lawsuit maintains that James Myers signed a lease agreement in late August in which a separate company will pay $13,000 a month for three years and $14,500 after that until the lease expires.

Updated at 1:14 p.m. with comments from Timothy Hogan.