303 N. Washington Avenue
Marshall, TX 75670
watts.larry@gmail.com | (903) 930-2071
March 26, 2025
April 6, 2025
Office of the Attorney General of Texas
P.O. Box 12548
Austin, TX 78711-2548
Via: General Contact Form | State of California - Department of Justice - Office of the Attorney General
Subject: Complaint Regarding Criminal Withholding of Public Records, Insurance Fraud, Criminal Conspiracy to Defraud, Engineer Misrepresentation & Coordinated Obstruction – City of Marshall, Continental Casualty Company (“CNA”), Casey Slone, and Bockmon Agency.
Dear Office of the Attorney General of Texas,
This complaint requests your intervention regarding a construction project undertaken by the City of Marshall, Texas, in February 2024 to replace downtown sidewalks, utilizing contractor Casey Sloan Construction, LLC (insured by Continental Casualty Company “CNA”). The actions of the City of Marshall, Casey Sloan, and CNA demonstrate a coordinated effort to conceal liability for property damage at 303 N. Washington Avenue, caused by Casey Sloan’s work. This includes:
1. Criminal withholding of public records
2. Insurance fraud and criminal conspiracy to defraud
3. Fraudulent engineer misrepresentation.
This obstruction follows a similar pattern of concealment and delayed response experienced by Paige Yohn at 304 N. Washington Avenue, whose building was also damaged by Casey Sloan. Despite being public information, both the City of Marshall and Casey Sloan refused to provide Ms. Yohn with Sloan’s insurance details, ultimately forcing her to file a lawsuit for damages, for which she has since been compensated. Unlike Ms. Yohn, I lack the resources for such legal action and seek the Attorney General’s assistance in enforcing transparency and accountability.
Casey
Sloan subsequently damaged our building at 303 N. Washington Avenue.
· City of Marshall and Contractor Casey Sloan engaged in a pattern of delayed response indicating they are discussing resolution and will follow up, however, time continued to pass with no follow-up.
Contractor Casey
Sloan caused even more significant damage to 303 N. Washington Avenue and
followed the same pattern of delayed responses and/or commitments for
resolution.
· I pursued insurance information of the responsible party for some assistance in repairing the damages caused by Casey Sloan Construction.
· City of Marshall Texas continued the pattern of delay and did not provide the information without extensive follow-up outlined in the attached email string, finally when they were confronted by the question of public record they provided the document.
Contractor Casey
Sloan advised Continental Casualty Company (“CNA”) insurance not to report or
accept the claim. When I called to
report the claim, to the point of contact on the Accord insurance form, they
already knew my name.
· See the attached email string where CNA local insurance department refused to accept or report my claim without Casey Sloan’s permission.
Once claim was
reported it went through 4 adjusters before beginning to be addressed:
· 04/16/2024 adjuster Jaclyn Miller contact
· 04/19/2025 Re-assigned to adjuster Jennfer Williams, without notification. (04/19/2025 Auto reply received that Jaclyn was no longer working for CNA.)
· 04/23/2024 Re-assigned to adjuster Ataya Woodard
·
04/28/2024 Important email sent to Adjuster
Ataya Woodard. (Email,
Exhibit1, Exhibit2,
Exhibit3, Exhibit4,
Exhibit5, Exhibit6)
· 05/01/2024 Email sent to the adjuster Ataya Woodard requesting response or acknowledgement of 2 prior emails sent to her, including the one above.
o 05/02/2024 another Re-assignment per email from adjuster Ataya Woodard. Adjuster Ataya Woodard would not disclose when the claim was re-assigned or respond further.
· 05/08/2024 Email from current adjuster Shari Bradix.
Continental
Casualty Company (“CNA”) notified me they hired Forensic Engineer JS Held on
May 8, 2024
· 06/27/2024 - CNA received their Forensic Engineers Report dated 06/27/2024.
o Per a revised Forensic Engineer report dated July 23, 2024
§ “SUPPLEMENTAL SCOPE”
· “Subsequent to J.S. Held’s initial report, CSC provided additional emails and photographs from Mr. Casey Slone (owner of CSC) and Mr. Eric G. Powel, P.E., the Director of Public Works & Utilities for Marshall, Texas. J.S. Held was requested to determine if any of the information contained in these photographs or emails altered any of the conclusions outlined in J.S. Held’s initial report.”
o Note a portion of the email quotes in the supplemental report, “Eric, may I respectfully ask...The insurance adjuster's main question is…..” indicating collaboration was taking place between the insurance adjuster for CNA, Casey Sloan Construction and City Engineer and Director of Public Works & Utilities, Eric Powell, to have their engineer, JS Held’s report altered.
·
07/23/2024 CNA receives their Forensic Engineers
Revised Report dated 07/23/2024, indicating:
o In
an email (date unknown, withheld from public records request) from Casey
Slone to Mr. Powell, Mr. Slone asked the following:
“Eric, may I respectfully
ask...The insurance adjuster's main question is, was there evidence you found
where CSC or our sub caused the damage to the sewer line? I told her, my
understanding was that after your review, there was none and that is why the City chose to make the necessary repair,
plus, add the double cleanout for his and the City's future use. The truth was
the issue that caused "backup" was due to someone inadvertently
sticking the 4" into the 6" pipe thus is where the "backup"
was. I guess if the above is correct, could you simply answer yes o no
please? Just trying to get her needed information to hopefully close out the
Larry Watts issue. If this does not make sense please
let me know. Thanks in advance.”
o In
response, Mr. Powell replied with the following:
“OI [sic] didn't
see any specific damage to the sewer pipe when it was exposed. As far as why the pipe was not flowing we
didn't find anything specific but the section where the 4" was pushed into
the 6" could have certainly created a snag point. The City
decided to repair it while we were there and had it exposed. The owner at 305 decided to replace the
section into his building as well.”
o
SUPPLEMENTAL DISCUSSION and ANALYSIS
Based on the
location of the break with respect to the new storm drainage pipe, and without
additional information to indicate otherwise, the correlational evidence seemed
to indicate that the break in the sewer line and installation of the new
stormwater drain were causally related. Further, the
fracture in the sewer line, as depicted in Mr. Watts’ photographs in J.S.
Held’s initial report, was still in situ and had not been separated out for
better viewing. However, in the recently provided photograph of the condition
removed from the earth, it could be clearly seen that a smaller pipe had been
inserted into a larger pipe, which was the cause of distress, as described in
the emails between Mr. Slone and Mr. Powell. Further, in those emails, Mr.
Powell stated that the City had decided to repair the condition when it was
exposed. As such, it appears that CSC did not damage the sanitary sewer line
and that any such damage was repaired by the City.
VISUAL DETAILS
regarding the broken pipe outlined in following links:
·
(Engineer photos,
supplemental photo review,) and
·
(Work process
photos.)
§ Key
information, the portion of the pipe depicted in Sloan’s email, was at the
junction of the 4” to 6” connection as seen in the Engineer report Figure 2.
·
You will notice:
o A
clean line where they began to cut this junction out for replacement, not due
to any prior or existing damage, however, to connect the replaced 4” cast iron
pipe to the existing 6” connection.
Closely observe, there was no practical way to connect the 4” PVC pipe
to the existing 6” pipe without removing this junction.
o There
are no signs of ANY of the “situ,” referenced by CNA Engineer on page 5 of his
supplemental report, in the misleading photos submitted by
Continental Casualty Company (“CNA”), General Contractor Casey Sloan and City
Engineer and Director of Public Works & Utilities, Eric Powell.
§ You
can view the photos of the pipe break here,
compare them to the photos submitted to CNA Engineer in Figure 1.
·
The portion of the pipe submitted by
Continental Casualty Company (“CNA”), General Contractor Casey Sloan and City
Engineer and Director of Public Works & Utilities, Eric Powell to CNA’s
engineer is not the portion of the pipe damaged by Sloan construction.
· You will See the proximity of this 4” to 6” junction location photos submitted by Continental Casualty Company (“CNA”), General Contractor Casey Sloan and City Engineer and Director of Public Works & Utilities, Eric Powell in the revised Engineering report Figure 2.
o This junction is clearly at the street, NOT at the location of the break under the opposing side of the contractors installed storm water drainage pipe as exhibited in J.S. Held’s 06/27/2024 initial report Appendix C photos 2 and 4 and here.
· I lived at 303 N. Washington Avenue for 27 years with this 4” to 6” transition point in place, this was not a defect or attributed to the situation in any manner. You will find a work order in the Public Information request for a different address where they used 4” to 6” junctions. Additionally they attached the newly installed 4” PVC to 6” junction by inserting the 4” pipe into the 6” existing pipe with a rubber boot around the intersection. This configuration has and will continue to function flawlessly throughout downtown Marshall Texas and was not the cause of the “broken” pipe as seen in the initial Engineer report and here.
§ It is impossible that this junction caused the broken pipe, packed with mud, directly adjacent/under the contractors newly installed storm drainpipe. Casey Sloan’s subcontractor who installed the storm water drain pipes knew what happened and told me Sloan Construction told him the sewage drained out the back of the building, not to the street in front of the building.
· Photos submitted by CNA, Casey Sloan Construction and City Engineer and Director of Public Works & Utilities; Eric Powell are not of the portion of the pipe that was broken when uncovered.
o All the cast iron pipe that was removed was removed in such a manner, partially cut and broken into sections for removal and replacement. The pipe photo they submitted was unaffected, and notably still clean with no obstructions, this is the case because this portion of the pipe was not related, it was not the cause, source or issue.
§ I have a recording of City Engineer and Director of Public Works & Utilities, Eric Powell’s onsite discussion during the repair process available for review, this information that was submitted to J.S. Held is deceptive and fraudulent.
· See attached 09/07/2024 Roto-Rooter inspection findings, “Ran camera found break in line will send estimate.”
o Summary:
§ The original engineering report concluded
that the damage was caused by Casey Sloan Construction.
§
Photographs clearly show a break in a
straight run of pipe, packed with mud, "situ".
· The reversal was made based on CNA, Casey Sloan and Eric Powell’s fabricated explanation of events.
· July 3, 2024, July 12, 2024 I requested a copy of the Engineer Report.
· 8/27/2024 I received a copy of the engineer reports.
City Engineer and Director of Public Works & Utilities, Eric Powell, previously advised businesses reporting damage to their properties by Casey Sloan, that he could not be involved in commenting or assessing damages caused or not caused by General Contractor Casey Sloan.
· However, emails referenced in Engineer JS Held’s revised report suggest collaboration with Sloan and CNA regarding my property damage.
o I did note the way in which Casey Sloan and Eric Powell framed the “email” discussions.
Request
for Public Records:
·
On September 09 and 06, 2024 I requested copies of the communications from City Engineer and Director of
Public Works & Utilities, Eric Powell.
“Good afternoon, Eric,
I'm in receipt of the engineering report
from the insurance company.
It is my understanding that you provided
information to the engineer and insurance company regarding the damages to the property located at 303 N. Washington Avenue.
Please forward me a copy of all correspondence you submitted to the engineer, insurance
company and/or Casey Sloan regarding the damages at
303 N. Washington Avenue for my file.
Thank you so much for your help in this matter.
Larry”
§ My requests for copies of communications from Mr. Powell regarding this matter (September 6 and 9, 2024) were denied. Eric Powell stated I would need to make a formal request through the City Secretary.
·
On Sept 12, 2024, I formally submitted a
written open records request. The City acknowledged it.
o “Copies
of all correspondence, both relevant and irrelevant, related to the damages
incurred at 303 N. Washington Avenue during the sidewalk construction process.
Please provide copies of any and all correspondence (text, email, letter, etc.)
involving Eric Powell or any other city official or representative, as well as
Casey Sloan, Casey Sloan's representatives, Casey Sloan Construction, Casey
Sloan's Insurance Company, and the Engineer hired by Casey Sloan's Insurance
Company. This includes both incoming and outgoing correspondence related to
this matter.
Additionally, please provide any correspondence, incoming or outgoing (text, email, letter, etc.) that mentions, refers or implies to myself or 303 N. Washington Avenue, regardless of subject, to and from any and all city personnel including Terrell Smith..”
·
On
December 12, 2024 I received the information from the
public records request, note the
information provided highly irrelevant to the request.
In
Summary:
·
Fraudulent Misrepresentation Facilitated by
CNA insurance, Casey Sloan and Eric Powell, PE Reversed Liability (Fraudulent
Engineering Influence)
o
“OI [sic] didn't see any specific damage to
the sewer pipe when it was exposed. As far as why the
pipe was not flowing we didn't find anything specific
but the section where the 4" was pushed into the 6" could have
certainly created a snag point. The City decided to
repair it while we were there and had it exposed. The owner at 305 decided to replace the
section into his building as well.”
o CNA
insurance, Casey Sloan, and Eric Powell, PE, colluded to reverse liability
based on false statements and manipulated evidence regarding the cause of the
sewer line damage. Powell’s statement of "no specific damage"
contradicts photographic evidence and the initial engineering report.
§ The original engineering report concluded
that the damage was caused by Casey Sloan Construction.
§
Photographs clearly show a break in a
straight run of pipe, packed with mud.
§ There
is photographic evidence, and the Forensic Engineers own report contradicts
Powells statement.
o
False statements:
Powell claimed "no specific damage" to the sewer line, despite
photographic evidence of a mud-packed break under Sloan’s storm drain.
o Conflict of interest: As a city official, Powell apparently aided Sloan/CNA in
shifting liability to the city or property owner.
§ Evidence of collusion: CNA adjusters, Sloan, and Powell collaborated to revise JS Held’s engineering report based on falsified claims (e.g., blaming a preexisting
4"-to-6" pipe junction instead of the actual break near the storm
drain).
· Documented Harassment, Retaliation and Willful Endangerment by Casey Sloan:
o 04/26/2024 After filing my claim, Mr. Sloan engaged in intimidating behavior as outline in my letter police and city manager.
o May 30, 2024, approximately 1:30 PM Casey Sloan came to our office and removed City-funded Walk board leading from the front main level offices, without prior notice or discussion. Ms. Gwen Volk and her Executive Assistant were inside the office at the time and were also unaware of his actions. This unauthorized removal of the walk board could have resulted in a serious injury, especially considering it occurred during business hours of May 30th. Thankfully, we noticed what had happened before Gwen or her assistant left and potentially fell through the plastic, which could have caused significant injuries. Additionally, this occurred despite severe weather warnings being in effect.
§
These actions are consistent / mirror Casey
Sloan’s conduct at 304 N. Washington Avenue in March 2024 which resulted in a
restraining order.
I have exhausted all other avenues for resolution. Firms like Morgan and Morgan, after reviewing my documentation, expressed interest but declined representation due to the assessed property damage amount. The events at 303 and 304 N. Washington are not isolated incidents but a pattern of misconduct.
I respectfully request the Attorney General's assistance in addressing this matter by:
·
Referring this matter
to the Open Records division for immediate disclosure of all previously
withheld public information. (§§ 552.3215, 552.353)
o 304 N Washington was blocked from filing a claim by City Engineer and Director of Public Works & Utilities, Eric Powell and the city’s General Contractor Casey Sloan, resulting in a lawsuit against Casey Sloan Construction.
o 303 N Washington was stonewalled in the same manner by City Engineer and Director of Public Works & Utilities, Eric Powell, the city’s General Contractor Casey Sloan and CNA Insurance Company.
o After
my repeated request, CNA insurance provided me with a false scope of their
engineer’s forthcoming inspection.
§ This prejudiced my ability to determine the need of obtaining my own independent engineer, retain relevant evidence and/or document damages.
§ They also played this in a manner that initially jaded CNAs Engineer regarding us and our actions as an attempted cover up.
·
After receiving CNA’s advised scope of repairs we then started urgent repairs that were outside of
the provided scope of CNA’s advised inspection.
o We received an email from CNAs engineer that “I was just informed by CNA that someone is starting repairs on this property (303 North Washington, Marshall, Texas), and I need them to stop until I am able to look at it.” Apparently, CNA reported us to their engineer for interfering with his inspection, when we were doing repairs outside the scope his inspection. Later we found out the scope they provided to us was substantially different then the scope they provided to them.
o I had to exhibit the email trail with CNA to the engineer before he understood we were not trying to interfere, rather cooperate with his investigation. That is why we requested, multiple times, to know the scope of his inspection to be sure everything he needed so see was preserved.
§ When
you read the email chain you will clearly see deceptive and unfair business
practice.
o CNA insurance collaborated with their insured Casey Sloan Construction and City Engineer and Director of Public Works & Utilities, Eric Powell to seek revisions to their own Engineers completed and final report. They successfully had a portion of the report modified with fraudulent and manipulated evidence.
o There is an abundance of documentation exhibiting bad faith, fraud, deceptive trade practices, intimidation and harassment available for review.
o TDI investigation into CNA's claim suppression (§541.060)
o PE Board review of Powell's fraudulent statements.
Key Contact Information:
·
City Engineer and Director of Public Works
& Utilities, Eric Powell, PE:
o City of Marshall
o PO Box 698
o Marshall, TX 75671
o (903) 935-4489 | Powell.Eric@marshalltexas.net
·
Casey Sloan Construction, LLC:
o 7128 W Interstate 20 Service Road N
o Hallsville, TX 75650
o (903) 503-3733 | casey@caseysloneconstruction.com
·
Bockmon Insurance:
o 450 E Loop 281 STE C1
o Longview, TX 75605
o (903) 234-8505
·
Shari L. Bradix, CRIS, Managing Claims
Consultant, CNA Construction Defect Claims:
o P.O. Box 8317
o Chicago, IL 60680-8317
o Tel. (415) 932-7213 | Shari.Bradix@cna.com
o Fax:(866) 622-7517
o Toll: (800) 262-7161
·
JS Held Engineering:
o 480 Wrangler Dr, Ste. 300
o Coppell, TX 75019
o 469-993-1261
Supporting Documentation: (Note: Supporting documentation is linked throughout
the body of this document. The following
include some of those items a few more.)
·
Damages:
o https://www.contractordamages.com/
·
Related News Articles:
o May 1, 2024 Marshall News Messenger
Article – Lawsuit filed against construction company over downtown Marshall
project.
o May 3, 2024 Marshall News Messenger
Article – Complaints detail issues during downtown Marshall project
·
Engineer Reports:
o 06/27/2024
CNA JS Held Engineer Report
o
07/23/2024
CNA JS Held Engineer Report
§
The
original engineering report concluded that the damage was caused by Casey Sloan
Construction.
§ Photographs
clearly show a break in a straight run of pipe, packed with mud,
"situ".
§
Engineer
photos, supplemental photo review,
·
Videos:
o Casey
Sloan Maliciously removes scrap bricks holding mitigation
plastic in place before a storm.
o Roselle
Watts mitigating water damage during a nightly thunderstorm.
·
Photographic & Other Evidence:
o Photos of Pipe Break (Referenced in the body of the letter)
o Roto Rooter Receipt - Provided to Eric
Powell on 04/09/2024
o Requested Records from Eric
Powell
o CNA
refusal of claim without Casey Sloan’s permission to file
o Responsible
Insurance Information
o Letter to City Manager
and Police about Sloan Conduct
Please let me know of any additional information needed.
I have exhausted all professional means of resolution and now turn to your office as my final recourse. Thank you for your time and attention to this critical matter.
Sincerely,
Larry Watts