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updated: 3/13/2018 1:34 PM

Second lawsuit argues Dundee Township park president committed fraud, breached duty

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  • Frank J. Scarpelli Jr. is being sued by the Meadowdale Shopping Center corporation, which argues he breached his fiduciary duty while managing the center's day-to-day operations.

    Frank J. Scarpelli Jr. is being sued by the Meadowdale Shopping Center corporation, which argues he breached his fiduciary duty while managing the center's day-to-day operations.

 
 

The Dundee Township park board president faces a second lawsuit accusing him of fraud and breach of fiduciary duty.

The Meadowdale Shopping Center corporation has sued Frank J. Scarpelli Jr., arguing he diverted rent funds, charged personal items on company accounts and overcharged the center for materials and supplies while managing day-to-day operations until he was fired in February 2015.

"The defendant engaged in a variety of schemes whereby he either converted monies that were the property of plaintiff and/or misused the plaintiff's employees or monies," read part of the lawsuit.

The lawsuit doesn't contain exhibits to back up Meadowdale's claims.

The suit argues Scarpelli had Meadowdale employees work on his personal projects, billed Meadowdale for work done for Scarpelli's other family members, and had Meadowdale charged for insurance premiums others should have paid for.

"(The) ongoing investigation continues to ascertain the scope of losses," continued the suit. "It is believed that the amount in controversy herein will exceed $500,000."

Scarpelli, of East Dundee, could not be reached for comment and is not currently represented by an attorney; Marios Karayannis, the attorney for Meadowdale, did not return a phone message.

Scarpelli, grandson of Carpentersville developer Leonard Besinger, has not been charged with any criminal wrongdoing.

Scarpelli's cousin, Anne Marie Poincelet, of Chicago, also has sued him for breach of fiduciary duty.

In 2015, Poincelet sued Scarpelli, outlining a 20-year scheme to siphon some $2.8 million from trusts dedicated to Poincelet and her mother, Pamela Poincelet, who is Scarpelli's late aunt.

Poincelet argues Scarpelli's pending divorce in Kane County -- Margaret Scarpelli filed in fall 2017 -- is a means to divide up marital assets that contain stolen money from Poincelet's trusts, and the divorce should be put on hold until the lawsuit in Cook County is resolved.

Poincelet's suit also argued Scarpelli siphoned money from managing apartment properties owned by Poincelet and her aunt; the Meadowdale lawsuit outlined similar allegations against Scarpelli.

Earlier this year, Kane County Judge Rene Cruz denied Poincelet's request for Cruz to put a halt to the divorce proceedings until the Cook lawsuit could be resolved.

Poincelet's lawyer Amy Doehring wants Cruz to revisit the issue, arguing financial statements and emails that support their case should have been considered by the judge. Doehring wants a hearing to establish the "authenticity and admissibility" of their exhibits.

"Anne Marie believes the court would have reached a different decision on the motion to stay (the divorce) if the court had the opportunity to review the exhibits attached to the motion," Doehring argues in court papers.

The divorce case is due in court April 18, records show, and the Meadowdale lawsuit is due in court May 23.

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