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Concord-based developers charged in scheme to bribe Antioch City Councilmember, one denies wrongdoing

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Coffee mug and cash allegedly used in the bribery scheme. Source: U.S. DOJ

Co-founder and son, a company VP, of DeNova Homes

Corporate attorney responds saying company “not implicated”

Target, referred to as “he” and “him”, could be either former Mayor Hernández-Thorpe or Councilman Barbanica

“We are confident the facts will show that Dave is innocent, and that he was unfairly targeted,” – attorney Winston Chan

By Allen D. Payton

On Tuesday, April 22, 2025, the U.S. Attorney’s Office for the Northern District of California issued the following announcement about an indictment for alleged bribery of an Antioch Councilmember by the father and son, former and current, leaders of Concord-based DeNova Homes. The company developed the Aviano new home project in Antioch’s Sand Creek Area and The Pointe at Wildflower Station project overlooking the condominiums near the Hillcrest Avenue/Davison Drive and Deer Valley Road intersection. In addition, the Sansons’ Yellow Roof Foundation is coordinating with DeNova homes to pursue a smaller housing project on the north side of the city,

A two-count indictment was unsealed today charging property developers David Sanson and Trent Sanson with conspiracy and bribery in connection with offering to pay an Antioch City Councilmember $10,000 and later giving the Councilmember a company travel mug with $5,000 in cash, in exchange for favorable treatment for one of their development projects.  The Councilmember reported the alleged bribe to the Federal Bureau of Investigation (FBI).  Both defendants made their initial appearances in federal court this morning.

According to the indictment filed April 3, 2025, David Sanson, 60, of Philipsburg, Mont., is the owner and Chief Executive Officer of a home building and development company based in Concord, Calif., and his son, Trent Sanson, 33, of Walnut Creek, Calif., is the Vice President.  The development company has a number of projects in Antioch and neighboring areas, including the Aviano project, a multi-phase 533-unit residential development project.

Dave Sanson is DeNova Homes’ Co-Founder and CEO Emeritus, and his son Trent Sanson is the company’s Vice President for Land Acquisition & Entitlements. Source: Yellow Roof Foundation

As alleged, the Antioch Engineering and Development Services Division indicated that the development company had not completed all of its required public infrastructure improvements and that Phase 3 of the Aviano project should not be deemed complete or approved by the City Council until those improvements were completed.  As a result, the City of Antioch had not approved the release of bonds secured for the project.  To get the Antioch Engineering and Development Services Division to affirm completion and release the bonds associated with the project, Trent Sanson allegedly contacted an Antioch City Councilmember via iMessage on May 29, 2024, stating that he wanted to discuss with the Councilmember issues that the development company was facing with the Antioch “Engineering department” on a number of projects, including Phase 3 of the Aviano project.

“The indictment describes a video-recorded meeting between the Councilmember and Trent Sanson on June 12, 2024, during which Trent Sanson allegedly stated that he wanted the Councilmember to place on the City Council agenda, and vote in favor of, “acceptance for Phase 3 at Aviano to release the completion and guarantee bonds . . . .”  Trent Sanson allegedly stated that David Sanson was willing to pay the Councilmember $10,000 in exchange for the requested actions.  A second video-recorded meeting took place on June 20, 2024, at which David Sanson allegedly paid the Councilmember $5,000 in cash concealed in a travel coffee mug branded with the logo of the Sansons’ development company.

“This indictment alleges that the defendants tried to bribe an Antioch City Councilmember to take favorable action on their real estate project and to evade having to make the public infrastructure improvements that the City required,” said Acting United States Attorney Patrick D. Robbins.  “This case is another example of my Office’s commitment to working closely with our partners at the FBI to root out bribery and attempts to corrupt public office.”

“Attempting to bribe a public official is a blatant attack on the integrity of our government and the trust of the communities we serve,” said FBI Special Agent in Charge Sanjay Virmani.  “The allegations in this case reflect a clear attempt to manipulate the system for personal gain. The FBI will continue to aggressively investigate and hold accountable anyone who seeks to corrupt public institutions through bribery or abuse of power.”

The defendants are next scheduled to appear in district court on June 12, 2025, for a status conference before U.S. District Judge Yvonne Gonzalez Rogers.

The indictment charges each defendant with one count of conspiracy to commit bribery in violation of 18 U.S.C. § 371 and one count of bribery concerning programs receiving federal funds in violation of 18 U.S.C. § 666(a)(2).  The bribery count also includes an allegation that defendants aided and abetted one another in bribing the Antioch City Councilmember.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, defendants each face a maximum sentence of five years in prison for the count under 18 U.S.C. § 371 and 10 years in prison for the count under 18 U.S.C. §§ 666(a)(2).  Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorneys Thomas R. Green and Benjamin K. Kleinman are prosecuting the case with the assistance of Amala James and Laurie Worthen.  The prosecution is the result of an investigation by the FBI.

Two Former Councilmembers Respond

The two current and two former council members and former Mayor Lamar Hernández-Thorpe, who were serving during the time the alleged incidents occurred, were asked if they were aware of the indictment and if they were the unnamed councilmember. Former District 3 Councilwoman Lori Ogorchock said simply, “It wasn’t me,” and former District 2 Councilman Mike Barbanica responded, “I won’t comment on an active federal investigation. I took the same stance when I was on the council.”

No responses were received from Hernández-Thorpe nor District 1 and 4 Councilwomen Tamisha Torres-Walker and Monica Wilson. An additional effort to reach Hernández-Thorpe’s re-election campaign’s spokesman and former City of Antioch Public Information Officer Rolando Bonilla asking if he is the political consultant mentioned in the indictment was also unsuccessful prior to publication time.

DeNova Homes’ Chief Legal Officer Responds

Efforts to reach the Sansons were unsuccessful. But DeNova Homes, Inc.’s Chief Legal Officer, Dana Tsubota, responded with the following statement:

“DeNova Homes is aware of the legal matter involving our founder, Dave Sanson, and his son, Trent. While Mr. Sanson has been an important figure in the company’s history, he semi-retired in 2020 when he moved to Montana and he is no longer involved in the leadership or daily operations.

“Importantly, DeNova Homes is not implicated in the government’s investigation. DeNova remains financially sound and fully focused on delivering for our customers, partners, and communities without disruption.

“Under the leadership of President Ryan Parlett and our experienced executive team, DeNova continues its mission of building high-quality homes and supporting the communities we serve.”

According to the company’s website, Dave is a Co-Founder and CEO Emeritus, and according to theorg.com website, Trent is the company’s Vice President for Land Acquisition & Entitlements.

Source: U.S. DOJ

Indictment Claims Request Made “to place” Item “on the…Council agenda, and vote in favor”

The indictment claims, “TRENT SANSON and DAVID SANSON bribed the Councilmember during video recorded meetings, including a meeting at which TRENT SANSON offered the $10,000 bribe to the Councilmember and a subsequent meeting at which DAVID SANSON gave the Councilmember a travel coffee mug branded with the Development Company’s logo and name containing $5,000 in cash.”

The indictment includes quotes from the unnamed councilmember but uses the term “him” in reference in Section 17. Sections 15 through 17 lay out the allegations which read as follows:

June 12, 2024: T. SANSON Bribes the Councilmember

  1. On or about June 12, 2024, T. SANSON met with the Councilmember and stated that he wanted the Councilmember to place on the Antioch City Council agenda, and vote in favor of, the following item: “A tract acceptance for Phase 3 at Aviano to release the completion and guarantee bonds ….” T. SANSON asked the Councilmember for the Councilmember’s assistance and vote in the hopes that the Antioch City Council would approve release of the bond and effectively override the Antioch Engineering and Development Services Division’s position that further work was required by the Development Company to complete its obligations on Phase 3 of Aviano.
  2. In exchange for the Councilmember’s actions, T. SANSON told the Councilmember that he spoke with his father, D. SANSON, in advance of the meeting, and D. SANSON was “willing” to pay the Councilmember $10,000. T. SANSON stated, “[YJou’re not going to see anything directly, but Dave will be doing something for you[.]” T. SANSON then added, “I don’t know if it’s an IE or through a PAC because we … can give to a PAC and then the PAC isn’t limited, you know what I mean?” Shortly thereafter, T. SANSON reiterated, “I’m pretty sure we’ll go through one of the PACs.” T. SANSON ultimately told the Councilmember that he’d check with D. SANSON to determine if they could pay $5,000 to the Councilmember’s IE account and $5,000 in cash. T. SANSON stated that the split “sounds fair.” The Councilmember informed the FBI of the bribe offer by T. SANSON.

Mentions “the primary” and “the general” Elections; Refers to Councilmember as “He” and “Him”

Upon reading the indictment, the terms “he” and “him” are used to describe the unnamed councilmember.

June 20. 2024: D. SANSON Pays the Bribe Initiated bv T. SANSON

  1. On or about June 20, 2024, D. SANSON met with the Councilmember. During the meeting, D. SANSON told the Councilmember, “Anyways, Trent called me and told me that he met with you last week, and 1 told him OK let me take care of it. 1 don’t want you involved.” D. SANSON thanked the Councilmember for meeting with him, stating, “1 know it was last minute, but this had to be done in person.” D. SANSON informed the Councilmember that he’d been in touch with the political consultant running the Councilmember’s IE, stating, “[That’s all still on track for round two. We did it during the primary, and now for the general – we’re back committed to supporting you and all that. So, 1 just want you to know that’s happening – that it’s not just a false commitment or anything like that; and then Trent told me you needed a little extra shot.” D. SANSON then handed the Councilmember a travel coffee mug branded with the Development Company insignia, which contained $5,000 in cash. The Councilmember informed D. SANSON that he had a detailed conversation with T. SANSON, and that he understood what D. SANSON and T. SANSON were asking him to do. D. SANSON replied, “Yeah – Phase 3,” and reiterated, “the project has been finished.” The Councilmember informed the FBI of D. SANSON’s bribe and gave the money to the FBI.

Dave Sanson’s Attorney Responds

In response to a request for comment, Dave Sanson’s attorney Winston Chan of the San Francisco office for the Gibson Dunn & Crutcher law firm denied the accusations against the developer.

“My client Dave Sanson is a respected business leader and philanthropist with a 30-year track record of building homes and supporting communities across Northern California.

We are reviewing the government’s allegations closely and caution against any rush to judgment based on mere allegations that present a one-sided story. We are confident the facts will show that Dave is innocent, and that he was unfairly targeted without cause to be dragged out of near retirement from out-of-state, to be trapped into a web of deceit manufactured to ‘take down’ Dave and his family by a controversial local politico, whose own suspect personal motivations we look forward to exposing.

It’s incredibly disappointing that Dave’s reputation—built on a decades-long career of creating opportunities for residents of cities like Antioch, that have struggled for years to keep up with housing needs and other challenges—is being dragged through the mud.

Dave and our team look forward to addressing this matter in court.”

Unnamed Councilmember Could Be Either Hernández-Thorpe or Barbanica

While only the mayor has the authority to place items on a city council meeting agenda, Barbanica was the only candidate of the five incumbent council members, last year, who ran during both the primary and general elections for the County Board of Supervisors. So, the “him” could refer to either one.

Sanson company contribution to Thorpe’s #Beat the Karen Recall committee made on Jan. 14, 2022. Source: Thorpe committee Form 460

2022 Recall Campaign Contribution from Sanson Company to Hernández-Thorpe

During the effort to recall Hernández-Thorpe in 2022, the then-mayor’s campaign committee received a $10,000 contribution from another of the Sansons’ companies, Civic Park Properties, Inc. State law has since changed and the maximum contribution a developer who has business before a local agency can contribute to one of its elected members is $250.

No Contributions to Either Hernández-Thorpe, Barbanica or IE Committee Supporting Either in 2024

But a search of Form 460 campaign finance reports showed no contributions could be found of any amount over $100 from either of the Sansons, DeNova Homes or their companies that were made last year to either Hernández-Thorpe’s re-election committee, Barbanica’s campaign committee or the independent expenditure (IE) committee supporting Barbanica’s election entitled, “Citizens for a Safer Contra Costa County Supporting Mike Barbanica for Supervisor 2024, Sponsored by Contra Costa County Deputy Sheriff’s Association, ID #1347607.” In addition, no IE committee supporting Hernández-Thorpe’s re-election could be found in a search on the City Clerk’s or California Secretary of State’s campaign reporting websites.

Political Consultant Who Handled IE Supporting Barbanica’s Home Raided by FBI

Last month, according to news reports, Mary Jo Rossi, a longtime political consultant in Contra Costa County, whose company, Rossi Communications, was paid by the IE committee of the Deputy Sheriff’s Association supporting Barbanica, had her home raided by the FBI.

Laura Stephens of Stephen Company, the treasurer for the committee confirmed Rossi was its paid consultant.  But whether the raid was related to the investigation into the alleged bribery is unclear.

Sansons Have History of Serving the Community

Dave Sanson, and his wife Lori, have a history of giving back to the communities in which DeNova has done business, and founded the Yellow Roof Foundation to provide low-income housing to facilitate their efforts. The organization helped open a new home development with four rentals in Oakley in December and is pursuing another, 143-unit housing project, which will include six affordable rental units, located between E. 18th Street and Wilbur Avenue on the north side of Antioch.

The Sansons are most likely best known to the public for their 2004 work on the ABC-TV “Extreme Makeover: Home Edition” project in which they led a team of 1,200 volunteers “to tear down and rebuild a two-story home in Martinez. It was done for a 17-year-old “teen, who suffers from a rare degenerative disorder, had been forced to move out of her home because her fragile immune system would not tolerate its mold issues.”

According to Builder Magazine, the pair received the 2017 Hearthstone BUILDER Humanitarian Award.

Dave and Trent serve on the foundation’s board of directors.

21-year-old Brentwood man arrested for possession of 3D-printed machine gun conversion device

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Faces up to 10 years in prison, $250,000 fine; detention hearing on St. Patrick’s Day

By U.S. Attorney – Northern District of California

OAKLAND – A Brentwood man has been charged with unlawful possession of a machine gun conversion device. Noah Kanaye Bauer, 21 (born 12/13/2003), was arrested yesterday and made his initial appearance in federal district court in Oakland this morning.

According to the criminal complaint and court documents unsealed on Wednesday, March 12, 2025, on Sept. 6, 2024, officers with the Brentwood Police Department (BPD) responded to a call regarding an individual with a firearm at a grocery store in Brentwood and found Bauer with a 3D printed Glock style firearm. Officers allegedly removed the firearm from the front of Bauer’s waistband and saw that there was no serial number on it. In a search of Bauer’s home after his arrest for carrying a concealed weapon, BPD officers found a 3D printing machine, three 3D printed pistol frames, and a 3D printed machine gun conversion device in Bauer’s room.

The complaint describes that machine gun conversion devices, also known as “switches” or “auto sears,” are designed and created for the purpose of converting a semi-automatic Glock type pistol into a fully automatic machine gun. When BPD officers questioned Bauer on what the conversion devices were used for, Bauer allegedly stated, “to make it shoot faster.”

Bauer is next scheduled to appear in court on March 17, 2025, for a detention hearing before U.S. Magistrate Judge Kandis A. Westmore.

Acting United States Attorney Patrick D. Robbins and FBI Special Agent in Charge Sanjay Virmani made the announcement.

Bauer is charged with one count of 18 U.S.C. § 922(o). A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 10 years in prison and a fine of $250,000. Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The National Security and Special Prosecutions Section of the U.S. Attorney’s Office is prosecuting this case. The prosecution is the result of an investigation by the FBI with assistance from the BPD and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

According to a report by crimevoice.com, the incident occurred at the Raley’s grocery store on
Sand Creek Road. Bauer’s arrest in September 2024 prompted an FBI investigation of him conducted
by the domestic terrorism squad of the San Francisco field office.

According to the Contra Costa County Sheriff’s Office, the five-foot, nine-inch tall, 145-pound Bauer is Hispanic and being held on no bail in the West County Detention Facility.

Allen D. Payton contributed to this report.

Antioch man, a convicted felon found guilty of unlawful firearm possession

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U.S. Marshals and Contra Costa County Sheriff’s Deputies on the scene of the arrest of Timothy Demetrius “Boo” Jeffrey on Almondwood Drive in Antioch on Wed., March 27, 2024. He was prosecuted by the U.S. Attorney and convicted on March 12, 2025. Herald file photo.

Timothy “Boo” Jeffrey attempted to sell an assault rifle; became fugitive, later captured by U.S. Marshals and Contra Costa Sheriff’s Deputies; faces 15 years in prison

By U.S. Attorney’s Office, Northern District of California

SAN FRANCISCO – On Wednesday, March 12, 2025, a federal jury found Timothy Demetrius Jeffrey, aka “Boo,” 44, of Antioch, Calif. (born 4/24/80), guilty of two counts of being a felon in possession of a firearm and ammunition, following a trial before Senior U.S. District Judge William Alsup.

According to court documents and evidence presented at trial, on April 25, 2023, a Pittsburg Police Department officer attempted to stop the vehicle that Jeffrey was driving. Jeffrey drove into a shopping plaza parking lot, parked, exited the car, and fled on foot away from the officer. Jeffrey threw a Glock 9mm semi-automatic pistol with an extended magazine and 19 rounds of ammunition over a fence behind the shopping plaza before he was arrested.

Jeffrey became a fugitive soon after his arrest, and his whereabouts were unknown until an investigation by the Contra Costa County Sheriff’s Office and the United States Marshals Service led law enforcement to suspect Jeffrey’s presence at a relative’s home in Antioch. On March 27, 2024, the United States Marshals Service surveilled the address and spotted Jeffrey entering the home. U.S. Marshals arrested Jeffrey, after which the Contra Costa County Sheriff’s Office executed a search warrant at the residence.

According to Abigail Meyer of the United States Marshals Service Office of Public Affairs, “The Pacific Southwest Regional Fugitive Task Force (PSWRFTF) arrested Timothy Jeffrey, 43, on both his federal Supervised Release Violation warrant and Pittsburg PD Failure to Appear (FTA) warrant, the original charges for both were distribution of dangerous drugs. In addition, his FTA included charges for felon in possession of a firearm, possession of large capacity magazine, and resisting arrest. (See Fugitive task force arrests Antioch man for violating federal supervised release, failure to appear on gun, drug charges)

Sheriff’s deputies located and seized an Aero Precision AR-style rifle with a magazine and 25 rounds of ammunition from under a couch in the living room. They also seized a cell phone that had been used by Jeffrey. The phone contained multiple text messages in which Jeffrey attempted to sell the AR rifle and sent a photo of it.

At the time of his April 2023 and March 2024 arrests, Jeffrey was on federal supervised release following past felony convictions for being a felon-in-possession of a firearm, escape from custody, and conspiracy and possession with intent to distribute a controlled substance.

“The defendant, a convicted felon, not only possessed a semi-automatic pistol and assault rifle but also attempted to sell the rifle on the black market. His actions endangered the community, and law enforcement’s work on this case helped prevent this deadly weapon from falling into the wrong hands,” said Acting United States Attorney Patrick D. Robbins. “We will continue to work with our local, state, and federal partners to combat the presence of illegal firearms in our communities.”

“ATF works closely with our partners to track the illegal movement of firearms,” said Special Agent in Charge Jennifer Cicolani, San Francisco Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “The defendant is a convicted felon who attempted to illegally sell firearms. ATF will continue to work side by side with our law enforcement and prosecutorial partners to ensure that our communities are safe. We will continue to focus on reducing gun violence by disrupting illegal firearms trafficking and ensuring that firearms stay out of the hands of prohibited persons.”

Jeffrey was convicted of two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). His sentencing is scheduled for May 28, 2025. The defendant faces a maximum statutory sentence of 15 years in prison and a $250,000 fine for each count. Any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Assistant U.S. Attorney Aseem Padukone and Special Assistant United States Attorney Jillian Harvey are prosecuting this case, with the assistance of Claudia Hyslop, Nina Burney, and Yenni Weinberg. The prosecution is the result of an investigation by the ATF, the United States Marshals Service, the Pittsburg Police Department, and the Contra Costa County Sheriff’s Office.

In addition to the two aforementioned arrests, according to localcrimenews.com, the five-feet, eleven-inch tall, 200-pound Jeffrey is Black and was previously arrested on Feb. 29, 2016, by the Alameda County Sheriff’s Department for federal (21 U.S. Code Section 846) attempt and conspiracy charges and again on Nov. 16, 2020, by Alameda County Sheriff’s Department for unspecified charges. He was also arrested in Jan. 2010 by the Contra Costa Sheriff’s Department for vehicle theft.

Allen D. Payton contributed to this report.

DeSaulnier agrees with former Rep. Gaetz’s withdrawal from Attorney General consideration

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Rep. Mark DeSaulnier and former Rep. Matt Gaetz. Official photos

Voted to release investigative report as member of House Ethics Committee 

Washington, D.C. – Today, Congressman Mark DeSaulnier (D, CA-10) made the following statement on former Representative Matt Gaetz’s decision to withdraw from consideration for Attorney General.

“As a member of the Ethics Committee, I cannot comment on the Committee’s investigation into former Representative Matt Gaetz, but his decision to withdraw from consideration for Attorney General is clearly in the best interest of the country.”

Former Florida Congressman Gaetz resigned last week prior to the release of an Ethics Committee report of an investigation into allegations of sexual relations with a 17-year-old girl and possible sex trafficking of her and others. The committee split 5-5 along party lines to release the report.

According to a report by GovEx.com, “The Department of Justice investigated the sex trafficking allegations against Gaetz but ended its investigation last year without bringing criminal charges. Gaetz and his attorneys have consistently denied all allegations of wrongdoing and pointed to the Justice Department under Biden administration Attorney General Merrick Garland declining to pursue charges.”

In a post on his X/Twitter feed on Thursday, Nov. 21, 2024, Gaetz wrote, “I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback – and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.

“I remain fully committed to see that Donald J. Trump is the most successful President in history. I will forever be honored that President Trump nominated me to lead the Department of Justice and I’m certain he will Save America.”

If the Gaetz report was released, which House Speaker Mike Johnson opposed as it’s not typically done for private citizens, only sitting Members of Congress, other House Members and members of the public called for the release of all investigations by the Ethics Committee, and details on the secret slush fund payments made to previous accusers and victims of sexual and other complaints.

Former Congressman Gaetz was handily re-elected to his same seat on Nov. 5 by 66% to 34% over his opponent and can return to the House of Representatives on January 6, 2025.

DeSaulnier represents most of Contra Costa County in the U.S. House of Representatives.

Allen D. Payton contributed to this report.

Part 1 of 2: Former Antioch cop’s attorney files motion to dismiss, claims Protected Whistle Blower activities in sexting scandal

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Former Antioch Police Officer Devon Wenger is being prosecuted by the U.S. Attorney’s Office Northern District of California. Herald file photo

Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids; 18 U.S.C. § 1519 Destruction, Alteration, and Falsification of Records in Federal Investigations and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistle blower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBI starting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch cops in text scandal, names of Antioch, Pittsburg cops, alleged crimes in FBI investigation | Contra Costa Herald

Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported about the release of information by Wallace, Rains said, “I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order.”

“Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard,” he continued. “We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” Rains added.

DA’s Office Will Not Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

Pleasant Hill man charged in San Francisco tow company insurance fraud case

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Jaime Respicio, operator Jose Badillo and two other co-defendants accused of submitting fraudulent auto insurance claims for multiple vehicles

By U.S. Attorney’s Office, Northern District of California

SAN FRANCISCO – Jose Vicente Badillo, Kirill Afanasyev, Jason Naraja, and Jaime Respicio have been charged in an indictment with various crimes related to two schemes to defraud auto insurance companies, announced United States Attorney Ismail J. Ramsey; FBI Special Agent in Charge Robert K. Tripp; and IRS Criminal Investigation (IRS-CI) Acting Special Agent in Charge Michael Mosley of the Oakland Field Office. The case has been assigned to the Hon. James Donato, United States District Judge.

According to an indictment returned by a federal grand jury on August 20, 2024, Afanasyev, 36, Badillo, 28, both of San Francisco, and Respicio, 38, of Pleasant Hill, California, conspired to defraud an auto insurance company by submitting a fraudulent insurance claim on a wrecked car that Afanasyev purchased in May 2019. The Indictment alleges that, when Afanasyev bought the car, it was undrivable, with significant front-end damage. Nevertheless, the Indictment says, Respicio obtained an insurance policy on, and later took title to, the car before Afanasyev, posing as Respicio, falsely reported to the insurance company in August 2019 that Respicio had been in a single-car accident in it in San Francisco. The Indictment further alleges that Afanasyev made materially false statements and misrepresentations to the insurance company, after which the insurance company processed and approved the claim and sent Respicio an insurance reimbursement check for $47,856.34. The Indictment alleges that Badillo participated in this scheme to defraud by agreeing to falsely document that his towing company had towed the wrecked car from the purported accident location.

The Indictment alleges that Afanasyev, Badillo, and Naraja, 37, of Hayward, California, engaged in a second conspiracy and scheme to defraud another insurance company by submitting a fraudulent insurance claim regarding an accident involving multiple vehicles that had been staged by Badillo in San Mateo County. Specifically, the Indictment alleges that Badillo and Afanasyev planned the staged accident in which Badillo loaded a vehicle carrier with four vehicles (several of which were inoperable or had pre-existing damage) and purposefully drove them off the road on Guadalupe Canyon Parkway in San Mateo County in August 2019. The Indictment alleges that, after Badillo reported this “accident” to his insurance company, Badillo, Afanasyev, Naraja, and another individual all made false or misleading statements to an insurance company representative. The Indictment alleges that the insurance company ultimately denied Badillo’s claim as fraudulent but nevertheless paid one of Badillo’s towing companies $5,210 for its recovery, towing, and storage of vehicles involved in the staged accident.

The Indictment also alleges that, at the time of the offenses in 2019, Badillo owned and/or controlled at least two companies engaged in the business of towing vehicles: Jose’s Towing, LLC, and Auto Towing, LLC, both of which operated out of San Francisco.

In the first conspiracy and scheme to defraud, Afanasyev, Badillo, and Respicio are charged with one count each of (i) conspiracy to commit mail fraud and wire fraud, in violation of 18 U.S.C. § 1349; (ii) mail fraud, in violation of 18 U.S.C. §§ 1341 and 2; and (iii) wire fraud, in violation of 18 U.S.C. §§ 1343 and 2. Afanasyev and Respicio are also charged with one count of money laundering, in violation of 18 U.S.C. §§ 1957 and 2.

In the second conspiracy and scheme to defraud, Afanasyev, Badillo, and Naraja are charged with (i) one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; and (ii) four counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2.

Naraja and Respicio were arrested in Hayward and Pleasant Hill, respectively, on August 27, 2024, and released on $50,000 bonds at their initial appearances on August 28, 2024. Naraja is next scheduled to appear in court on August 29, 2024, at 10:30 a.m., before the Hon. Lisa J. Cisneros for arraignment and identification of counsel. Respicio is next scheduled to appear in court on September 5, 2024, at 10:30 a.m., before the Hon. Alex G. Tse for arraignment and identification of counsel. Badillo was previously arrested and made his initial appearance in another insurance fraud case on August 8, 2024. He is scheduled to appear before the Hon. Lisa J. Cisneros for arraignment and identification of counsel in both cases on August 30, 2024, at 10:30 a.m. Afanasyev’s initial appearance and arraignment has been scheduled for September 9, 2024, at 10:30 a.m. before the Hon. Alex G. Tse.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Afanasyev, Badillo, and Respicio each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 1 through 3, which charge mail fraud, wire fraud, and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1341, 1343, 1349, and 2. Afanasyev and Respicio face a maximum sentence of 10 years in prison, and a fine of $250,000 or twice the amount of criminally derived property involved in the transaction, whichever is greater, plus restitution, if appropriate, on Count 4, which charges money laundering, in violation of 18 U.S.C. §§ 1957 and 2. Similarly, Afanasyev, Badillo, and Naraja each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 5 through 9, which charge wire fraud and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1343, 1349, and 2. The court also may order an additional term of supervised release to begin after any prison term as part of the sentence for any or all of the defendants. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Assistant U.S. Attorneys Kyle F. Waldinger and Galen A. Phillips are prosecuting the case with the assistance of Amala James and Carolyn Jusay Caparas. The prosecution is the result of a lengthy investigation by the FBI and IRS-CI. The U.S. Attorney’s Office, the FBI, and IRS-CI appreciate the assistance and support of the San Francisco Police Department in this insurance fraud investigation.

 

 

Former Antioch Police officer convicted by federal jury of conspiracy, wire fraud

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Former Antioch Police Officer Morteza Amiri was convicted by a federal jury on Thursday, Aug. 8, 2024. Herald file photo

Morteza Amiri is last of six Antioch, Pittsburg officers convicted of conspiring to defraud their departments by obtaining payments and raises for university degrees they paid a third party to complete

Information provided on cases for four other former Antioch officers

By U.S. Attorney’s Office Northern District of California

OAKLAND – On Thursday, August 8, 2024, a federal jury convicted police officer Morteza Amiri of wire fraud and conspiracy to commit wire fraud in a scheme to obtain pay raises from the City of Antioch Police Department for a university degree he paid someone else to obtain in his name, announced United States Attorney Ismail J. Ramsey and FBI San Francisco Special Agent in Charge Robert K. Tripp.  The felony verdicts follow a four-day trial before United States Senior District Judge Jeffrey S. White.  Amiri is the sixth officer to be convicted in the conspiracy to commit wire fraud, along with former Pittsburg Officers Patrick Berhan, Amanda Theodosy a/k/a Nash and Ernesto Mejia-Orozco, former Antioch Community Service Officer Samantha Peterson and former Pittsburg Police and Oakland Housing Authority Officer Brauli Rodriguez Jalapa. (See related article)

Former officers who pleaded guilty this year: Pittsburg officers Amanda Carmella Theodosy (aka Nash), Ernesto Juan Mejia-Orozco and Patrick James Berhan. Photos: Pittsburg PD. Former Antioch Police Community Service Officer Samantha Peterson. Photo: Antioch PD. (No photo of Oakland Housing Authority officer Brauli Rodriguez Jalapa could be located).

“We expect integrity and honesty from every police officer, every day, in the police departments across this country,” said U.S. Attorney Ismail Ramsey. “Amiri failed to uphold these basic responsibilities, and a federal jury has convicted him of defrauding his employer, the Antioch Police Department.  He, along with the other officers he conspired with, now face the consequences of violating the rule of law that they swore to uphold.”

“Amiri engaged in a calculated conspiracy to defraud his police department of taxpayer funds. His actions were a violation of the law and a grave betrayal of public trust,” said FBI Special Agent in Charge Robert Tripp. “Amiri and his co-conspirators’ deception has no place in law enforcement. With this conviction, he now faces the consequences of his actions.”

Amiri, 33, was employed as a Police Officer with the Antioch Police Department.  At trial, the evidence presented showed that the City of Antioch and City of Pittsburg’s Police Departments offered reimbursements toward higher education tuition and expenses, along with pay raises and other financial incentives upon completion of a degree.  However, instead of completing higher education coursework on their own, Amiri and his co-conspirators hired someone to complete entire courses on their behalf at an online university to secure a bachelor’s degree in Criminal Justice.  Amiri and his co-conspirators then represented they had taken those courses and earned the degrees from the university when requesting reimbursements and financial incentives from their police department employers, the City of Antioch and the City of Pittsburg.  They were in turn paid additional financial incentives, calculated as percentages of their salaries, while they remained employed by their police departments.

In a span of two years, the conspiracy included numerous other officers and former officers, including Berhan (Pittsburg PD), Amiri (Antioch PD), Theodosy a/k/a Nash (Pittsburg PD), Peterson (Antioch PD), Mejia-Orozco (Pittsburg PD), and Rodriguez Jalapa (formerly Pittsburg PD).

The evidence at trial showed that Amiri texted the person who took his classes for him, writing among other things: “can i hire you [ ] to do my … classes? ill pay you per class”; “don’t tell a soul about me hiring you for this. we can’t afford it getting leaked and me losing my job”; “if i submit my request for the degree on time by the end [ ] of the month i can coordinate my raise in a timely manner”; and “I’m gonna rush order my degree to get my pay raise jump started.”

On the basis of courses taken by this person, Amiri “earned” a bachelor’s degree in Criminal Justice.  Amiri applied for and thereafter received financial incentives from the City of Antioch for having completed university courses and earning a bachelor’s degree.

The jury convicted Amiri of one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and one count of wire fraud, in violation of 18 U.S.C. § 1343.

U.S. Senior District Judge Jeffrey S. White scheduled Amiri’s sentencing for November 12, 2024.  Each of the two counts of conviction carries a maximum sentence of 20 years in prison.  The Court may also order a fine, restitution, and supervision upon release from prison as part of any sentence.  However, any sentence will be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

A federal grand jury in San Francisco returned multiple indictments on August 16, 2023, that collectively charged ten current and former officers and employees from the Antioch and Pittsburg police departments with federal crimes.  Amiri is the last officer to be convicted in the conspiracy to commit wire fraud case.

Amiri is scheduled for trial in another related case in February 2025.

Former Antioch officers arrested on Thursday, August 17, 2023, are Eric Allen Rombough, Devon Christopher Wenger, Timothy Allen Manly Williams and Daniel James Harris. Photos: APD

Here is the status of the cases: (Rombough, Wenger, Manly Williams and Harris are former Antioch Police Officers).

Case Number Statute(s) Defendant

(Bold: multiple case numbers)

 Status
23-cr-00264 18 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud) Patrick Berhan Pleaded guilty 3/26/24, sentencing set for 9/3/24
Morteza Amiri Convicted at trial 8/8/24, sentencing set for 11/12/24
Amanda Theodosy a/k/a Nash Pleaded guilty 7/30/24, sentencing set for 11/5/24
Samantha Peterson Pleaded guilty 1/9/24, sentenced 4/23/24
Ernesto Mejia-Orozco Pleaded guilty 6/11/24, sentencing set for 9/17/24
Brauli Rodriguez Jalapa Pleaded guilty 6/25/24, sentencing set for 10/22/24
23-cr-00267 18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law) Timothy Manly Williams Pending
23-cr-00268 21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids) Daniel Harris Status set for 8/13/24
21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids);

18 U.S.C. § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)

 Devon Wenger
23-cr-00269 18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations) Morteza Amiri Trial set for 2/18/25
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law) Eric Rombough
18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law) Devon Wenger
24-cr-00157 21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids) Patrick Berhan Pleaded guilty 3/26/24, sentencing set for 9/3/24

This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.

El Sobrante man charged with fraudulently obtaining more than $1.1 million in COVID-relief funds

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Lane R Jenkins. Source: LinkedIn

Defendant allegedly misused PPP funds for his real estate investment business, EIDL for 10 employees that didn’t exist of a cleaning business that also didn’t exist to pay off personal debts, enrich himself in 2020, 2021

If convicted could face 20 years in prison on each of 3 counts of wire fraud and 5 years for submitting false writings to a government agency

By U.S. Attorney, Northern District of California

OAKLAND – A federal grand jury has returned an indictment charging a Contra Costa County man with wire fraud and other crimes relating to a scheme in which he fraudulently obtained more than $1.1 million in government-backed COVID-19 relief funds, announced United States Attorney Ismail J. Ramsey; Federal Bureau of Investigation (FBI) Special Agent in Robert K. Tripp; and Small Business Administration (SBA) Office of Inspector General (OIG) Special Agent in Charge Weston King of the Western Region.

According to the indictment filed this week, Lane Jenkins, 53, of El Sobrante, California, was president of a company called A & L Investments LLC (A&L), which was founded in 2016, headquartered in El Sobrante, and purported to purchase, renovate, and sell distressed properties. The indictment alleges that, in February 2021 and April 2021, Jenkins applied for and received two Paycheck Protection Program (PPP) loans totaling more than $1 million on the basis of false and fraudulent representations that A&L had dozens of employees and hundreds of thousands of dollars in monthly payroll expenses. In fact, A&L had zero employees and no monthly payroll. In December 2021, Jenkins applied for and received forgiveness of the first of those two loans, falsely certifying he had used the PPP funds to make payroll for A&L’s nonexistent employees. In fact, Jenkins had used the money for personal expenses and to pay off personal debts.

The indictment also states that, in July 2020, Jenkins applied for and received an Economic Injury Disaster Loan (EIDL) of nearly $95,000 for a maid and cleaning service he said he operated as a sole proprietor. The application falsely stated that Jenkins had 10 employees and gross revenues of $241,353. In fact, he had no employees and no revenues. Rather than use the EIDL funds he received on approved business expenses, Jenkins used that money to enrich himself.

The PPP was administered by the SBA as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 to provide billions of dollars in emergency financial assistance to millions of Americans suffering from the economic effects of the COVID-19 pandemic. The PPP provided forgivable loans to small businesses for job retention and certain other qualified business expenses. PPP funds were disbursed by SBA-approved third-party lenders.

The EIDL program is also administered by the SBA. It provides low-interest financing to small businesses, renters, and homeowners in regions affected by declared disasters. As relevant here, the CARES Act authorized the SBA to make EIDL loans of up to $2 million to eligible small businesses experiencing substantial financial disruption due to the COVID-19 pandemic. EIDL funds are disbursed directly by the SBA.

The Indictment charges three counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of submitting false writings to a government agency, in violation of 18 U.S.C. § 1001(a)(3).

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Jenkins faces a maximum statutory sentence of 20 years in prison on each of the three counts of wire fraud and a maximum statutory sentence of 5 years in prison on the fourth count, which charges him with submitting false writings to a government agency. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Jenkins has not yet appeared in court to face the charges against him.

Assistant U.S. Attorney Kenneth Chambers is prosecuting the case. The prosecution is the result of an investigation by the FBI and SBA-OIG.

According to his LinkedIn profile, Jenkins has operated his business since Nov. 2015 but according to corporationwiki.com, he formed the business in May 2016 which has three other associated individuals and is located in Pinole. In addition, since 2009 Jenkins has been employed as a Key Accounts Sales Manager for Southern Wine & Spirits.

Allen D. Payton contributed to this report.

 

Bay Area serial bank robber from Antioch sentenced to more than five years in prison

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Brandon Elder arrested for a Brentwood bank robbery on Jan. 26, 2022. (Photo: Brentwood PD) and his Facebook photo posted on Oct. 3, 2021.

Defendant robbed a bank only 19 days after release from custody for previous bank robbery

Brandon Elder has history of arrests dating to 2016 including 5 times in 2021 and 3 times in 2022

By U.S. Attorney, Northern District of California

SAN FRANCISCO – Brandon John Elder was sentenced to 63 months in prison for bank robbery, announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation (FBI), San Francisco Field Office, Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. James Donato, United States District Judge.

Elder, 29 (born 2/14/1995), of Antioch, pleaded guilty to the charge on December 14, 2023. According to court filings, Elder walked into a bank in the Marina District of San Francisco on September 20, 2022, wearing a black hoodie, black facemask, and blue gloves. He approached the teller window, stated “this is a robbery,” and demanded “50s” and “100s.” The teller handed over $10,000 in cash to Elder, who ran out of the bank and back to his getaway car in a nearby parking garage. Elder was arrested two days later in Pleasant Hill, Calif., while shoplifting a PlayStation from a Target with $7,867 cash in his pocket. A grand jury indicted Elder on November 1, 2022, charging him with one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Elder pleaded guilty to the charge without a written plea agreement.

Elder committed this bank robbery while still on post-release community supervision. He had been released from state custody only 19 days earlier after serving a custodial sentence related to the robbery of a bank he committed on January 26, 2022, in Brentwood, Calif. In addition, Elder already had been convicted of 11 other thefts in state court, including a violent incident during which he slashed a loss prevention officer with a box cutter. (See related article)

“Repeat offenders like Brandon Elder should not be allowed to continue terrorizing the community,” said United States Attorney Ismail J. Ramsey. “Enough is enough. This Office will ensure that criminals like Mr. Elder face serious repercussions for their actions.”

“Elder used threats and intimidation to terrorize the employees of the bank he robbed,” said Special Agent in Charge Robert Tripp. “His complete disregard for the law demanded justice, and justice he received with this sentence. The FBI will not waver when it comes to preserving the peace of our community by taking dangerous criminals off the streets.”

In addition to sentencing Elder to prison, Judge Donato ordered the defendant to serve a year of supervised release to begin after his prison term is completed. The defendant was immediately remanded into custody.

Assistant U.S. Attorney George Hageman is prosecuting the case with the assistance of Lakisha Holliman. The prosecution is the result of an investigation by the FBI.

According to localcrimenews.com, Elder was also arrested five times in 2021 and three times in 2022 by multiple agencies including Vallejo PD, Dublin PD, San Francisco PD, Antioch PD, Pleasant Hill PD and BART Police for crimes including driving with a suspended license, drug possession including for sale, vehicle theft, receiving stolen property – motor vehicle, evading an officer including wanton disregard for safety, resisting arrest, failure to appear, smoking on BART and burglary. (See related article)

In addition, Elder was also arrested twice in 2016, first on Feb. 1st at 4:30 p.m. by Antioch Police on an outstanding felony warrant then again on August 19, 2016 by Antioch Police and at that time was a known gang member, who had two felony warrants for his arrest. Several APD officers went to Elder’s residence in the 200 block of Rossi Avenue where he was contacted in his bedroom. Elder was arrested and sent to county jail.

According to his Facebook page, Elder is from Oakland, lives in Antioch and is single, went to John Swet High School in Crockett and works at Safeway. His last post was on Nov. 8, 2021, while at the DMV in San Francisco.

According to the Alameda County Sheriff’s Office, the five-feet, seven-inch tall, 135-pound Elder, who is white and has green eyes and brown hair, is being held in the Santa Rita Jail on no bail.

Allen D. Payton contributed to this report.

Tracy man sentenced for computer attack on Discovery Bay Water Treatment Facility

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Photos source: Town of Discovery Bay

To serve home confinement and probation, pay restitution

Defendant was former employee of contractor and admitted to unleashing attack

By U.S. Attorney, Northern District of California

OAKLAND – Rambler Gallo was sentenced to serve six months of home confinement and 36 months of probation for intentionally causing damage to the computer network for the Discovery Bay Water Treatment Facility, located in the Town of Discovery Bay, Calif., and thereby threatening public health and safety. Specifically, Gallo intentionally uninstalled the main operational system for the water treatment plant that operates the automated monitoring system that protects the entire water treatment system, including monitoring and controlling the chemical levels and filtration of the water across all the Discovery Bay water service facilities. The sentence was handed down on Wednesday by Haywood S. Gilliam Jr., United States District Judge. The announcement was made by United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp.

Gallo, 53, of Tracy, Calif., was a full-time employee of a private Massachusetts-based company identified in the indictment as Company A, which contracted with Discovery Bay to operate the town’s wastewater treatment facility. The facility provides treatment for the water and wastewater systems for the town’s 15,000 residents. During his employment with Company A, from July of 2016 until December of 2020, Gallo was the company’s “Instrumentation and Control Tech,” with responsibility for maintaining the instrumentation and the computer systems used to control the electromechanical processes of the facility in Discovery Bay.

According to his plea agreement, while Gallo was employed with Company A, he installed software into his own personal computer and into Company A’s private internal network that allowed Gallo to gain remote access to Discovery Bay’s Water Treatment facility computer network. Gallo resigned from his employment with Company on November 25, 2020, giving two weeks’ notice. Approximately five weeks later, Gallo accessed the facility’s computer system remotely and transmitted a command to uninstall certain software which was designed to perform as the main hub of the facility’s computer network.

The software that Gallo accessed protected the entire water treatment system, including water pressure, filtration, and chemical levels. Documents filed by the government in connection with Gallo’s sentencing describe how Gallo’s actions took the monitoring software offline into the following day when it was discovered by employees. Employees thereafter took steps to rectify the situation and mitigate any potential damage to the water treatment system. The government argued that Gallo’s actions “were well thought out to be as disruptive as possible” and “caused a potential threat to the health and safety of the community’s water supply.”

A federal grand jury indicted Gallo on June 27, 2023, charging him with one felony count of transmitting a program, information, code, and command to cause damage to a protected computer, in violation of 18 U.S.C. §§ 1030(a)(5)(A) and (c)(4)(B)(i). Gallo pleaded guilty to the charge.

In addition to the prison term, Judge Gilliam ordered Gallo to forfeit his computer and to pay $44,250 restitution.

Assistant United States Attorney Cynthia Frey is prosecuting this case with assistance from Kathy Tat and Kevin Costello. The case is being investigated by the FBI.