Tag Archives: colonies settlement

iePolitics: Burum switches lead attorney

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It doesn’t come as much of a surprise that Jeff Burum has switched lead attorneys.  His new attorney is Stephen G. Larson, a retired U.S. District judge, who is also a personal friend of Burum.  From what I hear, Larson has a stellar reputation and only retired from the bench so that he could afford to put his kids through college.  I think he has a boatload of ‘em and couldn’t afford to pay for quality colleges on a judge’s pay.  Burum’s other attorney, John Vandeveld remains on the defense team.

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iePolitics: Colonies timeline

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I received this tonight and thought I would share:  ColoniesSummary

I have mentioned in the past that I have spoken with several well-known criminal lawyers, both prosecutors and defense attorneys, and they all agreed there is likely a statute of limitations issue, especially in reference to Jeff Burum.  So I asked Robert off the record the same question.  He is not involved in the case.  Here is his response:

On the record: This matter was successfully challenged by Jim at the complaint stage. In recognition of this, the indictment talks about this on the last page. I’m sure the current defendants will fight on this issue and, if unsuccessful, appeal it before trial.

iePolitics: I wonder if any of the Colonies boys stroked out today

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That would be either from laughter, anger, or the millions of dollars signs dancing in front of their eyes.  Once again, the county just can’t seem to help itself.

So tell me, have all five supervisors forgotten they have a connection to the Colonies settlement in one way or another?  Brad was Bill’s chief of staff.  Janice has a close relationship with Upland.  Neil’s former chief of staff currently has more felony charges against him than anyone else.  Gary’s chief of staff will likely be indicted for, guess what?, taking a bribe in the Colonies settlement just like Bill.  And Josie, well she may have voted no but she was on the board as county leaders escalated the situation and did nothing to stop it.  I suggest y’all stop throwing stones as you have no idea what Bill told the district attorney.  Think about it.

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SBSun: County’s total debt in Colonies deal to reach more than $184 million

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Joe Nelson, Staff Writer

Posted: 04/04/2011 07:01:59 PM PDT
Updated: 04/04/2011 07:09:37 PM PDT

Newly calculated numbers show that San Bernardino County’s debt for its landmark legal settlement with Rancho Cucamonga developer Colonies Partners will be $185 million by the time bonds reach final maturity in 2037.On a 3-2 vote, the Board of Supervisors approved the $102 million settlement, the largest in the county’s history, in November 2006 to end four years of heated legal battle with the developer over flood-control improvements at property in Upland that Colonies planned to build on. The property ultimately became the Colonies Crossroads residential/commercial development adjacent the 210 Freeway.

Former Board of Supervisors Chairman Bill Postmus and supervisors Paul Biane and Gary Ovitt voted in favor of the settlement in 2006, while supervisors Josie Gonzales and Dennis Hansberger dissented.

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PE: Rotten payout

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08:39 PM PDT on Wednesday, March 30, 2011
The Press-Enterprise

Bill Postmus’ guilty plea this week stripped any pretense of legitimacy from San Bernardino County’s $102 million legal settlement with developer Colonies Partners. County supervisors have no justification for sticking taxpayers with the cost of a deal tainted by corruption. And the county should stop wasting public money trying to get other agencies to pay part of the bill.

Postmus, a former supervisor and assessor, pleaded guilty to 15 felony charges, including misuse of public funds and drug possession. But Postmus also admitted to charges that he accepted a bribe and had a financial conflict of interest when he voted to approve the Colonies settlement. Postmus, then-Supervisor Paul Biane and Supervisor Gary Ovitt agreed in 2006 to pay the developer $102 million to settle a legal battle over land for flood control.

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iePolitics: Postmus accepts plea deal

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In a relatively sudden turn of events, former Assessor and Chairman of the Board of Supervisors accepted a plea deal in both the Assessor’s Office corruption scandal and the Colonies Settlement scandal.  He agreed to plead guilty to one count of misappropriations of funds in the Assessor’s Office case and to plead guilty to one count of conspiracy and one 1090 violation in the Colonies case.  The agreement is contingent upon his truthful testimony in both cases.

This story will be updated as the evening goes on.

PE: Settlement stealth?

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10:00 PM PST on Monday, February 14, 2011 The Press-Enterprise

The documents behind San Bernardino County’s 2006 legal settlement with developer Colonies Partners should be public records. County taxpayers have every right to know why supervisors shelled out $102 million in public funds in a deal now at the center of a corruption investigation.

Prosecutors and attorneys for former county officials Bill Postmus and Jim Erwin are negotiating over county records of the Colonies lawsuit, which centered on flood control issues. The county last year furnished the district attorney’s office with about 11,000 pages of documents relating to the legal settlement. But the county obliged prosecutors to seek a protective order barring the records’ release, while Erwin and his attorney oppose that idea.

The overriding public interest is in bringing these records into the open, however. The huge outlay of taxpayer money, coupled with the criminal accusations about the settlement, demand a complete explanation of what happened and why. The county cannot reasonably expect to hide documents central to allegations that people at the top levels of county government spent more than a hundred million dollars on a deal driven by corruption.

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iePolitics: Government attorneys–the real criminals

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I’m sure this story caught everyone’s eye:

11:25 PM PST on Sunday, January 2, 2011

By DUG BEGLEY
The Press-Enterprise

Special Section: San Bernardino Co. Corruption Probe

A contract that started six years ago as a $350,000 legal bill for San Bernardino Associated Governments has ballooned to $4.5 million in fees related to a lawsuit at the center of a county corruption scandal.

On Wednesday, SANBAG officials will consider the most recent increase of $960,000 to a contract with Best, Best and Krieger. The law firm was hired in 2004 to defend the county planning and transportation agency as part of a damage lawsuit filed by Colonies Partners, which claimed drainage around Highway 210 destroyed property the company owns in Upland.

The law firm’s contract covers legal expenses for the Colonies Partners lawsuit and another lawsuit filed by the San Bernardino County Flood Control District.

San Bernardino County officials settled with Colonies for $102 million to resolve disputes about flood control easements on the property. Because other agencies had roles in the drainage problem, the county sued in an attempt to force SANBAG, Upland and Caltrans to pay some of the settlement.

To read the rest of the story, click here.

Best, Best and Krieger, which is also the law firm for the city of Bell, the California Charter Academy, and a variety of governmental agencies, has run up a $4.5 million bill in the Colonies lawsuit.  This seems to be standard operating procedure by attorneys representing governmental clients, whether we are talking about contracts or in-house counsel.

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iePolitics: To Waive or Not to Waive

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It is expected that the San Bernardino County Board of Supervisors will discuss the California Attorney General’s request that the county waive its attorney-client privilege regarding the $102 million Colonies settlement in closed session during their April 27, 2010, regularly-scheduled meeting.  Second District Supervisor Paul Biane and Fourth District Supervisor Gary Ovitt have both recused themselves.  Third District Supervisor Neil Derry and Fifth District Supervisor Josie Gonzales have suggested they will vote in favor of waiving privilege.  Only Supervisor Mitzelfelt has not committed one way or another.

In a strongly-worded letter, Senior Assistant Attorney General Gary Schons threatened county supervisors with legal action if they did not waive their attorney-client privilege.   However, the supervisors’ duty is to the citizens of San Bernardino County, not an Attorney General grandstanding for political benefit. Continue reading →

InlandPolitics: Was there going to be two more John Doe’s?

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  • Written by Senor Blogger
  • Posted April 9, 2010 at 8:02 am


A source familiar with last years Grand Jury proceedings focusing on the investigation into the Colonies Settlement is alluding that two more names were in play during the proceedings.

Apparently, on the wall of the Grand Jury room where testimony was being taken were enlarged Department of Motor Vehicles photographs of seven individuals.

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iePolitics: The Colonies Settlement Agreement, Part I

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Yesterday’s new conference with San Bernardino County District Attorney Michael “sexual predator” Ramos and California Attorney General Jerry “Moonbeam” Brown seemed to include a lot of  hyperbole and leave out a few facts.  In one of the latter political whore’s best effort at grandstanding, Brown stated,

What is significant here is the most appalling corruption case in decades, certainly in the history of San Bernardino County and maybe California itself.  Individuals corrupted public office and were able to grab more than $100 million of the taxpayers’ money through this scheme.

There is one very big problem with this statement.  The county had lost twice in court already.  It was strongly suggested to the county by the trial court judge that it attempt to reach a settlement.  The Colonies asked for $300 million and the county settled for $102 million.  That settlement was negotiated with the help of a mediator who just happened to be a retired California Supreme Court Justice.

Jim has a copy of the last page of the agreement and a bio of the justice on his blog.  To read Jim’s entry, click here.