We are hearing from multiple sources that may be the case. We know for sure several people were called to testify before a federal grand jury. We know for sure one of them was Robert Kirk, Mark Kirk’s father. We have heard that some were called off. We are also hearing that the investigation is going nowhere.
From a Press Enterprise article:
Burum spent $45,273.66 at the store — $12,675 for Erwin’s watch and $18,100 for a Breguet Heritage Grande watch for O’Reilly, according to receipts prosecutors provided as evidence. In his testimony, Burum confirmed the amounts, paid for with his black American Express card.
The only time he paid cash was for three female Asian masseuses that he called up to their condo, Burum said.
“Generally speaking, when I get out of town, I know you know, frankly, how to get a hold of, you know –” he testified.
“Entertainment,” Cope suggested.
“Entertainment,” Burum agreed.
Burum said he couldn’t recall exactly what the women were paid but estimated it was $100 to $200 each. They stayed about an hour or 90 minutes, he said. O’Reilly and Erwin both went into their bedrooms with a masseuse while Burum stayed on the couch with his masseuse, he said.
Later in the testimony, Burum denied receiving any sexual favors from his masseuse. Prosecutors have alleged that the women were prostitutes. Both Erwin and O’Reilly have denied using the services of prostitutes.
Editor’s Note: I am a bit late in getting this posted due to lack of Internet access; however, I felt it is an important article. The Sun and Press Enterprise stories have been very one-sided and seem to be written to taint the jury pool on purpose.
I live in Los Angeles County and am not involved as a participant in any way in the Colonies litigation.
This is in response to your editorial “Appalling portrait of leadership,” July 27. Usually, the newspaper maintains high journalistic integrity, but that editorial did not measure up. It is almost as if the newspaper, with that editorial and prior expos type articles about the Colonies settlement, is attempting to convict the defendants before there has been a trial.
You continuously refuse to acknowledge that the plaintiffs’ demand to settle was $300 million and just assume the $102 million settlement was a wasteful gift of public funds. Had no settlement been reached and had a jury awarded $200 million, would you have written the same editorial criticizing the San Bernardino County supervisors for not attempting to settle the case for less than the jury awarded?
Mark Kirk
I was caught a little off guard last night when I was told that an iePolitics.com post was part of the documents in the Grand Jury proceedings to indict Jeff Burum, Paul Biane, Mark Kirk, and Jim Erwin. Supposedly, it was used by one of the defense attorneys as part of an argument that an indictment should not occur. That makes zero sense to me. Does anyone know anything about this?
Whoso diggeth a pit shall fall therein: and he that rolleth a stone, it will return upon him.
Proverbs 26:27
Four years ago today, Chairman of the San Bernardino County Board of Supervisors Paul Biane filed a complaint with the San Bernardino County District Attorney’s Public Integrity Unit against then-Assessor Bill Postmus. How is that working out for you Paul?
Seems unethical people stick together: kurth2
I have the complaint by the Attorney General’s office, but at 48 pages, it is too large to download to the blog. If anyone would like it, email me and I will send it to you.
It seems that having Chris Jones as your campaign consultant is a sure bet for losing an election and getting into trouble. Just ask Paul Biane, Neil Derry, and now Don Kurth. Neil, time to find a new campaign consultant before it gets any worse.
Just remember this each time you decide to wimp out again and not fight the real enemy. Johnny Cash, who was famous around the world, never thought he was too good to fight for justice for the little people.
I’ve been taken aback by some of the comments about the arrests of Jim Erwin, Mark Kirk, Paul Biane, and Jeff Burum. At a personal level I was glad to see a couple of them arrested, not because I believe they should have been, but because they need to get off of their high horses and find out what it feels like to be wrongly accused by someone looking to strengthen their own political power. All four were very powerful men who had a chance to prevent this from happening but chose to look the other way because it wasn’t their lives and livelihoods being affected. Now it is and it doesn’t feel so good to be on the receiving end. That doesn’t make what happened to them right.
From the legal, the ethical, and the Constitutional level, what happened this week is wrong. Cassie MacDuff’s comment is one of the egregious statements, outside of those by District Attorney Mike Ramos, that shows those who claim to want law and order want no such thing. In reference to having to spend two nights in jail and have bail set exorbitantly high, she wrote:
AKA: Tweedle Dee Tweedle Dumb Tweedle Dumber Just Plain Stupid
Yellow Rat Snake
Did anyone else notice the reference in the indictment to another unnamed person who accepted a bribe? So, why is he still working for the county, especially in the position he is in? And we are hearing that Tim gave him a whole heck of a lot of help in doing in Paul. Janice better watch her back with all of those former Biane staffers she hired.
Jim Erwin
Jeff Burum
Mark Kirk
Paul Biane
So, how do you boys feel now? Were the accommodations comfy? Food good? Those stainless steel toilets are really special, aren’t they? Some people deserve such extravagance. Like Rex. Because “He lied.”
At least we were right to a degree. I’m talking about the District Attorney’s office asking for and getting excessively high bails on the latest arrestees, Jeff Burum, Jim Erwin, Mark Kirk and Paul Biane.
I have not hidden the fact that I wanted to see these guys arrested . . . vengeance, karma, the golden rule . . .whatever. They needed to be shown some humility like so many of the rest of us.
Former San Bernardino County Supervisor Paul Biane was taken into custody at the Ontario International Airport upon returning from out of state. It looks Ramos will get his photo op tomorrow in Department 12 at 8:30 a.m. on Thursday. We are betting a picture of four of the county’s most heinous criminals in jumpsuits and shackles will appear on the front page of the local newspapers.
Yes, it is morning to me. After no internet access over the weekend, I was up until the wee hours of the morning catching up on computer stuff. I got the call on the boys early this morning and promptly went back to sleep. Just now watched Ramos’ press conference. I will have some stories as the day progresses.
Yellow Rat Snake
There is a post over at www.inlandpolitics.com regarding Supervisor Paul Biane’s former Chief of Staff Matt Brown’s Young Republican PAC. Here is the link: Young Republican PAC.
Brown is one of the sleaziest county politicos in the whole county corruption scandal. He attempted to record his former boss while collecting a $200,000-plus salary from him. It is also thought he is behind many of the recent leaks.
The first Fair Political Practices Commission (FPPC) complaint I ever filed was against First District Supervisor Brad Mitzelfelt and Reggie King from Young Homes. I can’t remember the details except that King was trying to hide his campaign contribution through a defunct corporation or something like that. I believe I filed under the money laudering section of the code. Brad was required to amend his FPPC 460 and King received a warning letter.
Both the Sun and Press Enterprise are running stories tonight to tell you what we already did. Four supervisors are being subpoenaed—Brad Mitzelfelt, Neil Derry, Gary Ovitt, and Josie Gonzales—to testify before a special grand jury convened since former Assessor Bill Postmus signed a plea deal to cooperate in the ongoing corruption investigations.
Paul Biane
So why is former Supervisor Paul Biane still in charge of the Inland Empire Economic Recovery Corporation? According to their website:
The IEERC is a non-profit, public-benefit corporation organized to create public-private partnerships for the purposes of stabilizing Inland Empire neighborhoods and communities, preventing and reducing blight, and to address the home foreclosure problems in the Inland Empire.
The IEERC uses a mix of public dollars and private investments to purchase, rehabilitate, and resell foreclosed homes in the Inland Empire.
Sources are saying that Biane is refusing to resign from the position even though he lost the election. He wants to keep his hand in managing government money and we know he has a history of finding a way to benefit himself.
We hear Mitzelfelt wants to become chairman and Rutherford vice chairman. Since this is a corporation that was created by the Board of Supervisors, we shall see if Biane has the votes to remain on the board or be removed.
iePolitics just received the list for the first round of county officials to be depo’d in the Postmus civil case. The list is being sent to County Counsel this week.
Do you swear or affirm that the testimony you are about to give is the truth?
Some defendants in the civil corruption cases have started receiving depo notices. Bill Postmus, Jim Erwin, Greg Eyler, Rex Gutierrez, and Adam Aleman are all named in the lawsuit.
In response, the defense is sending similar notices to specific members of the Board of Supervisors, their current/former chiefs of staff and other current and past staffers who are familiar with time card fraud and campaign work on county time. Let the fireworks begin as the county’s hypocrisy is made public for all to see, that is if those depo’d tell the truth. We shall see.
Supervisor Janice Rutherford
A friend of mine was standing in line at the Alta Loma post office just before Christmas. Behind her were two slightly older ladies who struck up a conversation about their travels around the world, including cruises. One of them, who was holding a stack of Christmas cards to mail, mentioned that she sends cards to everyone she meets on each cruise she goes on if they will give her their address. They stay on the list for two years and are removed only if they don’t reciprocate.
Somewhere from there she mentioned that her daughter had became a member of the San Bernadino County Board of Supervisors. She went on to say that her daughter will do well because “she was raised right.” Then somewhat wistfully she said, “I’m sure Mr. Biane’s mom thought she raised him right too.”
Something tells me Janice’s mom did a better job.
For instance, local political blogs were full of gossip about her opponent’s alleged shortcomings, Rutherford refused to join the fray and kept an issues-based campaign.
Rightly, Janice Rutherford shy-ed away from that crap and focused on serious matters – restoring the local economy, bringing back jobs, and fiscal restraint.
. . . pcblog
During the campaign for Second District supervisor, all we (Bill and I) heard was that Janice didn’t stand a chance because she was not doing hit pieces because hit pieces are what win a campaign. Then we heard about how Janice could not raise money especially with David Lewis dead. And we heard the daily prediction that Paul would win.
Once the absentee ballots came out, we heard about how Janice would lose because she the one hit piece she did was “weak” and done too late to help her. Of course, that is where it got interesting.
Riverside County District Attorney Paul Zellerbach was sworn in today, replacing the only district attorney in the state of California who could rival San Bernardino County District Attorney Mike Ramos in terms of political persecutions. As a matter of fact, former-Riverside County District Attorney Rod Pacheco seemed to have totally lost it in the final days of his term. His behavior could only be called bizarre.
We are not ready to say Ramos is equally bizarre. But he is still a predator, a predator who could be retired as of today had promises been kept.
We understand that many of those who received Federal Grand Jury subpoenas then received letters that they did not have to appear. However, the FBI has followed up with “intensive” interrogation of witnesses. The emphasis seems to be on free medical care and conflict of interest.
We will keep you posted.
While some of the John Does are glad Rex Gutierrez took his punishment without narc’ing them off and other corruption defendants believe he “deserved” it, we here at iePolitics refuse to forget him the way his former associates have. Rex is currently incarcerated at West Valley Detention Center awaiting for room at state prison.
Mark Kirk
All of the corruption figures and John Does are now off of the Fifth Floor and elsewhere in the county—except for John Doe No. 4, that is. Bill Postmus, defendant; Jim Erwin, defendant; Greg Eyler, defendant; Rex Gutierrez, prisoner; and Paul Biane, John Doe No. 5 are all gone. Somehow Mark Kirk has avoided arrest and prosecution so far. But we hear the investigation is far from over.
I heard last week that the San Bernardino County District Attorney’s office was claiming that the investigation into the Colonies Partners and the San Bernardino County Board of Supervisors could go on for another two years and that more arrests are expected. My first response was that the statute of limitations has expired and didn’t think much more of it.
Today I had lunch with a top-notch criminal defense attorney who is well known to this blog. I got a lesson in statute of limitations.
Editor’s Note: This is John Doe No. 2
State Fish and Game Commissioner Dan Richards is also a developer with a history of clashing with environmental groups.
Now those groups are trying to play hardball to get him removed, alleging undisclosed conflicts of interests — and an intimate involvement in the saga of disgraced San Bernardino County assessor Bill Postmus. The environmentalists’ initial attack was dismissed in the courts, but they say others are coming.
Richards, meanwhile, has denied all wrongdoing.
Wednesday, December 8, 2010 – 03:45 p.m.
Sources tell The Insider a federal grand jury has convened to examine evidence and hear testimony related the ongoing investigation into possible illegal activities involving public officials at San Bernardino County-owned and operated Arrowhead Regional Medical Center. (ARMC)
Paul Biane
Today is Supervisor Paul Biane’s last full day of employment with the County of San Bernardino. In his eight years of public service, he has had many successes but also some significant failures. It was those failures that opened the door for a popular supervisor to be voted out of office.
It is not likely Biane will lose the moniker of “John Doe No. 5″ for years to come. The Biane name will be associated with corruption for decades whether real or imagined.
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Douglas W. Motley
Senior Writer
We are hearing rumors that Chairman Gary Ovitt is endorsing Vice Chairman Josie Gonzales to be the next chairman of the San Bernardino County Board of Supervisors. And we think we have a worthless Board of Supervisors now, what would it be like with that dunce heading it up? Well, it would give Devereaux even more power so you wanna bet who is behind Gary’s endorsement?
Besides all the reasons given over at www.inlandpolitics.com, it is very possible she could be indicted with the federal grand jury convenes next month. Actually, if what we have been told by doctors is accurate, it is VERY likely both Supervisor Gonzales and by then former-Supervisor Paul Biane will be facing criminal indictments along with Mark Uffer, Jessica Brown and others.
Barbara Cram Riordan
Earlier this year popular KFI 640 radio talk show hosts John and Ken focused a number of shows on the California Air Resources Board (CARB), detailing the facts that show the agency is out of control. The upcoming implementation of AB 32, the Global Warming Solutions Act, only makes this very powerful agency all the more dangerous to the teetering economy of California.
John and Ken primarily focused their attention on Mary D. Nichols, who is the chairperson for CARB. Nichols was first appointed to the CARB in 1978 by then-Governor Jerry Brown. She served under Brown until 1983. She was reappointed as chairman in 2007 by Governor Arnold Schwarzenegger.
Congressman Jerry Lewis
Today the High Desert moved closer to being a big city. All of the San Bernardino County’s dignitaries were here to dedicate the new County Government Center. First District Supervisor Brad Mitzelfelt initiated the naming of the Jerry Lewis High Desert Government Center after minority maker Congressman Jerry Lewis and it was so named.
The center will house a dozen or more departments including the Assessor’s Office, County Clerk and Recorder, Code Enforcement, Environmental Health, and Veterans Affairs. It is located in the center of Hesperia along with the library, police department and City Hall.
Among those seen at the event were Congressman Jerry Lewis, First District Supervisor Brad Mitzelfelt, Second District Supervisor Paul Biane, Third District Supervisor Josie Gonzales, Sheriff Rod Hoops, Auditor-Controller-Recorder-Tax Collector Larry Walker and his new assistant, Matt Brown. We hear Matt was all smiles as he worked the crowd.
Reading the spin from county personnel on the issues at San Bernardino County-run Arrowhead Regional Medical Center (ARMC) has been interesting. Or perhaps disgusting is a better word.
Some of you may remember the Fair Political Practices Commission complaint I filed back in March against Mark Uffer and Supervisors Paul Biane and Josie Gonzales. I received notice from the FPPC that there was no violation despite the fact that all three of them along with countless others had been given free medical care at ARMC and did not report this gift of public funds on their FPPC Form 700s.
This could be just as easily be titled, “How to sabotage your political campaign 101.” The answer is simple: Hire Chris Jones as your campaign consultant.
Jones lost three very big races where he had high profile candidates with large war chests. And for good measure, he also lost the campaign for Bertha Bea Cortes with all of his threats against grandmas and Grand Terrace’s decent citizens.
Jones was campaign consultant for Chris Lancaster, Don Kurth and Paul Biane. All three were “the candidate to beat” and in each case an underdog did just that.
Supervisor-elect Janice Rutherford
The San Bernardino County Board of Supervisors is playing fast and loose with the rules once again. And this time around it seems they may very well be in such a hurry so to prevent newcomer Supervisor-elect Janice Rutherford, who ran on a platform of ethics reform, from providing her input into a law that will affect her ability to serve her constituents for her entire term of office and keeping her promises to voters.
Four out of the five current supervisors supported Rutherford’s opponent and now they are pushing through a new county ordinance to transfer authority from the Board of Supervisors to their hand-selected County Administrative Officer Greg Devereaux. Devereaux appears to have little concern for ethics reform as evidenced by his handling of the Arrowhead Regional Medical Center scandal, which was highlighted this past week with his misstatements to the press and his covering for supervisors who are accused of wrongdoing. Inside sources say that those supervisors were targeted in the search warrants and criminal charges against them are possible.
Sunday, November 7, 2010 – 09:15 a.m.
The Insider has learned that one of the areas newspapers has received a complete list of persons named in a search warrant served at Arrowhead Regional Medical Center by federal agents last week.
One has to admit it doesn’t take long for secrets to leak out in San Bernardino County.
The article below details yet another example of the San Bernardino County Board of Supervisors giving the middle finger to the voters of this county. Not only did they award an illegal contract to the County Administrative Officer Greg Devereaux, they are now transferring power they do not have the power to transfer to him. To hell with the voters.
Since the Board of Supervisors do not want the power vested in them by the Charter of San Bernardino County, it is time for them to be made a part-time body and for their pay to reflect that status. If this ordinance is passed, they will serve no useful purpose to the taxpayers of this county.
Greg Devereaux
The San Bernardino County Board of Supervisors is set on Tuesday for the first reading of an ordinance to make a de facto amendment to the Charter of the County of San Bernardino. The Charter of the County of San Bernardino is the county equivalent of the Constitution of the United States and the Constitution of California, both of which were adopted through a vote of the people. As such, the law is very specific as to how it can be changed.
The truth of the matter is that according to Constitution of California any change to any county charter must be approved by the vote of the electorate. It CANNOT be made by ordinance as is being attempted by the San Bernardino County Board of Supervisors.
The Constitution of California, Article 11, Local Government, Sec. 3, states:
(a) For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. A charter may be amended, revised, or repealed in the same manner. A charter, amendment, revision, or repeal thereof shall be published in the official state statutes. County charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter are the law of the State and have the force and effect of legislative enactments.
We understand that the Board of Supervisors is enacting an ordinance, not enacting a change to the charter, but the effect is the same. They are changing a key element of the Charter of the County of San Bernardino. And they simply do not have authority to do so.
What the Board of Supervisors is proposing on Tuesday, REQUIRES a vote of the people. They choose, instead, to violate our right to vote on this change and ramrod its proposal through, hoping it flies under the radar of an uninterested electorate.
The Charter of the County of San Bernardino is very specific, and was enacted with that specificity in mind, as to the powers of the Chairman of the Board of Supervisors. From what we have been told, San Bernardino County is the only one of the state’s 58 counties to specify that the Chairman of the Board is the County’s Executive. It states in pertinent part [emphasis added]:
Duties of the Chairman of the Board
SECTION 5. The Chairman of the Board of Supervisors shall be the general executive agent of the Board. It shall be his duty, subject to regulation and control by the Board, to exercise general supervision over the official conduct of all County officers and officers of all districts and other subdivisions of the County charged with the assessment, collection, safekeeping, management, or disbursement of public revenue; also over all County institutions, buildings and property. He shall report to the Board from time to time with such recommendations as he shall deem proper. He shall devote his entire time during usual office hours to the duties of his office. He shall keep an office in the room or rooms where the Board usually meets, and shall be in attendance at such office during usual office hours, except when elsewhere engaged in the performance of his official duties.
The San Bernardino County Board of Supervisors is proposing to instead to transfer those powers over to the County Administrative Officer by ordinance rather than charter amendment as required by the Constitution of California.
Senator Robert Dutton
Last week’s revelation that Ted Dutton, father of California State Senator Robert Dutton, was one of the major donors behind Citizens Against Corruption Opposing Rutherford for Supervisor 2010 was barely noticed. It’s significance is great however.
Senator Robert Dutton has not tried to hide his desire to be elected to the San Bernardino County Board of Supervisors at some point in the future. Who would not with the generous salary, benefits, and pension plan?
Sources suggest he would also be allowed to purchase 10 years of service credit in the county’s retirement system for the years he spent in the California Legislature. He could also connect the six years of credit he received when he served on the Rancho Cucamonga City Council, which would provide him with a significant retirement when he left county service.
Posted: 10/28/2010 07:26:20 PM PDT
The Paul Biane-behind-the-wheel saga is not only interesting in its own right, but shines a light on another generous perk for government higher-ups.Biane, San Bernardino County’s 2nd District supervisor, got popped for a suspected DUI near Chicago in 2005. He refused to take a Breathalyzer test, pleaded guilty to the lesser charge of reckless driving and had his driver’s license suspended.
It was suspended for 3½ years, until he paid the reinstatement fee in 2009. Worse than the original offense in terms of his government position is that he did not inform the county and continued to drive his county-provided vehicle – even to his family’s vacation home in Mexico. And neither the county nor its insurer discovered the suspension by checking his license status, apparently.
Consider Biane’s amazing ignorance-of-the-law-is-my-excuse statement: “I don’t think I knew, so I don’t think, in my opinion, I don’t believe I violated the state vehicle code because I didn’t know my license was suspended. If you don’t know, then suspension doesn’t apply to you.”
I want to see some action. The District Attorney’s Office claims they prosecute criminals based on evidence, not on politics. It is time they prove it.
Yesterday former Assessor’s Office employee Rex Gutierrez was convicted of conspiring with former Assessor Bill Postmus and West End developer Jeff Burum. It is time now to prosecute both Postmus and Burum for the same crime. Neither have been charged. What is the District Attorney waiting for?
Also yesterday, Gutierrez was convicted of time card fraud. Numerous Exempt employees are as guilty or more guilty than Gutierrez. It is time we clean up the Fifth Floor.
Supervisor Paul Biane
“Oh what a tangled web we weave, When first we practice to deceive.” San Bernardino County Supervisor Paul Biane forgot these wise words from Sir Walter Scott. Biane, who has been caught up in yet another scandal, has indeed created a tangled web for himself on the eve of an election where he is battling for his political life.
Biane plead guilty to reckless driving in 2006 after being arrested for driving under the influence in 2005. He refused to take a Breathalyzer test and claims he only had about a couple glasses of wine. The arresting officer’s description of Biane’s appearance contradicts the supervisor’s claim, describing him as glassy-eyed with slurred speech and unstable on his feet. A heavy drinker such as Biane would not exhibit such symptoms after only consuming a couple glasses of wine.
I heard back from David Wert who dutifully informed me that Supervisor Biane was asked by the payroll clerk to not turn in his vehicle until the end of the pay period so they would not have to prorate the vehicle allowance. Biane reluctantly did as the payroll clerk asked. Swamp land anyone?
Dear Diary,
You know, I’ve talked a lot about some really excellent days, and some really excellent benefits of being a county supervisor, but I’ve never talked about an average day. I’m a pretty simple guy… I often start my day at the Atrium Cafe at the government center, using my county credit card to buy breakfast for me and my staff. I’ll go up to my office, and see the beautiful flowers I had ordered with that credit card, and maybe enjoy a soda from my refrigerator, also purchased at taxpayer expense.
After a few hours, I’ll go to lunch. It varies… Sometimes I’m in the mood for sushi at Niko Niko, but other days I love a steak at New York Grill… And I’m able to charge this all to the taxpayers as long as I have lunch with someone on my staff to discuss, ahem, “county business.”
On the way back to the office, I might crave a snack. I’ll put my candy and Diet Coke on the county card, even though it’s just a few dollars. My salary is only $12,000 a month, so I really need the county to fund my snacks.
You know Diary, I’m starting to get a little nervous. It really seems like the media has turned against me, and I don’t even know why. I mean, sure, one newspaper had to sue me to get my government calendar a while back, but that’s only reasonable. Why do they need to know what I’m doing everyday?
After all, every expense I charge to the county is dutifully noted as “county business.” What don’t they get about that? I’m doing county business constantly, which is why I can justify having the county pick up all my tabs… Literally, almost every tab.
Well, that’s all for today. Talk to you soon!
Love,
Don't vote for Paul Biane
Yep, that is right. Supervisor Paul Biane cannot turn in his county ride. Why? Because he doesn’t own a vehicle of his own . . . or so he claims. He says he has to buy a new car first, which could be a problem given his financial problems.
Rumor has it (on excellent authority) that he could not even afford the plane ticket to Supervisor Brad Mitzelfelt’s New York wedding a couple years ago. He had to use someone’s frequent flyer miles to get there.
iePolitics confirmed with San Bernardino County spokesman David Wert that Second District Supervisor Paul Biane has not turned in his county vehicle as he claimed in reports in both the Sun and the Press Enterprise. It is not known if he still plans to do so or not.
