Monday, April 28, 2008

Voice of San Diego reports scientific discovery by Sal D'Anna

VOSD comments on April 24, 2008 letter "C'mon Mary":

...19. Sal D'Anna wrote on April 26, 2008 7:01 PM:

"Research has led to discovery of heaviest element known to science. The new element,Governmentium(Gv), has one neutron, 25 assistant neutrons, 88 deputy neutrons, and 198 assistant deputy neutrons, atomic mass=312.

Particles are held together by forces called morons,which are surrounded by lepton-like particles called peons.

Since Governmentium has no electrons,it is inert; however,it can be detected,because it impedes every action that it comes into contact.

Governmentium has a normal half-life of 2-6 years; it does not decay, but instead undergoes a reorganization where a portion of the assistant and deputy neutrons exchange places. In fact, Governmentium's mass will actually increase over time, since each reorganization will cause more morons to become neutrons,forming isodopes.

This characteristic of moron promotion leads some scientists to believe that Governmentium is formed whenever morons reach a critical concentration. This hypothetical state is referred to as critical morass which Researchers describe as San Diego at this time."

Friday, April 25, 2008

Who is feeding tips to Bonnie Dumanis' Public Integrity Unit?

Lots of people want to know who contaminated Todd Sommer's tissue samples with arsenic and caused Cynthia Sommer to spend over two years in jail in San Diego for a murder that apparently never happened. This is important to know, but it was a freak occurrence, not part of a pattern.

We are seeing a pattern in another part of San Diego District Attorney Bonnie Dumanis' office: the Public Integrity Unit.

I'm interested to know who has been playing puppet master to Bonnie Dumanis.

Who is it who manages to get Patrick O'Toole's Public Integrity Unit to investigate Cheryl Cox's political opponents, then charge them with perjury during those investigations when O'Toole can't find anything more serious to charge them with?

I have an idea of who it might be.

I suspect it's the same person who got the County Grand Jury to investigate Proposition 227 compliance at Castle Park Elementary School at a time when crimes were being covered up at the school.

I reported those crimes to Supervisor Greg Cox. The only response from the county was the grand jury investigation.

I believe the District Attorney either got a direct "suggestion" from Greg Cox regarding all three of these investigations, or at least got a "go ahead" from Mr. Cox after one of his wife's associates came to the D.A. with a "tip."

And who might this other tipster be? My list of possibilities starts with Bob Watkins of Lincoln Club and San Diego County Office of Education fame, who has been endorsed by Cheryl Cox in his run for Duncan Hunter's seat.

Tuesday, April 22, 2008

San Diego County Supervisor Dianne Jacob is being bullied

County Supervisor Dianne Jacob recently published an essay in Voice of San Diego. She wrote:

"I was sued by the owner of the Los Angeles Times for speaking my mind about the business practices of one his companies, ironic because people involved in journalism are usually fierce defenders of free speech. Sam Zell’s Manufactured Home Communities--now operating under the name Equity Lifestyle Properties, Inc.-- owns and operates more than 300 mobile home parks in 28 states, including four parks in the district I represent. At first, it was difficult to take Zell or his lawsuit seriously. There’s something amusing about being sued for defamation by an individual who calls himself the “grave dancer"...” I am convinced that Zell is using our judicial system to bully me and intimidate those who dare question how MHC treats its customers..."

I think too many people are terrified of being sued. Being sued is really not so bad. I should know; I'm being sued for defamation by Stutz, Artiano, Shinoff & Holtz. My friends greet me with creased foreheads and downturned mouths when they ask me how I am. I'm fine.

What is terrible is that many people are silent about wrongdoing for fear of being sued. It seems to me that some people (like the partners at Stutz Artiano Shinoff & Holtz, who are suing me in their spare time, when they are not too busy campaigning against lawsuit abuse) are trying to turn our entire society into a place where criminals rule the roost and witnesses are afraid to testify.

Elly Dotseth is concerned about Dianne Jacob and all who speak out. Elly wrote a letter to Voice of San Diego on April 16, 2008 saying:

"...people in our supposedly free country have begun to keep quiet from fear of being sued or blackballed in some other way. I have recently spoken out in criticism of the way the NTC Foundation is handling leases with nonprofit arts groups, and despite the reply from the director, I stand by my criticism. If he were to sue me, though, that would really be horrific."

Here is my response to Elly:

Kudos for standing up to the McMillin/NTC Foundation, and please be assured that it is not so bad getting sued when you have nothing to hide and the big guys that are suing you have plenty to hide. You simply file an answer, then go down to the courthouse and get a deposition subpoena that has been signed by the Clerk of the Court. Make some copies, fill them out, and serve them on the people who are suing you. They filed the lawsuit, so they had better be prepared to testify under oath and produce documents. If they fail to do so, you file a motion to compel that looks something like THIS.

Tuesday, April 08, 2008

Dumanis: This prosecution is too bizarre to be anything other than politically motivated

Chula Vista City Councilman Steve Castaneda goes on trial today in the second politically-motivated prosecution out of a total of two prosecutions by the secretive "Public Integrity Unit" formed by San Diego District Attorney Bonnie Dumanis and the recently low-profile Patrick O'Toole.

Prosecutor Patrick O'Toole was unable to find any crime committed by Castaneda, so he charged him with lying during the investigation about whether or not he intended to buy a condo.

In April 2007, the Public Integrity Unit began prosecuting political opponents of Cheryl Cox. Patrick O'Toole, who had previously been appointed as US Attorney for San Diego by Attorney General John Ashcroft, headed the unit.

O'Toole prosecuted a staffer for mayor Steven Padilla who had taken two hours off work in an effort to get a photograph of Cheryl Cox with her disgraced family friend David Malcolm at a twilight yacht party fundraiser for Cox. The staffer was charged with five felony counts of perjury for telling a grand jury that he filled out his leave slip from work before rather than after he took off from his job at the City of Chula Vista. He pled guilty to lesser charges as part of a plea deal.

The now-dormant unit ended its active phase with a second and final prosecution, that of Steve Castaneda, who had run against Cheryl Cox for mayor.

Castaneda was prosecuted for allegedly lying about whether he planned to buy a condo, even though he never bought the condo in question.

According to the San Diego Union Tribune, "Castaneda was a tenant at the complex and was accused of seeking favors, such as free rent, from Sunbow owner Ash Israni, according to the 1,200-page grand jury transcript. The investigation found that Castaneda paid his rent and didn't ask for special treatment. O'Toole told the grand jury the perjury charges are warranted because Castaneda should be held accountable for 'lying about the facts'; even if no crime was uncovered...Castaneda has been vocal about O'Toole's investigations, saying they are politically motivated. He contended that Dumanis conspired with Chula Vista Mayor Cheryl Cox, his political rival in the 2006 mayoral primary."

"DA unit works as quietly as it began"

"Trial and Re-election bid could coincide"

Note to Bonnie Dumanis: This is how you conduct an investigation

Today in Finance for April 8, 2008
SEC Charges Five Ex-Officials in San Diego Muni Fraud

Commission Chairman Christopher Cox has cited the city government's scandal as a reason to expand the SEC's regulatory powers over municipal bonds.

Stephen Taub | US
April 8, 2008
The Securities and Exchange Commission has filed civil fraud charges against five former San Diego city officials—mostly finance professionals—for their roles in the city’s financial crisis in 2002 and 2003.

The SEC charged the individuals for failing to disclose to investors buying the city’s municipal bonds that there were funding problems with San Diego's pension and retiree health care obligations and those liabilities had put the city in financial peril.

advertisement The five named were former city manager Michael Uberuaga, former city treasurer Mary Vattimo, former auditor an comptroller Edward Ryan, former deputy city manager of finance Patricia Frazier, and former assistant auditor & comptroller Teresa Webster.

"The facts will clearly demonstrate that all city officials and staff members acted with good faith and honest intention with regard to the bond offerings by the city of San Diego," stated Webster's attorney, Frank Vecchione. "At no time did Terri Webster act inappropriately or with intent to deceive any potential investor. The time has come to put the misperceptions and misrepresentations regarding Ms. Webster and these bonds to rest. We intend to do so."

Frazier's attorney could not be reached at presstime. Lawyers for the remaining three former officials did not return phone calls from

In the fraud complaint filed by the SEC on Monday, the commission charges that the five former San Diego officials knew that the city had been intentionally underfunding its pension obligations so that it could increase pension benefits while deferring the costs. The officials were allegedly aware that the city would face severe difficulty funding its future pension and retiree health care obligations unless it raised new revenues or pension and health care benefits or city services were cut.

The SEC alleges the ex-officials knew that the city’s unfunded pension liability was projected to grow dramatically from $284 million at the beginning of fiscal year 2002 to an estimated $2 billion by 2009 and that the city’s liability for retiree health care was another estimated $1.1 billion. But the officials failed to disclose those and other material facts in bond-offering documents and continuing disclosures, it added.

In a speech, SEC Chairman Christopher Cox has cited securities fraud within San Diego's city government in those years as a rationale for extending the commission's regulatory powers over municipal bonds. "While the SEC has anti-fraud authority -- allowing us to come in and clean up messes like [San Diego] after the fact," he said in a July 2007 speech, neither the SEC nor any other federal regulator can compel the municipal bond market to make the same sorts of disclosures that the SEC requires in the corporate securities market. "It's a basic common-sense consumer protection that is way overdue," Cox said at the time, calling for legislation giving the SEC "limited powers" to assure transparency in muni offering.

In its current complaint, the SEC alleges that Uberuaga signed the closing letter for one of the bond offerings, falsely certifying that it was accurate and did not contain any misleading statements. Ryan signed letters falsely representing that the city’s audited financials included in the securities offerings were accurate, the regulator alleged.

The commission also charged that Frazier regularly reviewed and revised the false and misleading disclosure documents and signed the closing letter for two out of a total five bond offerings relevant to the case. She falsely certified the disclosures as accurate and did not contain any misleading statements reviewed and made presentations to the rating agencies, the SEC alleged.

Webster reviewed city financials that contained some of the false and misleading disclosures, the commission charged, alleging that Vattimo took part in drafting the city’s false and misleading disclosures. Vattimo and Webster both allegedly knew that in 2003, the rating agencies had concerns about the city’s growing pension burdens and that those obligations could hurt the city’s credit rating. "Nevertheless, they withheld material facts from the rating agencies," the SEC added.

The SEC previously issued a sanction against San Diego for committing securities fraud by failing to disclose to investors important information about its pension and retiree health care obligations in the sale of its municipal bonds in 2002 and 2003. To settle the action, the city agreed to cease and desist from future securities fraud and to retain an independent consultant for three years to foster compliance with its disclosure obligations under the federal securities laws.

In December 2007, the SEC and the outside auditors for the city and its pension system, Thomas J. Saiz and Calderon, Jaham & Osborn, settled charges against the firm. Without admitting or denying the allegations in the complaint, the audit firm consented to the entry of a final judgment permanently enjoining them from violating the antifraud provisions of federal securities laws. The firm, which acted as the auditor of the city and the benefits plan, also paid a civil penalty of $15,000.