Brower Law Group
A Professional Corporation
23601 Moulton Pkwy, Suite 220
Laguna Hills, California 92653
(949) 668-0825
[email protected]
July 29, 2022
Via PlanetBids
City of Anaheim
Office of the City Attorney
200 S. Anaheim Blvd., Ste 356
Anaheim, California 92805
Re: Response to RFQ
City of Anaheim – Independent Investigation
To Whom It May Concern:
Please accept this letter as the joint response by Brower Law Group, APC (“BLG”) and Radcliff Mayes LLP (“RM”) to the City of Anaheim (the “City”) Request for Qualifications regarding an independent investigation to determine if former Mayor Harry Sidhu or any current city council members improperly directed or influenced city business and activities based on campaign contributions , related to the recently revealed federal investigations.
Executive Summary
Brower Law Group (“BLG”) was founded on January 1, 2018 by Steven Brower, who had spent 38 years as a litigation attorney in large and mid-size firms with engaged in litigation and investigations. BLG has eight attorneys who have previously worked at elite large law firms and in senior government officials.
BLG’s clients include large and middle-market business entities, municipal agencies and individuals. BLG has significant involvement in the local community and bar association. BLG attorneys serve as Chair of the OCBA Insurance Litigation Section, Secretary of the OCBA Insurance Section , OCBA Pro Bono Committee, Liaison to the LACBA Small Firms and Solo Practitioners Section, a Director of OCKABA, and a member of the board of directions of OCAABA.
Brower Law Group
City of Anaheim
July 29, 2022
Radcliff Mayes LLP (“RM”) is an elite business and government litigation firm, employing eleven attorneys and a government relations consultant. RM works government and private stakeholders, freely moving from business to government, and back again, finding points of common inter est to develop while reducing the costs of doing so. RM’s clients include large municipalities, national trade associations, and major businesses in commercial sectors with significant government involvement.
A. Experience
BLG is currently counsel for the City of Santa Clara and is engaged in conducting an independent investigation of the personnel complaints by the former City Manager and issues related to a major sports franchise located in that city.
BLG currently represents the City of Anaheim in the m atter of Security National Insurance v. City of Anaheim et al., USDC C.D. California Case No. 8-20- cv-00518-JVS-ADS. The City experienced an unexpectedly large jury verdict against the City and some of its police officers as a result of a law enforcement chokehold death (approximately $15 million ), which not only exhausted the $5 million “pool” limits, but which then called upon the excess insurer to pay its $10 million policy limit. The excess insurer has denied coverage contending that it did not get proper written notice. Because the matter has not yet gone to mediation or trial, we can only say that we anticipate a favorable result for our client.
BLG currently represents the City of Santa Barbara in relation to significant losses from the Thomas Fire, including a loss of tax revenues from local businesses which were damaged, inaccessible and/or closed due to the fire.
Additional experience of the lead attorneys is set forth below.
B. Staff Qualifications and Availability
Steven Brower has been a litigator for over 40 years. Prior to founding BLG he worked for several prestigious law firms including, most recently, over 10 years as a Shareholder in the Orange County, California office of Buchalter, a 60+ year old California-based law firm with over 200 attorneys. His practice involves all Brower Law Group
City of Anaheim
July 29, 2022
types o f civil litigation, computer technology (including software failures, e - discovery consulting and finding “John Doe” on the internet), intellectual property, trade secrets, breach of contract, fraud, libel and professional liability (malpractice).
He has b een lead counsel on multiple jury trials and bench trials and he has also represented clients in arbitrations and in hundreds of mediations.
Jules Radcliff i s a business, government, and trial lawyer experienced in counseling directors, officers, and seni or government officials, specialized in crafting solutions to complex business challenges, often where government plays a role in regulation, contracting, or enforcement. In addition to negotiating and documenting transactions common to most businesses, h e has also conducted complex factual and financial forensic investigations and managed high -stakes, multi-jurisdiction litigation. He has designed, planned, and managed over 75 major internal corporate investigations involving Fortune 500 companies, looki ng into alleged criminal wrongdoing and other unethical behaviors and over 50 major investigations into governmental organizations, most of them triggered by federal prosecutorial investigations, looking into alleged criminal wrongdoing and other unethical behavior.
Proposers often call upon and will use former DEA forensic accountants and investigators to assist in this engagement and to lead some of the key interviews.
Proposers will also use electronics specialists skilled in forensic electronic investigations. Mr. Radcliffe has existing contacts with two who are recently out of the DEA/FBI/FinCEN world, and their work is readily accepted by the FBI working with federal prosecutors. In short, we can not only uncover and dig out relevant information, but we can also put it in a format that gives us a first -look at what we can often assume the FBI likely has already uncovered or soon will.
C. Anticipated Duties and Timeline
1. Build the Spider Chart (First Two Weeks)
The spider chart is to identify the person or persons of interest, the suspected type of wrongdoing and the relevant timeframe, and the government action that followed each. The spider chart also identifies key documents, and key documents that need to be obtained in the course of the investigation.
Brower Law Group
City of Anaheim
July 29, 2022
a. Federal Government Filings
Proposers will review all the information published by the federal authorities, including indictments, complaints, search warrant applications, declarations, and plea agreements. Special attention will be paid to the identity of agents and attorneys to identify if they are involved in other related investigations.
b. Press Reports
Proposers have closely followed the events unfolding in the City which have been extensively covered by the Orange County Register , the Los Angeles Times , the Voice of OC, and other critical press outlets. These stories include information that may be known by major players but not disclosed in the official filings. In this case, the press reports have already pieced together the identity of several individuals named in the most notable federal filings, and at least one key actor first identified herself to the local press.
c. Campaign and Economic Interest Filings
Proposers will review campaign and office -holder disclosures by City Councilmembers, city employees, lobbyist organizatio ns, candidates, and donors.
Proposers include attorneys who have extensive experience in reviewing and researching c ampaign finance disclosures and have first-hand experience as mandatory filers having served in various state, local, and county positions.
d. City Records
Proposers will review city documents, including city council agendas and minutes, contracts with entities in question (including the Anaheim Chamber of Commerce), and City Attorney reports.
2. Open Communications with Federal Investigators (Day One)
It is critical to interface with the United States Attorneys Office and the FBI Field Office.
Brower Law Group
City of Anaheim
July 29, 2022
3. Legal Framework and Analysis (First Month)
Proposers will identify the key legal issues in the engagement, including the substantive issues (criminal statutes, legal requirements for City officials, ethical standards), evidentiary issues (privilege, self -incrimination, authorities to obtain evidence), and the City’s liability exposure and insurance coverage for the City.
Proposer will work closely with the neutral administrator to identify these issues.
4. Formal Interview and Investigative Process (Start by Day 15)
The formal interview process will begin with key City officials, including the City Councilmembers, the City Manager, and the City Attorney. Proposers will also seek to interview Harry Sidhu, Todd Ament, Jeff Flint, and Melahat Rafiei. We anticipate that several of the key targets will refuse to cooperate given the ongoing criminal investigations.
5. Evidence Collection, Analysis, and Ongoing Investigation (Months 3-6)
By using the spider chart and legal framework, the Proposers will have identified key le ads to undertake the next stage of the investigation. Forensic accountants and e -discovery vendors will be deployed to gather and collect additional evidence and interviews will expand beyond the initial targets to identify critical information.
As this investigation is subject to evolve as additional information is discovered, we anticipate that this timeline of 6 months is likely to be the minimum necessary to complete the requested investigation. In addition, there is a high likelihood that court compu lsion will be necessary to gain compliance with our investigation and collection of relevant documents due to the potential exposure individuals may face as a result of the ongoing federal investigation. If that is the case, then the timeline may grow according to these delays.
Brower Law Group
City of Anaheim
July 29, 2022
D. References
BLG is currently counsel to the City of Anaheim on a significant insurance coverage matter ($10 million excess on a police death case). Our principal contact in the City Attorney’s office is Gregg M. Audet, Deputy City A ttorney, 200 South Anaheim Blvd, Suite 356, Anaheim, CA 92805 – telephone 714-765-5169.
BLG is currently counsel to the City of Santa Barbara on an insurance coverage matter (business interruption and tax deprivation due to the Thomas Fire).
Our principal contact is Mark Howard 735 Anacapa Street, Santa Barbara, CA 93101 – telephone 805-897-2654.
BLG is also, from time to time, insurance coverage counsel to Bonner County, Idaho. Our principal contact is Scott Bauer, Civil Deputy Prosecutor, 127 S. First Avenue, Sandpoint, Idaho 83864 – telephone 208-263-6714.
The investigations which RM is currently engaged in are extremely sensitive in nature, and therefore disclosure of the agencies and individuals involved is not possible at this time.
E. Fees
Steven Brower, whose standard rate is $750 per hour, will be billed to the City at $650 per hour. Tae Im, whose standard rate $650 per hour, will be billed to the City at $500 per hour. Lee Fink and John Kim, whose standard hourly rate is $ 600 per hour, will be billed to the City at $400 per hour. Thuy Luong, whose standard hourly rate is $450 per hour, will be billed to the City at $350 per hour. Jason Brower and Pavel Kolmogorov, whose standard hourly rates are $350 per hour, will be billed to the City at $300 per hour. Jafer Jaffery, whose standard hourly rate is $250 per hour, will be billed to the City at $200 per hour.
BLG believes in attending, in person, important depositions, hearings and inspections. Therefore, in an effort to enable clients to approve such items, in any instance where travel requires two or more hours in a single day, the travel time is charged at 50% of the agreed hourly rates.
Brower Law Group
City of Anaheim
July 29, 2022
BLG has two legal assistants, and one supervisor, whose time is not billed to clients. BLG bills only for out-of-pocket costs, with no markup. There is no charge for telephone calls, faxes, or even photocopying unless the particular job is large enough to be sent to an outside copy company.
RM’s rates will be comparable for each of their attorneys per their relevant experience.
These rates are subject to final negotiation with the City as necessary.
F. Affiliations
BLG’s office is located at 23601 Moulton Parkway, Suite 220, Laguna Hills, CA 92653.
RM’s office is located at 515 S. Flower St., 18th Floor, Los Angeles, CA 90071.
G. Conflicts of Interest
None
H. Local Familiarity
BLG is intimately familiar with Orange County. Steven Brower is the current Chair of the Orange County Bar Association (“OCBA”) Insurance Section. Tae Im is Secretary of the OCBA Insurance Section. Lee Fink is a member of the Orange County Waste Managem ent Commission and a Co -Chair of the OCBA Pro Bono Committee. John Kim is a director of the Orange County Korean American Bar Association (OCKABA) and a member of the board of directors of the O range County Asian-American Bar Association (OCAABA). Jason Brower is liaison to the Los Angeles Small Firm and Solo Practitioner Section.
Brower Law Group
City of Anaheim
July 29, 2022
I. Insurance
Proposers will present the appropriate certificates of insurance.
Sincerely,
Steven Brower
EXHIBIT 1
AREAS OF KNOWLEDGE
Please check all areas that are to be considered in this proposal.
Area of Knowledge Select if
Proposing Comments
Forensic Audit-Campaign Contributions
Administrative Investigations:
Organization/Personnel/Elected Officials
Brown Act/Serial Meeting Investigation
Brower Law Group, APC and Radcliffe Mayes LLP attorneys have the experience and necessary contacts and prior relationships with specialist vendors and service providers to perform all above listed aspects of the investigation.
✔
✔
✔
18746315.3
Response to Request for Qualifications to
Provide Independent Investigation Legal
Services to
The City of
Anaheim
July 29, 2022
Alfonso Estrada, Partner
777 S. Figueroa Street, Suite 4200
Los Angeles, CA 90017
Direct: 213-395-7633
[email protected]
1 Overview and Confirmation
Thank you for inviting Hanson Bridgett to provide our qualifications to provide independent investigation legal services to the City of Anaheim. We understand that the City wants to conduct an independent outside investigation to evaluate two related issues: First, to what extent, if any, were City staff involved in any illegal and/or unethical behaviors associated with the alleged facts revealed in the federal investigation involving former Mayor Sidhu? Second, did any current Councilmembers and former Mayor Sidhu improperly direct or influence City business based on campaign contributions received?
This type of assignment requires expert investigators with experience in politically sensitive investigations involving government law and ethics as well as financial improprieties. In addition, an investigation like this one requires a team approach so that the appropriate level of resources may be directed and focused on the investigation at all times.
Such an assignment is right in Hanson Bridgett's wheelhouse. We conduct ethics, fraud, conflict of interest, election law, and Brown Act investigations throughout California. We are lead ethics investigator for two of the largest cities in California. These investigations are frequently highly sensitive ones concerning public officials. We are experienced with coordinating our work with that of parallel law enforcement investigations. We are not involved in Anaheim politics and so can be trusted as an objective independent evaluator and investigator.
Our unique suitability for this assignment is underscored by our role as one of the leading public agency law firms in the State. More than 20 attorneys in the firm are devoted exclusively to the representation of public agencies. We represent—as both general counsel and special counsel—counties, cities, special districts, joint powers authorities, and associations of local governmental agencies. We pride ourselves on possessing both a broad base of public agency experience and knowledge, as well as expertise in the specialized areas called for in this assignment. The unmatched breadth and depth of experience will be an asset to the City. We are honored to submit this proposal.
In accordance with the RFP instructions, Hanson Bridgett Partner Alfonso Estrada will lead the Hanson Bridgett team. Alfonso is authorized to negotiate and contract on behalf of Hanson Bridgett. Contact information for Alfonso is as follows:
Alfonso Estrada, Partner
777 S. Figueroa Street, Suite 4200
Los Angeles, CA 90017
Direct: 213-395-7633
[email protected]
2 A. Experience
Include a brief resume of all similar engagements that the PROPOSER has performed in the past five (5) years. For each engagement listed, please include total cost of engagement and the name and phone number of a contact person for the engagement.
This section shall include documentation of the PROPOSER'S history of adherence to budget and schedule constraints. All PROPOSERS are encouraged to indicate their experience performing similar work within the State of California and/or with other government agencies.
The RFP asks for a list of all similar engagements in the last five years—such a list would exceed the page limit. Hanson Bridgett Partners Alfonso Estrada and Steven Miller will lead the Hanson Bridgett team. Following is a list of some of Steven and Alfonso's recent and relevant engagements—Alfonso has worked frequently for the City of Anaheim and these engagements are not included in the discussion below. Note also that confidentiality prevents providing some of the requested information.
1. City of San Jose Board of Fair Campaign and Political Practices (formerly called Ethics Commission). Contact Person: Deputy City Attorney Mark Vanni Email: [email protected] Direct: 408.535.1997
Steven Miller has been the independent investigator for the Board since 2006. He has conducted more than 50 investigations over the last 15 years. These investigations involve the complex fabric of transparency ordinances in the City's municipal code, State laws in the Political Reform Act, and the regulations promulgated by the California Fair Political Practices Commission. He frequently investigates alleged violations of open government provisions, campaign and officeholder contributions, prohibition of gifts, conflicts of interest, revolving door restrictions, municipal lobbying prohibitions, disclosure of fundraising solicitation requirements, reporting requirements, contribution limits, and campaign account requirements. These investigations frequently involve allegations of misconduct by elected Councilmembers and the Mayor. These investigations frequently are document intensive, involving a combination of witness interviews and review of campaign filings and other document review.
Recent matters include audits of lobbying activities and investigating the relationship between contributions to elected official(s) and business opportunities before the City.
2. City of Sacramento Ethics Commission. Contact Person: City Clerk Mindy Cuppy Email: [email protected] Direct: 916.808.5442 Steven Miller is the independent evaluator for the Sacramento Ethics Commission. The Commission is a new entity and Steven assisted with the development of its policies and procedures. He also investigates all complaints filed with the Commission. Recent complaints 3 have alleged facts involving elected and appointed officials' (including two City Councilmembers) use of public resources for personal benefit.
3. City of Gilroy. Contact Person: City Manager Jimmy Forbis Email: [email protected] Direct: (408) 396 4717 Alfonso, along with others at Hanson Bridgett, investigated an elected Council Member's alleged involvement in a local house party that resulted in two young men being killed by gunfire that broke out during the party. The investigation focused on whether an Elected Council Member violated the City's Social Host Accountability Ordinance, and used City resources for the benefit of the event, among various other allegations. https://gilroydispatch.com/councilmember-cited-role-halloween-party/
4. City of Indio. Contact Person: HR Director Andrew Ansoorian Email: [email protected] Direct: (760) 391-4009
Alfonso has conducted numerous administrative investigations concerning the City's Police Department. The investigations related to numerous allegations of misconduct concerning numerous sworn police personnel. These investigations are confidential in nature, but please contact the City's HR Director as a reference.
5. City of Santa Ana. Contact Person: HR Director Jason Motsick Email: [email protected] Direct: (714) 376 -9891
Alfonso conducted an administrative investigation concerning serious allegations of misconduct by a City Department Head. The allegations concerned potential criminal conduct and also involved allegations of interference. The investigation is confidential in nature, but please contact the City's HR Director as a reference.
6. City of Pomona. Contact Person: City Attorney Sonia Carvalho Email: [email protected] Direct: (949) 263-2603 Alfonso has conducted multiple confidential administrative investigations concerning allegations of serious employee misconduct. The investigations are confidential in nature, but please contact the City Attorney as a reference.
7. City of Pasadena. Contact Person: HR Director Alex Souto Email: [email protected] Direct: (626) 744-7579 Alfonso has conducted numerous administrative investigations for various City Departments, including but not limited to Police, Fire, and Public Works. These investigations are confidential in nature, but please contact the City's HR Director as a reference. 4 8. City of Manhattan Beach. Contact Person: HR Director Lisa Jenkins Email: [email protected] Direct: (310) 802-5252 Alfonso has conducted numerous administrative investigations into serious allegations of misconduct. These investigations are confidential in nature but please contact the City's HR Director as a reference.
9. City of Long Beach. Contact Person: Assistant City Attorney Gary Anderson Email: [email protected] Direct: (562) 570-2218 Alfonso has conducted administrative investigations into serious allegations of misconduct.
These investigation are confidential in nature but please contact the City's Assistant City Attorney as a reference.
10. City of Santa Clara/Santa Clara Stadium Authority. Contact Person: Assistant City Attorney Sujata Reuter Email: [email protected] Direct: 408.615.2233 Hanson Bridgett is lead counsel for the Santa Clara Stadium Authority, the public agency owner of Levi's stadium, in multiple disputes with the San Francisco 49ers involving the stadium and its operations. As part of our work, Steven advises the City and the Stadium Authority on Brown Act and other ethics issues that arose as part of those high profile disputes. These issues arose out of facts in which City Councilmembers who sit on the board of the Stadium Authority received campaign contributions from the 49ers and met frequently with 49ers officials, including following closed session meetings to discuss litigation strategy and other real estate- related issues that involved the 49ers.
11. Confidential Investigations involving two California Counties.
Steven Miller has recently been engaged by a County Board of Supervisors and County Counsel to investigate two allegations involving the Board Of Supervisors. In one case, he investigated an allegation that a member of the Board of Supervisors improperly interfered with the County's public works department procedures for personal benefit. The three-month investigation involved interviewing elected officials and County staff, and reviewing a large body of records, including emails and text messages on both County and personal accounts. The result was a confidential oral presentation and written report to the Board of Supervisors, applying the facts to the applicable county and State laws and ordinances. The second case involved an investigation into Brown Act issues concerning the Board of Supervisors' compliance with closed session obligations. The investigation involved a highly politicized environment and sensitive information.
5 12. Confidential Fraud Investigation.
For a Special District in northern California, Steven, with the expert assistance of forensic auditor Dan Ray of the Hemming Morse firm, conducted an investigation into allegations of fraud involving a senior District official. The work involved significant review of financial records as well as witness investigations, all under the direction of the elected Board of Directors. The end result was a written and oral report to the Board of Directors.
B. Staff Qualifications and Availability
Provide information concerning the educational background, experience and professional resumes of those persons who would actually assist with the Scope of Work. Identify if those persons presently maintain their practice in California or elsewhere. Indicate the present workload of each listed person to demonstrate his or her ability to devote sufficient time to fulfill the Scope of Work.
This assignment will be under the direction of Hanson Bridgett partners Steven Miller and Alfonso Estrada. Both are based in California. Their direct experience is detailed above, and their resumes are attached, showing their educational and professional background. Both Alfonso and Steven will give this assignment the highest priority and commit to devoting the time necessary to conduct a thorough and expedient investigation for the City. As necessary, Steven and Alfonso will be assisted by a number of expert attorneys and paralegals in Hanson Bridgett's government group. Finally, Hanson Bridgett will enlist the assistance of forensic auditor Dan Ray of Hemming Morse in the likely event such services are needed. Mr. Ray is a CPA, CFE (Certified Fraud Examiner), CFF (Certified Financial Forensics), and a former FBI Special Agent, experienced in conducting financial investigations involving public agencies and public officials in California. His resume is also attached.
C. Anticipated Duties
1. To provide investigatory and forensic accounting services and, where appropriate, legal representation and counsel to the City of Anaheim with regard to the Scope of Work. Please describe the PROPOSER'S ability to provide such services.
2. The anticipated duties will be as proposed by the PROPOSER, but OWNER anticipates that the PROPOSER will work closely with a neutral administrator to diligently investigate the facts as outlined above, culminating in a written and/or verbal report to be presented to the City Council and/or the public.
We think our qualifications and experience, detailed above, demonstrate that we are able to provide the investigatory and forensic accounting services called for in this RFP. It is impossible 6 to detail with any precision our approach to the work, as the precise nature of the Scope of Work is uncertain. Accordingly, we suggest that the first step if engaged will be a kick-off meeting to clarify the scope of work and phase the project. This kick-off meeting would be with the neutral third party the Council has created, but it also may make sense to meet directly with the City Council. Establishing the role of the City Attorney will also be important. We would of course work with the City Attorney to ensure confidentiality of our work to the greatest extent possible. But in order to preserve the independence of the investigation, we would not ordinarily involve the City Attorney unless we needed his interpretation of specific provisions of the Municipal Code or the City Charter.
After the kick-off meeting, we would commence our investigation and provide written or oral updates to our point of contact (the Council or the neutral administrator) every thirty days. It is hard to predict the exact sequence of the work, but we expect that we would provide a series of reports, each focusing on one specific aspect of the investigation (for example, the Brown Act, or Lobbying regulations). We may also suggest, and can provide, trainings to advise and educate City officials about government ethics and campaign finance laws.
The team assembled for this investigation has extensive experience working cooperatively and collaboratively with law enforcement agencies/entities that have ongoing parallel criminal investigations. This includes not only Hanson Bridgett lead attorneys, but also our forensic auditor who is a former FBI special agent with close ties to federal law enforcement agencies.
Communication with the agencies criminally investigating the subject matter at issue would be established early on in the investigation to encourage collaboration and information sharing, where possible. Additionally, a thorough review of relevant city documents and financial records relating to the subjects of the investigation will be a necessary initial step. After completion of the review of all available documents and information, the investigative team will focus the scope of the investigation, begin identifying necessary witnesses, additional documentary evidence, and will identify the subjects of the investigation following initial due diligence.
D. References
Provide references from clients of the PROPOSER for which it performed work that was similar to the requirements of this request.
References are included in Section A, above. Additional references include:
For Steven:
Don Del Rio, General Counsel, Southern California Regional Rail Authority (Metrolink) Email: [email protected] Direct: 213.305.8859
7 For Alfonso:
Lesley Cheung, Assistant City Attorney, City of Pasadena Email: [email protected] Direct: (626) 744 4256 Mike Washburn, Chief of Police, City of Indio Police Department Email: [email protected] Direct: (760) 391 4030
Eric Pritchard, Sheriff, Inyo County Sheriff's Office
Email: [email protected] Direct: (760) 937-0020
E. Fees
Indicate the hourly rates (including support and administrative hourly rates), or alternative methods of compensation, to perform the Scope of Work described in this document. Prior to or during negotiations the OWNER may request additional hourly rate information for each relevant subject matter. The fees for services, or alternative methods of compensation, will be negotiated with the selected PROPOSER.
This assignment involves a unique combination of highly specialized investigatory skills, familiarity with complex statutory structures, and knowledge of bedrock transparency laws that apply throughout California. Nevertheless, we are aware of the fiscal constraints under which local governments must operate and so propose discounted rates available only to our government clients. Our proposed fee schedule is shown in the table below. We propose these rates will stay in effect until July 1, 2023, at which point, if the assignment is still ongoing, we would request the ability to apply a CPI escalator
Title Proposed Hourly Rate
Partners $525
Senior Counsel/Counsel $420-445
Associates $345-395
Paralegal and other Political
Compliance Specialists
$245
Forensic Accountant/Investigator (pass through cost with no mark- up)
8 We do not charge for faxes, telephone calls, in-office copying, or other administrative expenses.
All other out of pocket costs, such as court fees, court reporters, access fees for computerized legal research, etc., will be billed at cost.
We would charge 50% of our hourly billing rate for travel time associated with meetings at City facilities or witness interviews. For travel costs, mileage will be charged at IRS mileage rates. In the event that air travel is required, we would charge actual costs for airfare and hotel costs. In addition, we may seek prior authorization for reimbursement of additional extraordinary and unanticipated expenses.
F. Affiliations
If the Scope of Work is to be accomplished through an affiliation or joint venture of several firms, the names and addresses of those firms, shall be furnished for each.
Hanson Bridgett proposes engaging Dan Ray of Hemming Morse as the forensic auditor team member. Unless the City prefers a different arrangement, Hanson Bridgett would engage Hemming Morse and its charges would be included in our invoices to the City as our costs with no mark up. Dan Ray's resume and contact information is attached to this proposal.
G. Conflicts of Interest
PROPOSERS shall advise OWNER of any client representations, which may result in potential conflicts of interest in accordance with California Rules of Professional Conduct, Rules 1.7 and 3-310. PROPOSERS shall identify any known conflicts and any particular areas of practice which might create a conflict.
There are no conflicts or potential conflicts that would prevent us from carrying out this assignment.
H. Local Familiarity
A statement as to local resources that would be utilized and the degree of the PROPOSER'S knowledge and familiarity with the local community's needs and goals.
Hanson Bridgett is a California firm. Alfonso Estrada is based out of the firm's Los Angeles Office and is familiar with the City of Anaheim, having conducted many investigations in conjunction with the City's police, fire, and human resource departments. Steven is based in San Francisco, but often works in Southern California. To the greatest extent possible, we will use resources based in Los Angeles. Hemming Morse has an Orange County office, where Dan Ray is based.
9 I. Insurance
The PROPOSER'S ability to provide the appropriate certificates of insurance, as required by the OWNER.
We confirm that Hanson Bridgett has the required insurance coverages, and can provide the appropriate certificates of insurance if we are selected to provide legal services to the City.
J. Other
Other factors the PROPOSER determines appropriate to indicate that the PROPOSER has the necessary capability, competence, and performance record to accomplish the Scope of Work in a timely and cost- effective manner.
Creating a diverse workforce by fostering an atmosphere of belonging and intentional support has been a priority at Hanson Bridget since its founding in 1958. We are dedicated to establishing a workforce that reflects the needs and interests of our clients and a professional environment that provides opportunities for people with varied backgrounds, both for attorneys and administrative professionals. Our commitment begins with the law schools where we seek to recruit diverse legal candidates and support the needs of minority students, and continues throughout all stages of attorney career development. We are also committed to the communities where our employees live and work, and consider it part of our professional obligation to serve justice by encouraging and supporting pro bono and social impact work.
While we have received many awards for our efforts and initiatives in these areas, and are officially Mansfield 4.0 Plus Certified, we do not see such awards as the culmination of our work, but rather as a call to further action.
Currently, our firm's attorneys consist of 47% women, 34% people of color, and 7% self- identified LGBTQ+ individuals. Currently, our firm's administrative professionals consist of 75% women, 53% people of color, and 5% self-identified LGBTQ+ individuals.
Here’s a short list of recent recognition:
• Mansfield 4.0 Certification Plus status (2021)
• Minority Corporate Counsel Association George B Vashon Award winner (2021) • Best Law Firms for Women Hall of Fame List by Seramount’s (formerly Working Mother Media).
• Ranked #2 on The American Lawyer's A-List: Female Equity Partner Scoreboard. (2020) • Named one of Law360's "Ceiling Smashers," which are the 25 U.S.-based law firms that have the highest percentage of female partners (2015-2020) • Received both the 2020 Top Performer and 2020 Compass Award designations at Leadership Council on Legal Diversity's Annual Meeting (2020) 10 Hans
on Bridgett is committed to its community. In Southern California, we partner with Kids in Need of Defense (KIND) to provide pro bono assistance to children dealing with the US immigration system, and with Bet Tzedek on a variety of pro bono matters including estate planning and small business advice. We are also part of the Coalition for Clean Air, which has a strong focus on addressing air quality issues impacting communities of color in the LA area. We also partnered with the LA Regional Food Bank this year to support its Food from the Bar campaign.
Hanson Bridgett is proud to be the first law firm to be certified as a B Corp. in 2007, a certification we maintain to this day. Our B Corp. status reflects the firm’s commitment to environmental sustainability, transparent governance, community service, and employee empowerment in everything we do.
K
. Timeline
To the best of your ability and based on your prior experience is similar matters, indicate the anticipated timeline to complete the investigation based on the Scope of work and approach, keeping in mind that the City would place value on a combination of thoroughness and timeliness.
As discussed elsewhere in our proposal, it is difficult to predict a timeline for many investigations, and this one in particular. In addition, the schedule of any investigation always is impacted by witness availability and cooperation. Nonetheless, assuming that the scope of work is as complex as we imagine it to be, and assuming a dedicated, consistent, and efficient team approach, we think a reasonable estimate is that this is a 7-10 month investigation. Depending on the complexity of the investigation, that time estimate might be shorter; we would be happy to discuss with the City ways to define a scope of investigation that might take only 2-4 months.
CITY OF ANAHEIM
Request for Qualifications: Independent Investigation
EXHIBIT 1
AREAS OF KNOWLEDGE
Please check all areas that are to be considered in this proposal.
Area of Knowledge Select if
Proposing Comments
Forensic Audit-Campaign Contributions
Administrative Investigations:
Organization/Personnel/Elected Officials
Brown Act/Serial Meeting Investigation
✔
✔
✔
Alfonso Estrada is an experienced labor and employment attorney who is well-versed in all stages of the litigation process. He represents both public and private sector clients in matters involving discrimination, harassment, retaliation, First Amendment violations, and more. He has a wealth of trial experience and previously worked with law enforcement as a criminal prosecutor.
In addition to the litigation side of his practice, Alfonso also focuses part of his practice in investigations related to employee misconduct and harassment, as well as regulatory enforcement and white-collar defense matters. Throughout his career, Alfonso has worked extensively with law enforcement agencies and unions across California in a variety of matters. He has successfully conducted complex internal investigations for several notable agencies, including the City of Beverly Hills Police and Fire Departments, City of Anaheim, City of Alhambra Police Department, among others. Prior to joining the firm, Alfonso worked as a Deputy District Attorney for the Los Angeles County District Attorney's Office.
Alfonso is affiliated with several professional organizations and regularly presents his expertise at conferences. Outside of his practice, he volunteers as a Certified Instructor for the Commission on Peace Officer Standards and Training.
Representative Work
Conducted internal investigations concerning employee misconduct.
Conducted hundreds of law enforcement disciplinary matters.
Defended employers through challenges to administrative decisions in Code of Civil Procedure § 1094.5.
Conducted arbitration in the area of MOU contract interpretation.
Prosecuted dozens of criminal jury trials to verdict during his time as a Deputy District Attorney for the Los Angeles District Attorney's Office.
Significant Civil Litigation and Jury Trial Experience defending public and private employers.
Defended and instructed employers against allegations of violations of the Public Safety Officers Procedural Bill of Rights Act.
Los Angeles
Hanson Bridgett LLP
777 S. Figueroa Street, Suite 4200
Los Angeles, CA 90017
213-395-7633 Direct Phone
213-395-7618 Fax
[email protected]
Firm LeadershipFirm LeadershipFirm LeadershipFirm Leadership Labor & Employment Section Co-
Leader
Practices/IndustriesPractices/IndustriesPractices/IndustriesPractices/Industries Labor & Employment
Alfonso Estrada
Partner
Publications
“New Masking Guidance for California Employers,” Labor & Employment Law Alert (March 2022) “The 'Pokemon' Case – Court Upholds T
ermination Based on Unintentional In-Car Dash Cam Recording of Peace Officers Hunting a Snorlax,” Labor & Employment Law Alert (February 2022) “Additional Law Enforcement Reform Amendments, Expansions, and Changes Signed Into Law by Governor,” Labor & Employment Law Alert (November 2021)
"California Signs Police Reform Legislation Into Law," Labor & Employment Law Alert (October 2021) Presentations
"Preparing for Success in Disciplinary Arbitrations," 2022 Annual Labor & Employment Seminar(January 2022) "Mid-Y ear Employment Case Updates & New Laws," 2021 Labor & Employment Mid-Year Update (June 2021) "Law Enforcement Update," CALPELRA Annual Training Conference (November 2020) "Can
You Take The Heat? Conducting Effective Internal Affairs Investigations In The Era Of Transparency," CALPELRA Annual Training Conference (November 2019)
"Tackling Tough Cop Cases: The Most Difficult Issues In Law Enforcement Discipline," CALPELRA Annual Training Conference (November 2019)
"Technology
To The Rescue: How To Best Utilize Electronic Evidence To Win A Disciplinary Case," CALPELRA Annual Training Conference (November 2019)
"Conducting Effective Administrative Investigations Of Police Officers And Firefighters," California Public Employers Labor Relations Association's Annual Training Conference (December 2018) "How To Effectively Handle Challenging Disciplinary Cases," California Public Employers Labor Relations Association's Annual Training Conference (December 2018) "Current Legal Landscape Of Police And Fire Departments," California Public Employers Labor Relations Association's Annual
Training Conference (December 2018)
"Responding To Workplace Violence: An Overview Of Violence In The Workplace And Effective Tools For Employers To Combat It," California Public Employers Labor Relations Association's Annual Training Conference (December 2017)
"The Top Three Lawsuits By Police Officers And How To Avoid Them," California Public Employers Labor Relations Association's Annual Training Conference (December 2017) "Trending Policies for Public Employers," California Public Employers Labor Relations Association's Annual Training Conference (November 2016)
Alfonso Estrada
P
artner
"The Five Biggest Pitfalls Under POBRA/FBOR," California Public Employers Labor Relations Association's Annual Training Conference (November 2016)
"Preparing Properly For Disciplinary Arbitration to Ensure Success," California Public Employers Labor Relations Association's Annual Training Conference (October 2015) "Public Safety Officers Procedural Bill of Rights Act and Investigations," Loyola Law School (March 2015) "Advanced Concepts in Labor Arbitration and Disciplinary Appeal Hearings," City Attorney's Conference (September 2014)
Press
“'They're Going to Lose': T
reatment of Vanessa Bryant Shows Cracks in Case” NBC News (December 2021) “Chemerinsky and Welch on the SCOTUS Abortion Case, Fiset on the 'Rust' Shooting, Estrada on Vanessa Bryant v.
LA County, and Much More,” Legal Face-Off, WGN Radio 720 (December 2021) “Vanessa Bryant Lawsuit a 'No-Win' Situation for LA County Trying to Put Up Defense,” USA Today (December 2021) “Question looms over Vanessa Bryant Lawsuit Against Los Angeles County: What Does She Want?,” USA Today (November 2021)
“Los Angeles County Seeks Summary Judgment Against Widow of Kobe Bryant in Lawsuit,” USA T oday (November
2021)
"On the Move," Daily Journal (May 2021)
Honors & Awards
“Leader in Law,” Los Angeles Business Journal
(2021)
“Top 100 Labor & Employment Attorney,” The Daily Journal (2022) Community Involvement
Peace Officer Standards and Training, Certified Instructor Professional Affiliations
Mexican American Bar Association, Member
MABA Free Legal Clinic
Alfonso Estrada
Par
tner
Judicial Extern for the Honorable Justice R. Gary Klausner, United States District Court for the Central District of California
Education
J.D., University of California, Los Angeles School of Law (2008) B.A., University of California, Berkeley (2005)
Admissions and Courts
California
U.S. District Court for the Central District of California Languages
Spanish
Alfonso Estrada
P
artner
Judicial Clerkships
Steven has a varied practice representing both public and private clients in the public arena. As general counsel, he is General Counsel to the San Francisco Bay Water Emergency Transportation Authority (WETA) and the Menlo Park Fire Protection District.
As special counsel, one of his principal areas of expertise is government ethics. Steven is the evaluator for the City of San Jose Board of Fair Campaign and Political Practices (formerly Ethics Commission) and the Sacramento Ethics Commission. He advises both entities and conducts investigations regarding alleged violations in the area of election and ethics rules. For counties, cities, and special districts throughout California, he also advises, trains, and conducts investigations in the areas of Brown Act, conflicts of interest, and best practices in governance and public procurement.
He also assists public agencies throughout California operating bus, rail, and ferry service. His general areas of expertise include public contracts and procurements, regulatory compliance, intergovernmental agreements, constitutional issues, election law, and government ethics.
He has particular depth of expertise in all issues relative to transit agencies and the complex statutory and regulatory framework under which they operate.
Steven has extensive experience in public sector contracting issues, including representing both public and private entities in the area of public works contracts, contract negotiations of all types, and bid protests relating to complex state and local procurements. He regularly advises private and public entities on compliance with federal Buy America requirements.
Steven has a particular enthusiasm for, and expertise in, the developing legal landscape, and the increasing opportunities for commercial use, of unmanned aircraft systems (i.e. drones). He blogs on the topic at www.Hoverlaw.com.
Beyond the practice of law, Steven is a Grammy-award winning violinist and served for many years on the faculty of the San Francisco Conservatory of Music. He has issued more than 20 CDs and has appeared on both NPR and PBS.
San Francisco
Hanson Bridgett LLP
425 Market Street, 26th Floor
San Francisco, CA 94105
415-995-5831 Direct Phone
415-995-3426 Fax
[email protected]
Firm Leadership
Political & Election Law Practice
Leader
Government Executive Committee
Practice Co-Leader
Practices/Industries
Government
Municipal and Public Agency
Government Ethics
Infrastructure
Political & Election Law
Public Transit & Transportation
Technology
Steven D. Miller
Partner
Steven D. Miller
Partner
Representative Work
Investigations for counties, cities, and special districts throughout California.
Investigator/Evaluator for the San Jose Board of Fair Campaign and Political Practices (formerly Ethics Commission) and the Sacramento Ethics Commission.
Guides transit agencies through a number of complex procurements and resulting implementation of high-technology systems, including Positive Train Control, Computer Assisted Dispatch, and electronic toll collection systems.
Helps identify, resolve and/or mitigate conflicts of interest arising under both State law and federal regulations.
Advises public agencies on disputes arising under the California Subletting and Subcontracting Fair Practices Act.
Advises companies on Buy America compliance relative to agreements with various state and local agencies.
Frequently represents large, private entities in bid protests of government contracts.
Leads the legal team for a number of transit agencies in procurements of ferries, buses, railcars, and locomotives.
Publications
"Brown Act in a Time of Pandemic: the Governor Vetoes AB 339," Government Law Alert (October 2021)
"New Legislation Addresses Brown Act Teleconferencing Requirements," Government Law Alert (September 2021)
"California Legislature Takes Aim at Brown Act Teleconferencing Requirements," Government Law Alert (September 2021)
"Busker v. Wabtec – California Supreme Court Rules That On-Board Work Is Not Public Works," Appellate Alert (August 2021)
"The Brown Act Finally Meets Social Media," Government Law Alert (September 2020)
"The California Court of Appeal Issues Landmark Local Government Finance Decisions," Government Law Alert (July 2020)
"California Supreme Court Case Alert: Public Records on Private Accounts," Government Law Alert (March 2017)
"The Wild West of Commercial Drones—Why 2015 Could Be a Pivotal Year in California," Public Law Journal (May 2015)
"Regulating the 'Initiative Industrial Complex:' Is SB 168's proposed prohibition of per-signature payment an unconstitutional restriction on core political speech?" Public Law Journal (Spring 2011)
"Getting to a Citizens’ Constitutional Convention: Legal Questions (Without Answers) Concerning the People’s Ability to Reform California’s Government Through a Constitutional Convention," Loyola of Los Angeles Law Review (Winter 2011)
"Local Regulation of Commercial Drones: The Next Frontier," Government Law Alert (April 2014)
Steven D. Miller
Partner
Blog Posts
Drones And Local Government — A COVID Story, Drone Law (March 2021)
FAA Issues Final Rules On Operation Over People And Remote Identification, Drone Law (February 2021) "Remote Identification: The FAA Proposed Rule and Privacy," Drone Law (February 2020) "Remote Identification: First Step in Expanded Drone Operations?" Drone Law (February 2020)
"Remote Identification: What’s Next for Local Government Owners/Operators of Critical Infrastructure?," Drone Law (February 2020)
"Remote Identification: Why is the FAA’s Rulemaking a Potential Game Changer?," Drone Law (February 2020) "Why Didn’t Amazon Deliver My New Shoes Using a Drone?" Drone Law (November 2019) "249 Grams—the Magic Number?," Drone Law (November 2019)
"Update on the (Slowly) Developing Preemption Landscape," Drone Law (September 2019) "Further Delay of the FAA’s Remote Identification Rulemaking," Drone Law (September 2019) "Anti-Drone Technologies," Drone Law (September 2019)
"Hoverlaw Returns- Update from Marin County," Drone Law (September 2019) "Trump Executive Order Introduces Pilot Program," Drone Law (October 2017) "Update from California: (Almost) All’s Quiet on the Western Front," Drone Law (September 2017) "Drone Delivery...To Prison," Drone Law (July 2017)
"Contracting With Commercial Drone Operators In a New Legal Landscape," Drone Law (March 2017) "To Permit Or Not To Permit," Drone Law (March 2017)
Presentations
"Drone Law: Flying into Troubled Skies in 2016," co-speaker, The Knowledge Group webinar (June 2016) "Municipal Regulation of Drones," Strafford Webinar (January 2016)
Press
"Trump executive order eases path for deliveries by drone," SFGATE (October 2017)
"Pending SF policy could let city agencies launch drones," San Francisco Chronicle (May 2017) "Who Will Regulate Flying Cars?," The Recorder (April 2017) Steven D. Miller
Partner
"California struggles to lead the way on drone regulation," Los Angeles Times (August 2016)
"Model Airplane Hobbyists Skeptical Of Proposed Drone Registry," Popular Science (November 2015)
Academic Distinctions
Hastings Law Journal, Articles Editor
Order of the Coif & Thurston Society
Education
J.D., magna cum laude, University of California, Hastings College of the Law (2004) Artist Certificate, San Francisco Conservatory of Music (1992) B.M., Indiana University (1986)
Admissions and Courts
California
PAGE 1 OF 8
Employment & Education
2012 – Present Hemming Morse, LLP
Certified Public Accountants, Forensic and Financial Consultants Partner
1995 – 2011 Hemming Morse, Inc.
Director, 1997-2011
Manager, 1995-1996
1990 – 1995 Neilson Elggren Durkin & Co.
Manager, 1992-1995
Supervisor, 1990-1992
1982 – 1990 Federal Bureau of Investigation
Special Agent
1978 – 1982 Maryland Center for Public Broadcasting
Senior Accountant
1978 Towson State University, Baltimore, Maryland
B.S. Business Administration
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
PAGE 2 OF 8
Professional & Service Affiliations
■ Certified Public Accountant, State of California
■ Certified Fraud Examiner
■ Certified in Financial Forensics
California Society of Certified Public Accountants
– Past Chair of Litigation Steering Committee
– Past Chair of Fraud Operating Committee
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
■ American Institute of Certified Public Accountants
■ Association of Certified Fraud Examiners
■ Society of Former Special Agents of the FBI
■ Northern California Fraud Investigators Association
Seminar Instruction
■ “Law and Technology”
Tel Aviv and Berkeley Law Schools Joint LL.M. Program
Berkeley, CA, July 2016
■ “Foreign Corrupt Practices Act - Latest Trends”
California Society of CPAs
Newport Beach, CA, March 2016
■ “Case Study - The Shopping Center King: Insurance
Fraud and a Host of Other Bad Things”
California Society of CPAs
Los Angeles, CA, August 2015
■ “Law and Technology”
Tel Aviv and Berkeley Law Schools Joint LL.M. Program,
Berkeley, CA, August 2015
■ “Finding Fraud Through Interviewing... Detecting
Deception (Part 2)”
AICPA Webcast (Panelist)
New York, NY, July 2012
■ “What You Don’t Know Will Hurt You – Conducting a Large Scale Internal Investigation in the New World”
California Society of CPA’s
San Francisco, CA, April 2021
■ “Funds Tracing in a Murder Investigation”
AICPA Forensic and Valuation Services Conference
Atlanta, GA, November 2018
■ “How Many Frauds Can be Perpetrated at One Time? A
Case Study”
AICPA Forensic and Valuation Services Conference
Atlanta, GA, November 2018
■ “Overview of the U.S. Judicial System”
Tel Aviv and Berkeley Law Schools Joint LL.M. Program
Berkeley, CA, July 2018
■ “Law and Privacy – A Debate About the Locked iPhone
Litigation”
Tel Aviv and Berkeley Law Schools Joint LL.M. Program
Berkeley, CA, July 2017
PAGE 3 OF 8
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
Seminar Instruction continued
■ “The Foreign Corrupt Practices Act - A Monitor’s
Perspective”, 22nd Annual ACFE Fraud Conference
San Diego, CA, June 2011
■ “For Profit Frauds in a Not-For-Profit World”
AICPA National Not-For-Profit Financial Executive
Forum, San Francisco, CA, November 2010
■ “Financial Fraud Investigations Methodology”
California Society of CPAs, San Francisco, CA
January 2010
■ “The Foreign Corrupt Practices Act: An Independent
Monitor’s Perspective”, The PIPEs Conference 2009, Las
Vegas, NV, November 2009
■ “Foreign Corrupt Practices Act and Other Ethical
Considerations”, The China Deal 2010 Conference, San
Francisco, CA, October 2009
■ “The Role of the Monitor in Federal Cases”
CalCPA Litigation Steering Committee, Los Angeles,
CA, August 2009
■ “Introduction to Financial Forensic Accounting”
Golden Gate University, San Francisco, CA
April 2009, August 2009
■ “Crisis Management - What to do when Fraud is
Detected”, Governance Conference, Bellevue, WA,
October 2008
■ “An Independent Monitor’s Perspective on Compliance
with the Foreign Corrupt Practices Act”
California Society of CPAs and Bar Association of
San Francisco, San Francisco, CA, January 2008
■ “Finding Fraud Through Interviewing... Tales From
Fraudsters and Those Who Catch Them (Part 1)”
AICPA Webcast (Panelist)
New York, NY, May 2012
■ “Internal Controls, Governance and Management
Structure” (Panelist), Thompson Reuters - The China
Deal 2012: Legal and Economic Outlook For Inbound and
Outbound Deals San Francisco, CA, May 2012
■ “From Suspicion to Conviction”
Institute of Internal Auditors, Hawaii Chapter
Honolulu, HI, February 2012
■ “Foreign Corrupt Practices Act - A Monitor’s Perspective” Institute of Internal Auditors, Hawaii Chapter
Honolulu, HI, February 2012
■ Interviewing for CPAs: Cutting Through the Rhetoric” California Society of CPAs - Combined Section
Meeting, Marina Del Rey, CA, October 2011
■ “From Suspicion to Conviction: Fraud Case Studies”
AICPA National Governmental and Not-For-Profit Training Program, Orlando, FL, October 2011
■ “Developing Your Fraud Investigation Through
Percipient and Subject Interviews”
AICPA National Governmental and Not-For-Profit
Training Program, Orlando, FL, October 2011
■ “The Role of Forensic Accountants”
GE Capital Americas Risk / Loss Mitigation Retreat
Tarrytown, NY, June 2011
PAGE 4 OF 8
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
Publications
■ “Tips for an Efficient and Effective Fraud Investigation” Law 360, July 2015 (Co-author)
■ “The Foreign Corrupt Practices Act: Opportunities for Accountants and Lawyers”
The Witness Chair, Winter 2016
News Media Contacts
■ NBC Nightly News Special report by Jim Avila –
“Following the Terrorists’ Money Trail,”
September 24, 2001
■ The Los Angeles Times “Tracing the Money Trail of
Terrorism,” September 24, 2001
■ The New York Times “And Now, a Case for the Forensic
Accountant,” May 27, 2001
■ KPIX Channel 5 News, San Francisco, California
Investigative report by Anna Werner on Fremont
Football League; interviewed regarding forensic
accounting procedures, February 2006
■ KRON Channel 4 News, San Francisco, California
Interviewed regarding forensic accounting;
aired May 30, 2002
■ ABC News Productions Interviewed for Court TV
production; October 19, 2001
Testimony
Trial
■ IAS Services Group, LLC v. Jim Buckley & Associates,
et al. (July 2016), U.S. District Court, Western District of Texas, Case No. 5:14-CV-180-FB
■ Rincon EV Realty LLC, et al. v. CP III Rincon Towers, Inc., et al. (July 2012), San Francisco Superior Court, Case No. 10-496887
■ City of Glendale v. Marcus Cable Associates, LLC,
dba Charter Communications (February 2012),
Los Angeles County Superior Court,
Case No. EC 051903
■ United States v. David Bergstein (February 2018), United States District Court, Southern District of New York,
Case No 16 Cr. 746 (PKC)
■ Audiencearc, Inc. v Spark Public Relations, LLC
(February 2018), Superior Court of California, County of San Francisco, Case No. CGC-16-552836
■ Walter Ruf, et al v. Palm Canyon Hotels, Inc., et al
(March 2017), Superior Court of California, Burbank, CA Case No. BC539849
PAGE 5 OF 8
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
Testimony continued
Trial continued
■ United States Ex. Rel DRC, Inc., et al. v. Custer
Battles, LLC, et al. (March 2006), U.S. District Court, Eastern District of Virginia, Case No. CV-04-199-A
■ People v. David Mark Levey (July 2005), Contra Costa
County Superior Court, Case No. 1123341-0 F
■ The People of the State of California v. Hanson
Building Materials America, Inc., et al. (June 2005)
Contra Costa County Superior Court
Case No. MSC04-00524
■ People v. Howard Douglas Porter (July 2008),
Stanislaus County Superior Court, Case No. 1219173
■ BHE Group, Inc., et al. v. MTS Products and Ben
Hsia (February 2008), Los Angeles County Superior Court, Case No. EC 041097
■ People of the State of California v. Roland Clark
Colton, and Paul McNeece Roesser (October 2007),
San Diego County Superior Court, Central Division,
Case No. CD204432
■ Chevron U.S.A., Inc. v. SSD & Associates (August
2006), U.S. District Court, Northern District of California, Case No. C05-3276 WHA
Deposition
■ Storz Management Company, and Storz Realty, Inc.
v. Andrew Carey and Mark Weiner (June 2019)
U.S. District Court, Eastern District of California
Case No. 2:18-cv-00068-TLN-DB
■ Terroir Capital LLC, Terroir Winery Fund LP, and
Terroir Hotel and Resort Fund II LP, Claimants v.
Charles A. Banks, IV, Respondent (May 2019)
JAMS Arbitration, San Francisco, CA
Reference No. 1100098398
■ Western Riverside Council of Governments and City of
Beaumont v. National Union Fire Insurance Company
(July 2022), U.S. District Court, Central District of California Case No. 5:20-cv-02164-GW (KKx)
■ Leoch Battery Corporation v. Hui Peng & Eastern
International, LLC (May 2022)
Superior Court of California, County of Orange
Case No. 30-2020-01131891-CU-CO-CJC
PAGE 6 OF 8
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
Testimony continued
Deposition continued
■ Walter Ruf, et al v. Palm Canyon Hotels, Inc., et al
(February 2017), Superior Court of California, Burbank, CA,Case No. BC539849
■ IAS Services Group, LLC v. Jim Buckley & Associates,
et al. (July 2015), U.S. District Court, Western District of Texas, Case No. 5:14-CV-180-FB
■ Cambridge CM, Inc. v. Basil P. Fthenakis, et al.
(July 2014),Santa Clara County Superior Court,
Case No. 112 CV 223040
■ Rincon EV Realty LLC, et al. v. CP III Rincon
Towers, Inc., et al. (June 2012), San Francisco Superior Court, Case No. 10-496887
■ Abarca, et al. v. Merck & Co., et al (February 2012), Eastern District of California Fresno Division,
Case No. 1:07-CV-0388 DOC DLB
■ City of Glendale v. Marcus Cable Associates, LLC,
dba Charter Communications (July 2011),
Los Angeles County Superior Court,
Case No. EC 051903
■ Alfa Tech Consulting Engineers, Inc. v. Cambridge
CM, Inc. (February 2011), JAMS Arbitration - San Jose,
CA, Case No. 1110012203
■ American Insurance Company, Travelers Indemnity
Company (December 2009), Circuit Court of Cook
County, Illinois, Case No. 2005 L 011044
■ Kevin McGee v. Terroir Capital LLC (April 2019)
Superior Court of California, County of Sonoma
Case No. SCV-262108
■ Aletheia Research and Management, Inc. v. Axis
Surplus Insurance Company (March 2019)
Superior Court of California, County of Los Angeles
Case No. BC485198
■ United States Ex. Rel DRC, Inc., et al. v. Custer
Battles, LLC, et al. (March 2006), U.S. District Court, Eastern District of Virginia, Case No. CV-04-199-A
■ People v. David Mark Levey (July 2005), Contra Costa
County Superior Court, Case No. 1123341-0 F
■ The People of the State of California v. Hanson
Building Materials America, Inc., et al. (June 2005)
Contra Costa County Superior Court
Case No. MSC04-00524
■ Mary Affinito and Michelle Affinito, as Co-Trustees
of The Alfred A. Affinito Trust v. Michael Affinito, et al (November 2018), Superior Court of California, Contra Costa County, Case No. C17-00286
■ Audiencearc, Inc. v Spark Public Relations, LLC
(October 2017), Superior Court of California, County of San Francisco, Case No. CGC-16-552836
■ United Energy Trading, LLC v. Pacific Gas and
Electric Company, et al (October 2017)
U.S. District Court, Northern District of California
Case No. 3:15-CV-02383-RS
PAGE 7 OF 8
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
Testimony continued
Deposition continued
■ Patricia Davis Raynes, et al. v. Marvin Davis,
Kenneth Kilroy, et al. (September 2006), JAMS
Arbitration, Los Angeles, CA, Case No. 1220034665
■ Chevron U.S.A., Inc. v. SSD & Associates
(July 2006), U.S. District Court, Northern District of
California, Case No. C05-3276 WHA
■ Insurance Ventures, Inc. v. Vesta Fire Insurance
Corporation (November 2005), Sacramento County
Superior Court, Case No. O4AS00268
■ United States Ex. Rel DRC, Inc., et al. v. Custer
Battles, LLC, et al. (October 2005), U.S. District Court, Eastern District of Virginia, Case No. CV-04-199-A
■ Daniel Garcia v. Thomas White (November 2005)
San Francisco Superior Court
Case No. CGC 02-414569
■ Martha Wood, et al. v. John M. O’Quinn, et al.
(September 2005), American Arbitration Association,
Houston, TX
■ The People of the State of California v. Hanson
Building Materials America, Inc., et al. (May 2005)
Contra Costa County Superior Court
Case No. MSC04-00524
■ Shinazy Enterprises, Inc.; Botta’s Auto Body v.
Truck Insurance Exchange; Farmers Insurance
Group (September 2009), San Francisco Superior Court,
Case No. CGC-07-461955
■ Banco De Mexico v. Orient Fisheries, Inc., et al.
(August 2009), U.S. District Court, Central District of California, Case No. 2:07-CV-07043 GAF
■ Carolyn Vertuca, Trustee of The Louis R. Laeremans
Trust dated December 12, 1997, et al. v. Citigroup
Global Markets, Inc. dba Citi Smith Barney, et al.
(July 2009), Alameda County Superior Court,
Case No. RG07335879
■ Community Memorial Health System, et al. v.
Bartlett, Pringle & Wolf LLP, et al. (2008), Ventura County Superior Court, Case No. 56-2008-00318564-CU-FR-VTA
■ BHE Group, Inc., et al. v. MTS Products and Ben
Hsia (November 2007), Los Angeles County Superior Court, Case No. EC 041097
■ Norris Houk v. CSAA (August 2007),
Arbitration, San Francisco, CA
■ Gerald Laframboise, dba Laframboise Construction
v. Alan Van Vliet, et al. (February 2007), Mono County
Superior Court, Case No. 15092
■ New World TMT Limited v. PrediWave Corporation,
et al. (September 2006), Santa Clara County Superior
Court, Case No. 104 CV020369
PAGE 8 OF 8
CURRICULUM VITAE
CONCORD OFFICE
1390 Willow Pass Road, Suite 410
Concord, CA 94520
T: 415.836.4000
F: 415.777.2062
HEMMING.COMDANIEL W. RAY, CPA/CFF, CFE
Testimony continued
Aribtration
■ French Camp Vineyards v. Guenoc Winery
(May 2004), San Francisco, CA
■ Far Eastern Group I v. Hayes Valley Development
Partners (February 2002), San Mateo, CA
NASD Arbitration
■ A. G. Edwards & Sons, Inc. v. Wendy Feldman
Purner (September 2005)
Arbitration Case No. 02-04317, San Diego, CA
■ A. G. Edwards & Sons, Inc. v. Wendy Feldman
Purner (September 2004)
Arbitration Case No. 02-04275, Seattle, WA
■ Alfa Tech Consulting Engineers, Inc. v. Cambridge
CM, Inc. (March 2011), JAMS Arbitration - San Jose, CA, Case No. 1110012203
■ Europlay Capital Advisors, LLC v. Pamela S. Colburn
(December 2007), American Arbitration Association,
Case No. 72 180 Y 00337 07 WYGI
■ Tigran Z. Marcarian v. Tony Lee, et al.
(October 2007), Santa Clara County, CA
■ Norris Houk v. CSAA (August 2007), San Francisco, CA
■ George Goff, et al. v. The Thomas Kinkade
Company, et al. (April 2006), Los Angeles, CA
■ Daniel Garcia v. Thomas White (November 2005), Superior Court, San Francisco, CA, Case No. CGC 02-414569
■ Martha Wood, et al. v. John M. O’Quinn, et al.
(October 2005), Class Certification Hearing, Houston, TX
Representative Experience
of Daniel W. Ray, CPA/CFF, CFE
Public Corruption Matter for City of Beaumont
In December 2016, I was retained by the Riverside District Attorney’s Office to serve as their expert in connection with a criminal investigation involving seven former government officials for the City of Beaumont, CA. The criminal defendants included the Economic Development Director, City Manager, Public Works Director, City Planning Director, Finance Director, City Attorney, and Chief of Police. The matter involved the issuance of approximately $350 million of bonds by Beaumont to fund capital improvements. Various Beaumont officials formed consulting firms into which nearly $90 million of bond proceeds were diverted. The investigation conducted discovered a fraudulent billing practice by these officials. All of the former public officials involved in the fraudulent billing scheme have pled guilty to criminal charges.
In addition to the work performed for the Riverside District Attorney’s office on this matter, I was also retained by outside counsel for the City of Beaumont to assist them with a pending SEC investigation relating to the issuance of the bonds.
FCPA Compliance Monitor for Medical Device Company
From March 2012 through December 2014, I served as the FCPA Compliance Monitor for a medical device company located in Europe whose stock is listed on a U.S. stock exchange. This company was required to appoint an FCPA Monitor pursuant to a three-year deferred prosecution agreement with the Department of Justice and Consent Decree with the SEC for violations of the Foreign Corrupt Practice Act. Rather than the customary three-year assignment, this company was offered a “Hybrid Monitorship” which potentially limits, under certain conditions, the role of the external monitor to a period of 18 months. As the Compliance Monitor for this $5 billion company, I reviewed its worldwide operations making numerous site visits to various countries including Russia, China and throughout Europe. Reports of findings were issued to the DOJ and SEC on a periodic basis. Upon my recommendation, with the concurrence of the DOJ and SEC, this company was allowed to self-monitor for its remaining 18-month period. It is my understanding that this company is the first to be allowed to self-monitor under the Hybrid Monitorship program.
FCPA Compliance Monitor for Siemens Healthcare Diagnostics From May 2005 through May 2008, I served as the FCPA Compliance Monitor for Siemens Healthcare Diagnostics. This division of Siemens AG generates approximately $3.7 billion of revenue. This monitoring assignment was pursuant to a three-year deferred prosecution agreement
Page | 2
with Department of Justice and Consent Decree with the SEC for violations of the Foreign Corrupt Practices Act. The monitoring assignment commenced with a company called Diagnostic Products Corporation, but this entity was soon thereafter acquired by Siemens. This assignmen t required me to monitor the worldwide operations of Siemens Medical Solutions Diagnostics. As the Monitor, I was required to submit reports of findings to the SEC and DOJ on the Company’s compliance with the terms of its settlement agreements. As the desi gnated FCPA Monitor, I met with and interviewed company officials throughout the world including numerous countries in Asia and Europe.
FCPA Consulting for SciClone Pharmaceuticals
From November 2012 through August 2016, I provided “informal” monitoring services to SciClone Pharmaceuticals, Inc. (“SciClone”) which was being investigated by the DOJ and SEC for suspected FCPA violations. SciClone is headquartered in Northern California, but the vast majority (approximately 90%) of its sales and staff are in China. I was retained by the Board of Directors and Audit Committee to assist with making the necessary improvements to the compliance and accounting controls in response to ongoing government investigations. In connection with this assignment, I traveled to China several times per year and consulted with the finance, accounting, and compliance staff. I thereafter made recommendations, reported to the Audit Committee, then assisted and monitored the implementation of the adopted recommendations. In addition, I accompanied the SciClone officers and outside counsel to Washington, D.C. to make a presentation to the DOJ and SEC regarding the improvements made.
In February 2016, SciClone reached a settlement with the SEC.1 John Dwyer, managing partner of the Palo Alto office of Cooley, LLP, helped to negotiate this settlement with the SEC. I was informed by Mr. Dwyer that the work I performed for SciClone helped to bring about the successful resolution of this matter.
Central Contra Costa Sanitary District v. Orinda Moraga Disposal
A $2.5 million fraud was uncovered during the course of a financial investigation into the operation of Orinda Moraga Disposal Services (“OMDS”). The Central Contra Costa Sanitary District initiated this investigation when the owners of OMDS made multiple requests to increase its rates. The investigation uncovered several fraud schemes involving diversions of customer payments, as well as sham payments to undisclosed entities controlled by the owners of OMDS. The owners of OMDS also diverted in excess of $1 million in fees paid by its two largest customers. The owners of OMDS pled guilty to federal mail and wire fraud charges. This fraud discovery resulted in civil litigation against the former owners as well as the audit firm that issued “clean” audit opinions. I also worked closely with the FBI and U.S.
Attorney’s Office on the criminal case.
1 The investigation by the DOJ was closed with no action being taken against SciClone.
Page | 3
People v. Douglas Porter
I was retained by the Modesto District Attorney’s Office in connection with a criminal matter in which the defendant, Douglas Porter, was accused of elder abuse, attempted murder and murder. Mr. Porter was a pastor of a church and was suspected of attempting to murder, and then subsequently murdering an 85-year-old friend who had given Mr. Porter power of attorney over his various bank and securities accounts. The engagement involved analyzing the funds disbursed from the victim’s accounts to determine the uses of the funds. I testified at the criminal trial that the bulk of the funds were diverted to the personal benefit of Mr. Porter. In August 2008, the jury found Mr. Porter guilty on all counts and he was sentenced to life in prison.
Institutional Treasury Management (ITM) / Steven D. Wymer (Ponzi Scheme)
I served as an accountant to the Trustee in this bankruptcy case. ITM was placed into bankruptcy by a court appointed examiner after an investigation by the SEC and FBI uncovered a massive fraud scheme in excess of $100 million. For several years, the owner of ITM, Steven D. Wymer, operated an embezzlement and Ponzi scheme involving investments by institutional and municipal clients in the U.S. Treasury Market. After pleading guilty, Wymer was sentenced to fourteen years in prison. The work performed included the tracing of Treasury Bond purchases and sales, and cash transfers totaling in excess of $1.5 billion through numerous accounts.
Warren Capital Corporation (Ponzi Scheme)
Following the sudden death of the founder of Warren Capital, Clay Stephens, it was discovered that he was operating a Ponzi scheme which resulted in losses in excess of $25 million to the investors. I was initially engaged by a law firm to conduct the necessary forensic accounting to trace the flow of funds and to establish that this was a Ponzi scheme. I was then retained by the court appointed receiver to assist with developing the plan for distributions to the investors.
Fortune 100 Company v. Health Care Clinics
I was engaged by a large corporation having a self-funded health care plan administered by a private insurance company. The corporation initiated an investigation after it learned that a large number of its employees were being treated at the same clinic. This clinic would reportedly refer the patients to its small network of doctors. It was determined that patients were having cosmetic procedures performed that were being miscoded and billed to the client as medically necessary procedures. It also appears there may have been instances in which claims were filed by the clinic for services not actually rendered. The total claims filed exceeded $1 million. During the course of the investigation I performed an analysis of the claims files and conducted approximately 65 interviews. This matter was referred to the United States Attorney’s Office for criminal prosecution.
Page | 4
FCPA Investigation for NYSE Listed Chemical Company
A NYSE listed chemical company discovered during the due diligence phase of a proposed acquisition of a chemical company based in Asia that corrupt payments were being made. I assisted outside counsel with the investigation of these alleged bribe payments and possible violations of the FCPA. During the course of this engagement, numerous interviews were conducted throughout Asia (Hong Kong, China, Singapore, and Vietnam). The investigation also included the review and analysis of the business records of the entity being acquired.
Corporate Investigation for Fortune 100 Company
I was engaged to assist in an investigation of suspected sales fraud by employees of a Fortune 100 company. App roximately 75 interviews were conducted, and more than 30 bo xes of business records were analyzed. This engagement culminated in the issuance of a four-volume report of findings. As a result of the work performed, the Public Utilities Commission held public hearings and fines were levied.
Internal Investigation by Large Hospital Group
I was engaged by the law firm of Foley & Lardner on behalf of a large hospital group based in Northern California. This hospital group had concerns of fraud due to an unanticipated $60 million loss by one of their hospitals in Central California. O ne of the p rimary concerns investigated included the possible diversion of funds loaned to various medical practices that had entered into joint venture arrangements with the hospital for outpatient services.
Investigation of Embezzlement of Funds from Celebrity
I was retained to investigate concerns that the former and long-standing bookkeeper for a high- profile celebrity may have embezzled funds. The investigation revealed that millions of dollars were taken by the employee. Based upon the findings of the investigation, the matter was referred to the FBI for possible criminal prosecution. The former employee ultimately pled guilty to embezzlement and tax charges and was sentenced in April 2010 to 33 months’ incarceration.
x
____________
3 0 0 2 5 A L I C I A P A R K W A Y , # 3 2 7
L A G U N A N I G U E L , C A 9 2 6 7 7
T E L E P H O N E: ( 9 4 9) 282 - 8 18 1
F A C S IM I L E: ( 62 6 ) 77 1 - 0044
E - M A I L : J L O V E@J L G R O U P. N E T
July 28, 2022
Indhira Gagnon Submitted electronically – via PlanetBids Portal Law Office Administrator
City Attorney’s Office
City of Anaheim
200 S. Anaheim Blvd.
Third Floor, Suite 356
Anaheim, California 92805
Re: JL GROUP, LLC’s Additional Response to City of Anaheim’s Request for Qualifications (RFQ) – Independent Outside Investigation and Forensic Audit (Rev. July 15, 2022)
On behalf of J L G roup, LLC (JL Group), thank you for the opportunity to su bmit additional responsive documents in support of our July 7, 2022 previously submitted proposal in response to the above referenced R FQ. For your conven ience, ATTACHMENT 1 hereto Confirmation No. 297738 from the PlanetBid portal verifying that our previously submitted proposal was timely received on July 7, 2022 at 3:40 p.m. (PDT).
Also, please find ATTACHMENT 2, our completed Exhibit 1 (Areas of Knowledge) that our July 7, 2022 proposal is intended to focus upon.
We realize th ere are many considerations and important decisions that need to be made to fulfill the scope of work set forth in the RFQ . As such, should the City select another firm to complete the Independent Outside Investigation and Forensic Audit, our Firm, in the alternative, would like to discuss the possibility of serving as the neutral liaison between the City and the Independent Investigator and Auditor.
Thank you for your time and consideration in this regard . We look forward to working with the City of Anaheim in the endeavors that lie ahead. If you have any q uestions regarding this correspondence and/or the attachments, please c ontact the un dersigned at ( 949) 282 -8181 or [email protected].
Jeffrey B. Love, Esq.
Principal JL GROUP, LLC
Attachments 1 and 2 (as noted above)
Independent Investigation 103-CA-06/23/2022
Detail Attachments
Back to Bid Search
REMAINING
1:19:07
Bid Information Documents Addenda/Emails Prospective Bidders Bid Results Awards Update in progress....
Cost File - Required Status: On Server RemoveDownload View JL GROUP Response to Anaheim RFQ - FEES AND COSTS 202
File Name JL GROUP Response to Anaheim RFQ - FEES AND COSTS 2022- 07-07.pdf
Response File - Required Status: On Server RemoveDownload View JL GROUP - Response to Anaheim RFQ Independent Invest an File Name JL GROUP - Response to Anaheim RFQ Independent Invest and Audit 2022-07-07.pdf
Title *
Title *
Withdraw Submit Cancel Save
City of Anaheim
Copyright © 2022 PlanetBids Inc. | | Dark Mode Privacy Policy Terms & Conditions Thank You!
Your bid has been successfully submitted to City of Anaheim.
Bid Con rmation #297738 (July 7, 2022 3:40 PM (PDT))
Your eBid can be edited or withdrawn at any time prior to bid Closing.
Bid Successfully Submitted
Summary OK
ATTACHMENT 1
CITY OF ANAHEIM
Request for Qualifications: Independent Investigation
EXHIBIT 1
AREAS OF
KNOWLEDGE
Please check all areas that are to be considered in this proposal.
Area of Knowledge Select if
Proposing Comments
Forensic Audit-Campaign Contributions
Administrative Investigations:
Organization/Personnel/Elected Officials
X
See JL GROUP, LLC's Proposal previously
submitted on July 7, 2022
Brown Act/Serial Meeting Investigation See JL GROUP, LLC's Proposal previously submitted on July 7, 2022
ATTACHMENT 2
X
X
See JL GROUP, LLC's Proposal previously
submitted on July 7, 2022
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
____________
3 0 0 2 5 A L I C I A P A R K W A Y , # 3 2 7
L A G U N A N I G U E L , C A 9 2 6 7 7
T E L E P H O N E: ( 9 4 9 ) 282 - 8 1 8 1
F A C S I M I L E: ( 6 2 6 ) 7 7 1- 0 0 4 4
E - M A I L : J L O V E@ J L G R O U P . N E T
JL GROUP, LLC’ RESPONSE TO CITY OF ANAHEIM’S
REQUEST FOR QUALIFICATIONS (RFQ) FOR INDEPENDENT INVESTIGATION
INTRODUCTION
JL G ROUP, LLC ( Proposer/JL GROUP) is a n Orange County -based firm providing professional workplace consulting and investigative services to both public and private entities. With over 70 years of combined experience in private law practice, law enforcement, and private investigation, Proposer/JL GROUP has developed a team of attorneys licensed to practice law in the State of California, and highly-qualified former police executives , and private investigators, all with extensive experience in providing specialized employment services, including, but not limited to, employee misconduct investigations, hostile work en vironment investigations, risk management training and management consulting services.
SCOPE OF WORK CONTEMPLATED
In light of the Federal investigations recently made public, Proposer/JL GROUP recognizes and fully understands the Owner/City of Anah eim’s need to engage a n outside organization to conduct a comprehensive independent fact-finding investigation and parallel forensic accounting to determine what, if any, and the extent to which:
• The former City Mayor, Harry Sidhu, and/or any existing City Councilmembers engaged in improperly directing or i nfluencing City business and/or activitie s based on campaign contributions;
• Any City staff was involved with, participated in , or was a party to any illegal and/or unethical behaviors in context of the Federal investigations; and
• Any ongoing communications/meetings were in violation of the Brown Act occurred or took place in the context of the facts alleged in the Federal investigations.1
Proposer/JL GROUP is fully capable and st ands ready and prepared to me et the Owner/City’s needs and goals in accomplishing this important endeavor.
1 Please s ee page 6 of this Response at section entitled “ANTICIPATED DUTIES AND PROJECT APPROACH” wherein Proposer/JL G ROUP addresses the actions likely necessary to ful fil the Scope of Work contemplated in the Owner/City’s RFQ.
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
JL GROUP, LLC – EXPERIENCE
Founded in 2006, Proposer/ JL GROUP’s clients include more than 60 Southern California municipalities, special districts, educational districts, and law enforcement agencies,
Within the last five years, the Firm has conducted more than 200 independent workplace administrative investigations for public agencies and prepared comprehensive fact-finding reports in subject matters, including, but not limited to: Organizational Sabotage, Embezzlement, Misuse of Public Funds, Misuse of Publi c Property, Whis tle Blower and Ethics Hotline Inquires, Theft and Property Damage, Technology Manipulation, Hacking or Abuse/Misuse of Public Entity Technology, Hostile Workplace and/or Bullying , Misconduct of Elected Officials and Public Sector Management/Executive Personnel Investigations.
Recent Similar Projects Completed
The following sets forth details of recent similar projects undertaken and completed by the Firm. In each matter, the Firm completed each project within the approved cost budget and on time.
1. CLIENT City of Barstow
Client Address 220 E Mt. View Street., Ste A., Barstow, California 92311 Contact Name Darcy Wigington
Contact Title Human Resources Manager
Contact Phone (760) 255-5129
Contact E-mail [email protected]
Scope of Services
Provided
Administrative Investigation of elected official – Allegations of:
Perpetual interference with City personnel hiring and management practices and administration of progressive discip line policies; repeated direction to City law enforcement personnel to take inappropriate and illegal actions against City residents ; inappropriate interactions with and sex/gender discriminatory actions against f emale City staff ; threatening negative job actions aimed at City Department Directors and Managers; interfering with Public Works projects and publicly threatening Public Works employees with negative job actions; engaging in acts of retaliation and m anipulation toward City staff; failure to report damage to parked City vehicle caused by personal vehicle (hit-and-run); publicly accusing City employees, community leaders, and volunteers of active affiliations with white supremacist organizations; breaches of confidentiality in personnel matters; and violations of the Brown Act.
Conducted 20+ witness interviews of elected and non-elected City officials, City staff , volunteers and residents; extensive document and evidentiary reviews; prepared comprehensive Report of Findings (216 pages, plus attachments).
Completion Date
Project Cost
July 1, 2022
$40,000
2. CLIENT City of Montebello
Client Address 1600 W. Beverly Blvd., Montebello, California 90640 Contact Name Nicholas Razo
Contact Title Director of Human Resources
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
Contact Phone (323) 887-1377
Contact E-mail [email protected]
Scope of Services
Provided
Administrative investigation of elected official – Allegations of:
Repeated misconduct; continual intimidation of City staff ; undermining and interfering with labor negotiations and other City management matters; inappropriate interactions with City staff; and violations of the Brown Act.
Conducted numerous witness interviews, extensive document and evidentiary reviews; prepared comprehensive Report of Findings.
Completion Date
Project Cost
March 29, 2022
$35,000
3. CLIENT County of Ventura, District Attorney’s Office Client Address 800 S. Victoria Avenue #314, Ventura, California 93009 Contact Name Michael K. Frawley
Contact Title Chief Deputy District Attorney
Contact Phone (805) 654-2538
Contact E-mail [email protected]
Scope of Services
Provided
Administrative Investigation – Allegations of:
Misconduct/unfair treatment in promotion process by senior investigative personnel that resulted in denial of internal promotions; and Numerous violations of California Penal Code, County personnel rules and regulations and Department policies and procedures by senior investigators.
Conducted independent audits of e -discovery and metadata , a nalyzed extensive documentary evidence (e-mails, witness statements, hearing transcripts), interviewed witnesses, prepared comprehensive statement of facts and supporting evidence in tandem w ith final repo rt of findings and conclusions.
Completion Date
Project Cost
January 2020
$38,500
4. CLIENT City of La Mesa
Client Address 8130 Allison Avenue, La Mesa, California 91942 Contact Name Rida Freeman
Contact Title Human Resources Risk Manager
Contact Telephone (619) 667-1179
Contact E-mail [email protected]
Scope of Services
Provided
Administrative Invest igation – Complaints by law enforcement officers against supervisor alleging racial discrimination, s exual harassment, gender-based d iscrimination, inappropriate co mments concerning others in the workplace and general complaints of workplace incompetency a nd misuse of supervisory authority.
Conducted 20 + witness interviews, extensive do cument and evi dentiary reviews; prepared report of findings (175 pages, plus attachments).
Completion Date
Project Cost
April 2019
$21,300
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
STAFF QUALIFICATIONS - AVAILABILITY
At this time, Proposer/JL GROUP is sufficiently staffed and immediately avai lable to perform the tasks contemplated in the Scope of Work as set forth in Section 3. of the Owner/City’s Request for Qualifications (RFQ), in a thorough, professional, and timely manner.
QUALIFICATIONS OF KEY PERSONNEL TO BE ASSIGNED TO THIS MATTER
Jeffrey B. Love, Esq. – JL Group, LLC Partner/Principal (CV Attached)
Mr. Love was admitted to practice law in the State of California in 199 4. He has a Bachelor ’s Degree in Management from the University of Sa n Francisco , and obtained his Juris Doct orate from Western State College of Law.
With over 25 years of legal experience and 30 years of law enforcement experience, Mr. Love has conducted and overseen complex and high-profile independent administrative investigations for the Firm’s Southern California’s municipal clients. Mr. Love previously worked for the Irvi ne Police Department for nearly 30 years, retiring at the r ank of Lieutenant. During his law enforcement career, he obtained extensive experience conducting all levels of criminal and internal affai rs investigations.
Jeffry L. Johnson, Esq. – JL Group, LLC Partner/Principal (CV Attached)
Mr. Johnson was admitted to practice law in the State of California in 1990. He has a Bachelor’s Degree from Chapman University/Taft University, a Master’s Degree in Public Administration from California State Univ ersity, Long Beach , and obtained his Juris Doctorate from Taft Univer sity School of Law. Mr. Johnson is also a graduate of the FBI National Academy (Class 185). Mr.
Johnson previously worked for the Long Beach Police Department for 29 years, retiring at th e rank of Commander.
During his law enforcement career, Mr. Johnson worked , supervised, and managed numerous and diverse investigative units, including internal affairs. Mr. Johnson ’s legal pract ice focuses on conducting concise and comprehensive administrative investigations for the public sector.
Agnes M. Szkopek, Esq. – JL Group, LLC Associate (CV Attached)
Ms. Szkopek was admitted to practice law in the State of California i n 2009. She received her Juris Doctorate from the Northwestern Califor nia School of Law. She is a skilled litigator with experience in conducting comprehensive civil discove ry, administrative investigations, and managing complex mass tort claims.
Dan Jenks – JL Group, LLC Investigator2 (CV Attached)
California Private Investigator /Qualified Manager License No. PI-189209
Mr. Jenks offers his collective investigative experience developed over his 35 years with the Los Angeles Police Department . Over t he course o f his law enforcement career, he worked as a senior Detective/Investigator, overseeing several high -profile/media intensive cases in the
2 The Firm’s Investigators each possess a current State of California Private Investigator License (as specified in California Business and Professions Code §7521).
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
Robbery/Homicide Division . Mr. Jenks has experience in managing large -scale investigations, including Ra cketeering In fluenced & Corrupt Organization (RICO) and Cont inuing Criminal Enterprise (CCE) matters.
Mr. Jenks served as a subject matter expert on Detective Function Policy and Procedure for the Los Angeles City Attorney’s Office in civil actions against the City and is a subject matter expert in all aspects of law enforcement investigation functions.
Jeffrey Brouwer – JL Group, LLC Investigator (CV Attached) California Private Investigator's License No. PI-188683
Mr. Brouwer has a Bachelor’s Degree from California State University, Long Beach, and an MBA from Trident University. He is also a gra duate of the FBI National Academy (Class 252) and a member of the Association of Workplace Investigators.
Mr. Brouwer started his career in law enforcement with the Los Angeles Police Department where he worked as a Patrol Officer and Invest igator. He made a later al move to the Newport Beach Police Department where he worked a variety of assignments in the Patrol Division, Detecti ves, Support Services and the Chief’s Office . During his t enure with t he Newport Beach Police Department, where h e acted in the capacities of Watch Commander, Detective Supervisor, Background Investigator, Polygraph Examin er, Professional Standards Unit Supervisor and Chief’s Executive Officer.
Mr. Bro uwer ultimately reti red as a Deputy Chief of P olice with the Ne wport Beach Police Department and is currently providing his extensive experience and skills conducting investigations on behalf of the Firm.
Blaine McCafferty – JL Group, LLC Contract Paralegal
Ms. McCafferty has a Bachelor’s Degree from the University of San Francisco and is a graduate of the ABA -approved Santa Ana College Paralegal Program. She provides advanced paralegal support for special projects on a contract basis. Her previous work assignments include:
Judicial Arbitration and Mediation Services (JAMS) - Contract Paralegal Case Manager supporting Special Masters appointed by United States Dis trict Court to oversee all discovery disput es between parties i n multi -district pro ceedings In re Toyot a Motor Corporation Unintended Acceleration, Marketing, Sales Practices and Products Liability Litigation. Provided liaison support to all counsel nationwide in scheduling hearings and briefing s chedules before Spec ial Masters;
Senior Litigation Paralegal for 37-member law firm specializing in employment an d business litigation matters. Established, managed and maintained litigation support databases and tracking systems for large document collections; and
Latham & Watkins - Senior Litigation Paralegal – Ten (10) year assignment providing advanced paralegal support and document management in complex litigation and appellate matters.
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
ANTICIPATED DUTIES AND PROJECT APPROACH
Working closely with the neu tral administrator selected by Owner/City, and in conjunction with the Scope of Work envisioned by the RFQ, Proposer/JL GROUP will conduct a diligent, thorough, and independent investigation by:
1. Reviewing pertinent and applicable statutes, regulations, case law, City rules, policies, and procedures.
2. Identifying and reviewing applicable and relevant evidentiary materials, including, but not limited to , tangible documents, images, photographs, electronic/digital files, and audio/video-recordings.
3. Engaging an a ppropriately qualified, impartial and neut ral forensic accou ntant and/or accounting firm t o conduct a comprehensive audit of related financial records to establish:
• Correlations between c ampaign contributions and/or other financial benefits or resources that affected or touched on the City of Anaheim’s business and/or activities; and
• How said contributions, payments, resources were applied and/or expended.
4. Follow-up on any additional evidentiary leads that may present during the investigation.
5. Prepare a nd deliver a comprehensive written report o f f indings and recommendations based on the results of Proposer/JL GROUP ’s independent investigation and forensic accounting for presentation to the Anaheim City Council and/or public.
6. Provide any additional services as requested by Owner/City.
INVESTIGATION/FORENSIC ACCOUNTING COMPELTION AND DELIVERY TIMELINE
Based upon the Firm’s previous e xperience in conducting investigative matters requiring a similar scope of work and approach, we anticipate it will take six (6) months from the initial meeting with the Owner/City’s selected neutral administrator to thoroughly investigate the facts, conduct a n accurate forensic accounting, and deliver a comprehensive written report of findings together with the results of t he forensic accounting for presentation to the Anaheim City Council and/or the public.
JL GROUP, LLC – REFERENCES
Company Name City of La Mesa
Address 8130 Allison Avenue, La Mesa, California 91942
Contact Rida Freeman
Human Resources Risk Manager
(619) 667-1179
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
Company Name City of Montebello
Address 1600 W. Beverly Blvd., Montebello, California 90640 Contact Nicholas Razo
Director of Human Resources
(949) 497-0311
Company Name City of Torrance
Address 3031 Torrance Blvd., Torrance, CA 90503
Contact Name Tatia Strader
Assistant City Attorney
(310) 618-5815
PROPOSED FEES AND COSTS
In providing the contemplated Scope of Work described in Section 3. of the Owner/City’s RFQ, Proposer/JL GROUP’s proposed fees and costs are as follows:
Fee/Cost Rates
Travel time (actual portal to portal) $250.00 per hour
Mileage at current IRS allowable rate
Transcript costs $7.00 per page
Parking and other travel related costs (actual)
Paralegal – Blaine McCafferty (outside contract – only as needed) $130.00 per hour Forensic Accounting Services: Approximately $475.00 per hour Administrative/Clerical (outside contract – only as needed) $65.00 per hour Additional Costs (as needed with Owner/City’s prior approval)
Standard Personnel Personnel ID Hourly Rate
Senior Attorney/Neutral Jeffrey B. Love, Esq.
Jeffry L. Johnson, Esq.
$350.00
Associate Attorney/Neutral Agnes M. Szkopek, Esq. $290.00 Licensed Private Investigators Dan Jenks
Jeff Brouwer
$275.00
Post Investigation (Hearings,
Depositions, Trial, etc.)
Jeffrey B. Love, Esq.
Jeffry L. Johnson, Esq.
Agnes Szkopek, Esq.
Dan Jenks
Jeff Brouwer
$450.00
(4 hour min)
Payment Terms and Conditions - Fees and costs will be invoiced by Proposer/JL GROUP pursuant to schedule to be determined at time work assigned by the City. Invoices are payable within 30-days of receipt by City.
Additional Fees/Costs – Any additional fees and/or costs not specified herein will be assessed on a case-by-case basis, and only after pre-approval by Owner/City.
JL GROUP, LLC – Response to City of Anaheim RFQ
Independent Investigation/Forensic Accounting Services
LOCAL FAMILIARITY AND OTHER FACTORS FOR CONSIDERATION
All associates of Proposer/J L GROUP have extensive local knowledge of the Orange Co unty region with extensive municipal and law enforcement contacts and affiliations. JL GROUP is, and always has been, an Orange County firm with deep roots in the region.
Proposer/JL GROUP personnel have extensive la w enforcement experience in investigating complex and protracted matters, many of which have political overtones. The Firm enjoys an excellent reputation for comprehensive, cost-effective investigations that with stand scrutiny and thorough review, and are completed on schedule. Our clients trust our work and our integrity.
The undersigned hereby certifies that as of the date of this Response/Proposal:
• Proposer/JL GROUP ha s no known conflict of interests in accepting this assignment, and agrees to immediately advise O wner/City if any potential conflict of interest a rises in th e future;
• Proposer/JL GROUP has the abilit y to provide the appropriat e certificates of insurance as required by Owner/City upon Proposer/JL GROUP’s award/acceptance of project; and
• The undersigned is the person authorized to b ind Proposer/JL GROUP to the terms of any letter of engagement or agreements negotiated as a resul t of Owner/City’s awar d of this project.
Thank you for the opportunity to submit this Response/Proposal. We look forward to the possibility of working with the City of Anaheim on this important matter. If you have any questions regarding this submittal please contact the undersigned at (949) 282-8181 or [email protected].
Dated: July 7, 2022 Respectfully submitted,
Jeffrey B. Love, Esq.
JL GROUP, LLC
Attachments:
Jeffery B. Love, Esq. (CV)
Jeffry L. Johnson, Esq. (CV)
Agnes M. Szkopek, Esq. (CV)
Dan Jenks (CV)
Jeff Brouwer (CV)
CURRICULUM VITAE
Jeffrey B. Love
Attorney at Law
30025 Alicia Pkwy. #327
Laguna Niguel, CA 92677
(949) 282-8181
[email protected]
____________________________________________________________________________________________ __
Education: Senior Management Institute for Police August 2002 Harvard University, Kennedy School Of Government, Boston, MA Juris Doctor Degree December 1992
Western State University, College of Law, Fullerton, CA Honor Roll, Dean's List
American Jurisprudence Awards
Evidence (tie)
Summer Fellowship Program July-August, 1991
Trinity College, Cambridge University, Cambridge, England Comparative US/UK Law, EEC Law, Int'l. Human Rights Law, AIDS Privacy Law Bachelor of Science Degree December 1987
University of San Francisco, San Francisco, CA
College of Professional Studies/Orange County Campus
Organizational Behavior/Management
Graduated Magna Cum Laude
Experience: Consultant/Attorney (President) April 2006 to present Jeffrey B. Love, P. C. , JL Group, LLC, Laguna Niguel, CA As a neutral fact -finder, in charge of complex administrative investigations for various municipal police departments, school districts, fire departments and cities. Conducting of mana gement audits, studies and inspections. Expert witness experience related to various litigated matters. Engaged as a neutral hearing officer on various matters relating to municipal law. Providing limited legal services.
Police Lieutenant (Retired) April 1979 to August 2006
City of Irvine Police Department, Irvine, CA
A member of the management team of the Irvine Police Department. Assignments included a command level position as the Executive Officer for the Chief of Police responsible for future projects, legislative analysis and media relations. Previous responsibility for over 50 employees including Office of Professional Development, Canine, Crime Scene Investigation, Entertainment Venue Officers, Patrol and the civilian employee programs. Lieutenant and founder of the Profess ional Standards Unit in charge of internal affairs investigation, risk management, criminal intelligence and as the Police Legal Advisor to the Chief of Police and the management staff.
LOVE CV-1
Ciriculum Vitae – Jeffrey B. Love
Adjunct Professor/Lecturer August 2005 to present
California State University Long Beach, Long Beach, CA
Adjunct Professor in the Criminal Justice Department of a California State University responsible for instructing coursework at the university level in various aspects of criminal justice curriculum at the undergraduate and graduate level.
Adjunct Professor January 2008 to May 2010
Concordia University, Irvine, CA
Adjunct Professor in the Sociology Department of a private Lutheran university responsible for instructing coursework at the university level in various aspects of criminal justice curriculum at the undergraduate level.
Attorney at Law (Of Counsel) December 1995 to May 2006
The Law Firm of Jones and Mayer, Fullerton, CA
Assignments as attorney involved in internal affairs investigations for various police and governmental agencies as well as performing office and court related duties as the deputy city prosecutor for various municipal agencies. Police legal advisor to chiefs’ of police.
Attorney at Law (Principal) December 1994 to April 2006 The Law Offices of Jeffrey B. Love, P.C., Trabuco Canyon, CA Sole practitioner with practice related to consumer law matters, consultation regarding sexual harassment investigations and litigation, administrative investigations, business litigation and various other legal matters.
Affiliations: Past Committee Chair – Southern Section CPOA Police Legal Advisors Member, California Bar
Member, Orange County Bar Association
Mentor, Badge and Gavel Society
Member, Police Executive Research Forum
Member, Orange County Press Club
Additional Skills: Legal Analysis, Investigations, Neutral Hearing Officer, Management Practices, Expert Witness in Various Aspects of Law Enforcement Practices, Labor and Hiring Issues, Media Relations, Public Speaking and Teaching, Certified Domestic Violence Counselor, State Certified Mediator
Teaching/
Consulting:
Adjunct Professor– Concordia University in the area of criminal justice curriculum and sociology.
Adjunct Professor– Cal. State University Long Beach in the area of criminal justice curriculum and within the Forensic Certification Course.
Lecturer – V.T. & Associates regarding sexual harassment investigations Co-authored: “Sexual Harassment/Hostile Work Environment Investigation” Lecturer – The Wright Group regarding work place violence issues Lecturer – The Irvine Police Department regarding internal affairs investigations and LOVE CV-2
Ciriculum Vitae – Jeffrey B. Love
work place violence issues
Lecturer – Various Workers ’ Compensation Management Groups regarding work place violence issues
Lecturer – Orange County Police Chaplains’ Association regarding priest/penitent privilege.
Consultant/Expert Witness – The Oceanside Police Department regarding sexual harassment litigation.
Consultant/Expert Witness -- The El Cajon Police Department regarding sexual harassment litigation.
Consultant -- The City of Chino regarding sexual harassment and work place violence issues.
Consultant – The City of South El Monte regarding sexual harassment matters.
Consultant – The University of California at Riverside Police Department regarding sexual harassment issues.
Consultant – The City of El Segundo regarding worker’s compensation fraud.
Consultant – Ventura County Community College District, Maywood Police Department, Huntington Park Police Department, Southgate Police Department, Poway Fire Department, City of Ontario, Monterey Park Police Department, Hermosa Beach Police Department, Ci ty of Whittier, City of Lynwood, City of La Quinta, Coachella Valley Mosquito and Vector Control District, City of Torrance, Port of Long Beach, City of Hesperia and several others agencies regarding internal affairs/administrative investigation matters, management audits and neutral hearing services.
Consultant/Trainer – The Torrance Police Department regarding police officer court testimony.
Consultant/Volunteer – The Women’s Walk-in Resource Center, Fullerton, California regarding organizing and staffing a monthly legal clinic for indigent clients.
Deputy City Prosecutor – City of La Mirada, City of Brea, City of West Covina, City of Upland, City of Rolling Hills Estates
References: Available upon request
LOVE CV-3
JEFFRY LELAND JOHNSON
360 E. First Street #642
Tustin, California 92780
Bus. (714) 838-1968 w Cell (714) 272-0015
Email: [email protected]
PROFESSIONAL EXPERIENCE
Twenty-nine years as a police officer (Long Beach Police Dept .), retiring as a commander. Extensive investigative experience, Detective of the Year (LBPD).
Extensive internal affairs experience, served as the commanding officer of Detectives, Communications, Patrol Divisions, Custody, Juvenile and Training. Served as a subject matter e xpert for POST (Police Force) , legal expert preparing annual POST Legal Updates. Police academy instructor on use of force , laws of arrest, evidence, etc. for twenty years. Court qualified police force /practices expert; testified numerous times in court and administrative hearings.
Since 2011 has worked private investigations specializing in workplace investigations.
Extensive e xperience with police, fire, sexual/workplace harassment, and workplace violence investigations. Also volunteer Legal Aid Hotline Attorney (LASOC).
EDUCATION
• Master of Public Administration Degree, California State University, Long Beach • Juris Doctor Degree, Taft University School of Law
• Bachelor of Arts Degree, Chapman University and Taft University • Member, California Bar Association since 1990 (Bar# 147050). • FBI National Academy Graduate (Class 185)
• Certified Taser Instructor
AWARDS & HONORS
• Long Beach PD - Detective of the Year
• Silver Star for Bravery – American Police Hall of Fame • Numerous Unit Citations – LBPD
• National Deans List
• The Honor Society of Phi Kappa Phi
• Pi Alpha Alpha Honor Society
• Member, Assn. Workplace Investigators, Inc.
PUBLICATIONS
Published numerous articles on police force and practices in professional journals such as Police Chief Magazine, Journ al of California Law Enforcement, Criminal Justice Policy Review, Police One, Police Officer Research Association of California Law Enforcement, and the AELE Monthly Law Journal. Currently has a book publishing contract (History Pub. Co.) and is doing final edits book on police force and video.
JOHNSON CV-1
A. Monica Szkopek
______________________________________________________________________________________ 809 Basin Dr. Topanga, CA 90290
818-391-9230, [email protected]
PROFESSIONAL EXPERIENCE
SBN 263760, admitted 2009, civil litigator
Since October 2015, Abir Cohen Treyzon Salo, LLP, commercial/business litigation, contract and corporate governance disputes, insurance bad faith, catastrophic personal injury, wrongful death, civil rights, negligence, real property, construction defect cases; both billable and contingency matters, plaintiff and defense
- first and second chair trial counsel, full scope law and motion and discovery, handling cases from pre-litigation through settlement, trial or arbitration, collections and appeal. Between February 2014 and October 2015, lemon law litigation at Strategic Legal Practices, APC Since the admission in 2009 to February 2014, healthcare litigation, representing hospitals in actions against the State of California, other Medicaid programs, Medicare, Veterans Administration and commercial payers, over unpaid hospital bills
- handling litigated or arbitrated matters all the way to trial, writ, or an administrative hearing (depending on the entity defendant), in disputes arising under contracts and controlling healthcare statutes;
- managing several departments of analysts and paralegals, overseeing mass litigation, motion practice, supervising other associates, mentoring and case assignments, client outreach through seminars and guidance on complex healthcare reimbursement issues
EDUCATION
Northwestern University California School of Law
SZKOPEK CV-1
BEACH PRIVATE INVESTIGATIONS, LLC (PENDING)
DAN JENKS-OWNER/QUALIFIED MANAGER
325 16th Street, Seal Beach, CA. 90740 · (562) 335-2691 [email protected]
EXPERIENCE
1984 – 2020 (RETIRED 3/31/2020)
HOMICIDE DETECTIVE SUPERVISOR/EXPERT, LOS ANGELES POLICE DEPARTMENT-
ROBBERY-HOMICIDE DIVISION
30 YEARS INVESTIGATIVE EXPERIENCE, 5 YEARS PATROL/SPECIALIZED UNIT
SUPERVISOR, SECTION OFFICER IN CHARGE
CERTIFICATIONS
CALIFORNIA BUREAU OF SPECIAL INVESTIGATIONS PRIVATE INVESTIGATOR QUALIFIED
MANAGER LICENSEE (APPLICATION IN PROCESS)
ADVANCED & SUPERVISORY CALIFORNIA P.O.S.T. CERTIFICATES
CALIFORNIA POST CERTIFICIED INSTRUCTOR
ROBERT PRESLEY INSTITUTE OF CRIMINAL INVESTIGATION INSTRUCTOR SKILLS
• Investigative Policy & Procedure Subject Matter
Expert, Los Angeles City Attorney’s Office
• Investigative Incident Command Development
& Structure
• Search Warrant & Wiretap Expert
• Court Qualified Narcotics & Gang Expert
• International Homicide Consultant
• Contributor, LAPD Informant Manual
• P.O.S.T. Certified Course Curriculum
Development
ACTIVITIES
Assigned as the lead investigator on multiple high profile/media intensive murder cases including the death of active duty law enforcement officers. Mentored Investigators with complicated multi- jurisdictional investigations and large-scale tactical operations. Supervised and managed sworn and civilian personnel including performance evaluations, complaints, and conflict resolution. Interview board member for internal selections and promotions including background investigations for finalist.
JENKS CV-1
2 Guest Lecturer for national and international professional seminars and symposiums on complex investigative strategies. Regular participant in the Los Angeles Police Protective League sponsored 120 mile Baker to Vegas team relay.
REFERENCES
Captain III Jonathan Tippet
Los Angeles Police Department
Commanding Officer Robbery-Homicide Division
100 West First Street, 5th Floor
Los Angeles, CA 90012
(213)
Deputy City Attorney Surekha A. Shepherd
Office of the City Attorney
Police Litigation Unit
200 N. Main Street-City Hall East 6th Floor
Los Angeles, CA 90012
(213) 978-7036
[email protected]
NOTABLE INVESTIGATIONS
1996 Murder of 82-year-old Viola McClain & gang sexual assault of 13-year-old developmentally disable girl.
https://www.latimes.com/archives/la-xpm-1997-aug-16-me-23257-story.html 2000 Damian “Football” Williams Robbery/Murder Case (formerly convicted for his involvement at the flash point of the 1992 LA Civil Unrest)
http://content.time.com/time/specials/2007/la_riot/article/0,28804,1614117_1614084_1614510,00.ht ml
2001 Venice murder of Community Police Advisory Board member James Richards and Subsequent Federal Continuing Criminal Enterprise Indictment
https://en.wikipedia.org/wiki/James_Edwin_Richards
2003 Subsequent Racketeering Influenced Corrupt Organization (RICO) & separate Narcotics Indictment of 99 Defendants following the Murder of Burbank Police Officer Matthew Pavelka and Attempted murder of Officer Gregory Campbell
https://www.dea.gov/sites/default/files/divisions/la/2007/la042407p.html Bifurcated Murder Trial of Horacio Yepiz
https://caselaw.findlaw.com/us-9th-circuit/1605125.html 2004 Armored Truck Guard Robbery/Murder at Bank of America and separate Gang Conspiracy to murder an LAPD surveillance detective
https://www.casemine.com/judgement/us/5914fb2badd7b049349ac012 2008 murder of Off Duty LASD Deputy Juan Abel Escalante and subsequent (87) Defendant RICO Indictment
https://www.justice.gov/usao-cdca/pr/leader-avenues-gang-sentenced-25-years-prison-federal- racketeering-case-murder-and
JENKS CV-2
3 2011 Bryan Stow- Giants fan beaten at Dodger Stadium on opening day https://www.espn.com/los-angeles/mlb/story/_/id/10489372/two-men-admit-guilt-dodger-stadium- attack-bryan-stow
2011 New Year’s Arsonist Harry Burkhurt lit 51 fires in a matter of days https://en.wikipedia.org/wiki/2011%E2%80%9312_Los_Angeles_arson_attacks 2012 Murder of Maldivian Parliamentary Member- Consultant with the Federal Bureau of Investigation https://maldivesindependent.com/crime-2/dr-afrasheem-killed-by-jihadi-group-linked-to-al-qaeda- 149248
2012 Manson Murderer Tex Watson 1969 tapes recovered in 2012 from his Attorney’s Estate with a search warrant
https://www.mansonfamily.net/news/another-crack-at-freedom-for-leslie 2013 Kidnap/Sexual Assault of 10-year girl from her bedroom in the dark of night https://www.dailynews.com/2015/09/03/verdict-friday-for-tobias-dustin-summers-in-kidnapping-rape- of-10-year-old-northridge-girl/
2013 Christopher Dorner Manhunt and subsequent million dollar reward distribution https://en.wikipedia.org/wiki/Christopher_Dorner_shootings_and_manhunt 2013 MS-13 Multiple Murders Gang Conspiracy Case (21) Defendants https://casetext.com/case/people-v-velado
https://www.leagle.com/decision/incaco20180531032
2014 Missing Saudi Arabian CSUN student Abdullah Alkadi, subsequently determined to be robbery- murder victim
https://www.nbclosangeles.com/news/local/lapd-news-conference-csun-student-abdullah- alkadi/1987400/
2018 Armenian/Mexican Mafia murder series, indicted corrupt Glendale Detective John Balian https://www.latimes.com/california/story/2020-02-19/the-detective-and-the-kingpin https://www.sunnews.org/former-glendale-detective-gets-21-months-for-bribery-and-other-charges/ 2018 Civil Law Suit of Marco Milla for wrongful conviction-Subject Matter Expert for the City of Los Angeles, Homicide Investigation, Policy & Procedure
https://law.justia.com/cases/federal/appellate-courts/ca9/17-55330/17-55330-2019-02-12.html 2019 Murder of Russian National Snowboarder Dmitry Koltsov and LASD Deputy Joseph Solano https://losangeles.cbslocal.com/2019/06/13/utah-man-charged-with-murder-in-shooting-deaths-of-2- men-including-la-deputy-joe-solano-held-without-bail/
2019 Murder of Off-Duty LAPD Officer Juan Diaz
https://www.foxla.com/news/reputed-gang-members-charged-in-off-duty-lapd-officers-murder-due-in- court
2020 Murder of Bashar Jackson, aka Rapper Pop-Smoke, at Hollywood Hills Airbnb https://abcnews.go.com/US/charged-murder-rapper-pop-smoke-face-death- penalty/story?id=71766283
JENKS CV-3
Jeff Brouwer (949) 279-4677 • [email protected]
EXPERIENCE JL Group LLC • 2020 – Current
Investigator • January 2020 – Current
• Conduct workplace investigations
3SI Security Systems • 2018 – 2020
Special Projects Coordinator
• Law Enforcement Liaison and Trainer
Newport Beach Police Department • 2000 – 2018
Detective Division • January 2017 – January 2018
• Deputy Chief / Division Commander
Office of the Chief of Police • April 2014 – January 2017 • Executive Officer
• Manage Professional Standards Unit
• Manage Community Relations
• Manage Media Relations / PIO
Detective Division • October 2012 – April 2014
• Detective Lieutenant – Manage Detective Operations
Patrol Division • June 2010 – October 2012
• Lieutenant Watch Commander
• Manage Canine Operations
• Manage Jail Operations as Jail Administrator
Support Services Division • October 2008 – June 2010
• Personnel and Training Sergeant
• Hostage Negotiation Supervisor
Patrol Division • November 2006 - October 2008
• Patrol Sergeant
• Reserve Unit Supervisor
• EOC Supervisor
• Hostage Negotiation Supervisor
Support Services Division • November 2004 – November 2006 • Polygraph Examiner / Background Investigator
• Recruitment Officer
• Reserve Coordinator
BROUWER CV-1
Traffic Division • October 2001 – November 2004
• Motorcycle Officer
Patrol Division • August 2000 – October 2001
• Patrol Officer
Los Angeles Police Department • 1996 – 2000
Detective Division • August 1998 – August 2000
• Harbor Gang Unit
• South Bureau Mobile Field Force
• Harbor Division Training Unit
Patrol Division • August 1996 – August 1998
• Harbor Division Patrol Officer
• Rampart Division Patrol Officer
• Rampart Division Special Enforcement Unit
EDUCATION _____________________________________________________ • Trident University – Masters Business Administration
• CSULB – Bachelor of Science Degree
• Coastline College – Associates Degree
• Sherman Block Supervisory Leadership Institute
• FBI National Academy Class 252
CERTIFICATES ____________________________________________________ • POST Management Certificate
• State of California Private Investigators License
#PI188683
MEMBERSHIPS ____________________________________________________ • Association of Workplace Investigators
• FBI National Academy Associates
• California Police Officers Association
• Fraternal Order of Police
REFERENCES ____________________________________________________ • Available upon request
BROUWER CV-2
KING & SPALDING CONFIDENTIAL (Company Name) 3
King & Spalding Response
City of Anaheim’s Independent Investigation RFQ
July 29, 2022
This document contains proprietary information of
King & Spalding LLP and all information contained
herein is intended to remain confidential.
Our Proposal
I. OPENING STATEMENT
Thank you for the opportunity to present King & Spalding’s relevant qualifications in association with this RFQ. We believe our firm is uniquely positioned to assist the City of Anaheim with this independent investigation for three reasons: 1) our deep experience leading independent investigations, especially those related to allegations of public corruption, 2) our deep ties to the Orange County and Southern California communities, especially in the judiciary and among prosecutors, and 3) our reputation and credibility as one of the premier investigations practices globally.
Our Special Matters & Government Investigations team has conducted many independent investigations on behalf of clients—ranging from targeted examinations of specific issues to comprehensive, multinational projects. Of specific relevance here, our team has deep experience representing public entities across California in a variety of investigative capa cities. For example , we have represented the University of California system in numerous sensitive investigations, the County of Los Angeles in internal investigations of various allegations of criminal wrongdoing, and the Office of the Governor of the State of California and the California Employment Development Department facilitating hundreds of investigations into the unprecedented wave of unemployment fraud that occurred during the COVID-19 pandemic .
The specific team we are recommending for this project also has deep ties to Orange County and California, and includes a former two-time U.S. Attorney for the Eastern District of California, a former Assistant U.S. Attorney for the Eastern District of California, and two former Assistant U.S. Attorneys for the Central District of California, both of whom grew up in Southern California , and all of whom have spent a large part of their careers prosecuting, defending, and investigating public corruption matters within California. Our California Government Investigations practice is highly ranked in Chambers . Additionally, four members of our team served as judicial clerks in federal courts in California , including under two Orange County-based federal judges. Six members of our team attended law school in California, with one of our associates attending UC Irvine and serving as a Research Assistant to Dean Erwin Chemerinsky. Members of our team are active in various bar organizations and pro bono groups, including holding multiple leadership positions.
Lastly, our Special Matters & Government Investigations team’s recognition as one of the premier global practices in this space lends instant credibility to an independent investigation performed by our team. King & Spalding has more than 125 lawyers – including more than 40 former federal prosecutors and other government enforcement officials – dedicated to internal investigations, white-collar criminal and civil enforcement defense, compliance counseling, and civil and regulatory investigations in high-stakes matters with industry-wide impacts. We have conducted independent investigations for a state Attorney General office and dozens of other private and public entities. We have been recognized by Chambers Global for Corporate Crime & Investigations for the past seven years and in Legal 500 for Corporate Investigation and White Collar Criminal Defense for the last eight. U.S. News and World Report has called us "[t]he premier firm in this practice area."
Thank you for your consideration. We welcome any further questions you may have and are pleased to have had the opportunity to submit our qualifications to represent the City of Anaheim in this matter.
Each of the below signatories is authorized to negotiate and contract on behalf of King & Spalding LLP.
Sincerely ,
Joseph N. Akrotirianakis
Partner
King & Spalding LLP
633 West Fifth Street
Suite 1600
Los Angeles, CA 90071
213 443 4313
[email protected]
McGregor (Greg) Scott
Partner
King & Spalding LLP
621 Capitol Mall
Suite 1500
Sacramento, CA 95814
916 321 4818
[email protected]
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 3
II. REQUIRED INFORMATION
A. Experience
Include a brief resume of all similar engagements that the PROPOSER has performed in the past five (5) years. For each engagement listed, please include total cost of engagement and the name and phone number of a contact person for the engagement. This section shall include documentation of the PROPOSER’S history of adherence to budget and schedule constraints. All PROPOSERS are encouraged to indicate their experience performing similar work within the State of California and/or with other government agencies.
We are not at liberty to disclose the cost of the engagements we have listed below. However, please see below for our budget estimate and fee proposal . Please also note we cannot provide references for confidential matters. We are happy to discuss how various scenarios would affect the overall budget for this project and to place you in contact with additional clients as professional references.
1. On July 20, 2021, California Governor Gavin Newsom and the Employment Development Department appointed partner McGregor Scott and King & Spalding as "fraud special counsel" to coordinate and facilitate the investigation and prosecution of unemployment fraud against the EDD during the COVID-19 pandemic. To date, collective effort s have resulted in at least 1,525 investigations, 467 arrests and 162 convictions, and at least $1.4 billion in recovery.
Reference : Kelly Huston, Senior Policy Advisor, [email protected]
2. For a number of years, King & Spalding has represented the County of Los Angeles in internal investigations of various allegations, including alleged corruption by County employees. Following his distinguished career as a public corruption prosecutor, partner Joe Akrotirianakis has been lead counsel to the County of Los Angeles in those internal investigations, as well as in response to criminal investigations conducted by the United States Department of Justice and the California Attorney General.
Reference: Rodrigo Castro Silva, former County Counsel, County of Los Angeles; 310.428.7574
3. King & Spalding represents the University of California system in sensitive investigations concerning allegations of misconduct that stem from both whistleblower actions and federal/state investigations. The firm is on the white-collar defense panel for the UC and is routinely consulted for the system’s (and individual campuses’ ) issues. Partner David Willingham and Associate Laura Lively currently represent two well- regarded UC campuses in a federal investigation regarding allegations of false statements in grant applications and improper foreign influence over academic research.
References: Alex Bustamante, Chief Compliance Officer, [email protected]; Hoyt Sze, Managing Counsel, Investigations, [email protected]
4. [CONFIDENTIAL] King & Spalding was engaged by the Board of Directors of a highly regulated and publicly traded financial services firm to conduct an independent investigation of extensive and long- running theft of valuable company assets. The SEC's OCIE and Enforcement Divisions are investigating the matter, as is the U.S. Commodity Futures Trading Commission. The United States Attorney's Office is also investigating. King & Spalding is representing the interests of the Board and various company subsidiary Boards in connection with those investigations and related matters. This matter has very high stakes for the compa ny vis-à-vis its regulators and carries “bet-the-company” exposure.
5. [CONFIDENTIAL] King & Spalding has been engaged by the Board of Directors of a large health services company to conduct an independent investigation following a SPAC transaction by the company and subsequent earnings release that caused the company's share price to drop significantly, leading to the filing of multiple class action lawsuits and an SEC investigation. The CEO of the company and another executive have resigned as a result of the matter. This is a highly significant and sensitive matter, as it involves a SPAC transaction, which as a class are under heightened scrutiny by the SEC, and because of the potential high- dollar damages and reputational fallout that the company may suffer.
B. Staff Qualifications and Availability
Provide information concerning the educational background, experience and professional resumes of those persons who would actually assist with the Scope of Work. Identify if those persons presently maintain their practice in California or elsewhere. Indicate the present workload of each listed person to demonstrate his or her ability to devote sufficient time to fulfill the Scope of Work.
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 4
McGregor (Greg) Scott – Partner, Sacramento
The former two-time U.S. Attorney for the Eastern District of California, Greg Scott is an experienced trial lawyer who represents public entities and major companies facing government investigations and conducts internal investigations on their behalf. Greg has extensive experience conducting internal investigations for public entities and private companies under scrutiny in a wide range of subject matters. He represents corporations under criminal and/or civil investigation by federal , state, and local prosecutors' offices. Greg has been “across the table” in investigations brought by multiple federal agencies, the California Attorney General, and several California District Attorneys. The combination of his experience as a prosecutor, internal investigator, and as a defense attorney and his stature among prosecutors in California has led to great results for his clients.
Greg started his legal career as a deputy district attorney in Contra Costa County, California, where he tried approximately 100 jury trials to verdict and then became the twice-elected District Attorney of Shasta County, California. Between his two terms as U.S. Attorney, Greg was the vice chair of the white-collar defense and corporate investigations practice at another international law firm of more than 1,000 attorneys.
Greg has a J.D. from the University of California Hastings College of Law and a B.A. from Santa Clara University. He retired as a lieutenant colonel from the U.S. Army Reserve after 23 years of service as an infantry officer.
Greg maintains an active investigations practice but will be able to devote significant time to serve as strategic lead for this matter.
Joseph N. Akrotirianakis – Partner, Los Angeles
Joe Akrotirianakis is an investigations and trial lawyer and former public corruption prosecutor. He has litigated matters of the most complex and difficult caliber throughout his 24-year career. Joe practices in courts throughout California, including Orange County, in matters involving federal and state investigations and defense. His clients have included numerous California public entities, multiple high-ranking public officials, Fortune 500 companies and other private entities, and corporate officers. Joe and his work have been ranked, profiled, or otherwise recognized by The American Lawyer, Legal 500, National Law Journal, Best Lawyers in America, The Recorder, Law360 , Los Angeles Business Journal , and other publications. He has been peer-ranked among the Top 100 attorneys in Southern California, across all practice areas (SuperLawyers).
Before joining King & Spalding, Joe served as an Assistant U.S. Attorney in the Central District of California, investigating and prosecuting political and law enforcement corruption, complex fraud and financial crimes, racketeering, and various other violations of federal law in Los Angeles, Orange, Riverside, and San Bernardino Counties. Notably, he investigated and prosecuted corruption crimes involving city officials in Cudahy, Rosemead, and Santa Fe Springs.
Joe graduated from Loyola Law School, magna cum laude and Order of the Coif, and Whittier College, cum laude.
Following law school, Joe served as a law clerk to the late Judge Harry Pregerson, United States Court of Appeals for the Ninth Circuit. He grew up in Whittier, California, and has lived in Southern California his entire life. He has represented many clients and tried multiple cases in Orange County court.
Joe maintains an active trial practice but is immediately available to devote significant time to this investigation over the anticipated life of this matter.
David Willingham – Partner, Los Angeles
David Willingham focuses his practice on conducting internal investigations and representing individuals and entities facing governmental investigations in both state and federal courts around the country. David has prosecuted and defended many matters of public interest, including those involving financial fraud and money laundering charges.
He has represented clients in numerous parallel investigations with the SEC and other regulatory bodies.
Prior to entering private practice, David was the Deputy Chief of the Major Frauds Section of the United States Attorney’s Office in the Central District of California. In that capacity, he spent two years supervising the subsection responsible for all health -care-fraud-related prosecutions within the Central District, which includes Orange County.
David currently represents the University of California system in sensitive investigations concerning allegations of misconduct that stem from both whistleblower actions and federal/state investigations. He is routinely consulted for the UC’s (and individual campuses’) issues. David Willingham and Laura Lively (bio below) currently represent two well-regarded UC campuses in a federal investigation regarding allegations of false statements during grant applications and improper foreign influence over academic research. See this L.A. Times article on David’s high - profile UC representation: https://www.latimes.com/california/story/2020-03-11/uc-irvine-provost-placed-on-leave- pending -investigation.
David has been designated as a leader by Chambers USA, Martindale -Hubbell, and numerous other publications.
Five times, from 2016 -2019 and 2021, David was honored as one of California’s Top 100 Lawyers by the state’s
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 5
leading legal publication. He has a J.D. from the University of Southern California and a B.A., cum laude , from UCLA.
David maintains an active investigations practice but is able to devote significant time to this investigation over the anticipated life of this matter.
Amy Schuller Hitchcock – Counsel, Sacram ento
Amy Schuller Hitchcock’s California-based practice focuses on internal investigations, government investigations, and complex white -collar criminal defense, with extensive experience conducting internal investigations and compliance counseling for public entities and multinational corporations. Prior to joining the firm, Amy served as an Assistant U.S. Attorney in the Eastern District of California.
As an Assistant U.S. Attorney, Amy investigated and prosecuted federal offenses including public corruption, fraud, tax violations, and cybercrime. In this role, Amy recently worked closely with the FBI and the Department of Justice Public Integrity Section on a significant public corruption investigation involving California city politics, including concerns regarding contract grants, campaign contributions, and other violations. Amy also served as the Eastern District’s Unemployment Insurance Fraud Coordinator, where she had a central role in coordinating the District’s and State of California’s efforts to combat Pandemic Unemployment Assistance fraud and CARES Act fraud. She recently received recognition from the U.S. Department of Labor for her achievements. Amy’s current representations include serving as counsel to the California Employment Development Department, assisting the state agency in its efforts to respond to fraud and interfacing with federal, state, and local law enforcement.
Amy has a J.D. from the University of Virginia Law School and a B.A., cum laude, from Dartmouth College.
Amy maintains an active investigations practice but will be available to devote the time required by this matter.
Laura Lively - Associate, Los Angeles
Laura Lively conducts internal and government investigations for entities and individuals. She also represents clients in high -stakes litigation across a broad range of civil and criminal matters in both state and federal court.
Prior to joining the firm, Laura was a law clerk to Chief Judge Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit.
During her time at UC Irvine School of Law, Laura worked as a Research Assistant to Dean and Distinguished Professor of Law Erwin Chemerinsky, served as President of the Student Bar Association, and was an Editor of the UC Irvine Law Review. At graduation, Laura received Pro Bono Honors in recognition of her advocacy work in Orange County for veterans, victims of domestic violence, and children with disabilities. Laura graduated with honors from the California State University, Fullerton. She also holds an M.A. from Duke University. Laura has lived in the Orange County/Long Beach area since 2009.
Laura maintains an active investigations and litigation practice but will be available for the time required by this matter.
Stephanie Le – Associate, Los Angeles
Stephanie Le received her J.D. from Northwestern Pritzker School of Law, where she served as Editor-in-Chief of the Northwestern Journal of International Human Rights. She received her B.A. from the University of Southern California, magna cum laude and with Renaissance Scholar Honors.
Prior to joining King & Spalding, Stephanie served as a law clerk to the Honorable Jay C. Gandhi and the Honorable Autumn D. Spaeth in the Orange County division of the United States District Court for the Central District of California. During law school, Stephanie served as a judicial extern to the late Judge Beverly Reid O’Connell, United States District Court for the Central District of California. Stephanie was born and raised in Orange County.
Stephanie maintains an active investigations and litigation practice but will be able to devote the time required by this matter.
Matthew Rowan – Associate, Sacramento
Matt Rowan graduated Order of the Coif from UC Davis School of Law (King Hall) in 2020. He clerked for the Honorable Morrison C. England, Jr., United States District Court for the Eastern District of California.
Matt will be able to devote the time required by this matter.
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 6
C. Anticipated Duties
1. To provide investigatory and forensic accounting services and, where appropriate, legal representation and counsel to the City of Anaheim with regard to the Scope of Work. Please describe the PROPOSER’S ability to provide such services.
Please see our opening statement above for our ability to provide these services.
2. The anticipated duties will be as proposed by the PROPOSER, but OWNER anticipates that the PROPOSER will work closely with a neutral administrator to diligently investigate the facts as outlined above, culminating in a written and/or verbal report to be presented to the City Council and/or the public.
We would expect to do so and have done so in completing many similar independent investigations on behalf of clients.
D. References
Provide references from clients of the PROPOSER for which it performed work that was similar to the requirements of this request.
Please see the references we have provided in relation to Section A – Experience above and several others here:
1. Robert Johnson, Chief Executive Officer, Total Terminals Int’l, LLC, [email protected]
2. Bob Balfe, Vice President and Head of Global Investigations, Walmart, [email protected]
3. Phil Kwon, General Counsel, RD Legal Funding, [email protected]
4. Eric Alderete, Deputy General Counsel, Molina Healthcare, [email protected]
E. Fees
Indicate the hourly rates (including support and administrative hourly rates), or alternative methods of compensation, to perform the Scope of Work described in this document. Prior to or during negotiations the OWNER may request additional hourly rate information for each relevant subject matter. The fees for services, or alternative methods of compen sation, will be negotiated with the selected PROPOSER.
Based on the timeline described in Section K (“Timeline”), below, we estimate our total attorney’s fees for this Scope of Work would be within the range of $1.5 to $2.5 million. We would be happy to perform the Scope of Work in phases, each of which, based on our discussions with you, would have a specific attorney’s fees total. Alternatively, we would propose to provide our legal services on an hourly fee basis, at a “blended” rate of $870. With the former (phased) option, services outside the defined scope of our agreement can be performed on either a lump sum or hourly basis to be negotiated.
To assist with certain aspects of this matter, we plan to engage the investigations firm Berryman Prime LLC, located in San Diego, California . More information is included in the section below, but for purposes of fees, Mr. Berryman’s hourly rate for investigative work is $300, and Ms. Crandall’s hourly rate is $150.
F. Affiliations
If the Scope of Work is to be accomplished through an affiliation or joint venture of several firms, the names and addresses of those firms, shall be furnished for each.
As mentioned above, we plan to work with the investigations firm Berryman Prime LLC in San Diego, California.
Steven Berryman is a California -licensed private investigator and the principal of Berryman Prime. Since establishing his investigations firm in 2018, Mr. Berryman has conducted corruption-related investigations of a management official of the Corona -Norco Unified School District involving embezzlement by a public officer and misappropriation of public funds ; the President of the International Weightlifting Federation headquartered in Budapest, Hungary, for financial mismanagement and self-dealing; and a matter pertaining to USA Weightlifting where a whistleblower made claims of theft of funds and competition manipulation.
Prior to founding his investigations firm in 2018, Mr. Berryman was a Special Agent with the United States Department of the Treasury, IRS-Criminal Investigation Division (IRS-CID). During his thirty-one year career in law enforcement , Mr. Berryman was assigned to IRS-CID’s Los Angeles Field Office, and he investigated a wide array of federal crimes , including bribery, corruption, extortion, honest services fraud, conspiracy, Federal Election Campaign Act, RICO, Foreign Corrupt Practices Act, Anti-Kickback Act, money laundering and tax crimes. These cases all related to corruption investigations of various officials in Southern California and elsewhere.
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 7
Mr. Berryman personally worked on corruption investigations related to the City of Santa Ana (city councilmembers and candidates for office), City of Carson (two mayors, two sitting councilmembers, one external lawyer), the West Basin Municipal Water District (president and one board member) , the U.S. Trustee’s Office in Los Angeles (bankruptcy trustee), the Orange County Sheriff (sheriff and two assistant sheriffs), two separate U.S. companies bribing foreign officials in the United Kingdom and Thailand, U.S. Department of Defense related officials taking bribes in Iraq and Afghanistan, and the world soccer governing organization, Federation Internationale de Football Association (FIFA) (42 global soccer officials, sports marketing companies, financial institutions).
Mr. Berryman received a Bachelor of Business Administration degree in accounting from the California State University, San Bernardino. Mr. Berryman is a member of California Financial Crime Investigator’s Association, International Association of Financial Crime Investigators, Association of Certified Anti-Money Laundering Specialists, and Association of Certified Fraud Examiners.
Mr. Berryman is assisted by Leslie Crandall , an investigative researcher and financial analyst, focusing on the independent investigation of potential corruption, kickbacks, embezzlement, misappropriation of funds, and fraud.
During her 17-year career as an IRS-CID Special Agent and Supervisory Special Agent, Ms. Crandall identified and investigated a broad range of financial crimes including domestic and international corruption, money laundering, wire fraud, mail fraud, Bank Secrecy Act, tax evasion, false claims, elder abuse and exploitation, and terrorist financing.
Ms. Crandall is a graduate of the Pennsylvania State University with dual Bachelor of Science degrees in Accounting and Administration of Justice.
G. Conflicts of Interest
PROPOSERS shall advise OWNER of any client representations, which may result in potential conflicts of interest in accordance with California Rules of Professional Conduct, Rules 1.7 and 3-310. PROPOSERS shall identify any known conflicts and any particular areas of practice which might create a conflict.
King & Spalding LLP has no known conflicts of interest in this matter.
H. Local Familiarity
A statement as to local resources that would be utilized and the degree of the PROPOSER’S knowledge and familiarity with the local community’s needs and goals.
Our entire team for this matter is based in California, with four members in our Los Angeles office and three in our Sacramento office. Please see our opening statement and team bios above for our extensive ties to California and Orange County. We would specifically highlight the following connections to the community:
Several of our team members, including David Willingham and Joe Akrotirianakis, grew up in Southern California, and both David and Joe served as Assistant U.S. Attorneys in the Central District of California, the federal judicial district including Anaheim , and have prosecuted cases and conducted internal investigations in Orange County.
Joe Akrotirianakis has prosecuted many public corruption cases in this District, including several local mayors, such as those of Rosemead and Santa Fe Springs, and much of the government of the City of Cudahy (its Mayor, City Manager, and a city council member), and investigated many more matters with allegations of local corruption. Joe also led the investigations practice at his former firm and has represented the County of Los Angeles (and many private companies and individuals) in numerous internal investigations, as well as federal and state Department of Justice investigations.
David Willingham has represented the University of California in numerous investigations. See here for a particularly high-profile one as reported by the L.A. Times. David is also a respected member of the legal community. He previously served as the president of the Federal Bar Association of Los Angeles, and the co-chair of the Lawyer Representatives for the Ninth Circuit Judicial Conference. He is also a former Cha ir of the American Bar Association, West Coast White Collar Crime Committee; and he is a member of the board of directors of the Los Angeles Federal Bar Association (2006 –present).
As mentioned above, Greg Scott has been working for over a year on behalf of the California Employment Development Department and the Governor's Office of Emergency Services as "fraud special counsel" to investigate unemployment fraud against the EDD during the COVID-19 pandemic. He has also served two terms as U.S.
Attorney for the Eastern District of California.
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 8
Laura Lively serves on the Board of Directors for the California Women's Law Center. Additional information can be found on our team members’ web bios.
As discussed in Section C, above, we would work with an investigations firm that includes retired senior special agents, who both worked for IRS-CID and spent much of their careers investigating crimes , including public corruption , in the Central District of California.
I. Insurance
The PROPOSER’S ability to provide the appropriate certificates of insurance, as required by the OWNER.
Please refer to the last page of this document for confirmation of King & Spalding’s professional liability insurance. If you have additional insurance requirements, we would be happy to discuss those.
J. Other
Other factors the PROPOSER determines appropriate to indicate that the PROPOSER has the necessary capability, competence, and performance record to accomplish the Scope of Work in a timely and cost-effective manner.
The scope of work outlined above represents the standard requirements of any thorough corruption investigation, of which our proposed team has successfully conducted dozens.
K. Timeline
To the best of your ability and based on your prior experience is similar matters, indicate the anticipated timeline to complete the investigation based on the Scope of work and approach, keeping in mind that the City would place value on a combination of thoroughness and timeliness.
Our understanding of the scope of the independent investigation is based upon our review of the RFQ document and our analysis of news coverage related to allegations of corruption in the City of Anaheim. With that understanding and our prior experience conducting similar independent investigations, we believe that a thorough investigation and report can be completed within six to nine months. A brief overview of our phased approach to this project is as follows:
1. Meet with client point(s) of contact, establish clear lines of communication and responsibilities, shared vision of the work and end product
2. Obtain and analyze campaign finance records ; determine relationships between City of Anaheim contracts and individuals/businesses; determine Anaheim officials/employees, committees or commissions involved, and any connection to Anaheim Chamber of Commerce officials
3. Obtain and conduct first-level review and analysis of emails and other documentary evidence not listed above
4. Conduct second-level analysis of “hot” documents obtained in phases 2 and 3, above
5. Prepare and conduct witness interviews in phases
a. Witnesses with background information
b. Witnesses with personal knowledge of events of interest and involved in campaign finance or matters appearing to involve a quid pro quo
6. Analysis of facts gathered and relevant legal issues
7. Prepare initial draft of final report
8. Edit and finalize final report
9. Outbrief and provide final report to client/at client’s direction
KING & SPALDING CONFIDENTIAL (City of Anaheim) Page 9
KING & SPALDING CONFIDENTIAL (City of Anaheim)
King & Spalding Cost File - City of Anaheim
Based on the timeline described in Section K (“Timeline”) of the Response File, we estimate our total attorney’s fees for this Scope of Work would be within the range of $1.5 to $2.5 million. We would be happy to perform the Scope of Work in phases, each of which, based on our discussions with you, would have a specific attorney’s fees total. Alternatively, we would propose to provide our legal services on an hourly fee basis, at a “blended” rate of $870. With the former (phased) option, services outside the defined scope of our agreement can be performed on either a lump sum or hourly basis to be negotiated.
To assist with certain aspects of this matter, we plan to engage the investigations firm Berryman Prime LLC, located in San Diego, California. More information is included in the section below, but for purposes of fees, Mr. Berryman’s hourly rate for investigative work is $300, and Ms. Crandall’s hourly rate is $150.