Notarized affidavit is on file with:
Mark S. Vojvodich
Constable, Pct 3 Bexar County Police
8918 Tesoro Drive Suite 301
San Antonio, TX 78217
STATE OF TEXAS
COUNTY OF BEXAR
BEFORE ME, the undersigned authority, personally appeared the undersigned Affiant, who, being by me, duly sworn, stated on oath:
"My name is JEFSR I am at least 21 years of age, of sound mind, capable of making this affidavit and personally acquainted with the facts stated in it, which are all true and correct.
This affidavit is a report of numerous violations of law by City of San Antonio, Texas employees and the ongoing illegal cover-up of the crimes by law enforcement, attorneys, employees and representatives of the City of San Antonio, Texas.
For decades (probably since 1982) corrupt City employees manipulated an internal monthly billing account the telephone variable to gain access to up to $5.2 million a year of funds set aside by law for telecommunications support and used much of the money for other than its intended purpose and in many instances to support illegal schemes to funnel the funds to accomplices and co-conspirators. Accounting fraud, fraud, theft of public funds, mail/wire fraud, breach of fiduciary responsibility, misappropriation of funds, grant fraud, contract fraud, SEC violations, falsification of government documents, etc. are violations of law.
Over the past several years corrupt City employees, attorneys, officials, law enforcement, etc. have conspired to hide the criminal activity. They committed numerous violations of law in the process including aggravated perjury, subornation of perjury, obstruction of justice, perjury, falsification of government documents, civil rights violations, employment violations, etc.
THE TELEPHONE VARIABLE BILLING ACCOUNT- decades of fraud/theft
Numerous schemes to defraud the government centered on the corrupt employees abilities to gain access to millions of dollars a year behind the backs of City Council, auditors, grantors, citizens, etc. The Telephone Variable Billing Account created by City Administrative Directive 6.12 in 1982 was clandestinely and illegally used to pilfer tens of millions of dollars from telecom budgets of every city department and every grant awarded the City of San Antonio, Texas possibly since 1982. AD 6.12 created a procedure and a billing account- the variable to facilitate the payment of monthly Centrex telephone bills and the reimbursement from city departments for their fair share of the cost- nothing more.
The annual total cost of ALL local telecommunications service was less than $ 2 million with local Centrex telephone service being but a portion of this annual cost. Official transfer requests for the Finance Dept. to move funds from department and grant telephone budgets to ITSD were clandestinely and illegally inflated by over $ 3 million a year and consequently the telephone variable account swelled to an annual cost to grantors and citizens of over $5.2 MILLION more than twice the true cost of ALL local telephone service -Private Line AND Centrex Services combined. If a grant or department had a telecom budget it was drained of funding via fraudulent monthly bills totaling well over $ 3 MILLION a year for decades. The illegal manipulation of this monthly telephone billing account commonly referred to as the Variable provided corrupt city employees with the funds to use as they wished as if they were given a blank check to run the IT department or any other scheme they could envision. The process established by AD 6.12 if properly followed would leave no funds in any account as the Centrex invoice payments would equal the funding recovered from each department- the paid and collected transactions should cancel each other out! Instead, once the monthly Centrex phone bills were paid the remainder of the money in the slush fund (over $ 3 million a year) was theirs to spend, in private, with no approval on whatever they wished no questions asked while the illegal expenditures were fraudulently described in audits, billing statements, etc. as Telephone Centrex costs when in fact the funding was used for whatever the IT Managers and their cronies wished to use the money for.
This accounting fraud blossomed into SEC fraud and Grant fraud over the years when the fraudulent financial statements were submitted along with official statements containing known false information. The funding never ran out, had no limits set via city ordinance and varied according to how greedy the criminals were in any given month ( hence the name variable).
Corrupt IT Managers ran the Information Technology - Communications Department like a private fiefdom or family-owned business rather than as a publicly funded municipal division of the City of San Antonio. They bolstered their workplace performances and handed out favors to friends across the city. They received accolades, Employee of the Year awards and promotions-raises based on their accomplishments - accomplishments made possible by millions of pilfered dollars. With one phone call tens of thousands of dollars would be delivered- with no Council review, Finance Department scrutiny or City Manager approval. . They and their friends operated under the radar for decades with no accountability or overview by City Council, auditors, regulators, grantors, etc. They operated outside of the law as if there were no annual budgets, Administrative Directives, City Charter provisions, City ordinances, State Local Government Codes, State Uniform Grant management Regulations, Federal OMB regulations, State/Federal penal Codes, etc. They ignored City Administrative Directives (especially AD 6.12) and every other law, rule, guideline, etc. regulating the expenditure of grant and public funds.
IT managers including Jose Medina, Mike Mitchell and Victor Perez and their accomplices altered invoices, caused to be created false and fraudulent statements in the books and records of the City, concealed the true and accurate disposition of department and grant resources and used funding set aside by city ordinance and state/federal grants as they wished and not for their intended purposes. They misused, misappropriated, embezzled, etc. funding set aside by law for telecommunications support. They violated open-bidding regulations as they never followed the law and requested the funding via city council approval/ordinances but simply purchased goods and services and dumped the bill into the telecommunications variable account to be paid with telephone funds from city and grant phone budgets. They stole money from every city department/program including Fire, SAPD, Library, Aviation, Health, WIC, Public Works, Community Initiatives, Housing and Community Development, Parks, etc. and every grant awarded each of these departments that contained provisions for telephone support.
Municipal Integrity intake statements and documents submitted in 2005 prove that public/grant funds set aside by law for communications support were illegally used for other than their intended purposes and in many instances to pay for illegal contracts, padded invoices, illegal purchases and similar illegal expenses. Their illegal slush fund created as is described by an internal city document a means for ITSD (Citys Information Technology Services Department) to balance its own books internally. The slush fund was used to tap a bottomless pit of money totaling in the millions of dollars. The internal contract billing process is compromised to the extent that departments were billed for an untold amount of goods and services from which their department received no benefit. State/Federal grants administered by every city department were billed for goods and services from which they received no benefit as well due to the fact that this illegal scheme plundered city department telephone budgets and grant telephone budgets alike.
Billing/Contract employees Robert Valdez, Aida Anguiano and Barbara Moore knew that the funding was not being used for its intended purpose but conspired with Medina, Mitchell, Valdez and their friends to hide the fraud and submitted fraudulent reports/audits/requests for years. The law, the City Charter, the Local Government Code, etc. state that purchases made without Council approval, open bidding, etc. are illegal and that payment is unenforceable. The laws state that the contracts are void. The law states that payments of the illegal bills are the sole responsibility of the criminals illegally spending our tax dollars and not the responsibility of taxpayers or grantors. The tens of millions of dollars illegally spent over the past three decades by law is the responsibility of the criminals who illegally spent our money and their accomplices/co-conspirators who help hide the crimes. Taxpayers by law are not required to pay for the illegal purchases made with no Council approval, competitive bidding and public review. This is the law! This is the law that everyone tries to make us believe does not exist!
FRAUD UPON THE COURT AND THE ONGOING ILLEGAL COVER-UP
In the summer of 2005 City officials, attorneys and employees began efforts to cover up the criminal activity almost immediately after the crimes were exposed. By October 2005 Municipal Integrity investigator Steve Harrison and Manager Virginia Quinn prematurely halted an internal investigation, published a fraudulent investigation report declaring that no wrongdoing was found, no rules or laws were broken and that there were no rules or laws regulating the variable-a lie. This lie implying that AD 6.12, AD 2.1, AD 2.2, Local Government Codes, OMB regulations, budgets, etc. do not exist formed the central theme of every effort by corrupt city officials and employees to hide the criminal activity for the past five years and is the basis for Varns fabricated, fraudulent testimony. CIO Michael Armstrong declared all official grievances void and assisted City Manger Sheryl Sculley circumvent civil service and grievance regulations in an effort to avoid a public hearing and keep the crimes hidden. Armstrong publicly berated the new Telecommunications Manager for making unsubstantiated allegations to Municipal Integrity knowing full well that the charges of criminal activity were in fact true and had been substantiated by independent sworn statements of other veteran employees including Jose Medina himself. In November 2005 the City Attorneys Office illegally denied FOIA access to the MI report and an internal contract audit performed by the now defunct Contract Services Department so as to hide the crimes.
The Telecommunications Manager who refused to go along with the illegal cover-up of the criminal activity was illegally terminated in February 2006 by CIO Michael Armstrong (currently the CIO for Corpus Christi, Texas) and IT Director Hugh Miller. His Whistleblower trial took place in February 2009 in the Bexar County Courthouse. The City Attorneys Office continued to violate the law in an effort to hide decades of criminal activity. City Attorney Deborah Klein with the assistance of hired help Mark Kosanovich suborned perjury from numerous city witnesses including CIO Richard Varn who told the critical lies central to the fraud upon the court. Varn presented his testimony that was fabricated by corrupt city attorneys in an effort to make it appear that the use of the variable was legal- a lie. Each witness was provided with a false, fabricated testimony that they were to present to the court to bolster Varns critical lies. Each witness was coached to tell the court that no violations of law occurred and that the new Telecommunications Manager was a poor employee - total lies concocted by corrupt City attorneys, officials and employees. (see reports on Varn/ Kleins fraud upon the court and the theft of $200,000 of public funds via fraudulent padded invoices)
One must recognize that most if not all of the City witnesses conspired with City attorneys especially Deborah Klein (with the illegal assistance of hired hand attorney Mark Kosanovich) to provide false testimony. In 2005 IT Manger Michael Mitchell initially provided MI with details of the fraud but later under oath provided false testimony when deposed in 2007. IT Manager Victor Perez made false statements to MI to discredit the reports of criminal activity. Mitchell, Perez, Moore, Anguiano, Gonzalez and other city employees lied to hide their involvement in the fraud, theft, accounting fraud, etc. Others including Varn, Miller, Segovia and Gray lied to hide their involvement in the illegal cover-up. Counsel and each witness described almost identical events detailing how the Plaintiff hung out in their offices, walked the halls, was missing in action, etc. Many of the city witnesses made statements detailing how the Plaintiff was repeatedly counseled in an effort to rehabilitate him but to no avail. Miller spoke about the Plaintiffs inability to account for hours worked from his home in support of Hurricane Katrina Evacuation efforts. Quinn testified that she never invited the Plaintiff to her home. Moore testified that it was she who researched and provided spreadsheets that resulted in a substantial refund from MCI. Anguiano testified that she independently investigated the telephone variable and found it to be legal. Miller and Varn testified that Miller never knew instructions to terminate Medina had anything to do with Foddrill and that Varn had immediately changed his mind. Varn testified that in 2005 he investigated the variable, contacted Washington, found that it was created to help balance the budget/pay for pop-up expenses, provide a means to request funding for projects, overruns and that everything was legal. The list of lies goes on and on. City Attorneys have been shown to have illegally concealed evidence, illegally and dishonestly denied access to documents that they later used to harm the Plaintiff, knowingly presented false documents and provided false testimony to the Court, assisted in fraudulent and criminal conduct and assisted in the obstruction of justice. The United States Supreme Court, the Texas Courts and other Courts of our Country scream that this should not be condoned. The law states that a fraud upon the court such as the actions of Klein, Kosanovich and others (and the inaction of Gaul) renders the judgment void.
Witness Deborah Segovia testified along with most all other city witnesses that the Plaintiff was never to be found, was found walking the halls, was found standing in the halls having personal conversations, had poor job performance and was guilty of many other unflattering actions. She also testified that because of the Plaintiffs actions a three month audit turned into a six month audit. Segovias testimony was false. Segovia joined counsel and other witnesses in their efforts to bombard the Court with a series of inferences designed to unduly prejudice and mislead the jury. There is no material evidence to support Segovias claims because the events she describes never occurred. The events were fabricated as part of a story that most all city witnesses were coached to repeat to the jury. A close inspection of annual performance reports and other documents reveal that the Plaintiff was performing his daily duties, attending meetings, answering emails, supervising projects, providing technical assistance, creating budget documents, authoring RFPs, and many other tasks. The Plaintiff worked as the Citys Telecommunications Manager in a single story building with an overhead paging system carrying a cell phone and/or pager 24/7 but couldnt be found-nonsense. One is welcome to review all emails and phone records maintained by the City. One will find no evidence to support Segovias false statements. Recordings provide a detailed accounting of meetings, conversations, etc. from October 2005 to March 2006. One can review the numerous Human Resources meetings called to discuss grievances, team meetings, weekly staff meetings, etc. but will find no mention of any of Segovias false testimony. . Segovia falsely testified that she never advised the Plaintiff to report the violations to Municipal Integrity when in fact had arranged a meeting between her Director Phillip Campos and the Plaintiff with her in attendance. Campos and Segovia both advised the Plaintiff to report the violations and the fact that he had been threatened to Municipal Integrity and to inform MI that they would cooperate and would supply pertinent information. One can review emails and documents that depict two major events where the Plaintiff was contacted and immediately responded to the call and resolved the critical outage. One event took place on Christmas Eve in 2004 and involved a critical failure of the Citys outlook paging system. The Plaintiff received a page at his home from SAPD Lt. Mike King at 8:55 am. The Plaintiff responded and worked to resolve the problem restoring paging capabilities for the City including SAPD and SAFD. The second event occurred on January 21, 2006 just a few days before the Plaintiff was placed on administrative leave and terminated. At 6:20 pm Voice Team member Ortega gets a call informing him that the Citys 911 switch is out of service. He immediately calls Diana Lopez who immediately calls the Plaintiff. Manager Diana Gonzalez fails to answer all efforts to reach her. The Plaintiff and his team members work to restore service.
Former Municipal Integrity Manager Virginia Quinn testified that she had never invited the Plaintiff to her home. Her inferences to the jury were designed to distance herself from the Plaintiff and to question his integrity. Virginia Quinns testimony was not true. She invited the Plaintiff and his wife to her home on at least two occasions. She invited both to her home for a coming home party for Robert R....n as he was returning from Afghanistan. Robert was a former city employee and colleague of Virginias and was related through marriage to the Plaintiff. Robert had asked Virginia to put a good word in for the Plaintiff when he was interviewing for his job. Virginia Quinn again invited the Plaintiff and his wife to her home for a Christmas party. The Plaintiff and his wife attended both events and considered Virginia and her family as friends. Emails to/from Virginia and the Plaintiff show a cordial and friendly business and personal relationship. Virginia also testified that the Plaintiff had contacted her about filing a grievance during his hiring process. The only relevant grievance filed at this time was presented by ITSD employee Diana Lopez and protested the hiring process that Medina was using. As a result of the grievance the candidates were re-interviewed and the Plaintiff was hired. Emails that depict the correspondence between the Plaintiff and Mr. Medina are on file. The emails are friendly and cordial. There is no mention of any grievance. Quinn is not telling the truth as the Plaintiff never intended, contemplated, spoke about or filed a grievance. Quinn lied when she issued a MI report in 2005 stating that no rules/laws were violated as there were none. AD 6.12, the City Charter, the Texas Local Government Code, OMB regulations, etc. prove her to be lying. She told the same lies under oath in court to hide the crimes. (see separate report detailing Quinns aggravated perjury, obstruction, falsification of official documents, fraudulent reports published to hide the crimes, etc.)
City witness Texas Ranger Captain Hank Whitman testified that he never told the Plaintiff that any of his allegations were violations of law. This is not a true statement. Captain Whitman in the presence of witnesses told the Plaintiff that falsification of any government document including his time reports and the Avaya Contract Compliance Audit were violations of law. He told the Plaintiff that adding extra hours to and submitting invoices for payment was a violation of law but he would be hard pressed to get anyone to investigate as no one had the resources to audit years of bills. He agreed that grant fraud was a violation of law after reviewing OMB circulars but said that this was a matter for the Feds. He agreed that violations of state purchasing guidelines would be a violation of law but was not included in the penal code he enforced. Captain Whitman offered to attend the trial and to document additional perjury on the part of city witnesses. He commented that if ITSD employee Diana Gonzalez testified falsely as she had to Municipal Integrity during the investigation into the falsification of the Plaintiffs time reports that she would be guilty of aggravated perjury in addition to the falsification of government records. Captain Whitman maintained possession of the Plaintiffs documents outlining the numerous violations of law and agreed to review the material after the Plaintiffs civil trial. Records contain an email documenting the correspondence between Whitman and the Plaintiff. This email lists the other persons in attendance and notes that we talked extensively regarding the issue of altering government documents; this offense is described under section 37.10 of the Texas Penal Code. Other emails show how District Attorney Reeds Office was less than honest in replies to the Plaintiffs requests to file criminal charges while other law enforcement agencies stood by and did nothing. Letters and phone calls by elected officials including Corte, Van De Putte and Leibowitz to DPS Director Clark resulted in the meeting of October 14, 2008 between the Plaintiff, the Rangers and the DAs Office. During the meeting Asst. DA Elliott revealed that his office had been forwarding the Plaintiffs correspondence outlining violations of law to the City Attorneys Office. With full knowledge of a pending civil trial the DA sends confidential information to the very people the Plaintiff is accusing of violations of law. With full knowledge of a pending civil trial the City Attorneys Office receives the documents. Neither office of Attorneys contacts the Plaintiff or makes arrangements to return the documents. Recording # 112 dated 10/28/2008 is on file. This is a recording of a voice message left by Assistant DA Elliott concerning our meeting of Oct. 14, 2008. Asst. DA Elliott states that he did talk to some people, the Plaintiff may expect to be called upon to get a more formal statement and that the Plaintiff may expect someone to contact me and go from there. Asst. DA Elliott reported that his office had obtained a search warrant (Reed refuses to turn over a copy- how do you get a search warrant for a citizens bank accounts if no violation of law is identified Whitman Lied ) looked into Medinas bank accounts. It appears from conversations with Ranger Whitman and Asst. SA Elliott that the Plaintiff will finally be able to address the violations of law that he reported years ago. The fact is that the DA fails to follow through and Captain Whitman appears before the Court denying that he ever said that any of the allegations were violations of law. (See officials complaints filed with DPS)
Witness Hugh Miller testified along with other city witnesses in an almost identical fashion. He told the same story that almost every other city witness presented to the jury. He lied when he stated under oath that he had counseled the plaintiff numerous times concerning his poor work performance- there were no counseling sessions. There was no work performance problem. He also provided testimony that the Plaintiff refused to accept SAP training and that the Plaintiff was unable to account for the hours he worked from home in support of the Katrina Evacuation effort. Additional testimony concerned facts that the Plaintiff promised health employees equipment that wasnt budgeted for and made $100,000 in purchases but failed to follow proper procedures. Again, the story fabricated as the new reasons for the Plaintiffs termination is false. Millers statement that the Plaintiff didnt want to listen to SAP trainers is false. Records contain numerous emails concerning the Plaintiffs efforts to obtain SAP support for voice services. His efforts to secure support begin as early as January 2005 or earlier and continue until the time when he was terminated. Miller and others falsely state that SAP was working. The emails show that constant revisions, tweaks and meetings failed to produce a reliable SAP/Avaya interface. Required revisions to Avaya invoices and SAP interfaces were never implemented. After September 2005 all efforts by the Plaintiff to rectify the problem were ignored. Millers testimony that the Plaintiff never explained the hours he worked from home is false. The Plaintiff submitted hours he worked and his Manager Diana Gonzalez falsified them. A Municipal Integrity Investigative report incorrectly states that the Plaintiff agreed to reduce his hours. The Plaintiff never agreed to reduce his hours. This story was fabricated by Diana Gonzalez and others after the fact to cover up her criminal actions. The MI report shows that Diana Gonzalez is lying when she states that she never saw the Plaintiffs hand written time sheet. She saw the sheet, copied information verbatim from two columns but omitted hours on the report she submitted to Fiscal manager Mike Garcia. There was no discussion, no validation, no questions, no inquiry she just changed the hours and told the Plaintiff that she was following FEMA guidelines when questioned about the omissions. The truth is that Fiscal Manager Garcia stated that there were no such FEMA guidelines and that he had recorded the hours as Diana Gonzalez had reported them to him. Miller is not telling the truth and continues to cover up the criminal activities of Diana Gonzalez. The Plaintiff never purchased $100,000 of equipment improperly. The Plaintiffs former Manager Medina testified to the Court that the Plaintiff did not purchase products until he instructed the Plaintiff to purchase needed goods and services the old way because the Avaya/SAP interface was inoperable. Miller, Varn and Klein presented fabricated, well-rehearsed, false testimony to the court stating that Varn had changed his mind about firing Medina. Varn never changed his mind and never told Miller to disregard his instructions to immediately terminate Medina. Millers statements to MI in 2005, Varns 2007 deposition and even Varns courtroom testimony prove that the three conspired to present a fraud upon the court and lie about inaction on the Citys part once the crimes were reported in 2005.
Witness Kelly Gray testified along with other city witnesses in an almost identical fashion. He told the same story that almost every other city witness presented to the jury. Again the story concerning the new reasons for the Plaintiffs termination is a fabrication. Gray was with the City only a short time when he began working at ITSD in January 2006. He had very little time to meet with the Plaintiff between mid January and February 8, 2006 when the Plaintiff was placed on admin leave. City files contain documents showing the Plaintiff teams satisfactory appraisals and numerous letters of appreciation. A review of personnel files and Human Resources files will reveal no problems with the Voice Group employees. Audio recordings are available that list meetings between the Plaintiff and Gray as occurring on Jan. 13, 17, 30 and Feb. 6, 7. The Plaintiff attended five separate meetings with Gray during a three week period. Gray testified that he couldnt find the Plaintiff but it appears that this is not true. One is invited to review the recordings especially the recordings of HR meetings where grievances were discussed. One is invited to review the recordings of the five meetings taking place with Gray and the Plaintiff in attendance during the last three weeks of the Plaintiffs employment. One will find that there is no mention of the Plaintiffs alleged performance issues, hiding out issues, failures as a supervisor, misappropriation of funds, failure to follow procedures and buying $100,000 of equipment, promising health department equipment not budgeted for, etc. There is no evidence because the allegations are a fabrication intended to defraud the court.
Witnesses Richard Varn and Aida Anguiano testified that they independently investigated the
Telephone variable and found it to be legal. This is not true. The improper use of the variable illegal use violates city guidelines as only city council can allocate money and approve purchases. City ordinances and annual budgets set aside funding for telecommunications support every year. The money cannot legally be spent for other than its intended purpose. Money spent for purchases/contracts/etc. other than monthly Centrex phone costs, with no ordinance, no Council approval, no public review, no competitive bidding, etc. is the responsibility of the corrupt employees approving the illegal purchases. They and not the taxpayer are required to pay the bill. The City cannot be forced to pay such a bill or recognize any such contract. The contracts are void and payments are unenforceable. The variable violates terms and conditions of state/federal grants. Grant fraud is a crime. Files are available that document information concerning the variable and the pertinent federal/state grant guidelines. The Texas Uniform Grant management Standards, grant guidelines and OMB circulars especially circular A-87 dictate that indirect costs such as the costs associated with the telephone variable can only be paid with grant funds AFTER an indirect cost rate proposal is published, submitted and approved by the grantor. Only expenses directly benefiting the grantee are allowed. Purchases of trophy cases cost to remodel ITSD offices or any invoice the Manager Medina felt like throwing into the pile surely dont qualify for federal/state assistance. Invoices with falsified billing information would surely be rejected. Invoices with extra hours added wouldnt be accepted. Purchases in violation of established contracts and state guidelines would be suspect. Emails and Municipal Integrity documents describe how the variable was created to consolidate overhead telephone expenses (AD 6.12) BUT an email from Municipal Integritys Virginia Quinn relates how the variable has been used for decades to charge city departments for millions of dollars of goods and services for which they received no benefit. Plaintiff witness Mike Canion testified how Manager Medina would change the coding on invoices and submit them for payment with variable invoices so that city departments would be forced to pay for expenses for which they received no benefit. A letter drafted by the Plaintiff on July 7, 2008 describes how the variable has illegally drained millions of dollars from taxpayer coffers. Replies form numerous state/federal agencies to the Plaintiffs requests for documentation of indirect cost rate proposals or similar forms on file approving the use of grant funds for indirect costs associated with the telephone variable come back with _ no records exist. After reviewing numerous grants awarded by almost 30 agencies covering a multi-year time span the grantors have been unable to find a single document approving the indirect costs/ variable. There appears to be no approval on file that is required for the City of San Antonio to use grant funds to pay for costs associated with the variable. The city has been illegally using department and grant funds to pay these expenses for decades. The city was made aware of the problem in 2002 and again in 2005 and chose to tell the Plaintiff that no problems were found and then illegally terminated him to keep him quiet. Grant fraud is illegal and the City is required by law to report such a problem and to audit the grant resources. The city is required by law to refund the illegally used funds with interest.
Witness Barbara Moore testified that she was the one responsible for the research and spreadsheet that obtained a refund from MCI. She also related how the Plaintiff would camp out in her office so that she couldnt perform her work. Both statements are false. Files contain documents proving that the Plaintiff was the employee responsible for obtaining the refund of approximately $ 182,894.28. The documents show how the Plaintiff secured four years of invoices and with the assistance of temporary employee Irma Rocha documented the overpayments onto a spreadsheet. The Plaintiff submitted this spreadsheet to MCI and began the process of securing a refund. The emails are but a sampling of the many emails documenting this process. One very telling email is dated Oct. 17, 2005. In this email the contract manager Robert Valdez complements the Plaintiff on a marvelous job with your research and negotiating a refund for the city. The emails go on to document how his group including Barbara Moore only got involved in this late stage so that accounts payable could be reconciled with the amount that MCI agreed to refund the City. Moore did not tell the truth concerning the refund and played along with all the other city witnesses in testifying about the Plaintiffs alleged laziness. The city was refunded almost $200,000 and Irma R...a received a letter of recommendation from the Plaintiff when she was let go by the city.
Witness Diana Gonzalez testified that the Plaintiff failed to substantiate his hours that he worked from home. This is not true. The Plaintiff clearly explained his hours. The deposition of Mike Mitchell records that both Mike and the Defendant worked around the clock for the first few days and worked extra hours per day long after the initial build-out. Texas Rangers have examined the documentation and declared that Diana Gonzalez is not telling the truth when she states that she never saw the Plaintiffs hand written time sheet. The record shows that she copied two columns verbatim but excluded hours from her report. She falsified the time report and forwarded the false report to Fiscal Manager Mike Garcia. Diana Gonzalez testified falsely concerning the work performance of the Plaintiff. The Plaintiff had no chronic work problems and the statements submitted as reasons for terminating the Plaintiff are false. Things did not get better in the absence of the Plaintiff as she states. Improvements to the work order queue have been shown to be a smoke and mirror trick on her part. She merely deleted work requests and farmed out work to other employees while declaring that she had done three months of work in a week. Her statements do not stand up to scrutiny and have been disproved by employees who provided sworn statements as evidence. She falsified official time reports submitted to FEMA and then lied to MI and under oath in court to hide her crimes. (see separate documentation concerning the FEMA time report falsification)
Witness Steve Harrison testified under oath in court that the use of the telephone variable is legal and that it could be used to purchase goods and services other than telephones. This is not true. AD 6.12 proves him to be lying. The variable is not a legal means to obtain up to $ 5.2 million a year for anything Medina and his buddies wanted with no Council approval, no public review, no competitive bidding or ordinance. It cannot be used to purchase anything corrupt employees wish while the overhead charge is applied to department and grant phone budgets for non-telephone related goods/ services and for goods/services not delivered or provided. Harrison lied when he published known false MI reports in 2005/6 and again in 2009 under oath in court.
Super Lawyer- Attorney Malinda Gaul had in her possession numerous documents (Varns 2007 deposition, Administrative Directives, OMB regulations/statements, the Local Government Code, the City Charter, etc.) proving that City witnesses (especially CIO Varn who when deposed stated that he didnt know what the variable was and knew only second-hand information of budget adjust processes) were being coached by Klein/Kosanovich to present false testimony. She refused to enter the documents into evidence. She raised no objection to the lies, never requested a mistrial, refused to file a motion for a new (fair) trial/appeal and walked away. She neglects her responsibility under the law and under the Texas Rules of Professional Conduct to expose the fraud upon the court, hold the criminals accountable and have the judgment declared void.
The Texas Rangers refuse to investigate the crimes, administer polygraph exams, etc. in an effort to protect Whitman. They lied when they informed the FBI that no fraud was found as they have proof of the criminal activity and fraud upon the court including Whitmans false testimony but help hide the crimes. They refuse to administer polygraph exams or perform an official investigation. They refuse to reply to phone calls and letters.
Over a five year time frame the FBI received almost 1000 pages of documents reporting the crimes. During this same five years the FBI produced exactly 5 pages of documents in reply to the reports of public corruption. Three pages were standard you got a phone call notes and two pages contained a few handwritten notes. Two comments stand out: prior dealings with Texas Rangers on this. Denson knows him. The Rangers cautioned about dealing with F........l and Todd Ratcliff/carg v both have looked into allegations. Rangers/AG looked at it. Found no fraud. hearsay basis on audit. FOIA access finds no evidence of any investigation by Ratcliff or any other FBI agent. FBI Agent True Brown published a fraudulent letter stating that three separate meetings with three FBI agents had taken place over the years- a lie. The FBI has since September 2009 been unable to name the dates of the ghost meetings, the participants, etc. Why would the Texas Rangers caution the FBI about dealing with F........l????? Why lie about meetings that never occurred?
The AG lied to the FBI as they never investigated anything. They refuse to reply to calls and letters.
SAPD and BCSO close out police reports (9.0471467 and 2009-081395) and refuse to reply to phone calls, letters, etc. On July 1, 2009 McAnus issues a criminal trespass warning and posts the former Telecom Managers photo in public buildings as if he is a criminal and threat to society. Evidence of the crimes is confiscated from Council chambers. On City Attorney Bernards instructions any correspondence from any citizen concerning the crimes is forwarded directly to his office. No replies or phone calls are forthcoming from elected officials.
HUD published a fake report stating that no fraud was found- surprise! Corrupt San Antonio Agents Marquez and Hall refused to interview critical witnesses including the Telecom Manager or hold public/transparent hearings. Victoria Marquez stated over and over I dont care and really didnt care that the top IT employee -CIO Richard Varn- lied under oath in a court of law to hide the fraud. HUD refuses to reply to letters or return phone calls requesting that critical witnesses be interviewed. They neglect their duty and helped hide the crimes.
Numerous elected officials are aware of the long-term criminal activity and the ongoing cover-up. Recordings are on file proving that Senator Jeff Wentworth, Senator Leticia Van De Putte and State Auditor John Keel personally were informed of the crimes and reviewed the documents or had conversations discussing the criminal activity and cover-up. Wentworth can be heard speaking with State Auditor Keel using the words "crooked politicians" and "cover-up". Instead of following up on the reports of criminal activity they instead help keep the crimes hidden. They ignore the crimes, look away to help keep them secret and protect the criminals. (see audio recordings file on CD)
This statement is true and correct to the best of my recollection.
The enclosed CD contains a sampling of information supporting the facts detailed in this affidavit. Additional information is available upon request. I ask that a polygraph exam be administered to myself, Ranger Whitman, Ranger Coleman, Asst. DA Elliott, DA Investigator Martinez, IT Director Miller, IT Manager Gonzalez, IT Manager Segovia, former CIO Varn, City Attorney Deborah Klein and others concerning the numerous violations of law detailed in this and other documents.
END OF STATEMENT
Sworn to and subscribed before me this__23rd_____ day of _March________, 2011.
Notary Public in and for Bexar County, Texas