Sheriff’s helicopter assists

By Antioch Police Department PIO Darryl Saffold

Yesterday afternoon, at 2:55 PM officers were sent to Antioch High School on report of a man, Elijah Messiah Lowery, age 18, seen near the campus with a handgun tucked into his waistband. (See related article)

Thanks to an alert citizen, APD officers (with the assistance from the Contra Costa Sheriff’s Office Air Unit) located the described individual shortly after he left the area. A loaded firearm was recovered after an unsuccessful attempt at hiding it.

An adult male was arrested for possession a loaded firearm in a school zone and sent to the County Jail.

We are grateful for our partnership with the Contra Costa Sheriff’s Office and for the exceptional service they provide communities like ours with their Air Unit.

Special thanks to those who saw something not right and immediately said something to our exceptional dispatchers, who immediately sent officers to make a successful and safe apprehension.

Lowery was charged with PC25850(A) – possession of a loaded firearm in public, PC25400(C) (6) – carrying a concealed weapon, and PC626.9(B) – violating the Gun-Free School Zone Act of 1995.

Non-student arrested; police seek another suspect

By Allen D. Payton

After school let out Thursday afternoon, a gun was believed to be seen on the Antioch High School campus and later a rifle appeared to be pointed at the school from a passing car.

At 4:32 p.m., Antioch Unified School District Superintendent Stephanie Anello issued the following message to the trustees and media:

“The following autodialer will be going out to staff and students shortly. I want to commend the staff who intervened and acted quickly to ensure all students and staff were safe.

 ‘Good afternoon, this is Mr. Jimno, Principal of Antioch High School. Following dismissal this afternoon, a non-student entered campus and site security noticed what they believed was a weapon. Staff immediately called 9-1-1 and the non-student was removed from campus. The individual is in [sic] now in police custody.

 Approximately 30 minutes later, a staff member witnessed a light-colored SUV driving down G Street at a high rate of speed. A passenger in the car appeared to have a rifle pointed in the direction of the school. The passenger was wearing a red, hooded sweatshirt and black mask. Police were notified immediately. It is unknown at this time if the perpetrators are in custody.

As always, please do not hesitate to contact the school should you have any questions, etc. Thank you.’

Thank you,

Stephanie”

10/21/22 UPDATE: – Friday morning, Antioch Police Department PIO Darryl Saffold provided the identity of the one who was arrested and additional details.

“Yesterday afternoon, officers were sent to Antioch High School on report of a man (Elijah Lowery-18) seen near the campus with a handgun tucked into his waistband.

Thanks to an alert citizen, APD officers  (with the assistance from the Contra Costa Sheriff’s Office Air Unit) located the described individual shortly after he left the area. A loaded firearm was recovered after an unsuccessful attempt at hiding it.

An adult male was arrested for possession a loaded firearm in a school zone and sent to the County Jail.

We are grateful for our partnership with the Contra Costa Sheriff’s Office and for the exceptional service they provide communities like ours with their Air Unit.

Special thanks to those who saw something not right and immediately said something to our exceptional dispatchers, who immediately sent officers to make a successful and safe apprehension.

DATE: 10/20/2022  TIME: 1455   CHARGE(S): PC25850(A), PC25400(C) (6), PC626.9(B)

 

Deceased before being discovered by Con Fire; believed to be African American under age 30

By Public Information Officer Darryl Saffold, Antioch Police Investigations Bureau

10/18/2022 UPDATE: The Antioch Police Department Investigations Bureau is seeking public assistance in identifying the female victim located yesterday morning on the Mokelumne Trail between Gentrytown Drive and Lucena Way. Unfortunately, due to the severity of her sustained burns, we are having difficulty identifying her. (See related article)

The victim is believed by to be of African American descent and is thought to be under 30 years old. She is believed to be approximately 5’6″, and her weight is unknown. The victim was found to be wearing a ring on her right ring-finger and a metal necklace with a pendant and letter “K” attached. It is unknown if the letter “K” was the only letter attached to the chain and could be part of a series of letters that was not part of the original discovery. The above photos depict the jewelry items described.

Moreover, the victim had extensive dental work done in the past, including three missing left lower molars and a distinctive gap between her top front middle teeth.

After the autopsy, investigators learned that the victim was deceased before being discovered by Con Fire.

This is still an on-going and active investigation.  Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Whitaker at wwhitaker@antiochca.gov or (925) 779-6890. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Police seek suspect(s)

By Lieutenant John Fortner, Investigations Bureau, Antioch Police Department

On Monday, Oct. 17, 2022, at approximately 5:36 AM, a resident called the Antioch Dispatch Center to report a small fire on the paved Mokelumne Coast to Crest Trail north of Lopez Drive, between Gentrytown Drive and Contra Loma Boulevard.

The Contra Costa County Fire Protection District responded to the area and located a human body on fire. The CCCFPD requested Antioch police to respond to the scene as they worked to extinguish the fire. Several Antioch police officers responded to the scene along with CCCFPD Arson investigators.

Unfortunately, the victim succumbed to their injuries at the scene, and the remains were determined to be a female. The suspect(s) left the scene and have not been located.

Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes and Special Operations Units, responded to the scene to assist with the investigation. At this time, the identity, age and race of the victim is unknown.

Currently, detectives are interviewing witnesses and residents in the area and are working to identify the victim and any suspects or persons-of-interest. The investigation is still active, and evidence is being collected.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Whitaker at 925-779-6890 / wwhitaker@antiochca.gov. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

By U.S. Attorney’s Office, Northern District of California, U.S. Department of Justice

SAN FRANCISCO – Sutter Health, a Sacramento-based health care services provider, and its affiliate Sutter Bay Hospitals, the successor to Sutter East Bay Hospitals dba Alta Bates Summit Medical Center (collectively Sutter Health), agreed to pay more than $13 million to settle allegations that it violated the federal False Claims Act by billing the United States for toxicology screening tests performed by outside labs, announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation San Francisco Special Agent in Charge Robert K. Tripp; Office of Personnel Management Office of Inspector General (OPM OIG) Special Agent in Charge Amy K. Parker; Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan; Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) Western Field Office Special Agent in Charge Bryan D. Denny; and the Defense Health Agency (DHA).  Sutter Health DOJ Settlement Agrmt 10.17.2022

“Sutter Health agreed to pay $13 million to settle allegations that it billed government health programs for lab tests performed by others,” said U.S. Attorney Stephanie M. Hinds. “Government health care programs must be protected, and this office will investigate and pursue health care providers that fail to provide the services paid for by public health care programs.”

“Investigating health care fraud and abuse is a priority for the FBI,” said FBI San Francisco Special Agent in Charge Robert K. Tripp. “These cases are often worked in conjunction with our federal law enforcement partners, and this settlement is a great example of the multi-agency investigative team’s hard work to protect the integrity of the Federal Employees Health Benefits Program.”

“The OPM OIG is committed to protecting the Federal Employees Health Benefits Program from fraudulent claims,” said OPM OIG Special Agent in Charge Amy K. Parker. “I applaud the dedicated team for their effort in securing today’s settlement.”

“When medical providers charge federal health care programs for services that other providers actually performed, the integrity of these programs is undermined,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “Working with our law enforcement partners, we will continue to uproot and investigate such schemes.”

“Today’s announced outcome concludes a collaborative effort to hold Sutter Health accountable for its improper billing practices that harmed our health care system, including the Department of Defense’s TRICARE program,” said DCIS Western Field Office Special Agent in Charge Bryan D. Denny. “DCIS will continue to work closely with our law enforcement partners to protect the integrity of the health care system.”

“We commend the Department of Justice, the U.S. Attorney’s office, and the other state and federal agencies for their commitment to justice,” stated the Defense Health Agency. “Their efforts protect taxpayer dollars to ensure our service members, veterans and their families continue to receive the highest level of medical care.”

The United States contends in the civil settlement agreement signed by Sutter Health that under the terms of a contract which the Sutter Health hospital Alta Bates Summit Medical Center entered into with Navigant Network Alliance, LLC, Navigant referred urine toxicology specimens obtained from physicians and laboratories across the country to Sutter. Sutter submitted bills, or caused bills to be submitted, for reimbursement of the qualitative and quantitative testing it performed on the specimens. The United States asserts that Sutter did not perform the quantitative testing on thousands of specimens referred under the agreement and that these quantitative tests were instead performed by third-party labs. The United States alleges that Sutter nevertheless sought reimbursement for the tests. In the settlement agreement, the United States contends that between August 1, 2016, and June 30, 2017, Sutter billed for urine toxicology tests it did not perform and was paid for the testing by the Federal Employees Health Benefits Program, Medicare, Medicaid, and Tricare.

Sutter agrees in the settlement agreement to pay $13,091,452 to settle the false claims allegations. Of that amount, Sutter has already paid more than $6.5 million to the United States. Sutter agrees to pay the remaining amount of approximately $6.5 million to the United States within 30 days. The settlement agreement resolves the civil law claims that the United States might have brought based upon these allegations.

This matter is being handled by Assistant United States Attorney David DeVito, with assistance from Garland He, Jonathan Birch, Lillian Do, and Alan Lopez. The matter is the result of a coordinated investigation between the U.S. Attorney’s Office for the Northern District of California and the FBI, OPM OIG, HHS-OIG, DCIS, and the DHA.

The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The civil settlement agreement is neither an admission of liability by Sutter Health nor a concession by the United States that its claims are not well founded.

 

22,000 ballot cards included with 167 “unique combinations of contests”

By Allen D. Payton

On Friday, Oct. 14th, the Contra Costa County Elections Division performed the official logic and accuracy testing on their central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.  

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”

Only one candidate running in each of three seats representing portions of Antioch – Antioch School Board Area 2, College Board Wards 3 & 4

By Allen D. Payton

In some races for the November election only one candidate has filed to run but running as a write-candidates is still a possibility. Official write-in candidates, who can run for any office regardless of how many other candidates are running in the race and want their votes counted, must file paperwork and follow a process that ends Tuesday, Oct. 25th.

In the Antioch School District races, only one candidate filed to run in Area 2, Dr. Jaguanana “Jag” Lathan. There are also no challengers in the Contra Costa Community College District Ward 3 and 4 elections in which incumbents Rebecca Barrett and Andy Li are running again.

According to the Candidate Handbook and Resource Guide on the Contra Costa County Elections Division website, “A person interested in running as a write-in candidate may file for office between September 12 and October 25, 2022. There is no fee or charge required of a write-in candidate, except in the case of some city offices.

Any person who desires to be a write-in candidate, and have any votes cast for him/her reported, shall file a ‘Statement of Write-In Candidacy’. (Election Code 8605)

Cities, East Bay Regional Park District, East Bay Municipal Utility District, and Alameda-Contra Costa Transit District require nomination signatures to be collected for a valid write-in candidacy. Signers of nomination papers for write-in candidates shall be voters in the political subdivision in which the candidate is to be voted on. See pages 3-5 for the required number of nomination signatures.

Write-in candidates must file the same forms required of other candidates, who have filed during the regular filing period. The candidate statement form or ballot designation form does not apply to write-in candidates and write-in candidates may not submit a candidate statement.

Only votes cast for qualified write-in candidates are reported.”

Write-in candidates for city council, school board or special districts are required to file a Form 700 financial disclosure, Form 501 intention to run, and Form 470 unless they plan to spend less than $2,000. If they spend more, candidates also must open a campaign committee with a Form 410 which is filed with the Secretary of State’s office.

For city council races, write-in candidates are also required to obtain 20 nomination signatures of registered voters in the district where they are running. The voters who sign must live at the address where they are currently registered. Candidates must file their nomination papers and other forms with the city clerk’s office, except for Form 410.

For school board and special district write-in candidates, no nomination signatures are required but they must file their paperwork with the county elections office in Martinez.

Stored data on severs in the People’s Republic of China, Los Angeles DA says

Contra Costa data “was not involved in the alleged incident” – Debi Cooper, County Clerk-Recorder-Registrar

Controversial Dominion voting equipment used by county does have removable media ports; test run on Friday

By Allen D. Payton

Los Angeles County District Attorney George Gascón announced on Tuesday, Oct. 4 that the CEO of Michigan-based Konnech Corporation which is responsible for the software used in managing Los Angeles County election poll workers, has been arrested as part of an investigation into the possible theft of personal identifying information of those workers. The Contra Costa County Elections Division also uses the same software. However, it’s been confirmed that Contra Costa’s data was not involved in the alleged incident.

Konnech distributes and sells its proprietary PollChief software, which is an election worker management system that was utilized by the county in the last California election. The software assists with poll worker assignments, communications and payroll. PollChief requires that workers submit personal identifying information, which is retained by the Konnech.

“I want to thank my prosecutors and investigators for their commitment to eliminating cyber intrusions against government entities and local businesses,” Gascón said. “Data breaches are an ongoing threat to our digital way of life. When we entrust a company to hold our confidential data, they must be willing and able to protect our personal identifying information from theft. Otherwise, we are all victims.”

The investigation was concerned solely with the personal identifying information of election workers. In this case, the alleged conduct had no impact on the tabulation of votes and did not alter election results. But security in all aspects of any election is essential so that we all have full faith in the integrity of the election process.”

Earlier that day, Konnech Corporation Chief Executive Officer Eugene Yu was taken into custody on suspicion of theft of personal identifying information by investigators from the District Attorney’s Office Bureau of Investigation with assistance from the Meridian Township Police Department in Michigan. In addition, hard drives and other digital evidence were seized by LADA investigators.

The L.A. County District Attorney’s Office is seeking Yu’s extradition to Los Angeles.

Under its $2.9 million, five-year contract with L.A. County, Konnech was supposed to securely maintain the data and that only United States citizens and permanent residents have access to it. District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People’s Republic of China.

The East Lansing Police Department and Ingham County Sheriff’s Office in Michigan also assisted in the investigation.

“Konnech was required to keep the data in the United States and only provide access to citizens and permanent residents but instead stored it on servers in the People’s Republic of China,” the L.A.D.A.’s office said.

As a result of Yu’s arrest, Prince William County, Virginia stopped using the PollChief software, this week, according to a Potomac Local News report.

Contra Costa Clerk Says County’s Data Not Included

Several questions were emailed to Contra Costa County Clerk-Recorder-Registrar Debi Cooper, including “does your department use any Konnech software, including its proprietary PollChief, for the Elections Division? If so, do you know if any the personal data of any poll workers, any voters or anyone else in our county was part of the alleged theft and also stored on servers in China? If so, what if anything has the Elections Division done or are they doing about it?”

Cooper responded, “Contra Costa uses PollChief for our poll worker management and communication and asset management (supplies inventory). Our software and data are stored in a secure private cloud located in Lansing, Michigan. This system is used to schedule training and communicate with our volunteers and to track polling place supplies.  It is critical to note that this system is not connected to our voter registration/ elections management system nor to our stand-alone vote tabulation system, which is not connected to any other network or the internet.”

“Our poll workers’ personal info, such as SSN or vaccination information, is managed by the Contra Costa County HR database, which is not connected to PollChief in any way,” she continued. “We have confirmed that our data was not involved in the alleged incident.  Per our contract, our data and the system have remained in the secure cloud in Lansing, Michigan.”

“In addition, Contra Costa’s PollChief system does not require any personal identifiable information to apply as an Election Volunteer, therefore no volunteer personal identifiable information is captured or stored on Contra Costa’s PollChief site,” Cooper shared. “We continue to be in regular contact with the vendor as they work through this issue.  We have reviewed our contract terms and confirmed with the company that the terms continue to be met and our data remains fully secure and without breach.”

Contra Costa’s Dominion Voting Equipment Removable Media Ports Under Lock and Key

As previously reported the county has been using the controversial Dominion voting equipment since 2018.

Regarding election security in Contra Costa County, Cooper was asked, “does the Dominion voting equipment used by the Elections Division have ports in which a mobile hard drive can be inserted and/or removed? If so, who in the office handles that and why would it be done?”

She responded, “Any open ports on our equipment at in-person voting locations (ICX accessible voting equipment, ballot printers, etc.) have locking covers or port blockers installed, which we retain the keys to.”

10/17/22 UPDATE: Friday Test Results in 100% Accuracy

On Friday, Oct. 14th, the Elections Division performed the county’s official logic and accuracy testing on central ballot counting and processing equipment. Logic and accuracy testing is a standard pre-election procedure. The test is designed to confirm that all central count equipment is in working order and functioning properly. A set of test ballots was run through each scanner to ensure they are properly programmed and operating as expected.

Questions were sent to the Elections Division staff asking about the results of the test.

Helen Nolan of the County Elections Office responded, “Our logic and accuracy testing on Friday went very well. We scanned 22,000 ballot cards, which were a mix of pre-printed test ballots, hand marked test cards, ICX (Ballot Marking Device) ballots, RAVBM ballots, and MBP printed ballot cards. Our test decks were comprised of 167 different patterns for each ballot type (unique combination of contests, candidates, and rotations). These test ballots come to us with an expected set of results.

700 ballot cards were adjudicated in order to test each ‘out-stack’ condition (blank card, overvoted contest, indeterminate marks, and write-in positions) to ensure the scanners were accurately identifying those ballots with those pre-indicated conditions.

Our end results matched 100%, meaning after all test ballots were scanned and adjudicated, we found our test results matched the predetermined expected results with 100% accuracy.”