Finalize agreement to expand DOJ-required monitoring consultant’s contract

Consider potential whistleblower lawsuit

By Allen D. Payton

During a special meeting Monday, August 31, 2026, the Antioch City Council will consider hiring an Economic Development Director and forming a separate Economic Development Department, again. They will also finalize the discussion and vote on expanding the contract with the monitoring consultant required by the settlement agreements with the U.S. Department of Justice, City of Antioch and police department. That will follow a Closed Session to discuss the lawsuit by the natural gas pipeline company and a potential lawsuit by a City employee whistleblower.

Economic Development Director & Department Redo

Under Item 2. on the Special Meeting agenda, the Council will consider once again forming an Economic Development Department and hiring a director for it, following its merger with the Community Development Department by City Manager Bessie Scott, last year.

It also follows the current vacancy in the position of Director of the Community and Economic Development Department since March 3, 2026, when Zach Seal was no longer in the position after being hired less than six months earlier. (See related article)

According to the City staff report, the Council “has identified economic development as an important policy priority, including business attraction and retention, investment recruitment, development incentives, redevelopment, workforce partnerships and strategies to strengthen the City’s economic base. At the August 25th budget study session, City Council expressed the desire to explore separating Economic Development from Community Development and re-establishing a separate department with its own Director to have a focused strategy…at a time when economic development and revenue generation are most vital to the City.”

The staff report continues, “the Fiscal Year 2026/27 Economic Development division in the Community and Economic Development Department includes $436,759 in personnel budget for three positions: Senior Economic Development Program Manager, Economic Development Program Manager and Economic Development Specialist. Projected vacancy savings were built into the 2026/27 budget figure assuming it would take several months to fill the positions. There could be a budget impact should City Council decide to add back the Director position.”

The recommended organizational structure of the department would include an Economic Development Director, Senior Economic Development Coordinator and Specialist, eliminating the position and cost for the Economic Development Program Manager.

The staff report also shared, the current salary range for the Antioch Economic Development Director is $13,021-$15,828 per month, which is on the low end of a salary comparison with surrounding cities that’s included. “If a new salary range were established beyond that, it should fall within Antioch’s existing range of executive leadership salaries. If City Council would desire to increase the existing established salary range for the department’s Director, it is recommended to be at a range of $14,185-$17,242, slightly above Brentwood and within the City’s existing structure. The 2026/27 estimated annual salary and benefit cost of the position at this range at Step E would be $393,027.”

Monitoring Consultant Contract

After discussing then postponing the matter during their Aug. 25th meeting, under Item 1 on the Special Meeting agenda, the Council will again consider approving the First Amendment to the Professional Services Agreement with MS Investigative Services and Consulting, LLC, to expand the scope of services to include Independent Monitoring services required under the Allen Settlement Agreement (ASA); and authorizing an additional annual compensation amount of $150,000 for ASA monitoring services and associated Fiscal Year 2026/27 General Fund budget amendment.

According the company’s website, the Principal, Manjit Sappal “served in three California police departments, culminating in his tenure as Chief of Police for the City of Martinez…he also served twice as Interim City Manager…oversaw all municipal departments and guided the City through strategic budget initiatives, ballot measures, and community safety priorities.”

He earned a Master’s degree in Public Administration, a CA Private Investigator License, he’s a Certified Protection Professional, a graduate of the FBI National Academy Session 241 and the Police Executive Research Forum Senior Management Institute and has received DEA Federal Law Enforcement Analysis Training and CA Commission on Peace Officer Standards and Training (POST) Executive, Management, Supervisory, Advance, Intermediate and Basic.

According to the City staff report, “The existing Professional Services Agreement…provides compensation of up to $250,000 annually for consulting and monitoring services required under the USDOJ Memorandum of Agreement (MOA). The proposed First Amendment increases compensation by $150,000 annually to compensate the Consultant for the expanded monitoring responsibilities required under the Allen Settlement Agreement. The additional compensation will be paid hourly at the rate of $210 not to exceed $150,000.”

If the First Amendment is approved, total annual compensation for monitoring services under both agreements will not exceed $400,000 annually. Amending the contract requires a Fiscal Year 2026/27 General Fund budget amendment of $150,000 which will increase the projected deficit of $4,567,879 by $150,000. Funding for future years will be included in draft budgets brought forth for consideration.

Background

According to the City staff report, in April 2023, the USDOJ initiated an investigation into the Antioch Police Department following the public disclosure of text messages exchanged by Antioch police officers containing racist, sexist and discriminatory language. As a result, in Jan. 2025, the City of Antioch, Antioch Police Department and the USDOJ entered into the MOA, requiring implementation of reforms related to constitutional policing, accountability systems, data collection, complaint investigations, community engagement, hiring practices, supervision and oversight.

A key component of the MOA required the City and the USDOJ to jointly select an Independent Consultant to provide technical assistance, compliance monitoring and implementation oversight. Following a competitive and joint evaluation process with USDOJ representatives, MS Investigative Services and Consulting, LLC was selected as the Independent Consultant.

Then, on March 27, 2026, the City entered into the Settlement Agreement in Allen et al. v. City of Antioch, et al, a class action civil rights lawsuit. The Settlement Agreement incorporates many of the same constitutional policing reforms and accountability measures already required under the DOJ MOA and expressly requires that the existing DOJ Monitor also serve as the Monitor under the ASA.

See Final Allen Settlement Agreement.

As previously reported, Allen is one of four individuals convicted of the 2021 murder of Arnold Marcel Hawkins and the attempted murder of Aaron Patterson and it was that case which resulted in the release of the police officers’ texts. Allen and a variety of other plaintiffs claimed civil rights violations by the officers. A settlement between the City and their attorneys was announced Dec. 19, 2025.

The monitoring consultant submitted the Antioch Police Department’s First Compliance Report in April this year, pursuant to the MOA signed January 2, 2025. The report assesses the Department’s compliance with the MOA for the reporting from that date through March 31, 2026.

That followed the police department’s Self-Assessment Report 1 issued by Chief Joe Vigil on October 15, 2025.

Closed Session

During their Closed Session meeting beginning at 5:30 p.m., under Item 1. the Council will hold a Conference with Legal Counsel on existing litigation by the California Resources Pipeline Corporation (CPRC) v. City of Antioch, Contra Costa Superior Court Case No. MSN21-2354. The lawsuit continues following the Antioch City Council’s 4-0 vote during their meeting on July 28, 2026, to deny the company’s Encroachment Permit Appeal. CPRC is the owner of the low-pressure, natural gas pipeline that runs under the city and has been shut off since 2021. (See related articles here, here and here)

Under Item 2., the Council will hear about and discuss “Significant exposure to one case of litigation pursuant to Government Code Section 54956.9(e)(2). The staff report reads, “The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff or plaintiffs pertaining to possible Labor Code Section 1102.5, and Fair Employment and Housing Act violations.” According to Employment Law Aid, “California Labor Code § 1102.5 protects whistleblowers who report violations.”

Meeting Details

Before entering Closed Session and during their Regular Meeting, which begins at 6:30 p.m., the Council will meet in the Council Chambers at 200 H Street, and both can be viewed via livestream on the City’s website, on the City’s YouTube channel or on Comcast cable TV channel 24 or AT&T U-verse channel 99.

See complete agenda packet.

Please check back later for any updates to this report.

Four others are from Concord, Walnut Creek, Marin County & visiting from Germany

They came to meet a child. They met law enforcement instead.

By Walnut Creek Police Department

The Walnut Creek Police Department recently hosted a multi-agency operation with the Contra Costa County Internet Crimes Against Children (ICAC) Task Force, targeting adults who used social media to target children for sexual exploitation. Five adults traveled to Walnut Creek believing they were meeting a child. All now face charges including attempted lewd acts with a minor (PC 664/288(a)), contacting a minor to commit a sex offense (PC 288.3(a)), and arranging to meet a minor for sex (PC 288.4(b)).

5 arrests:

• Billie Ray Breland, 29, Antioch (born 02/12/1997)
• Andrew Garcia, 32, Concord
• Rudolf Naused Robl, 42, visiting from Germany (born 07/04/1984)
• Jacek Markiewicz, 67, Walnut Creek, also charged with attempted kidnapping
• Taesu Park, 36, Marin County

The ICAC Task Force exists to identify predators before a real child is harmed, combining investigations, training, and victim support across our region. Operations like this one are the result of that work.

Thank you to our partnering agencies for their work on this operation: Contra Costa County Sheriff, Contra Costa County District Attorney, FBI San Francisco, Homeland Security Investigations, U.S. Secret Service, US Customs & Border Protection, Contra Costa County Probation Department, Moraga, Brentwood, San Ramon, Concord, Hercules, Pleasant Hill, Oakley and Menlo Park Police Departments, Contra Costa County MCTF, San Francisco Sheriff’s Office and Marin County DA.

According to the Contra Costa County Sheriff’s Office, the five-foot, 11-inch tall, 237-pound Breland is Hispanic, was arrested on July 23rd and is being held in a Custody Alternative Facility on $50,000 bail. He’s also listed as White and as of Aug. 3, 2026, at 10:25 AM, he was released to Off Grounds Unsupervised Custody.

According to the Contra Costa County Sheriff’s Office, the five-foot, 10-inch tall, 200-pound Robl is Hispanic, but also listed as White, was arrested on July 26, is being held in the West Re-Entry Treatment and Housing facility on $475,000 bail. His next court date is scheduled for Aug. 28 at 8:30 AM in Martinez Superior Court Department 5.

According to localcrimenews.com, Park is a resident of Richmond and was charged with attempted kidnapping, attempted lewd acts with a child, attempting to contact a minor with intent to commit an offense, distributing or sending harmful matter to a minor by any means, and 288.4(A)(2) – Prior Conviction Enhancement. Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290, he Sex Offender Registration Act, shall be punished by imprisonment in the state prison.

Allen D. Payton contributed to this report.

Plus, 30 more police emergency radios; postpones contract expansion with U.S. DOJ police department monitor

Mayor Bernal participates remotely without prior notification but allowed due to “contagious illness”

 “I want to get Flock out of Antioch,” Councilwoman Torres-Walker said then voted for the new AI-assisted license plate reader system.

By Allen D. Payton

During their Tuesday night meeting, Aug. 25, 2026, the Antioch City Council approved the purchase of AI-assisted technology systems for the police department, a one-year 3% COLA pay raise for police officers, traffic calming devices for Sycamore Drive and 30 more police emergency radios. The council postponed approving the contract expansion with U.S. DOJ police department monitor. They also received some good news about the City’s investments, received and approved the 2025 Annual Military Equipment Report from the police department and approved the 2025 Urban Water Management Plan and Water Shortage Contingency Plan.

Bernal Participates Remotely Due to Illness

Only three council members attended in-person with Mayor Ron Bernal participating remotely, but his location was not included in the agenda as was required of District 1 Councilwoman Tamisha Torres-Walker during the last two meetings. She participated remotely in the last council meeting from a resort and spa in Santa Cruz after proper notification. That followed her being denied the opportunity to participate in the prior meeting due to an error by Acting City Manager Ana Cortez, even though the councilwoman did provide her location prior to the meeting as required. However, different rules applied this time because Bernal was sick. (See related articles here, here and here)

Mayor Pro Tem and District 3 Councilman Don Freitas presided over the meeting, with only Torres-Walker and District 2 Councilman Louie Rocha in attendance and District 4 Councilwoman Monica Wilson absent.

At the beginning of Tuesday’s meetings, which started with a Closed Session at 3:30 p.m., Bernal was asked to confirm his attendance by Freitas. The mayor, via Zoom said, “I affirm my attendance. I, Ron Bernal, Mayor of the City of Antioch, am unable to attend tonight’s meeting due to a contagious illness and am appearing remotely under just cause pursuant to California Government Code Section 54953.8.3. My wife, Irma, will be the only person, the only adult in the room with me and I will participate via both audio and visual technology throughout the entirety of the meeting. Mr. City Clerk, I ask that you please record my remote appearance under just cause, in the official meeting minutes for the record. Thank you.”

“So noted,” City Clerk Michael Mandy responded.

“And your attendance, roll call,” Freitas asked.

“My attendance is remote tonight so Mayor Pro Tem Freitas will be presiding over tonight’s meeting,” Bernal added.

“It is affirmative,” Freitas responded.

“The mayor has confirmed his attendance,” Mandy stated.

“I am present,” Bernal responded.

The council then entered Closed Session to discuss employee group contracts and nine potential lawsuits. That was followed by a Special Meeting Study Session on the Fiscal Year 2027-28 General Fund Budget at 5:30 p.m. which was followed by the Regular Meeting.

Regular Meeting

Bernal repeated his confirmation to participate remotely at the beginning of the Regular Meeting which was again noted by Mandy.

City Attorney Lori Asuncion said there was nothing to report out from Closed Session.

Sales Tax Citizens Oversight Committee Appointment

The council then moved up Item 8 the appointment of Loretta Ezeife to the Sales Tax Citizens’ Oversight Committee after Item 2 on the agenda. She was appointed on a 4-0 vote of the council. Ezeife then offered remarks and thanked the mayor for nominating her and was given the oath of office by City Clerk Mandy while she was surrounded by her family members.

The council, under Item 5, received the Investment Performance Review presented by Justin Ressuelo, Institutional Sales and Relationship Manager of PFM Asset Management, the City’s advisors. The report shows the City has experienced Accrual Basis Earnings from its investments of almost $51 million over the past 10 years and earned $1.2 million in interest over the past three months, $4.9 million over the past year and $13.7 million over the past three years.

Traffic Calming Devices on Sycamore Drive

Rocha wanted to know why the traffic calming devices proposed for Sycamore Drive, under Item 6.H. on the Consent Calendar, were moved up ahead of those proposed for James Donlon Blvd.

“It will go out (for bid) this fall. Give us a year and we’ll have things laid out a bit better,” Public Works Director Scott Buenting stated.

Bernal asked about other traffic calming throughout town in response to complaints about sideshows in intersections throughout the city.

“They’re not built into the traffic calming,” Buenting responded, “We’re working through some geometry about that. It’s not a one-size-fits-all. Most likely it’s going to be bringing out something in the middle of the intersection like a speed bump. These would be done with bolt-down apparatus. I want to get something rolled out here fairly soon…in a couple different areas…that need some sideshow deterrent.”

The Council then voted 4-0 to award the construction agreement to Martinez-based Cowan & Thompson Construction, Inc. in the amount of $488,511.94, with a $25,000 contingency for a total contract amount of $513,511.94 for the Sycamore Drive Traffic Calming Improvements Project. The devices will be placed in eight segments along the street and will include signs and raised traffic separator curb guidance systems with quick release delineator bases.

Council Postpones Decision on DOJ Settlement Agreement Monitoring Consultant

Under Item 6.K. on the Consent Calendar agenda, regarding paying for the monitoring consultant required by the settlement agreement with the U.S. Department of Justice (DOJ) turned out to be a surprisingly controversial matter as Freitas expressed his adamant opposition.

According to the City staff report for the item, following the U.S. DOJ investigation into the Antioch Police Department beginning in April 2023, regarding text messages containing racist, sexist and discriminatory language. As a result in January 2025, the City, police department and U.S. DOJ entered into a Memorandum of Agreement requiring implementation of reforms related to constitutional policing, accountability systems, data collection, complaint investigations, community engagement, hiring practices, supervision and oversight.

A key requirement requires the City and U.S. DOJ to jointly select an Independent Consultant to provide technical assistance, compliance monitoring and implementation oversight.

On March 27, 2026, the City entered into a Settlement Agreement in the Allen, et al. civil rights class action lawsuit that incorporates many of the constitutional policing reforms and accountability measures already required under the DOJ Agreement and requires the existing DOJ Monitor also serve as the Monitor under the Allen Settlement Agreement. (See related articles here and here)

The council was asked to approve the First Amendment to the Professional Services Agreement with MS Investigative Services and Consulting, LLC, to expand the scope of services to include Independent Monitoring services required under the Allen Settlement Agreement and authorizing additional compensation of $150,000 annually for monitoring services and the associated Fiscal Year 2026/27 General Fund budget amendment. If approved, the total compensation for the consultant would be $400,000 per year.

Bernal questioned paying the consultant monthly versus hourly.

Antioch Police Captain Shane Bower provided the staff report and answers to the council members’ questions.

“I have a very difficult time with a 71% increase, and I am absolutely opposed to $12,500 quarterly. He could be on vacation for a month and still get the $12,500,” Freitas stated. He also opposed paying the consultant hourly while driving from his home in Martinez to Antioch and instead wanted him to be paid the standard mileage rate.

“This is one of the most expensive consultant’s contract we have,” the Mayor Pro Tem added.

Bernal asked if the invoices can be brought back “to see how the billing has been going, so far.”

“Yes, I can bring that back,” Cortez stated.

“We have a five-year block of time. There’s a lot of additional work,” Bower responded.

“It’s in the report,” Freitas interjected.

“Mr. Sepulveda has already written the draft…that far exceeds the scope,” Bower said.

“It’s not my goal…to delay the satisfaction of the settlement,” Bernal responded.

“I support working with the existing consultant,” District 2 Councilman Louie Rocha stated. “Compensation seems to be the issue. It needs to be resolved.”

“Is that the standard in the City of Antioch? If it is it needs to come back for council discussion,” Freitas said about consultants being paid while driving to Antioch.

“There’s no doubt in my opinion that we need

“A majority of this agreement does not overlap with the DOJ agreement at all,” Police Chief Joe Vigil stated.

“As far as I’m concerned, there are concerns on the other side that we are dragging our feet. I’d hate to see us back in court,” said Torres-Walker.

“If a council member makes a request and it’s ignored, that causes a delay,” Freitas responded. “We also have a fiduciary responsibility, an oversight responsibility. I think those things need to be addressed.”

“I’m suggesting we are at risk of being in violation of the settlement agreement,” Torres-Walker stated and asked for a special meeting to discuss the matter.

Following agreement between Freitas and Cortez, the matter will return to a future council meeting for additional information and action.

Approves Police Department Technology Systems Purchase

Under Item 9. on the agenda, the Council received the staff report from Antioch Police Lt. Michael Mellone on the purchase of AI-assisted automated license plate recognition, in-car camera and integrated public safety technology systems. According to the staff report, the contract includes “55 fixed automated license plate recognition (ALPR) locations using Axon Outpost, six additional Axon Fleet 3 in-car video and mobile ALPR systems, and 120 Axon AI Assistant licenses for the Police Department, for a 49-month term beginning October 1, 2026, in an amount not to exceed $661,687.54.”

“I called for dash cameras so I’m glad there’ll be more of them throughout the city,” Torres-Walker stated. She then asked about Flock license plate recognition cameras and compliance.

“We are at the forefront of being compliant, not only with the Flock license plate readers,” Mellone responded. “We don’t share with ICE or any federal agencies. That data we collect in Antioch is staying here and not being shared with anyone else.”

“I’m excited to see there will be AI translation,” the councilwoman stated.

“It’s really cool. All the officer has to do is push a button on his body-worn camera and choose whatever language…and it will translate one-to-one,” Mellone explained.

During public comments, resident Kimberly Kit Bailey asked if the cameras “are only going to be in…the troubled areas or will they be all over the city?”

“They are in all locations of the city,” Mellone responded. “We try to cover all the major entry and exit points of town. All the major thoroughfares, all the major intersections. We’re not just concentrating on certain, specific neighborhoods.”

The next public speaker was Mike Katz-Lacabe, who said he is the Director of Oakland Privacy, described as “a citizens’ coalition that works statewide to defend the right to privacy, enhance public transparency and promote oversight regarding the use of surveillance techniques and equipment.” He said, “I urge a no vote…because the staff report does not provide enough information…to justify the $660,000. There was no competitive or comparison bidding process.” He also questioned “expansion of the surveillance program” and said APD’s claim that “Motorola is decommissioning their ALPR platform…is highly suspect” because “law enforcement agencies like L.A.P.D. are continuing to purchase and deploy…technology from Motorola.”

Katz-Lacabe further complained the “staff report lacks any analysis of the effectiveness of the currently deployed license plate readers.” He also said the technology could be and is being abused and used to stalk people.

Resident Frank Sterling, speaking via Zoom said, “I am concerned about mass surveillance. I’m learning more about Axon. But one thing I have been following…is the abuses are happening where people are taking advantage of the system. I think the possibility of abuse is still there.”

Mellone responded, “I think there are some very legitimate questions and concerns. I don’t think anyone in this room wants to have their movements tracked with specificity. I don’t think we want to live in that type of society. I know I certainly don’t. It does not track people. It tracks vehicle detections. It doesn’t track driver identity. It does not maintain a live location feed on a person.”

“Only an authorized investigator can review when and where a specific license plate was captured within the (30-day) retention period, and that search must have a legitimate purpose and it’s logged, audited and tracked,” he continued. “The system records a plate image, vehicle content image and visible vehicle characteristics and the time and location of a detection.”

Mellone then mentioned the system’s use in tracking the movements and identification of the driver in last Friday’s major injury hit-and-run collision with a pedestrian.

He also said the information from the system is available to the public.

“I understand the community’s concerns around hyper-surveillance,” Torres-Walker stated. “My position is I want to get Flock out of Antioch and if moving forward with this Axon system is going to do that with potential…reviews along the way and some guardrails to make sure we are not violating civil liberties…then I can support that. My main position right now is I really want to see Flock eliminated,” she reiterated then asked about reporting to the council.

“We’re doing that now,” Mellone stated. “We have a website with the Fock data, in spite of how controversial that is. Anyone can go to our website…we have a transparency portal.” That can be found here: Flock Safety – Antioch CA PD Transparency Portal.

“With the Axon system, it’s a closed system,” he added.

The councilwoman then asked for reasons for the sole source purchase.

Mellone explained, “There are a few reasons. We’re already using Axon’s body-worn cameras. We’re already using their digital evidence platforms. We trusted Axon with our most sensitive digital evidence. We’ve never had a data breach. All of our personnel are trained in that system. I don’t have to run audits on multiple systems.”

Councilman Rocha spoke next saying, “I support the sole-source justification and the way it’s written. It is what’s most attractive to me.”

He then made the motion to approve the purchase, and as Torres-Walker took a moment to consider seconding after Freitas asked if she wanted to, Bernal said, “I’ll second it.”

Before the vote, Freitas asked, “When will they be implemented? The first phase, I guess?”

Mellone responded, “I don’t have the exact information, the timeline. I can report back to council on that. I don’t think it’s going to be a lengthy implementation.”

Referring to Torres-Walker’s comments Freitas then suggested an annual report to the council, “giving us the detailed information, positive or negative” and asked “the maker and seconder of the motion to add that…from the date the system is implemented.”

Both Rocha and Bernal agreed to the amendment to their motion.

Bernal then asked, “What is the timeline for moving away from Flock with this new system?”

“I think a lot of it depends on how soon we can get the new system up and running,” Mellone shared. He said he didn’t want to compromise existing investigations and asked if either he or the chief could return to the council with an implementation schedule. He also mentioned the additional cost for the Flock cameras as another motivation to replace them.

“So, would the Flock cameras go first, then? Would that be the strategy?” Bernal asked.

“I will make sure that the people involved…will replace the Flock cameras as a priority,” Mellone responded.

“The existing Flock contract we have another 12 months,” Chief Vigil stated.

“But we could end that,” Torres-Walker asked.

“I’d have to get with the City Attorney on ending that,” Vigil responded.

Freitas then asked that the police department leaders return in the next few weeks with answers to the council members questions.

The amended motion then passed on a 4-0 vote.

Other Council Action

In other action, the Council voted 4-0 to approve the 2025 Urban Water Management Plan and the Water Shortage Contingency Plan. The City’s water supply consists primarily of surface water diverted from the San Joaquin River and water purchased from Contra Costa Water District (CCWD). Untreated surface water from the San Joaquin River is pumped to the City’s Municipal Reservoir, where it is stored prior to treatment at the City’s Water Treatment Plant. This untreated surface water may also be routed to the Brackish Water Desalination Plant (BWDP).

Plus, except for Items 6.H. and 6.K., the Council also unanimously approved the Consent Calendar which included the following:

Item 6.I. – the Memorandum of Understanding (MOU) between the City of Antioch and the Antioch Police Officers’ Association including a 3% Cost of Living Adjustment (COLA) for Fiscal Year 2026-27 at a cost of $661,430 and other matters;

Item 6.G. – the purchase of 30 additional Motorola APX N70 handheld two-way emergency radios for the police department’s communications, including accessories and five years of subscriber and device management services, from Motorola Solutions in an amount not to exceed $300,717.21;

Item 6.J. – received and approved the 2025 Annual Military Equipment Report from the police department. The equipment includes:

1. Armored Rescue Vehicle
2. Mobile Command Center box truck
3. Specialized Firearms and Ammunition:

A. Geissele Border Patrol Rifle. Quantity 26

B. Colt ArmaLite Rifle (AR)-15 rifle. Quantity 41

C. M4 AR-15 rifle. Quantity 6

D. Colt Commando Short Barrel (SB) rifle. Quantity 10

E. Heckler & Koch (H&K) UMP. Quantity 5

F. Remington 700 bolt action rifle. Quantity 5

G. Federal brand .223 caliber rifle ammunition. Quantity 326 cases

H. Speer Gold Dot .223 caliber rifle ammunition. Quantity 50 cases

I. Ruag brand .308 caliber rifle ammunition. Quantity 8 cases / 4000 rounds

J. Cobalt Kinetics Scrambler Quick Detach Suppressor. Quantity 35

4. Kinetc Energy Projectile Launch Platforms and Projectiles

a. Penn Arms Model L140-4. Quantity 20.

b. Remington 870 Less lethal Shotgun. Quantity 2

i. Both have orange stocks and foregrips and are identified as non-lethal munition launchers.

c. Projectiles

i. Combined Tactical Systems (CTS) direct impact sponge round. Quantity 200

ii. CTS Frangible CS round. Quantity 60

iii. CTS Ferrett round. Quantity 100

iv. CTS LC5 Launching Cups. Quantity 4

v. CTS 2600 12-gauge launch cartridge. Quantity 60

According to the report, “The Antioch Police Department used specific military equipment in five incidents (in 2025). An audit…found no complaints regarding deploying or using the listed equipment. Internal audits of the listed equipment regarding deployment and use did not yield any policy violations or deployment concerns.”

The council meeting was adjourned at 10:44 p.m.

See council meeting video.

46-year-old Eric Rombough was charged with conspiring to deprive Antioch residents of their civil rights through use of excessive force, deprivation of rights under color of law, more

By United States Attorney’s Office Northern District of California

OAKLAND – In 2023 and 2024, the U.S. Attorney’s Office for the Northern District of California charged ten current and former officers and employees from the Antioch and Pittsburg police departments with crimes ranging from conspiracy to violate civil rights through excessive use of force to fraud.  The last of the ten defendants, Eric Allen Rombough, 46, of Fairfield, was sentenced today to 50 months of imprisonment.  Senior U.S. District Judge Jeffrey S. White handed down all of the sentences.  With Rombough’s sentence, the total sentences for all ten defendants exceeds 21 years.

“We entrust law enforcement with vast power, and when they abuse it, they not only betray the oath they took and the community they serve, but they also undermine the public’s trust in our criminal justice system,” said United States Attorney Craig H. Missakian.  “Eric Rombough’s sentencing is an important milestone in our successful, multi-year effort to root out corruption within the Antioch and Pittsburg police departments and we will continue to hold accountable anyone who violates federal law, regardless of their position.”

“The sentencing of Eric Rombough marks the culmination of a years-long investigation driven by the relentless work of FBI agents, analysts, and our law enforcement partners who refused to overlook misconduct, regardless of position or authority.  This case underscores a fundamental truth: no one is above the law, especially those entrusted to uphold it.  When officers abuse their authority, they undermine the very foundation of public trust.  The FBI remains steadfast in pursuing those who betray that trust, and we will continue working to ensure accountability and to help restore confidence in the institutions that serve our communities,” said Federal Bureau of Investigation Acting Special Agent in Charge Matt Cobo.

Case No. 23-cr-269 JSW – Civil Rights Violations and Falsification of Records

Rombough, Morteza Amiri, 35, of Antioch, and Devon Christopher Wenger, 33, formerly of Oakley, were charged with conspiring to deprive the residents of Antioch of their civil rights through the use of excessive force, and deprivation of rights under color of law, among other violations.  In January 2025, Rombough pleaded guilty to conspiracy against rights and two counts of deprivation of rights under color of law and agreed to cooperate with the government.  According to Rombough’s plea agreement and the evidence presented during two trials, Amiri, Rombough, and Wenger communicated about actual and intended uses of force, including specific violent acts against individuals in and around Antioch, and agreed to carry out such acts knowing their actions constituted excessive uses of force by a police officer under color of law.  In particular, they agreed to and/or did deploy uses of force, including police dog bites, as “punishment” to subjects beyond any punishment appropriately imposed by the criminal justice system, collected physical or photographic “trophies” following such deployments of excessive force, and communicated after the deployments to tout the applications of force with the exchange of messages and photographs of subjects’ injuries.  They also authored reports that contained false or misleading statements to suggest that the force used was necessary or justifiable, when in truth and in fact, they willfully used excessive force.

In March 2025, following an eight-day trial, a jury found Amiri guilty of one count of deprivation of rights under color of law and one count of falsification of records in connection with a July 2019 arrest.  Amiri was sentenced to 84 months in prison for these violations and the additional crimes set out below.  In September 2025, following a seven-day trial, a jury convicted Wenger of conspiracy against rights.  Wenger was sentenced to 90 months in prison for this violation and the additional crimes set out below.

Case No. 23-cr-264 JSW – Salary & Incentives Fraud

Patrick James Berhan, 33, of Oakley; Amiri; Amanda Carmella Theodosy a/k/a Nash, 35, of Discovery Bay; Samantha Genoveva Peterson, 33, of Fairfield; Ernesto Mejia-Orozco, 37, of Oakley; and Brauli Rodriguez Jalapa, 36, of Clayton, were charged with conspiracy to commit wire fraud and wire fraud related to a scheme to obtain pay raises from the police departments of the cities of Antioch and Pittsburg for university degrees they each paid someone else to obtain in their names.

Peterson pleaded guilty to wire fraud in January 2024.  Berhan pleaded guilty in March 2024 to conspiracy and wire fraud, and pleaded guilty to an additional charge for possession with intent to distribute anabolic steroids.  Berhan was sentenced to 30 months of imprisonment.  In June 2024, Mejia-Orozco and Rodriguez Jalapa pleaded guilty to conspiracy and wire fraud.  In July 2024, Theodosy a/k/a Nash pleaded guilty to conspiracy and wire fraud.  Mejia-Orozco, Rodriguez Jalapa, and Theodosy a/k/a Nash were each sentenced to three months of imprisonment.  In August 2024, following a four-day trial, a jury found Amiri guilty of conspiracy and wire fraud.

Case No. 23-cr-268 JSW – Distribution of Anabolic Steroids and Destruction of Records

Daniel James Harris, 38, formerly of Discovery Bay, and Wenger were charged with conspiracy to distribute and possess with intent to distribute anabolic steroids related to Harris’s distribution of anabolic steroids to Wenger and other police officers, and Wenger’s attempt to secure anabolic steroids from Harris for another friend.  Based on these same events, Harris was also charged with attempted possession with intent to distribute anabolic steroids and possession to distribute anabolic steroids, and Wenger was charged with destruction, alteration, and falsification of records in federal investigations, the last of which was based on Wenger’s efforts to delete digital evidence of his discussions of anabolic steroids with Harris and his friend.

Harris pleaded guilty to these charges, pleaded guilty to an additional charge for bank fraud, and agreed to cooperate with the government in September 2024.  Harris was sentenced to time served for these charges.  In April 2025, following a three-day trial, a jury found Wenger guilty of conspiracy to distribute and possess with intent to distribute anabolic steroids and destruction, alteration, and falsification of records.

Case No. 23-cr-267 JSW – Obstruction of Justice

Timothy Manly Williams, 36, of Antioch, was charged with destruction, alteration, and falsification of records in federal investigations, obstruction of official proceedings, and deprivation of rights under color of law.  The first two charges were related to a phone call Manly Williams placed while working as a police officer monitoring a wiretap to the subject of the wiretap, and his efforts to destroy or falsify records related to that phone call in the wiretap equipment.  The third charge was related to Manly Williams’s knocking a cell phone out of the hand of a citizen who had attempted to record video of a police response at which Amiri deployed his dog to bite a suspect.  Manly Williams pleaded guilty to these crimes and agreed to cooperate with the government on November 28, 2023.  He was sentenced to 3 years of probation.

United States Attorney Craig H. Missakian and FBI Acting Special Agent in Charge Matt Cobo made the announcement.

These cases were prosecuted by the National Security & Special Prosecutions Section and the Oakland Branch of the United States Attorney’s Office for the Northern District of California.  These prosecutions were the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.

The following table summarizes the outcomes of these related cases, all of which were before Senior U.S. District Judge Jeffrey S. White:

Case Name and Number	Statute(s)	Defendant (Bold: multiple case numbers)	Status
Fraud 23-cr-00264	18 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud)	Patrick Berhan	Sentenced to 30 months custody, 2 years supervised release concurrent with 24-cr-157 on 9/5/24
		Morteza Amiri	Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-269 on 6/24/25
		Amanda Theodosy a/k/a Nash	Sentenced to 3 months custody, 3 years supervised release 11/15/24
		Samantha Peterson	Sentenced to time served, 3 years supervised release on 4/24/24
		Ernesto Mejia-Orozco	Sentenced to 3 months custody, 3 years supervised release on 9/19/24
		Brauli Jalapa Rodriguez	Sentenced to 3 months custody, 3 years supervised release on 10/25/24
Obstruction 23-cr-00267	18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)	Timothy Manly Williams	Cooperated with the government; sentenced to 3 years of probation on 1/13/2026
Steroid Distribution 23-cr-00268	21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Daniel Harris	Cooperated with the government; sentenced to time served concurrent with 24-cr-502 on 1/13/2026
	21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids); 18 U.S.C. § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)	Devon Wenger	Sentenced to 90 months custody, 3 years supervised release, concurrent with 23-cr-269 on 12/2/2025
Civil Rights 23-cr-00269	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)	Morteza Amiri	Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-264 on 6/24/25
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Eric Rombough	Cooperated with the government; sentenced to 50 months custody on 3/24/2026
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Devon Wenger	Sentenced to 90 months custody, 3 years supervised release, concurrent with 23-cr-268 on 12/2/2025
Steroid Distribution 24-cr-00157	21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Patrick Berhan	Sentenced to 30 months custody, 2 years supervised release concurrent with 23-cr-264 on 9/5/24
Bank fraud 24-cr-00502	18 U.S.C. § 1344(1), (2) (Bank fraud)	Daniel Harris	Cooperated with the government; sentenced to time served concurrent with 23-cr-268 on 1/13/2026

 Updated March 24, 2026

No prison time; both testified against former colleagues

By Allen D. Payton

The final cases of Antioch Police Officers that were the focus of the Contra Costa DA and FBI investigations were settled last month with two former officers given sentences of time served. As a result, Timothy Manly Williams and Daniel Harris will not face any time in prison. Both testified against their former colleagues.

According to a previously published report by the U.S. Attorney’s Office Northern District of California, Manly Williams pleaded guilty on Nov. 28, 2023, to destruction, alteration and falsification of records in federal investigations, obstruction of official proceedings and deprivation of rights under color of law. Manly Williams was sentenced to “six months’ custody, followed by three years of supervised release, and 100 hours of community service.

Harris pleaded guilty on Sept. 17, 2024 to conspiracy to distribute and possess with intent to distribute anabolic steroids, and possession with intent to distribute anabolic steroids as well as bank fraud. Harris was sentenced to “twelve months and a day of custody, followed by three years of supervised release, and 100 hours of community service.”

Both men’s sentencing hearings were held on Jan. 13, 2026, but no statement was issued by the U.S. Attorney’s Office Northern District of California, which prosecuted both cases.

Manly Williams’ Case Details

According to the Sentencing Memorandum for Manly Williams, “In May 2021, the Antioch Police Department (“APD”) discovered during a routine audit something surprising: their own police officer, Timothy Manly Williams, had called a subject of a wiretap he was monitoring. From all appearances, he had intentionally burned the wire and attempted to cover it up. A sprawling federal investigation would eventually result in various criminal charges against ten Antioch or Pittsburg Police Department (“PPD”) officers or employees, including Manly Williams.

“In August 2023, Manly Williams was indicted for his concealment of that call during the wiretap, which constituted criminal falsification of records and obstruction of justice, as well as for his unconstitutional destruction of a citizen’s cell phone following his then-roommate APD Officer Morteza Amiri’s release of a police canine to bite a suspect.

“By September 2023, Manly Williams had already met with the government a first time. By November 2023, he had promptly pleaded guilty to his crimes. In March 2025, he testified in the jury trial involving that same former roommate regarding another dog bite for which he was present, and Amiri’s concealment of facts surrounding that bite. He also admitted to additional criminal conduct not specifically referenced in the indictments.

“Manly Williams’ crimes were very serious, particularly given his role as a police officer sworn to uphold the law and protect his fellow citizens. However, his immediate acceptance of responsibility and cooperation with the government was also very significant, particularly given that same role, and the government accordingly moves for a downward variance pursuant to § 5K1.1 for his substantial assistance to authorities.

“Based on the nature and circumstances of the serious offenses, the defendant’s history and characteristics (including his role as a sworn police officer), the need for deterrence, and the need to avoid unwarranted sentence disparities given the sentences already imposed by this Court, as well as the government’s motion for the equivalent of a five-level downward departure pursuant to § 5K1.1, the government recommends that the Court impose a sentence of six months’ custody, followed by three years of supervised release, and 100 hours of community service. This proposed sentence is sufficient, but not greater than necessary, to achieve the goals set forth in 18 U.S.C. § 3553(a)(2).

“The government’s investigation also revealed other relevant criminal conduct, which Manly Williams admitted carrying out, including:

• While employed as a police officer with PPD and APD, Manly Williams illegally purchased anabolic steroids, Schedule III controlled substances, from PPD Officer Patrick Berhan and APD Officer Daniel Harris.

• While employed as a police officer with PPD and APD, Manly Williams misused confidential law enforcement databases by performing searches for the benefit of himself or friends without a proper law enforcement purpose. For instance, in approximately December 2020 he searched for the criminal history of his friend for no legitimate law enforcement purpose; and in approximately February 2021 he searched or caused law enforcement databases to be searched for warrants for no legitimate law enforcement purpose.

• While employed as APD police officers, Manly Williams and APD Officer Morteza Amiri illegally took marijuana and/or marijuana products seized from APD law enforcement activity, including in approximately December 2020 when Amiri stated to Manly Williams, “I got a basketball size bag of weed in my trunk.” Instead of filing reports with APD on the seizures of marijuana or submitting the marijuana into evidence, Amiri and Manly Williams personally consumed the marijuana in violation of APD policy and, in at least one instance in approximately November 2020, Manly Williams arranged for the sale of such marijuana and received proceeds from its sale.

• While employed as an APD police officer, Manly Williams illegally facilitated the removal or dismissal of traffic tickets for the benefit of himself, friends, or colleagues without a proper law enforcement purpose, including in approximately October 2020 via other APD officers in which the recipient of a ticket provided tequila bottles in exchange for those officers not appearing in court for a traffic ticket, and in approximately April 2021 at the behest of a PPD, who requested that a particular traffic ticket be disregarded.

• While employed as an APD police officer, Manly Williams wrongfully posted law enforcement-sensitive information to his Instagram account using the story feature to “close friends” who were outside the law enforcement community.”

The Memorandum also explained, Manly Williams had no previous arrests and did not have criminal convictions resulting in any Criminal History Points, placing him in Criminal History Category I and “the government agreed with the Sentencing Guidelines calculation of the United States Probation Office.

Read more details in Manly Williams’ Sentencing Memorandum.

Harris’ Case Details

According to his Sentencing Memorandum, “Defendant Daniel Harris, a police officer with the Antioch Police Department (“APD”), began purchasing illegal anabolic steroids for his own personal use around 2019. He then began selling and distributing these Schedule III controlled substances to numerous other law enforcement officers at APD and neighboring law enforcement agencies. Among others, Harris sold illegal anabolic steroids to fellow APD officer Devon Wenger, and also agreed with Wenger to distribute them to Wenger’s friend B.M. Harris’ prolific sale and distribution of illegal anabolic steroids continued through March 2022 as he was in the process of moving from California to Texas, only coming to a halt after the FBI executed search warrants that located and seized troves of illegal anabolic steroids from a postal package destined for Harris (including steroids for Wenger’s friend), from Harris’ California residence, and from Harris’ new residence in Weatherford, Texas.

“The government’s investigation also revealed that Harris’ criminal activity while employed as an APD officer was not limited to the purchase and distribution of illegal anabolic steroids: he further committed bank fraud by falsifying information in his application for a mortgage to purchase his Texas residence.

“Harris’ crimes were particularly serious given Harris’ role as a law enforcement officer sworn to uphold the law. However, following his indictment and arrest, Harris took responsibility for his actions and pleaded guilty to all of these crimes, agreed to meet with the government and cooperate, and ultimately testified before the jury as to his and Wenger’s conduct involving the distribution of illegal anabolic steroids.

“Based on the nature and circumstances of the serious offenses, the defendant’s history and characteristics (including his role as a sworn police officer), the need for deterrence, and the need to avoid unwarranted sentence disparities given the sentences already imposed by this Court, as well as the government’s motion for the equivalent of a three-level downward departure pursuant to § 5K1.1, the government recommends that the Court impose a sentence of twelve months and a day of custody, followed by three years of supervised release, and 100 hours of community service. This proposed sentence is sufficient, but not greater than necessary, to achieve the goals set forth in 18 U.S.C. § 3553(a)(2).”

In addition the Memorandum explains, “In February 2022, Harris knowingly supplied inaccurate information to a financial institution in connection with his application for a mortgage. During this time, Harris applied for, and subsequently received, a $494,000 loan from Mortgage Financial Services LLC with the intent to defraud the financial institution to purchase a residence…in Weatherford, Texas. Harris provided false information in and omitted material facts from his application.”

Read more details in Harris’ Sentencing Memorandum.

Kaiser says allegations related to Medicare risk adjustment resolved

“The settlement agreement reached with the Department of Justice contains no admission of wrongdoing and addresses historical Medicare Advantage documentation practices.”

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

SAN FRANCISCO — Affiliates of Kaiser Permanente, an integrated healthcare consortium headquartered in Oakland, California, have agreed to pay $556 million to resolve allegations that they violated the False Claims Act by submitting invalid diagnosis codes for their Medicare Advantage Plan enrollees in order to receive higher payments from the government.

The settling Kaiser Permanente affiliates are Kaiser Foundation Health Plan Inc.; Kaiser Foundation Health Plan of Colorado; The Permanente Medical Group Inc.; Southern California Permanente Medical Group; and Colorado Permanente Medical Group P.C. (collectively Kaiser).

Under the Medicare Advantage (MA) Program, also known as Medicare Part C, Medicare beneficiaries may opt out of traditional Medicare and enroll in private health plans offered by insurance companies known as Medicare Advantage Organizations, or MAOs. The Centers for Medicare & Medicaid Services (CMS) pays the MAOs a fixed monthly amount for each Medicare beneficiary enrolled in their plans. CMS adjusts these monthly payments to account for various “risk” factors that affect expected health expenditures for the beneficiary. In general, CMS pays MAOs more for sicker beneficiaries expected to incur higher healthcare costs and less for healthier beneficiaries expected to incur lower costs. To make these “risk adjustments,” CMS collects medical diagnosis codes from the MAOs. The diagnoses must be supported by the medical record of a face-to-face visit between a patient and a provider, and for outpatient visits, must have required or affected patient care, treatment, or management at the visit.

Kaiser owns and operates MAOs that offer MA plans to beneficiaries across the country. In a complaint filed in the Northern District of California in October 2021, the United States alleged that Kaiser engaged in a scheme in California and Colorado to improperly increase its risk adjustment payments. Specifically, the United States alleged that Kaiser systematically pressured its physicians to alter medical records after patient visits to add diagnoses that the physicians had not considered or addressed at those visits, in violation of CMS rules.

“More than half of our nation’s Medicare beneficiaries are enrolled in Medicare Advantage plans, and the government expects those who participate in the program to provide truthful and accurate information,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “Today’s resolution sends the clear message that the United States holds healthcare providers and plans accountable when they knowingly submit or cause to be submitted false information to CMS to obtain inflated Medicare payments.”

“Medicare Advantage is a vital program that must serve patients’ needs, not corporate profits,” said U.S. Attorney Craig H. Missakian for the Northern District of California. “Fraud on Medicare costs the public billions annually, so when a health plan knowingly submits false information to obtain higher payments, everyone — from beneficiaries to taxpayers — loses. We have an obligation to protect the American taxpayer from waste, fraud, and abuse and we will relentlessly pursue individuals and organizations that compromise the integrity of the Medicare program.”

“The federal government supports the health care of millions of beneficiaries by paying hundreds of billions of dollars every year to Medicare Advantage Plans,” said U.S. Attorney Peter McNeilly for the District of Colorado. “Medicare relies on the accuracy of the information submitted by those plans. This resolution sends a clear message that we will hold health care plans accountable if they seek to game the system and pad their profits by submitting false information.”

“Deliberately inflating diagnosis codes to boost profits is a serious violation of public trust and undermines the integrity of the Medicare Advantage program,” said Acting Deputy Inspector General for Investigations Scott J. Lampert at the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). “This outcome demonstrates HHS-OIG’s commitment to protecting Medicare through a unified approach — leveraging the expertise of our investigators, auditors, and counsel, alongside our law enforcement partners. We will continue to hold accountable any entity that seeks to compromise the integrity of the risk adjustment program.”

“Healthcare programs funded by the public are meant to support patients, not pad corporate bottom lines. False claims and the submission of fraudulent information weaken the Medicare system and place an unfair cost on American taxpayers who expect honesty and accountability,” said Special Agent in Charge Sanjay Virmani of the FBI San Francisco Field Office. “This settlement reflects the FBI’s continued commitment to holding accountable those who put profits over patients and abuse federal healthcare programs.”

The settlement announced today resolves allegations that, from 2009 to 2018, Kaiser engaged in a scheme to increase its Medicare reimbursements by pressuring physicians to add diagnoses after patient visits through “addenda” to patients’ medical records. The United States alleged that Kaiser developed various mechanisms to mine a patient’s past medical history to identify potential diagnoses that had not been submitted to CMS for risk adjustment. Kaiser then sent “queries” to its providers urging them to add these diagnoses to medical records via addenda, often months and sometimes over a year after visits. In many instances, the United States alleged, the diagnoses added by the providers had nothing to do with the patient visit in question, in violation of CMS requirements.

The United States further alleged that Kaiser set aggressive physician- and facility-specific goals for adding risk adjustment diagnoses. It alleged that Kaiser singled out underperforming physicians and facilities and emphasized that the failure to add diagnoses cost money for Kaiser, the facilities, and the physicians themselves. It also alleged that Kaiser linked physician and facility financial bonuses and incentives to meeting risk adjustment diagnosis goals.

The United States alleged that Kaiser knew that its addenda practices were widespread and unlawful. Kaiser ignored numerous red flags and internal warnings that it was violating CMS rules, including concerns raised by its own physicians that these were false claims and audits by its own compliance office identifying the issue of inappropriate addenda.

The civil settlement includes the resolution of certain claims brought in lawsuits under the qui tam or whistleblower provisions of the False Claims Act by Ronda Osinek and James M. Taylor, M.D., former employees of Kaiser. Under those provisions, private parties are permitted to sue on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Osinek v. Kaiser Permanente, et al., No. 3:13-cv-03891 (N.D. Cal.) and United States ex rel. Taylor v. Kaiser Permanente, et al., No. 3:21-cv-03894 (N.D. Cal.). The relator share of the recovery will be $95 million.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Offices for the Northern District of California and the District of Colorado, with assistance from HHS-OIG, HHS-Office of Audit Services, and the FBI.

The investigation and resolution of this matter illustrate the government’s emphasis on combating healthcare 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 www.oig.hhs.gov/fraud/report-fraud/ or 800-HHS-TIPS (800-447-8477).

The matter was handled by Fraud Section Attorneys Braden Civins, Edward Crooke, Gary Dyal, Michael R. Fishman, Martha Glover, Seth W. Greene, Rachel Karpoff, Laurie Oberembt, and Jonathan Thrope, Assistant U.S. Attorney Michelle Lo for the Northern District of California, with the assistance of Jonathan Birch and Alan Lopez, and Assistant U.S. Attorney Kevin Traskos for the District of Colorado.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Kaiser Responds: Allegations Related to Medicare Risk Adjustment Resolved

On the organization’s website, Kaiser responded to the settlement with, “The settlement agreement reached with the Department of Justice contains no admission of wrongdoing and addresses historical Medicare Advantage documentation practices.

“Kaiser Permanente has reached a settlement agreement with the U.S. Department of Justice to resolve a dispute regarding certain documentation practices impacting some Medicare Advantage risk adjustment submissions between 2009 and 2018. The agreement resolves a False Claims Act lawsuit and has no admission of wrongdoing or liability. We chose to settle to avoid the delay, uncertainty, and cost of prolonged litigation.

“Multiple major health plans have faced similar government scrutiny over Medicare Advantage risk adjustment standards and practices, reflecting industrywide challenges in applying these requirements. The Kaiser Permanente case was not about the quality of care our members received. It involved a dispute about how to interpret the Medicare risk adjustment program’s documentation requirements.

“We remain unwavering in our mission to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve.”

Asked if any of the affiliates operate in Northern California and were any of the hospitals in Contra Costa County included, Elissa Harrington, Senior Media Relations & Public Relations Representative for Kaiser Permanente Northern California, did not respond.

Further Information:

Case Nos. 3:13-cv-03891, 3:21-cv-03894

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.  Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

Allen D. Payton contributed to this report.

Devon Wenger claims he was framed, retaliated against as a whistleblower, suing police department; posts animated video on Instagram, shares two articles to offer his side of the story

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

OAKLAND – Former Antioch police officer Devon Christopher Wenger was sentenced today to seven-and-a-half years in federal prison for conspiring to injure, oppress, threaten, or intimidate residents of Antioch through the use of unreasonable force, conspiring to distribute anabolic steroids, and obstructing justice.  Senior U.S. District Judge Jeffrey S. White handed down the sentence. 

Wenger, 33, formerly of Oakley, California, was indicted in two separate cases.  In April 2025, following a three-day trial, a federal jury convicted Wenger on one count of conspiracy to distribute and possess with intent to distribute anabolic steroids and one count of obstruction of justice.  In September 2025, following a seven-day trial, a jury convicted Wenger of conspiracy against rights.  Wenger was remanded to the custody of the U.S. Marshals in September 2025 and has remained in federal custody since then.

“Devon Wenger and his co-conspirators believed the badges they wore gave them a license to break the law. They were wrong. Today, the court held Mr. Wenger accountable for his betrayal of the public trust placed in him,” said United States Attorney Craig H. Missakian.

“Devon Wenger’s sentencing marks another significant step in a multi-year effort to uncover and confront corruption within the Antioch and Pittsburg police departments.  His conviction, along with the earlier convictions in this case, underscores that no one is above the law.  The FBI and our partners are committed to holding those who violate the civil rights of others and betray the public’s trust accountable,” said Acting Special Agent in Charge Agustin Lopez.

According to court documents and the evidence presented at the September 2025 trial, Wenger and two other Antioch Police Department officers, Morteza Amiri and Eric Rombough, conspired with each other and others about using excessive force against individuals in and around Antioch.  The uses and intended uses of excessive force included deployment of a police K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence.  The evidence showed that Wenger and others deployed uses of force as punishment to subjects beyond any punishment appropriately imposed by the criminal justice system.  Wenger also withheld details about uses of excessive force from police reports and other official documents.

Wenger, Amiri, and or Rombough engaged in numerous communications in furtherance of the conspiracy, including an April 2019 communication in which Wenger sent a photo and booking information for a suspect to Amiri and Rombough and requested that they “[p]lease find this guy[] and f— him in the a–.”  Rombough responded “Deal,” and Amiri responded “ill bite em.” 

Later in 2019, Wenger broke the arm of a young female shoplifting suspect, then pushed her sister to the ground, handcuffed the sister, picked the sister up and grabbed her neck, and smashed the sister’s face into the side of the patrol car, as captured on video.  However, Wenger wrote in his police report that as he was escorting the sister to a patrol car, she attempted to pull away from him and that as a result of her actions she “subsequently fell onto the side of the patrol vehicle.” 

In August 2020, after Amiri deployed his K9 to apprehend a suspect in Pittsburg, California, with Wenger, he wrote to Wenger “if pitt didn’t have all those body cams and that was us… we would have f—ed him up more. he didn’t get what he deserved.”  Wenger responded, “I agree.  That’s why I don’t like body cams.”  The next night, Wenger wrote to Amiri, “We need to get into something tonight bro!!  Lets go 3 nights in a row dog bite!!!”  Amiri and Wenger exchanged additional messages and bloodied photographs after engaging with another suspect that night, and following Amiri’s deployment of his K9 to bite a suspect in a homeless encampment the subsequent evening.  At the end of the week, Amiri wrote to Wenger, “let’s f— some people up next work week,” to which Wenger agreed. 

According to court documents and evidence presented at the April 2025 trial, in February 2022, Wenger set up the sale of anabolic steroids, a Schedule III controlled substance, between Daniel Harris, who was at the time also an Antioch Police Department officer, and a third individual.  Law enforcement officials seized the package of anabolic steroids destined for Harris before they arrived, although Wenger continued to communicate with Harris about supplying the third individual with anabolic steroids, including offering to give this individual some of Wenger’s own while they waited for the delayed package.

On March 23, 2022, at 8:03 a.m., the FBI began calling and sending text messages to Wenger telling him that they were outside of his residence with a warrant.  It was not until 9:00 a.m. that Wenger appeared for the FBI to seize Wenger’s cellular phone. Later forensic examination of that device showed that specific entries related to the anabolic steroid distribution conspiracy had been deleted.

In addition to the prison term, Judge White also sentenced the defendant to a three-year period of supervised release.  A hearing to determine the amounts of restitution owed to victims is scheduled for January 27, 2026.

The case is being prosecuted by the National Security & Special Prosecutions Section and the Oakland Branch of the United States Attorney’s Office.  This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.

Wenger Claims He Was Framed, Retaliated Against as a Whistleblower

As previously reported by the Herald, following his conviction in April this year, the former Antioch officer shared, “I never have had anything to do with steroids. Never took them, never possessed them, and sure as heck never conspired to distribute them. I took PEPTIDES, gonadorelin to be specific. It’s legal and NOT a steroid. I took the peptides to recover from COVID, COVID almost killed me and had me in a hospital bed and left my body in shambles. I still feel the effects of it to this day and will never fully recover. The FBI even seized gonadorelin and numerous other peptides failed to disclose that.”

Further, he claimed earlier this year he’s a whistleblower being framed.

“I am innocent. I am a whistleblower facing a whistleblower retaliation prosecution to silence me. I am being framed on fabricated and tampered evidence. Yes, the FBI and the US Attorneys on this case have fabricated and tampered with evidence, in addition to misrepresenting evidence and even lying to the court, and the public. They have…gone so far as to manipulate and suppress the documents that prove this (including exculpatory evidence) in the metadata data of their own discovery documents in order to push their false narrative. The truth will surface. That’s all I can say.”

“In addition to this we have filed a civil lawsuit against APD which outlines everything they put me through which led to these bogus charges against me,” Wenger added.

(See related articles here and here)

Two-Part Report Series Supports Wenger’s Claims

In addition, a two-part series, by The Current Report, provides additional details from Wenger’s perspective which claims he “exposed misconduct inside his department in 2021.” The articles include several court and legal documents to support the former officer’s claims. See Part 1 entitled, “The Digital Frame-Up: How the FBI and Contra Costa DA Turned a Police Whistleblower into a Federal Target” and Part 2 entitled, “The Retaliation of Officer Devon Wenger: Inside Antioch PD’s Cross-Agency Cover-Up – The ‘Good Ole Boy Club’ Part 2.”

Posts Instagram Videos, Tags Federal Officials

Wenger posted videos on Instagram, including an animated video using an account entitled, “Thepolicewhistleblower” on August 7, 2025, explaining his claims against the Antioch PD, Contra Costa DA’s Office and the FBI. The account description reads, “I am a police whistleblower facing a retaliatory prosecution for upholding my oath and standing up against both federal and local LEO corruption in CA.”

In the post Wenger wrote, “This is the unfortunate reality of what happens to police officers who break the ‘blue wall of silence’ and blow the whistle on corruption. I upheld my oath and did what was right, and now I am being retaliated against, silenced, and framed by the same system I once defended with my life. I WILL NOT STOP until the TRUTH is exposed. Rest assured, the truth always comes to light, and I will NEVER compromise my integrity nor my oath, not even in the face of impossible odds. I WILL NEVER QUIT.”

Three weeks later he tagged several federal officials including President Trump, Vice President J.D. Vance, U.S. Attorney General Pam Bondi, FBI Director Kash Patel, Deputy Director Dan Bongino and U.S. Senator Chuck Grassley, the President Pro Tem of the Senate, and posted the following:

“So, are you guys going to look into this or are you going to allow your low level FBI agents work with local police to fabricate evidence against a police whistleblower? I don’t know how many times I have reached out to each of you with no answer nor even an acknowledgment. This is a horrific constitutional violation and as severe deprivation of rights against a police whistleblower. I upheld my oath and stood up to corruption, it has cost me everything and now I’m deprived of my whistleblower protections rights and my very constitutional rights this country was founded on. Get it together and stop covering for criminals hiding behind badges in your organization.”

On a different Instagram account, which can no longer be located, Wenger posted a video of himself and linked to the two articles by The Current Report.

Charges Part of Broader Investigation of Antioch, Pittsburg Police

The charges against Wenger were brought as part of an investigation into the Antioch and Pittsburg police departments that resulted in multiple federal charges against 10 current and former officers and employees of these two police departments for various crimes ranging from the use of excessive force to fraud.  The status of these cases, all of which are before Senior U.S. District Judge Jeffrey S. White, is below:

Case Name and Number	Statute(s)	Defendant (Bold: multiple case numbers)	Status
Fraud 23-cr-00264	18 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud)	Patrick Berhan	Sentenced to 30 months custody, 2 years supervised release concurrent with 24-cr-157 on 9/5/24
		Morteza Amiri	Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-269 on 6/24/25
		Amanda Theodosy a/k/a Nash	Sentenced to 3 months custody, 3 years supervised release 11/15/24
		Samantha Peterson	Sentenced to time served, 3 years supervised release 4/24/24
		Ernesto Mejia-Orozco	Sentenced to 3 months custody, 3 years supervised release on 9/19/24
		Brauli Jalapa Rodriguez	Sentenced to 3 months custody, 3 years supervised release on 10/25/24
Obstruction 23-cr-00267	18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)	Timothy Manly Williams	Pleaded guilty 11/28/23, sentencing set for 1/13/2026
Steroid Distribution 23-cr-00268	21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Daniel Harris	Pleaded guilty 9/17/24, sentencing set for 1/13/2026
	21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids); 18 U.S.C. § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)	Devon Wenger	Sentenced to 90 months custody, 3 years supervised release on 12/2/2025
Civil Rights 23-cr-00269	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)	Morteza Amiri	Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-264 on 6/24/25
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Eric Rombough	Pleaded guilty 1/14/25, sentencing set for 1/13/2026
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Devon Wenger	Sentenced to 90 months custody, 3 years supervised release on 12/2/2025
Steroid Distribution 24-cr-00157	21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Patrick Berhan	Sentenced to 30 months custody, 2 years supervised release concurrent with 23-cr-264 on 9/5/24
Bank fraud 24-cr-00502	18 U.S.C. § 1344(1), (2) (Bank fraud)	Daniel Harris	Pleaded guilty 9/17/24, sentencing set for 1/13/2026

Further Information: Case Nos. 23-cr-0268 JSW; 23-cr-0269 JSW

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl. Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

Allen D. Payton contributed to this report.

Devon Wenger could face 10 years in prison

Previously convicted on steroid, obstruction charges, claims innocence, is a whistleblower being framed, suing APD

One of 10 Antioch, Pittsburg cops investigated by DA, FBI

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

OAKLAND – A federal jury, on Thursday, September 18, 2025, convicted former Antioch police officer Devon Wenger of one count of conspiracy against rights.  The jury’s verdict follows a seven-day trial before Senior U.S. District Judge Jeffrey S. White.

Wenger, 33, was previously employed as a police officer with the Antioch Police Department.  According to court documents and evidence presented at trial, Wenger conspired with other Antioch Police Department officers to use unreasonable force to injure, oppress, threaten, or intimidate residents of Antioch, California.

“Public trust must be at the forefront of the duty to protect.  By using unnecessary and unreasonable force under the guise of law enforcement, Wenger betrayed the community he was entrusted to protect.  Officers who hold themselves above the law and dishonor their oath of office will be held to account.  The people of Antioch deserve no less,” said United States Attorney Craig H. Missakian.

“Today’s conviction makes clear that when an officer violates the civil rights of those he was sworn to protect, it will not be overlooked or excused. This marks the second time a jury has held Devon Wenger accountable, and it reflects the FBI’s commitment to pursuing justice in every instance where authority is abused. We will continue working with our partners to ensure that those who betray the public’s trust face consequences,” said FBI Acting Special Agent in Charge Agustin Lopez.

According to the evidence at trial, Wenger and two other Antioch Police Department officers, Morteza Amiri and Eric Rombough, communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch.  The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence.  The evidence showed that Wenger and others deployed uses of force as punishment to subjects beyond any punishment appropriately imposed by the criminal justice system.  Wenger also withheld details about uses of excessive force from police reports and other official documents.

The jury convicted Wenger of one count of conspiracy against rights in violation of 18 U.S.C. § 241.  The court dismissed a second count that charged Wenger with deprivation of rights under color of law in violation of 18 U.S.C. § 242.

Previously, Wenger claimed one incident of excessive use of force in which a 40mm less lethal round was deployed was under direct order of his superior officer.

Previously Convicted on Steroid, Obstruction Charges, Claims Innocence, is a Whistleblower Being Framed, Suing APD

As  previously reported, Wenger was convicted in May of conspiracy to distribute steroids and obstruction of justice following a jury trial in April 2025. However, following that conviction the former Antioch officer said, “Despite what the government is falsely boasting nationwide about me I never have had anything to do with steroids. Never took them, never possessed them, and sure as heck never conspired to distribute them. I took PEPTIDES, gonadorelin to be specific. It’s legal and NOT a steroid. I took the peptides to recover from COVID, COVID almost killed me and had me in a hospital bed and left my body in shambles. I still feel the effects of it to this day and will never fully recover. The FBI even seized gonadorelin and numerous other peptides failed to disclose that.”

He also provided further explanation of the steroid charges.

Regarding the obstruction of justice charge, Wenger said, “Additionally, the government falsely claimed I deleted contacts and Venmo contacts from my phone, yet that is not true. These contacts and Venmo contacts remain in my phone to this day. They never left. Now, my phone was backed up to iCloud the night before the phone seizure and the government could have searched my iCloud and seen that I never deleted anything from my phone, yet they did not even though they seized everybody else’s iCloud. This is because they are pushing a false narrative.”

Further, he claimed earlier this year he’s a whistleblower being framed.

“I am innocent. I am a whistleblower facing a whistleblower retaliation prosecution to silence me. I am being framed on fabricated and tampered evidence. Yes, the FBI and the US Attorneys on this case have fabricated and tampered with evidence, in addition to misrepresenting evidence and even lying to the court, and the public. They have been gone so far as to manipulate and suppress the documents that prove this (including exculpatory evidence) in the metadata data of their own discovery documents in order to push their false narrative. The truth will surface. That’s all I can say.”

“In addition to this we have filed a civil lawsuit against APD which outlines everything they put me through which led to these bogus charges against me,” Wenger added.

He shared copies of both his Motion of Acquittal and for a New Trial, and lawsuit against the Antioch Police Department and former Antioch Police Lieutenant Powell Meads, who was Wenger’s superior officer. The complaint claims retaliation, discrimination, hostile workplace harassment, failure to prevent harassment, discrimination or retaliation, and requests damages and a trial.

In addition, in a November 2024 interview, Wenger and his then-attorney Nicole Castronovo  argued evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleged prosecutors improperly withheld key exculpatory information from the defense.

They further claimed, in testimony given on October 25, 2024, Larry J. Wallace, Senior Inspector with the Contra Costa County District Attorney’s Office, admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

Remanded to Custody Awaiting Dec. 2 Sentencing

The Court ordered Wenger remanded to custody pending sentencing, which is scheduled for Dec. 2, 2025.  He faces a maximum sentence of 10 years in prison.  Any sentence will be imposed by the Court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by the National Security & Special Prosecutions Section and the Oakland Branch of the United States Attorney’s Office.  This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.

One of 10 Antioch, Pittsburg Cops Prosecuted, Convicted Part of DA, FBI Investigations

These civil rights charges against Wenger were brought as part of an investigation into the Antioch and Pittsburg police departments that resulted in multiple charges against 10 current and former officers and employees of these two police departments for various crimes ranging from the use of excessive force to fraud.  The status of these cases, all of which are before Senior U.S. District Judge Jeffrey S. White, is below:

Case Name and Number	Statute(s)	Defendant(Bold: multiple case numbers)	Status
Fraud23-cr-00264	18 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud)	Patrick Berhan	Sentenced to 30 months custody, 2 years supervised release concurrent with 24-cr-157 on 9/5/24
		Morteza Amiri	Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-269 on 6/24/25
		Amanda Theodosy a/k/a Nash	Sentenced to 3 months custody, 3 years supervised release 11/15/24
		Samantha Peterson	Sentenced to time served, 3 years supervised release 4/24/24
		Ernesto Mejia-Orozco	Sentenced to 3 months custody, 3 years supervised release on 9/19/24
		Brauli Jalapa Rodriguez	Sentenced to 3 months custody, 3 years supervised release on 10/25/24
Obstruction23-cr-00267	18 U.S.C. §§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations); 1512(c)(2) (Obstruction of Official Proceedings); 242 (Deprivation of Rights Under Color of Law)	Timothy Manly Williams	Pleaded guilty 11/28/23, status conference 10/7/25
Steroid Distribution23-cr-00268	21 U.S.C. §§ 846 (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids), 841(a)(1), and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Daniel Harris	Pleaded guilty 9/17/24, status conference 10/7/25
	21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) (Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids);18 U.S.C.§ 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)	Devon Wenger	Convicted at trial 4/30/25, sentencing pending
Civil Rights23-cr-00269	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law); § 1519 (Destruction, Alteration, and Falsification of Records in Federal Investigations)	Morteza Amiri	Sentenced to 84 months custody, 3 years supervised release concurrent with 23-cr-264 on 6/24/25
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Eric Rombough	Pleaded guilty 1/14/25, status conference 10/7/25
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Devon Wenger	Convicted at trial 9/18/25, sentencing 12/2/25
Steroid Distribution24-cr-00157	21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Patrick Berhan	Sentenced to 30 months custody, 2 years supervised release concurrent with 23-cr-264 on 9/5/24
Bank fraud24-cr-00502	18 U.S.C. § 1344(1), (2) (Bank fraud)	Daniel Harris	Pleaded guilty 9/17/24, status conference 10/7/25

^{Updated September 18, 2025}

Allen D. Payton contributed to this report.