Convicted April 30, Devon Wenger claims innocence, calls them “bogus charges against me,” awaits sentencing, suing APD for retaliation, discrimination, hostile workplace harassment

Also faces trial in July for deprivation of rights under color of law

All part of FBI investigation of multiple Antioch, Pittsburg police officers

OAKLAND – A federal jury on April 30, 2025, convicted former Antioch police officer Devon Wenger of one count of conspiracy to distribute and possess with the intent to distribute anabolic steroids and one count of obstruction of justice. The jury’s verdict follows a three-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 Daniel Harris, who was at the time also a police officer with the Antioch Police Department, to distribute anabolic steroids to a third individual, and then deleted evidence of this conspiracy from his cellular phone.

“Instead of upholding the law, as he swore an oath to do, Devon Wenger conspired with a fellow officer to sell illegal anabolic steroids.  When the FBI arrived at his home to investigate him, he then doubled down by destroying evidence of his crime. Crimes like these by a police officer have a corrosive effect on the public’s trust in law enforcement.  Thanks to today’s jury conviction, Mr. Wenger will now face sentencing for his violations of law,” said Acting United States Attorney Patrick D. Robbins.

“When Devon Wenger broke the law and then tried to cover his tracks, he didn’t just commit a crime — he betrayed the trust of the community he was sworn to serve. After learning the FBI was outside his home with a search warrant, he chose to delete evidence rather than come clean. That kind of misconduct corrodes public confidence in law enforcement,” said FBI Special Agent in Charge Sanjay Virmani. “Today’s guilty verdict makes clear that the FBI will hold accountable anyone who abuses the authority and responsibility of public service.”

According to the evidence presented at trial, in February 2022, Wenger set up the sale of anabolic steroids, a Schedule III controlled substance, between Harris and a third individual. Harris was also charged in this case and pleaded guilty to his role in the conspiracy on Sept. 17, 2024. 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 Federal Bureau of Investigation (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: specifically, all text messages between Wenger and Harris, all text messages between Wenger and the third individual he was trying to supply with steroids, the contacts for both Harris and the third individual, and recent call log entries for Wenger’s most recent phone calls with the third individual.

The jury convicted Wenger of all counts charged in this case: one count of conspiracy to distribute and possess with the intent to distribute anabolic steroids in violation of 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) and one count of destruction, alteration, or falsification of records in federal investigations (obstruction of justice) in violation of 18 U.S.C. § 1519.

Wenger is scheduled to appear on May 6, 2025, for a hearing on whether to remand him to custody pending sentencing. He faces a maximum sentence of 10 years in prison on the conspiracy to distribute anabolic steroids count and 20 years in prison on the obstruction of justice count. 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.

Faces Trial for Separate Charges of Deprivation of Rights Under Color of Law

Separately, Wenger appeared before Senior U.S. District Judge Jeffrey S. White on May 6, 2025, for a status conference in United States v. Wenger, 23-cr-00269, which charges Wenger with one count of conspiracy against rights in violation of 18 U.S.C. § 241 and one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242. The United States v. Wenger, 23-cr-00269 case is set for trial on July 21, 2025.

Wenger Claims Innocence, Suing APD

When asked for a response, Wenger wrote, “Unfortunately I cannot give a full statement. This is all I can say, 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. 

“If you have any further questions, please contact my mom. She has all of the proof and evidence to validate my claims. 

“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.”

He shared copies of both his Motion of Acquittal and for a New Trial, and lawsuit filed filed Feb. 28, 2025, 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.

UPDATE: Wenger Offers Additional Comments, Claims He’s “Being Framed”

After reading the above information from the DOJ’s press release, Wenger offered additional comments. He replied that the article, “got a lot of it wrong in regards to the ‘crimes’ but that’s to be expected as the government is saying things that are flat out not true.

Christ is my lamp guiding me through this valley of shadows. The truth will surface and you will see it.”

“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.

“The case was built on a package that belonged to Daniel Harris which was intercepted and tampered with by the FBI as outlined in the motion I sent you. This package contained peptides and the FBI added steroids when they tampered with it confirmed by the weight difference when the package was originally shipped up to just prior to the seizure by the FBI and when the FBI listed different box measurements and a different weight in their report when they searched the package days after they intercepted it. Again, this is covered in the motion I sent you.

“Daniel and the ‘third party’ Brendon Mahoney were contacting each other directly, I had no knowledge what they were talking about. I assumed Brendon was purchasing the same peptide I purchased from Dan. However, I was never involved with any agreement nor any exchange of money or anything at all. I offered to pick up mahoney’s peptides since we all lived in different states and Mahoney and I would see each other at national guard drill, that’s it. The government is misrepresenting vague text messages to try and falsely claim I had steroids when I never did. I was not aware of Dan’s nor Mahoney’s conduct nor conversations. The government was aware of all of this, as I told them what I took was legal and they still misrepresented this to the court, the jury, and the people.

“My phone was illegally seized by the FBI and DAI Wallace / DAI Holcomb. It was never a ‘joint’ investigation, it was federal the whole time confirmed by internal FBI communications that they tried to hide from my lawyers and I. DAI Wallace and Holcomb were assigned to the federal agency acting as de facto federal agents, t put it simply they were acting as federal agents not, state ones. Wallace also fabricated the ‘anonymous letters’ the Pittsburg Police Department received and fabricated evidence to back legally seizing my phone.

“Additionally, FBI N-DEx (National Data Exchange) agents seized and searched my phone without any federal warrant and manipulated my phone settings and deleted many things off of my phone including signal messages since they were set to auto delete prior to my phone being forensically imaged. The federal prosecutors intentionally misrepresented this to the jury, claiming it was me and thus, they charged and convicted me with destruction of evidence. Additionally, they served the warrant at the wrong house. I had to drive to them to surrender my phone. I was complaint the whole time and even gave them an interview where I told them what I took was legal.

“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.

“I encourage you to read the motion I sent you, for those who also want to read it, it’s on PACER. I forgive the prosecution, the FBI, APD, the DA’s office, and everybody involved in this. I wish them nothing but prosperity and long blessed lives with their families. I have no hate, only love. However, the truth will surface. God has a way of doing that. I encourage all involved to repent and seek Christ. Glory be to Christ as the only way to Salvation be through him. I am innocent, I am in fact being framed, and I am a whistleblower facing horrific whistleblower retaliation, but it is Christ who will carry me through this difficult time and reveal the truth.

“This isn’t even everything. The FBI and federal prosecutors manipulated the evidence in discovery as confirmation via the metadata of the discovery documents. They also are hiding exculpatory evidence under layers and layers of code so that my legal team and I are unable to access it. When they do provide evidence, it’s often under a protective order or heavily redacted so that I am unable to view it. What is happening here should shock and concern every single American. This should not be allowed, and the White House needs to be aware of what is occurring here.”

Charges Are Part of Larger FBI Investigation of Antioch, Pittsburg Police Officers

The 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
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	Convicted at trial 8/8/24, remanded to custody pending sentencing, which is set for 6/3/25
		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, status conference 8/19/25
Anabolic 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, status conference 8/19/25
	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 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	Convicted at trial 3/14/25 on counts 2 and 5, remanded to custody pending sentencing, which is set for 6/3/25
	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 8/19/25
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Devon Wenger	Trial 7/21/25
Anabolic 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, status conference 8/19/25

Allen D. Payton contributed to this report.

Co-founder and son, a company VP, of DeNova Homes, developed Aviano project in Sand Creek area, Wildflower

Corporate attorney says company “not implicated”

Target, referred to as “he” and “him”, could be either former Mayor Hernández-Thorpe or Councilman Barbanica

“We are confident the facts will show that Dave is innocent, and that he was unfairly targeted,” – attorney Winston Chan

By Allen D. Payton

On Tuesday, April 22, 2025, the U.S. Attorney’s Office for the Northern District of California issued the following announcement about an indictment for alleged bribery of an Antioch Councilmember by the father and son, former and current, leaders of Concord-based DeNova Homes. The company developed the Aviano new home project in Antioch’s Sand Creek Area and The Pointe at Wildflower Station project overlooking the condominiums near the Hillcrest Avenue/Davison Drive and Deer Valley Road intersection. In addition, the Sansons’ Yellow Roof Foundation is coordinating with DeNova homes to pursue a smaller housing project on the north side of the city.

A two-count indictment was unsealed today charging property developers David Sanson and Trent Sanson with conspiracy and bribery in connection with offering to pay an Antioch City Councilmember $10,000 and later giving the Councilmember a company travel mug with $5,000 in cash, in exchange for favorable treatment for one of their development projects.  The Councilmember reported the alleged bribe to the Federal Bureau of Investigation (FBI).  Both defendants made their initial appearances in federal court this morning.

According to the indictment filed April 3, 2025, David Sanson, 60, of Philipsburg, Mont., is the owner and Chief Executive Officer of a home building and development company based in Concord, Calif., and his son, Trent Sanson, 33, of Walnut Creek, Calif., is the Vice President.  The development company has a number of projects in Antioch and neighboring areas, including the Aviano project, a multi-phase 533-unit residential development project.  

As alleged, the Antioch Engineering and Development Services Division indicated that the development company had not completed all of its required public infrastructure improvements and that Phase 3 of the Aviano project should not be deemed complete or approved by the City Council until those improvements were completed.  As a result, the City of Antioch had not approved the release of bonds secured for the project.  To get the Antioch Engineering and Development Services Division to affirm completion and release the bonds associated with the project, Trent Sanson allegedly contacted an Antioch City Councilmember via iMessage on May 29, 2024, stating that he wanted to discuss with the Councilmember issues that the development company was facing with the Antioch “Engineering department” on a number of projects, including Phase 3 of the Aviano project.

“The indictment describes a video-recorded meeting between the Councilmember and Trent Sanson on June 12, 2024, during which Trent Sanson allegedly stated that he wanted the Councilmember to place on the City Council agenda, and vote in favor of, “acceptance for Phase 3 at Aviano to release the completion and guarantee bonds . . . .”  Trent Sanson allegedly stated that David Sanson was willing to pay the Councilmember $10,000 in exchange for the requested actions.  A second video-recorded meeting took place on June 20, 2024, at which David Sanson allegedly paid the Councilmember $5,000 in cash concealed in a travel coffee mug branded with the logo of the Sansons’ development company.

“This indictment alleges that the defendants tried to bribe an Antioch City Councilmember to take favorable action on their real estate project and to evade having to make the public infrastructure improvements that the City required,” said Acting United States Attorney Patrick D. Robbins.  “This case is another example of my Office’s commitment to working closely with our partners at the FBI to root out bribery and attempts to corrupt public office.”

“Attempting to bribe a public official is a blatant attack on the integrity of our government and the trust of the communities we serve,” said FBI Special Agent in Charge Sanjay Virmani.  “The allegations in this case reflect a clear attempt to manipulate the system for personal gain. The FBI will continue to aggressively investigate and hold accountable anyone who seeks to corrupt public institutions through bribery or abuse of power.”

The defendants are next scheduled to appear in district court on June 12, 2025, for a status conference before U.S. District Judge Yvonne Gonzalez Rogers.

The indictment charges each defendant with one count of conspiracy to commit bribery in violation of 18 U.S.C. § 371 and one count of bribery concerning programs receiving federal funds in violation of 18 U.S.C. § 666(a)(2).  The bribery count also includes an allegation that defendants aided and abetted one another in bribing the Antioch City Councilmember.  

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, defendants each face a maximum sentence of five years in prison for the count under 18 U.S.C. § 371 and 10 years in prison for the count under 18 U.S.C. §§ 666(a)(2).  Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorneys Thomas R. Green and Benjamin K. Kleinman are prosecuting the case with the assistance of Amala James and Laurie Worthen.  The prosecution is the result of an investigation by the FBI.

Two Former Councilmembers Respond

The two current and two former council members and former Mayor Lamar Hernández-Thorpe, who were serving during the time the alleged incidents occurred, were asked if they were aware of the indictment and if they were the unnamed councilmember. Former District 3 Councilwoman Lori Ogorchock said simply, “It wasn’t me,” and former District 2 Councilman Mike Barbanica responded, “I won’t comment on an active federal investigation. I took the same stance when I was on the council.”

No responses were received from Hernández-Thorpe nor District 1 and 4 Councilwomen Tamisha Torres-Walker and Monica Wilson.

DeNova Homes’ Chief Legal Officer Responds

Efforts to reach the Sansons were unsuccessful. But DeNova Homes, Inc.’s Chief Legal Officer, Dana Tsubota, responded with the following statement:

“DeNova Homes is aware of the legal matter involving our founder, Dave Sanson, and his son, Trent. While Mr. Sanson has been an important figure in the company’s history, he semi-retired in 2020 when he moved to Montana and he is no longer involved in the leadership or daily operations.

“Importantly, DeNova Homes is not implicated in the government’s investigation. DeNova remains financially sound and fully focused on delivering for our customers, partners, and communities without disruption.

“Under the leadership of President Ryan Parlett and our experienced executive team, DeNova continues its mission of building high-quality homes and supporting the communities we serve.”

According to the company’s website, Dave is a Co-Founder and CEO Emeritus, and according to theorg.com website, Trent is the company’s Vice President for Land Acquisition & Entitlements.

Indictment Claims Request Made “to place” Item “on the…Council agenda, and vote in favor”

The indictment claims, “TRENT SANSON and DAVID SANSON bribed the Councilmember during video recorded meetings, including a meeting at which TRENT SANSON offered the $10,000 bribe to the Councilmember and a subsequent meeting at which DAVID SANSON gave the Councilmember a travel coffee mug branded with the Development Company’s logo and name containing $5,000 in cash.”

The indictment includes quotes from the unnamed councilmember but uses the term “him” in reference in Section 17. Sections 15 through 17 lay out the allegations which read as follows:

June 12, 2024: T. SANSON Bribes the Councilmember

15. On or about June 12, 2024, T. SANSON met with the Councilmember and stated that he wanted the Councilmember to place on the Antioch City Council agenda, and vote in favor of, the following item: “A tract acceptance for Phase 3 at Aviano to release the completion and guarantee bonds ….” T. SANSON asked the Councilmember for the Councilmember’s assistance and vote in the hopes that the Antioch City Council would approve release of the bond and effectively override the Antioch Engineering and Development Services Division’s position that further work was required by the Development Company to complete its obligations on Phase 3 of Aviano.

16. In exchange for the Councilmember’s actions, T. SANSON told the Councilmember that he spoke with his father, D. SANSON, in advance of the meeting, and D. SANSON was “willing” to pay the Councilmember $10,000. T. SANSON stated, “[YJou’re not going to see anything directly, but Dave will be doing something for you[.]” T. SANSON then added, “I don’t know if it’s an IE or through a PAC because we … can give to a PAC and then the PAC isn’t limited, you know what I mean?” Shortly thereafter, T. SANSON reiterated, “I’m pretty sure we’ll go through one of the PACs.” T. SANSON ultimately told the Councilmember that he’d check with D. SANSON to determine if they could pay $5,000 to the Councilmember’s IE account and $5,000 in cash. T. SANSON stated that the split “sounds fair.” The Councilmember informed the FBI of the bribe offer by T. SANSON.

Mentions “the primary” and “the general” Elections; Refers to Councilmember as “He” and “Him”

Upon reading the indictment, the terms “he” and “him” are used to describe the unnamed councilmember.

June 20. 2024: D. SANSON Pays the Bribe Initiated bv T. SANSON

17. On or about June 20, 2024, D. SANSON met with the Councilmember. During the meeting, D. SANSON told the Councilmember, “Anyways, Trent called me and told me that he met with you last week, and 1 told him OK let me take care of it. 1 don’t want you involved.” D. SANSON thanked the Councilmember for meeting with him, stating, “1 know it was last minute, but this had to be done in person.” D. SANSON informed the Councilmember that he’d been in touch with the political consultant running the Councilmember’s IE, stating, “[That’s all still on track for round two. We did it during the primary, and now for the general – we’re back committed to supporting you and all that. So, 1 just want you to know that’s happening – that it’s not just a false commitment or anything like that; and then Trent told me you needed a little extra shot.” D. SANSON then handed the Councilmember a travel coffee mug branded with the Development Company insignia, which contained $5,000 in cash. The Councilmember informed D. SANSON that he had a detailed conversation with T. SANSON, and that he understood what D. SANSON and T. SANSON were asking him to do. D. SANSON replied, “Yeah – Phase 3,” and reiterated, “the project has been finished.” The Councilmember informed the FBI of D. SANSON’s bribe and gave the money to the FBI.

See indictment documents.

Dave Sanson’s Attorney Responds

In response to a request for comment, Dave Sanson’s attorney Winston Chan of the San Francisco office for the Gibson Dunn & Crutcher law firm denied the accusations against the developer.

“My client Dave Sanson is a respected business leader and philanthropist with a 30-year track record of building homes and supporting communities across Northern California.

We are reviewing the government’s allegations closely and caution against any rush to judgment based on mere allegations that present a one-sided story. We are confident the facts will show that Dave is innocent, and that he was unfairly targeted without cause to be dragged out of near retirement from out-of-state, to be trapped into a web of deceit manufactured to ‘take down’ Dave and his family by a controversial local politico, whose own suspect personal motivations we look forward to exposing.

It’s incredibly disappointing that Dave’s reputation—built on a decades-long career of creating opportunities for residents of cities like Antioch, that have struggled for years to keep up with housing needs and other challenges—is being dragged through the mud.

Dave and our team look forward to addressing this matter in court.”

Unnamed Councilmember Could Be Either Hernández-Thorpe or Barbanica

While only the mayor has the authority to place items on a city council meeting agenda, Barbanica was the only candidate of the five incumbent council members, last year, who ran during both the primary and general elections for the County Board of Supervisors. So, the “him” could refer to either one.

Recall Campaign Contribution from Sanson Company to Hernández-Thorpe in 2022

During the effort to recall Hernández-Thorpe in 2022, the then-mayor’s campaign committee received a $10,000 contribution from another of the Sansons’ companies, Civic Park Properties, Inc. State law has since changed and the maximum contribution a developer who has business before a local agency can contribute to one of its elected members is $250.

No Contributions to Either Hernández-Thorpe, Barbanica or IE Committee Supporting Either in 2024

But a search of Form 460 campaign finance reports showed no contributions could be found of any amount over $100 from either of the Sansons, DeNova Homes or their companies that were made last year to either Hernández-Thorpe’s re-election committee, Barbanica’s campaign committee or the independent expenditure (IE) committee supporting Barbanica’s election entitled, “Citizens for a Safer Contra Costa County Supporting Mike Barbanica for Supervisor 2024, Sponsored by Contra Costa County Deputy Sheriff’s Association, ID #1347607.” In addition, no IE committee supporting Hernández-Thorpe’s re-election could be found in a search on the City Clerk’s or California Secretary of State’s campaign reporting websites.

Political Consultant Who Handled IE Supporting Barbanica’s Home Raided by FBI

Last month, according to news reports, Mary Jo Rossi, a longtime political consultant in Contra Costa County, whose company, Rossi Communications, was paid by the IE committee of the Deputy Sheriff’s Association supporting Barbanica, had her home raided by the FBI.

Laura Stephens of Stephen Company, the treasurer for the committee confirmed Rossi was its paid consultant.  But whether the raid was related to the investigation into the alleged bribery is unclear.

Sansons Have History of Serving the Community

Dave Sanson, and his wife Lori, have a history of giving back to the communities in which DeNova has done business, and founded the Yellow Roof Foundation to provide low-income housing to facilitate their efforts. The organization helped open a new home development with four rentals in Oakley in December and is pursuing another, 143-unit housing project, which will include six affordable rental units, located between E. 18th Street and Wilbur Avenue on the north side of Antioch.

The Sansons are most likely best known to the public for their 2004 work on the ABC-TV “Extreme Makeover: Home Edition” project in which they led a team of 1,200 volunteers “to tear down and rebuild a two-story home in Martinez. It was done for a 17-year-old “teen, who suffers from a rare degenerative disorder, had been forced to move out of her home because her fragile immune system would not tolerate its mold issues.”

According to Builder Magazine, the pair received the 2017 Hearthstone BUILDER Humanitarian Award.

Dave and Trent serve on the foundation’s board of directors.

Morteza Amiri faces up to 20 years in prison

By U.S. Attorney Northern District of California

OAKLAND – A federal jury today convicted former Antioch police officer Morteza Amiri of one count of deprivation of rights under color of law and one count of falsification of records. The jury’s verdict followed an eight-day trial before Senior U.S. District Judge Jeffrey S. White.

Amiri, 33, was previously employed as a police officer with the Antioch Police Department. According to court documents and evidence presented at trial, Amiri, a K-9 handler, deployed his K-9 to bite suspects even when it was not necessary. Amiri kept a running bite count that he celebrated with other officers. Amiri also took photographs of the dog bites and shared them with other officers, stating in one text message that “gory pics are for personal stuff” and “cleaned up pics for the case.”

“Morteza Amiri violated the oath he swore to protect the people of Antioch. He flouted his duty as a police officer, misused his police dog, and inflicted unnecessary and excessive force against the victim. This appalling conduct erodes public trust in law enforcement. And it weakens law enforcement’s ability to carry out its primary mission of public safety. As today’s jury verdict makes clear, officers who put themselves above the law will be held accountable,” said Acting U.S. Attorney Patrick D. Robbins.

“Today’s guilty verdict against Morteza Amiri sends a clear message: no one is above the law, especially those sworn to uphold it. Amiri’s actions betrayed the trust of the community and undermined the integrity of law enforcement,” said FBI Special Agent in Charge Sanjay Virmani. “The FBI remains committed to holding accountable any officer who violates their oath and deprives citizens of their constitutional rights. The people of Antioch, and communities everywhere, deserve better.”

According to the evidence at trial, on July 24, 2019, Amiri pulled over and stopped a bicyclist identified as A.A., who, according to Amiri, did not have his bicycle light on. Amiri approached A.A., punched and took the victim to the ground, and then called for his K-9 to bite the victim. As a result, A.A. sustained injuries. At the time, Amiri was accompanied by a police officer with a neighboring agency as a ride-along, and that officer assisted with the deployment of the K-9. Afterwards, Amiri shared pictures of the victim’s wounds with other Antioch police officers. One officer responded, “Yeah buddy good boy,” referring to the K-9, and “Lol you bit [A.A.].” In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.”

Amiri later wrote to the officer who accompanied him on the ride-along, “you got to see [the K-9] in action lol,” and stated that detectives got the victim “a 45-day violation and we are gonna leave it at that so i don’t go to court for the bite. Easy,” referring to the victim going into custody for a parole/probation violation. Amiri then falsified a police report of the incident, stating that one of the reasons he deployed his K-9 was because he was alone, when instead the ride-along police officer was with him at the time and had helped Amiri deploy the K-9.

The jury convicted Amiri of one count of deprivation of rights under color of law in violation of 18 U.S.C. § 242 and one count of falsification of records in a federal investigation in violation of 18 U.S.C. § 1519. The jury acquitted Amiri of one count of conspiracy against rights in violation of 18 U.S.C. § 241 and two counts of deprivation of rights under color of law, in violation of 18 U.S.C. § 242.

Amiri was previously convicted of conspiracy to commit wire fraud and wire fraud following a jury trial in August 2024.

Amiri is scheduled to appear on March 18, 2025, for a hearing on whether to remand him to custody pending sentencing, and on June 3, 2025, for sentencing. He faces a maximum sentence of 10 years in prison on the count of deprivation of rights under color of law and 20 years in prison on the count of falsification of records. 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 Contra Costa County District Attorney’s Office.

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These civil rights charges against Amiri 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:

Timothy “Boo” Jeffrey attempted to sell an assault rifle; became fugitive, later captured by U.S. Marshals and Contra Costa Sheriff’s Deputies; faces 15 years in prison

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

SAN FRANCISCO – On Wednesday, March 12, 2025, a federal jury found Timothy Demetrius Jeffrey, aka “Boo,” 44, of Antioch, Calif. (born 4/24/80), guilty of two counts of being a felon in possession of a firearm and ammunition, following a trial before Senior U.S. District Judge William Alsup.

According to court documents and evidence presented at trial, on April 25, 2023, a Pittsburg Police Department officer attempted to stop the vehicle that Jeffrey was driving. Jeffrey drove into a shopping plaza parking lot, parked, exited the car, and fled on foot away from the officer. Jeffrey threw a Glock 9mm semi-automatic pistol with an extended magazine and 19 rounds of ammunition over a fence behind the shopping plaza before he was arrested.

Jeffrey became a fugitive soon after his arrest, and his whereabouts were unknown until an investigation by the Contra Costa County Sheriff’s Office and the United States Marshals Service led law enforcement to suspect Jeffrey’s presence at a relative’s home in Antioch. On March 27, 2024, the United States Marshals Service surveilled the address and spotted Jeffrey entering the home. U.S. Marshals arrested Jeffrey, after which the Contra Costa County Sheriff’s Office executed a search warrant at the residence.

According to Abigail Meyer of the United States Marshals Service Office of Public Affairs, “The Pacific Southwest Regional Fugitive Task Force (PSWRFTF) arrested Timothy Jeffrey, 43, on both his federal Supervised Release Violation warrant and Pittsburg PD Failure to Appear (FTA) warrant, the original charges for both were distribution of dangerous drugs. In addition, his FTA included charges for felon in possession of a firearm, possession of large capacity magazine, and resisting arrest. (See Fugitive task force arrests Antioch man for violating federal supervised release, failure to appear on gun, drug charges)

Sheriff’s deputies located and seized an Aero Precision AR-style rifle with a magazine and 25 rounds of ammunition from under a couch in the living room. They also seized a cell phone that had been used by Jeffrey. The phone contained multiple text messages in which Jeffrey attempted to sell the AR rifle and sent a photo of it.

At the time of his April 2023 and March 2024 arrests, Jeffrey was on federal supervised release following past felony convictions for being a felon-in-possession of a firearm, escape from custody, and conspiracy and possession with intent to distribute a controlled substance.

“The defendant, a convicted felon, not only possessed a semi-automatic pistol and assault rifle but also attempted to sell the rifle on the black market. His actions endangered the community, and law enforcement’s work on this case helped prevent this deadly weapon from falling into the wrong hands,” said Acting United States Attorney Patrick D. Robbins. “We will continue to work with our local, state, and federal partners to combat the presence of illegal firearms in our communities.”

“ATF works closely with our partners to track the illegal movement of firearms,” said Special Agent in Charge Jennifer Cicolani, San Francisco Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “The defendant is a convicted felon who attempted to illegally sell firearms. ATF will continue to work side by side with our law enforcement and prosecutorial partners to ensure that our communities are safe. We will continue to focus on reducing gun violence by disrupting illegal firearms trafficking and ensuring that firearms stay out of the hands of prohibited persons.”

Jeffrey was convicted of two counts of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). His sentencing is scheduled for May 28, 2025. The defendant faces a maximum statutory sentence of 15 years in prison and a $250,000 fine for each count. Any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Assistant U.S. Attorney Aseem Padukone and Special Assistant United States Attorney Jillian Harvey are prosecuting this case, with the assistance of Claudia Hyslop, Nina Burney, and Yenni Weinberg. The prosecution is the result of an investigation by the ATF, the United States Marshals Service, the Pittsburg Police Department, and the Contra Costa County Sheriff’s Office.

In addition to the two aforementioned arrests, according to localcrimenews.com, the five-feet, eleven-inch tall, 200-pound Jeffrey is Black and was previously arrested on Feb. 29, 2016, by the Alameda County Sheriff’s Department for federal (21 U.S. Code Section 846) attempt and conspiracy charges and again on Nov. 16, 2020, by Alameda County Sheriff’s Department for unspecified charges. He was also arrested in Jan. 2010 by the Contra Costa Sheriff’s Department for vehicle theft.

Allen D. Payton contributed to this report.

Not intended to comply with nor required by USDOJ settlement agreement

By Allen D. Payton

Antioch City Manager Bessie Scott clarified the reason the consulting firm of former Interim Antioch Police Chief Brian Addington and former Interim Captain Patrick Wenz, WBA Consulting and Investigations, was hired by the City on a 3-0 vote of the city council on Tuesday, Jan. 14, 2025. The City staff report for item #10 on the council meeting agenda for that night’s meeting was misinterpreted as it included information about the City’s settlement agreement with the U.S Department of Justice and this reporter and others believed the contract was to fulfill one of the requirements.

The City staff report read, “The City seeks the services of a qualified consultant team that can provide support, guidance, and advice in several areas, which will supplement and enhance the Antioch Police Department’s efficiency and effectiveness. The City requires assistance with overall project management for Police Department operations and administration, policy support, and special project implementation for not only day to day operations, but also with compliance efforts identified in the Department of Justice (‘DOJ’) settlement agreement with the Antioch Police Department and City of Antioch dated January 2, 2025. (See related article)

“The City needs its own expert who is familiar with law enforcement in California and keenly knowledgeable of police practices in the region, specifically the Antioch Police Department. The City needs a consultant that can step into the position with little to no time for learning the issues that have plagued the department, the current interventions in place to improve effectiveness, public trust, and morale, and ensure constitutional policing in Antioch, as well as have the ability to provide guidance immediately.

“The services provided by WBA Consulting (‘WBA’) will be provided by two former Antioch Police Department personnel who have been working within the department as Interim Chief and Interim Captain for the majority of the 2024 year. The team will continue to provide executive police management support and consultation to the Acting Chief and City Manager as it relates to mandatory compliance with relevant federal and state laws, regulations, and rules. The City is embarking on a five-year stipulated settlement agreement with the DOJ and has an ongoing investigation with the California Department of Justice (‘CalDOJ’).

“The support needed for these specific challenges and requirements can only be met by former Interim Chief Addington and his team as they have been deeply involved in several of these investigations and initiatives, and there is absolutely no bandwidth for those communications to continue seamlessly without the WBA team. “Because of the existing support and knowledge that can only be provided by WBA, the City Manager requests for the City Council to approve the contract under sole source provisions of the Antioch Municipal Code section 3-4.12 (B).”

In addition, information in the settlement agreement added to the misunderstanding. As was previously reported, the agreement requires several items and processes including, “within 90 days of the Effective Date, the City, the APD, and the United States will identify and mutually agree on a Consultant who is a law enforcement expert with a proven track record in civil rights and law enforcement compliance, as well as state of California law enforcement experience and knowledge of California compliance requirements. The Consultant shall serve as the single point of contact with the United States and be retained by the APD at the City’s expense.” The “annual cost of the consulting engagement shall not exceed $250,000 per year.” It was believed that WBA was the aforementioned consultant.

This reporter misinterpreted the description and information and reported the contract with WBA was to fulfill the settlement agreement with the U.S. DOJ. (See related articles here and here) My apologies.

To clarify matters, Scott wrote the following on Tuesday, January 21, 2025: “The City of Antioch is issuing this statement in response to recent incorrect impressions surrounding who will be the monitoring consultant for the city. It appears that several members of the community mistakenly believe that the WBA Consulting and Investigations LLC consulting agreement, discussed at the January 14th, 2025, City of Antioch Council Meeting, is intended to fulfill the monitoring services referenced within the terms of the Memorandum of Agreement of the City of Antioch’s Settlement Agreement with the United States Department of Justice signed earlier this month.

“We want to clarify that Brian Addington’s consulting firm, WBA Consulting and Investigations LLC, is not performing the services referenced by Section 3 of the Memorandum of Agreement between the City of Antioch and the United States Department of Justice. The consultant for the Memorandum of Agreement has not yet been selected.

The City will prepare a Request for Qualifications for this matter and work with the United States Department of Justice to identify a consultant who is a law enforcement expert with a proven track record in civil rights and law enforcement compliance, as well as state of California law enforcement experience and knowledge of California compliance requirements.

“The consultant will review and update the Antioch Police Department’s policies, procedures and training including non-discriminatory policing, use of force, hiring and promotions, investigations of misconduct, discipline, community policing, language access, and other topics. The consultant will also provide an in-person report to the Antioch City Council at regularly scheduled City Council meetings at least once every 180 days.”

Section 3 of DOJ Settlement Agreement

The first part of Section 3 of the settlement agreement with the USDOJ reads as follows:

“III. REQUIREMENTS
A. Consultant: Within 90 days of the Effective Date, the City, the APD, and the United States will identify and mutually agree on a Consultant who is a law enforcement expert with a proven track record in civil rights and law enforcement compliance, as well as state of California law enforcement experience and knowledge of California compliance requirements. The Consultant shall serve as the single point of contact with the United States and be retained by the APD at the City’s expense. The total annual cost of the consulting engagement shall not exceed $250,000 per year. The Consultant will be responsible for the following functions, among others set forth in this Agreement:

1. providing technical assistance and recommendations to the Chief of Police and APD, the City Manager, the City Attorney, and APOC on implementation of this Agreement;
2. developing an implementation schedule;
3. reviewing and reporting on the APD’s progress in meeting the terms of this Agreement to the United States;
4. coordinating compliance and implementation activities;
5. facilitating access by the United States to APD personnel, data, documents and materials;
6. maintaining data, documents, and records, as provided for in this Agreement;
7. assigning implementation and compliance-related tasks to APD personnel, as directed by the Police Chief and/or his/her designee;
8. providing an in-person report to the Antioch City Council at regularly scheduled City Council meetings at least once every 180 days; and
9. assisting with all other aspects of compliance with this Agreement.”

Read additional details from the 25-page settlement agreement.

Agreement with WBA Not Required by DOJ Settlement Agreement

As previously reported, the amount of the agreement with Addington’s firm is not to exceed $225,000 through June 30, 2025, with a one-time extension for an additional six months for the same terms.

When asked to further clarify if the contract with his firm is one of the requirements in the US DOJ settlement agreement Addington said, “No.” Asked if his agreement is outside of the purview of the settlement agreement he responed, “Yes.”

“What you’ll see, eventually, is an RFQ for firms wanting to be the monitoring consultant. My firm will not be doing that at all,” Addington stated.

“The MOA spells out what the requirements are for the monitor,” he added.

Scott said, “There’s currently not enough staffing in the police department. We will have new, full-time employees fulfilling the settlement agreement.”

“We’re grateful that Brian Addington is able to help the City in working with the monitor and setting up the new Standards and Compliance Bureau which is required by the terms of the DOJ settlement agreement,” the city manager added.

About WBA

According to his bio on the company’s website, “William ‘Brian’ Addington founded WBA Consulting and Investigations LLC after serving over 30 years in law enforcement. He has served in a range of executive and command positions, including 10 years as police chief. His expertise covers the full range of policing disciplines based on his experiences in a law enforcement agency in California.

“Brian provides expert advice on best practices in policing, leadership development, organizational assessments, training, independent investigations, and community engagement and media relations.

“Brian has also served as an advisor and consultant to various law enforcement agencies and executives in developing strategies and best practices to address the ever-changing demands placed on law enforcement professionals.”

About Patrick Wentz

In addition to his service with the Antioch PD, Wentz is a former Pittsburg Police Captain with 26 years of service before retiring in November 2023. According to a post on the Pittsburg PD Facebook page, Wentz “has held various crucial roles, demonstrating his commitment to excellence. From his early days as a Patrol Officer, Field Training Officer, and tactical team member to his role as a Lead Homicide Detective in the Investigations Division, Captain Wentz has consistently displayed professionalism and a relentless pursuit of justice.

His ascent through the ranks, from Sergeant to Lieutenant and ultimately to Captain in 2017, reflects not only his dedication to personal growth, but also his commitment to training and mentoring the next generation of law enforcement professionals. Captain Wentz’s influence extends across every unit within our department, and his leadership and mentoring abilities have been instrumental in shaping the future of our force.

Beyond his notable career achievements, Captain Wentz is a proud graduate of the POST Sherman Block Supervisory Leadership Institute (SLI) and POST Command College. His educational pursuits, coupled with his Bachelor of Arts degree in Criminal Justice Management, exemplify his commitment to continuous learning and professional development.”

He completed his time with the Antioch Police Department on Wednesday, December 18, 2024. (See related article)

Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 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 and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistleblower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBIstarting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace 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).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported, Mike Rains, attorney for the Antioch Police Officers Association whose firm has been representing more than a dozen officers caught up in the investigations said, “I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order.”

“Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard,” he continued. “We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” Rains added.

DA’s Office Will Not Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

Morteza Amiri is last of six Antioch, Pittsburg officers convicted of conspiring to defraud their departments by obtaining payments and raises for university degrees they paid a third party to complete

Information provided on cases for four other former Antioch officers

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

OAKLAND – On Friday, August 9, 2024, a federal jury convicted police officer Morteza Amiri of wire fraud and conspiracy to commit wire fraud in a scheme to obtain pay raises from the City of Antioch Police Department for a university degree he paid someone else to obtain in his name, announced United States Attorney Ismail J. Ramsey and FBI San Francisco Special Agent in Charge Robert K. Tripp.  The felony verdicts follow a four-day trial before United States Senior District Judge Jeffrey S. White.  Amiri is the sixth officer to be convicted in the conspiracy to commit wire fraud, along with former Pittsburg Officers Patrick Berhan, Amanda Theodosy a/k/a Nash and Ernesto Mejia-Orozco, former Antioch Community Service Officer Samantha Peterson and former Pittsburg Police and Oakland Housing Authority Officer Brauli Rodriguez Jalapa. (See related article)

“We expect integrity and honesty from every police officer, every day, in the police departments across this country,” said U.S. Attorney Ismail Ramsey. “Amiri failed to uphold these basic responsibilities, and a federal jury has convicted him of defrauding his employer, the Antioch Police Department.  He, along with the other officers he conspired with, now face the consequences of violating the rule of law that they swore to uphold.”

“Amiri engaged in a calculated conspiracy to defraud his police department of taxpayer funds. His actions were a violation of the law and a grave betrayal of public trust,” said FBI Special Agent in Charge Robert Tripp. “Amiri and his co-conspirators’ deception has no place in law enforcement. With this conviction, he now faces the consequences of his actions.”

Amiri, 33, was employed as a Police Officer with the Antioch Police Department.  At trial, the evidence presented showed that the City of Antioch and City of Pittsburg’s Police Departments offered reimbursements toward higher education tuition and expenses, along with pay raises and other financial incentives upon completion of a degree.  However, instead of completing higher education coursework on their own, Amiri and his co-conspirators hired someone to complete entire courses on their behalf at an online university to secure a bachelor’s degree in Criminal Justice.  Amiri and his co-conspirators then represented they had taken those courses and earned the degrees from the university when requesting reimbursements and financial incentives from their police department employers, the City of Antioch and the City of Pittsburg.  They were in turn paid additional financial incentives, calculated as percentages of their salaries, while they remained employed by their police departments.

In a span of two years, the conspiracy included numerous other officers and former officers, including Berhan (Pittsburg PD), Amiri (Antioch PD), Theodosy a/k/a Nash (Pittsburg PD), Peterson (Antioch PD), Mejia-Orozco (Pittsburg PD), and Rodriguez Jalapa (formerly Pittsburg PD).

The evidence at trial showed that Amiri texted the person who took his classes for him, writing among other things: “can i hire you [ ] to do my … classes? ill pay you per class”; “don’t tell a soul about me hiring you for this. we can’t afford it getting leaked and me losing my job”; “if i submit my request for the degree on time by the end [ ] of the month i can coordinate my raise in a timely manner”; and “I’m gonna rush order my degree to get my pay raise jump started.”

On the basis of courses taken by this person, Amiri “earned” a bachelor’s degree in Criminal Justice.  Amiri applied for and thereafter received financial incentives from the City of Antioch for having completed university courses and earning a bachelor’s degree.

The jury convicted Amiri of one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and one count of wire fraud, in violation of 18 U.S.C. § 1343.

U.S. Senior District Judge Jeffrey S. White scheduled Amiri’s sentencing for November 12, 2024.  Each of the two counts of conviction carries a maximum sentence of 20 years in prison.  The Court may also order a fine, restitution, and supervision upon release from prison as part of any sentence.  However, 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.

A federal grand jury in San Francisco returned multiple indictments on August 16, 2023, that collectively charged ten current and former officers and employees from the Antioch and Pittsburg police departments with federal crimes.  Amiri is the last officer to be convicted in the conspiracy to commit wire fraud case.

Amiri is scheduled for trial in another related case in February 2025.

Here is the status of the cases: (Rombough, Wenger, Manly Williams and Harris are former Antioch Police Officers).

Case Number	Statute(s)	Defendant (Bold: multiple case numbers)	Status
23-cr-00264	18 U.S.C. §§ 1349 (Conspiracy to Commit Wire Fraud; 1343 (Wire Fraud)	Patrick Berhan	Pleaded guilty 3/26/24, sentencing set for 9/3/24
		Morteza Amiri	Convicted at trial 8/8/24, sentencing set for 11/12/24
		Amanda Theodosy a/k/a Nash	Pleaded guilty 7/30/24, sentencing set for 11/5/24
		Samantha Peterson	Pleaded guilty 1/9/24, sentenced 4/23/24
		Ernesto Mejia-Orozco	Pleaded guilty 6/11/24, sentencing set for 9/17/24
		Brauli Rodriguez Jalapa	Pleaded guilty 6/25/24, sentencing set for 10/22/24
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	Pending
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	Status set for 8/13/24
	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
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	Trial set for 2/18/25
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Eric Rombough
	18 U.S.C. §§ 241 (Conspiracy Against Rights), 242 (Deprivation of Rights Under Color of Law)	Devon Wenger
24-cr-00157	21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) (Possession with Intent to Distribute Anabolic Steroids)	Patrick Berhan	Pleaded guilty 3/26/24, sentencing set for 9/3/24

This prosecution is the result of an investigation by the FBI and the Office of the Contra Costa County District Attorney.

Charged with access device fraud in multi-district operation

California has reported loss of over $22 million due to EBT theft in first quarter of 2024, robbing low-income families of funds to buy food

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

OAKLAND – Three individuals were charged with the use of unauthorized access devices were filed this week, announced United States Attorney Ismail J. Ramsey and United States Secret Service (“USSS”) – San Francisco Field Office, Special Agent in Charge Shawn Bradstreet.

The three defendants—Petrica Mosneagu, 44; Ionut Sopirla, 38; and Virgil Tudorascu, 42, all of Romania—were charged with stealing Electronic Benefit Transfer (“EBT”) account information and making fraudulent cash withdrawals at ATMs using that stolen EBT information in violation of 18 U.S.C. § 1029(a)(2). The defendants were arrested in a multi-district, USSS-led operation, which resulted in several arrests this week, including in the Southern District of California.

According to the public criminal complaints, law enforcement agencies have been investigating EBT theft across California for the past fourteen months. The complaints allege that the California Department of Social Services has identified that approximately $22.8 million has been stolen from victim EBT card beneficiaries from January to March 2024 in California, including in the Northern District of California. Most of these stolen funds have been obtained by unauthorized ATM withdrawals. Furthermore, the complaints allege that victims of the scheme are largely low-income families who depend on EBT benefits to buy food and other household necessities.

The complaints allege that the defendants fraudulently withdrew cash with “cloned” cards, which are debit cards, gift cards, or other devices with magnetic strips that have been encoded with information from legitimate EBT cards. The account holders’ account information was primarily “skimmed” at ATMs or point-of-sale terminals. Skimming devices recorded victim account holder account information on the magnetic strips and log their PINs through keypad overlays. Once skimmed, the victim account holders’ account information was then loaded onto blank or repurposed debit cards, which the defendants then used to withdraw cash or make purchases.

If convicted, each defendant face a maximum statutory sentence of ten years in prison on each charge. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Defendants Mosneagu and Sopirla made their initial appearances Tuesday morning in Oakland and will appear for their detention hearings on April 10, 2024, before the Honorable Kandis A. Westmore. Defendant Tudorascu made his initial appearance Thursday morning and will also appear for his detention hearing on April 10, 2024.

Criminal complaints only allege that crimes have been committed, and each defendant must be presumed innocent until proven guilty beyond a reasonable doubt.

Assistant U.S. Attorney Alexis James and Special Assistant U.S. Attorney Zachary Glimcher are prosecuting these cases, with the help of Katie Turner and Kay Konopaske. These prosecutions are the result of an investigation by the USSS, California Department of Social Services, U.S. Department of Agriculture – Office of Inspector General, Homeland Security Investigations (HSI), San Francisco Human Services Agency – Special Investigations Unit, Pleasant Hill PD, Richmond PD, Oakland PD, Berkeley PD, Alameda County Sheriff’s Office, Romanian National Police, and U.S. Secret Service Bucharest.

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