2006-04-19

Sheriff Penrod committed perjury

April 19, 2006
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814

Office: (866) 275-3772

Re: Economic Interest Statements

To Whom It May Concern:

This letter is to inform you that San Bernardino County Sheriff Gary Penrod failed to report on his economic interest statements his and his wife’s ownership interest in numerous properties, two businesses as well as the beneficial interest in a note and deed of trust. (see Exhibit “A”, copy of Form 700 Economic Interest Statements filed by Sheriff Gary Penrod) The list of properties, businesses and note that were not reported by Sheriff Gary Penrod are as follows by year that they should have been reported on the economic interest statement:

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/99 THRU 12/31/99 SIGNED MARCH 29, 2000
BUSINESS: Penrod Construction – general Contractor License # 359427 issued on 07/03/78 with an expiration date on 06/30/06 as verified on the California Contractors State License Board website. No record of fictitious business name statement filed. No record at the Secretary of State’s office of a corporation, limited partnership or LLC.

Owner Parcel # Property Address Purch Date Sold Date
Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary Penrod 0321-271-30 no address

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/00 THRU 12/31/00 SIGNED MARCH 19, 2001

On or about April 1, 2000, Gary Penrod married Nancy Bohl. Nancy Bohl is the owner of The Counseling Team International which is a business that provides counseling services to over 200 city, county, state agencies and private businesses. The Counseling Team International has a contract to provide services to numerous agencies of the County of San Bernardino such as: Department of Public Social Services, San Bernardino County Superior Court, District Attorney’s Office, Fire Department, Probation Department and Sheriff’s Department. (see attached Exhibit “B”, printout of The Counseling Team International’s clients)

The Counseling Team International has filed a fictitious business statement with the San Bernardino County Recorder’s Office indicating ownership by Nancy K. Bohl, Inc. Secretary of State shows Nancy K. Bohl, Inc. as an active corporation.

BUSINESS: Penrod Construction and The Counseling Team International

Owner Parcel # Property Address
Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary Penrod 0321-271-30 no address

Nancy Penrod 0315-253-19 State Lane, Lake Erwin, CA

Nancy Bohl 0349-152-19 18431 Arrowhead Blvd San Bernardino, CA

Nancy Bohl 0396-391-07 15415 Anacapa Road Victorville, CA

Nancy Bohl 0141-461-65 1881 Business Center Drive 12A San Bernardino, CA 92408

Nancy Bohl 0141-461-66 1881 Business Center Drive 12B San Bernardino, CA 92408

Gary & Janet Penrod 0315-201-15 750 Lakewood Drive

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/01 THRU 12/31/01 SIGNED FEBRUARY 28, 2001 (ERROR ON YEAR)

BUSINESS: Penrod Construction and The Counseling Team International

Owner Parcel # Property Address
Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary Penrod 0321-271-30 no address

Nancy Penrod 0315-253-19 State Lane, Lake Erwin, CA

Nancy Bohl 0349-152-19 18431 Arrowhead Blvd San Bernardino, CA

Nancy Bohl 0396-391-07 15415 Anacapa Road Victorville, CA

Nancy Bohl 0141-461-65 1881 Business Center Drive 12A San Bernardino, CA 92408

Nancy Bohl 0141-461-66 1881 Business Center Drive 12B San Bernardino, CA 92408

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/02 THRU 12/31/02 SIGNED MARCH 26, 2003

BUSINESS: Penrod Construction and The Counseling Team International

Owner Parcel # Property Address

Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary & Nancy Penrod 1242-511-13 no address
Gary Penrod 0321-271-30 no address

Nancy Penrod 0315-253-19 State Lane, Lake Erwin, CA

Nancy Bohl 0349-152-19 18431 Arrowhead Blvd San Bernardino, CA

Nancy Bohl 0396-391-07 15415 Anacapa Road Victorville, CA

Nancy Bohl 0141-461-65 1881 Business Center Drive 12A San Bernardino, CA 92408

Nancy Bohl 0141-461-66 1881 Business Center Drive 12B San Bernardino, CA 92408

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/03 THRU 12/31/03 SIGNED MARCH 8, 2004

BUSINESS: Penrod Construction and The Counseling Team International

NOTE AND DEED OF TRUST: Dated May 8, 2003, Grandview Ranch Properties, Trustors, Nancy Bohl, Beneficiary, Loan Amount $34,000.00

Owner Parcel # Property Address Purch Date Sold Date

Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary & Nancy Penrod 1242-511-13 no address
Gary Penrod 0321-271-30 no address

Nancy Bohl 0396-391-07 15415 Anacapa Road Victorville, CA

Nancy Bohl 0141-461-65 1881 Business Center Drive 12A San Bernardino, CA 92408

Nancy Bohl 0141-461-66 1881 Business Center Drive 12B San Bernardino, CA 92408

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/04 THRU 12/31/04 SIGNED MARCH 30, 2005

BUSINESS: Penrod Construction and The Counseling Team International

NOTE AND DEED OF TRUST: Dated May 8, 2003, Grandview Ranch Properties, Trustors, Nancy Bohl, Beneficiary, Loan Amount $34,000.00

Owner Parcel # Property Address

Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary Penrod 1242-511-13 no address

Gary Penrod 0321-271-30 no address

Nancy Bohl 0396-391-07 15415 Anacapa Road Victorville, CA
Nancy Bohl 0141-461-65 1881 Business Center Drive 12A San Bernardino, CA 92408

Nancy Bohl 0141-461-66 1881 Business Center Drive 12B San Bernardino, CA 92408

ECONOMIC INTEREST STATEMENT PERIOD COVERED 01/01/05 THRU 12/31/05 SIGNED FEBRUARY 23, 2006

BUSINESS: Penrod Construction and The Counseling Team International

NOTE AND DEED OF TRUST: Dated May 8, 2003, Grandview Ranch Properties, trustors, Nancy Bohl, beneficiary, loan amount $34,000.00

Owner Parcel # Property Address

Gary & Nancy Penrod 0321-271-20 36551 Avenue E, Yucaipa, CA

Gary & Nancy Penrod 1242-511-13 no address
Gary Penrod 0321-271-30 no address

Nancy Bohl 0396-391-07 15415 Anacapa Road Victorville, CA

Nancy Bohl 0141-461-65 1881 Business Center Drive 12A San Bernardino, CA 92408

Nancy Bohl 0141-461-66 1881 Business Center Drive 12B San Bernardino, CA 92408

Sheriff Gary Penrod signed the Form 700’s Economic Interest Statement under the penalty of perjury as required under Government Code § 81004.

81004. (a) All reports and statements filed under this title shall be signed under penalty of perjury and verified by the filer. The verification shall state that the filer has used all reasonable diligence in its preparation, and that to the best of his knowledge it is true and complete.

(b) A report or statement filed by a committee which qualifies under subdivision (a) of Section 82013 shall be signed and verified by the treasurer, and a report or statement filed by any other person shall be signed and verified by the filer. If the filer is an entity other than an individual, the report or statement shall be signed and verified by a responsible officer of the entity or by an attorney or a certified public accountant acting as agent for the entity. Every person who signs and verifies any report or statement required to be filed under this title which contains material matter which he knows to be false is guilty of perjury.

The lack of truthful disclosure on his Form 700’s Economic Interest Statement by Sheriff Gary Penrod defeats the purposes of Government Code § 81002.

The assets and income belonging to The Counseling Team International may be materially affected by the position that Sheriff Gary Penrod holds in the County of San Bernardino. The Counseling Team International has been awarded several contracts from the County of San Bernardino. The fact that Sheriff Gary Penrod failed to disclose his wife’s ownership of The Counseling Team International is a glaring potential conflict of interest.

81002. The people enact this title to accomplish the following purposes:

(a) Receipts and expenditures in election campaigns should be fully and truthfully disclosed in order that the voters may be fully informed and improper practices may be inhibited.

(b) The activities of lobbyists should be regulated and their finances disclosed in order that improper influences will not be directed at public officials.

(c) Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided.

(d) The state ballot pamphlet should be converted into a useful document so that voters will not be entirely dependent on paid advertising for information regarding state measures.

(e) Laws and practices unfairly favoring incumbents should be abolished in order that elections may be conducted more fairly.

(f) Adequate enforcement mechanisms should be provided to public officials and private citizens in order that this title will be vigorously enforced.

Please accept this letter as our formal complaint and request for an investigation into these very serious breaches of the law.

Sincerely,

Gail C. Fry
CIVIC USA
2010 W. Avenue K #616, Lancaster, CA 93536

2006-04-07

Whistle-Blower Outs NSA Spy Room

AT&T provided National Security Agency eavesdroppers with full access to its customers' phone calls, and shunted its customers' internet traffic to data-mining equipment installed in a secret room in its San Francisco switching center, according to a former AT&T worker cooperating in the Electronic Frontier Foundation's lawsuit against the company.

Mark Klein, a retired AT&T communications technician, submitted an affidavit in support of the EFF's lawsuit this week. That class action lawsuit, filed in federal court in San Francisco last January, alleges that AT&T violated federal and state laws by surreptitiously allowing the government to monitor phone and internet communications of AT&T customers without warrants.

On Wednesday, the EFF asked the court to issue an injunction prohibiting AT&T from continuing the alleged wiretapping, and filed a number of documents under seal, including three AT&T documents that purportedly explain how the wiretapping system works.

According to a statement released by Klein's attorney, an NSA agent showed up at the San Francisco switching center in 2002 to interview a management-level technician for a special job. In January 2003, Klein observed a new room being built adjacent to the room housing AT&T's #4ESS switching equipment, which is responsible for routing long distance and international calls.

"I learned that the person whom the NSA interviewed for the secret job was the person working to install equipment in this room," Klein wrote. "The regular technician work force was not allowed in the room."

Klein's job eventually included connecting internet circuits to a splitting cabinet that led to the secret room. During the course of that work, he learned from a co-worker that similar cabinets were being installed in other cities, including Seattle, San Jose, Los Angeles and San Diego.

"While doing my job, I learned that fiber optic cables from the secret room were tapping into the Worldnet (AT&T's internet service) circuits by splitting off a portion of the light signal," Klein wrote.

The split circuits included traffic from peering links connecting to other internet backbone providers, meaning that AT&T was also diverting traffic routed from its network to or from other domestic and international providers, according to Klein's statement.

The secret room also included data-mining equipment called a Narus STA 6400, "known to be used particularly by government intelligence agencies because of its ability to sift through large amounts of data looking for preprogrammed targets," according to Klein's statement.

Narus, whose website touts AT&T as a client, sells software to help internet service providers and telecoms monitor and manage their networks, look for intrusions, and wiretap phone calls as mandated by federal law.

Klein said he came forward because he does not believe that the Bush administration is being truthful about the extent of its extrajudicial monitoring of Americans' communications.

"Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA's spying program is really limited to foreign communications or is otherwise consistent with the NSA's charter or with FISA," Klein's wrote. "And unlike the controversy over targeted wiretaps of individuals' phone calls, this potential spying appears to be applied wholesale to all sorts of internet communications of countless citizens."

After asking for a preview copy of the documents last week, the government did not object to the EFF filing the paper under seal, although the EFF asked the court Wednesday to make the documents public.

One of the documents is titled "Study Group 3, LGX/Splitter Wiring, San Francisco," and is dated 2002. The others are allegedly a design document instructing technicians how to wire up the taps, and a document that describes the equipment installed in the secret room.

In a letter to the EFF, AT&T objected to the filing of the documents in any manner, saying that they contain sensitive trade secrets and could be "could be used to 'hack' into the AT&T network, compromising its integrity."

According to court rules, AT&T has until Thursday to file a motion to keep the documents sealed. The government could also step in to the case and request that the documents not be made public, or even that the entire lawsuit be barred under the seldom-used State Secrets Privilege.

AT&T spokesman Walt Sharp declined to comment on the allegations, citing a company policy of not commenting on litigation or matters of national security, but did say that "AT&T follows all laws following requests for assistance from government authorities."