By Joe Nelson, The Sun
Posted: 03/28/14, 7:53 PM PDT |
When a prestigious El Segundo-based private investigations firm was hired to investigate the key witness in a major San Bernardino County corruption case, they subcontracted the work — or at least part of it — to a rural Alabama woman who had no license and a spotty criminal record.
That woman, according to court documents, used information provided by the El Segundo firm Thomas Dale & Associates to impersonate the witness and illegally gain access to his phone records.
While the incident has become a flash point in the San Bernardino County case, the practice of hiring independent contractors to develop potentially illegal information is not all that unusual, according to experts.
“It goes on all the time,” said Rob Douglas, a former Washington D.C.-based private investigator of 20 years and nationally recognized identity theft and information security expert. “It is frequent enough that I believe for hundreds of private investigators across the country, it’s a routine way of doing business.”
No charges have been filed against the woman, Theresa C. Speer, aka Theresa C. Paul, of Fairhope, Ala., or Thomas Dale & Associates, the company that subcontracted her services, but prosecutors say the investigation, which began three years ago, is ongoing. They say Speer hijacked the phone records of former San Bernardino County Supervisor Bill Postmus, a key witness in the ongoing criminal investigation into the county’s $102 million legal settlement with Colonies Partners LP.
Stephen P. Jones, the attorney representing Thomas Dale & Associates, declined to comment for this story.
According to court documents, Speer was hired by Thomas Dale & Associates, which touts on its website a client base that includes NBC Universal, Paramount Pictures and CNN. TDA was hired by attorney Stephen G. Larson, a retired U.S. District Court judge-turned-defense attorney who now represents Colonies co-managing partner Jeff Burum, who is charged with bribing public officials to settle his partnership’s legal case.
Speer could face up to a half-dozen felony charges, including criminal conspiracy and illegally accessing a computer network, according to a search warrant affidavit filed in San Bernardino Superior Court.
The San Bernardino County case is similar to other high-profile incidents in which investigators obtained private information under false pretenses — a strategy so common it’s been given a name: pretexting.
The most noteworthy of these is the spying scandal at Hewlett-Packard in which HP executives hired private investigators to help determine who was leaking confidential company information to the press.
In October 2006, the state Attorney General’s Office charged HP Chairwoman Patricia Dunn, who launched the investigation into the news leak, HP’s former chief ethics officer Kevin Hunsaker, and three outside private investigators with four felonies. Dunn maintained her innocence, testifying before Congress she had believed the actions of the private investigators were legal. All charges against her were subsequently dropped.
Hunsaker and two of the private investigators, under a plea agreement, pleaded guilty to one count of wire fraud and were sentenced to 96 hours of community service, and the third investigator, Bryan Wagner, was convicted of the federal offenses of wire fraud and identity theft and sentenced to three months in federal lockup.
Though laws have been passed to protect consumers and deter such activity, prosecutors have had a hard time making cases. Douglas notes that in many cases, private investigators are hired by large firms with deep pockets, and pursuing a pretexting case can be complex and very expensive.
“It is the major law firms in this country that are hiring these people,” Douglas said.
The investigation into Speer and Thomas Dale & Associates sprouted from San Bernardino County’s Colonies corruption case, in which Rancho Cucamonga developer Burum and three former county officials stand accused of conspiracy and bribery. Prosecutors allege Burum, former county Supervisor Paul Biane, former Assistant Assessor and labor union president Jim Erwin, and Mark Kirk, former chief of staff for supervisor Gary Ovitt — conspired to facilitate a $102 million legal settlement between Burum’s real estate investor group, Colonies Partners LP, and the county for $102 million in November 2006.
To read entire story, click here.
Joe Nelson don’t you find it odd that there have been no charges filed in this case? Any chance at all your being told this to give the appearance something is still forthcoming when it’s not? Much like the FBI joint task force crap?
Just how complex do you think this case is? Why have you not sought comment as to why the FBI backed out of this issue?
Why didn’t you comment on the search warrant on TDA being outside the parameters of the courts direction? Why didn’t you mention all the documents taken except a half dozen had to be returned to the defense? Classified as attorney/client privileged by the COURT.
Do you believe police misconduct is set aside in cases like this in the interest of justice?
I bet you thought this story was more newsworthy than Mike Ramos not getting endorsed by the local Republican Party?
There is NO “flash point” in this case Joe. NO ARRESTS have been made. This type of reporting is outrageous when you have not connected all the dots or informed the public of ALL the details involving just this case.
at a time when there was law and order in San Bernardino Joe Nelson would have been tarred and feathered and run out of town I can’t remember a time when journalists took pride in their work ….nelson is a whore,for the corrupt our elite of San Bernardino County ….how does this guy look is family in the face ,can’t believe he actually goes to the grocery stores faces is public
Looks like joe is reporting the truth here. Too bad it doesn’t work alongside with the agenda here. This story is accurate as to the facts. If you don’t like them, that’s okay but don’t try and spin it your way. Have a blessed day.
Too bad James mills is more interested in side shows than real public corruption like that displayed by the DA’s office. LOL
Joe Henry and Casey Jiles. What a crew. Not a set of nuts between them.
#7 please you had me laughing so hard about those 2 girls. They are Weak and worthless. Thanks
No the damage control is Mikey not being able to back up these issues of misconduct starring him the face.
Now why don’t you buy Mikey a beer and console him for not being endorsed by the Republican Party. How dare those hacks ignore the greatest DA in the history of this County.
That boy walked out the door before the meeting started. Speaks volumes doesn’t it? Just like he was out the door before Merritts attorney could depose Ramos in Grover’s termination case.
Let’s hope Mikey takes the stand on behalf of his team and just puts Steve Larson in his place.
How about a debate between candidates before May???
@ Ken Holtz:
You’re arguments are not only unsound, they are absolutely, unequivocally, absurd.
OF COURSE the media never writes about criminal cases and/or investigations until actual arrests are made. Silly me!
You should really take some time to learn about the law before presuming to lecture on it. Perhaps you are one of the “wannabees” mentioned in Nelson’s article who just couldn’t make the cut. And you should definitely consider taking a media law class, as I can assure you Mr. Nelson most likely has.
Make a REAL argument, for crying out loud. The only ones who are obviously buying into your BS are the other posters on this blog with the same, tired agenda, and it really is getting old. Play a different tune or get out of the legal arena.
Lastly, you should learn to formulate a sound and reasonable argument, with some degree of intelligence, before posting so you don’t come off as a typical wingnut with an axe to grind or an agenda to fulfill. May I suggest a speech and debate class?
Oh, and BTW Holtz, I was informed by the return of that privileged information, and the judge’s screw up. I believe I read about that in one of Nelson’s stories as well, and I believe there was another newspaper that wrote about that, too – it’s a little rag out of Riverside called the Press Enterprise.
You are a legal heavyweight! Keep up the astuteness! Don’t know where all your lightning flashes of brilliance come from, but my oh my!
Holtz is a gem! You should have seen him back in the day legal eagle.
Anyone who believes a Nelson article is a fool. It really is that simple. He is a tool on a leash.
James you out classed me in the Gem department buddy don’t do that to yourself.
Legal Eagle you won’t mind if I go by the legal documents versus the newspapers?
One thing for sure Mikey didn’t convince enough of the local Republicans to back him like you do. His victories of late seem to be falling rather quickly.
Let’s us know Legal as soon as that lady in Alabama gets arrested.
Hurry son it’s tic tic boom. Get that debate going with Ramos and Merritt. Want to see Mikey in the mix.
Actually Legal I’d say Davey Ellis might have tubed his client when he whined about Grover one too many times. You can set us straight. Or the rags the a Sun and PE.
I am with Ken Holtz, Oh My haters of truth run a muck lol.
The haters have no real guts. If legal is a lawyer he knows no arrest after 3 years is nothing but a pile of dung. He knows the FBI not backing up Mikey is another problem.
Legal Eagle lectures about Law…. From someone who can’t pass the Bar, your Law Knowledge is at best questionable Mr Legal Eagleson
@ 23..funny as hell. Legal Eagle has a reading disability. If he could actually think, he would be a real attorney by now..not that that is saying very much in California.
If Legal Beagle is Michael Eaglrson, LMAO.
That dummy knows Mike Rsmos would in no way miss a photo op or a news conference telling everyone another arrest has been made in this compelling corruption case, and we caught the defense team rolling dirty. And did so immediately?
Your day for a deposition is coming Eagleson you cheese eater. Just how many asses you hanging onto these days Mr. Rat?
Only difference between Leland Yee and Mike Eagleson is Yee is Chinese and Eagleson is a puss.
Wow, a double-wide in Alabama! No wonder she hasn’t been charged with a crime. She is rich via Alabama standards.
The bitch says she can’t be bought. A $475 a month income she claims? Cheap sell out in my opinion. Yes Denny’s has wi-fi. I bet her and the dog are regulars there.
As one who lives in a double-wide, I wonder why the comparison is always the type of structure and not the parcel of land.
I mean, when I had a condo in Anaheim with a a 180 square foot pario I was supposed to be respectable. Now that I am living in a double-wide on 111,000 square feet, with nursery stock on my own and neighbors’ property worth more than my home, I am supposed to be low class?
the only thing unsavory in your reporting Joe is your complete lack of journalistic integrity .your a whore…to the special interests ….that you write this yellow journalism for