Rule 3-110 Failing to Act Competently Cali Govt Code 1097 Aiding & Abetting Government Corruption 18 U.S. Code Fraud & False Statements
John Oli Alvin Pinkney
Rule 3-110 Failing to Act Competently
California Government Code 1097 Aiding and Abetting Government Corruption
18 U.S. Code Chapter 47 Section 1001 – Fraud and False Statements
A Complaint was already submitted involving Pinkney; Office of Chief Trial Counsel Inquire #17-16309.
First of all; Pinkney was never qualified to be Beaumont’s City Attorney. Pinkney’s only other job as City Attorney is with the City of Needles, population of less than 5,000. Pinkney has refused to produce any documentation of his qualifications. The Law Firm of Slovak Baron Empey Murphy Pinkney only states that Pinkney has a ‘B.A.’ , but does not disclose a field of study.
HIDING BEAUMONT’S LIABILITIES:
Pinkney’s first order of business was to remove the lawsuits from the City Council Agenda. Pinkney has refused to disclose any information about the City’s lawsuits to the Public or Council. At the September 19, 2017 Beaumont City Council Meeting Mayor Lloyd White asked how he could get information about the City’s lawsuits.
Pinkney claims that there are no laws forcing the disclosure of liabilities, but that’s a lie.
Statement of Financial Accounting Standards No. 5 Accounting For Contingencies: Litigation, Claims, and Assessments
33. The following factors, among others, must be considered in determining whether accrual and/or disclosure is required with respect to pending or threatened litigation and actual or possible claims and assessments:
a. The period in which the underlying cause (i.e., the cause for action) of the pending or threatened litigation or of the actual or possible claim or assessment occurred.
b. The degree of probability of an unfavorable outcome.
c. The ability to make a reasonable estimate of the amount of loss.
Not only did Pinkney remove the lawsuits from the Beaumont City Council Agendas, he also committed Fraud on the City’s 2015 Financial Statements by not listing the Liabilities as required by Federal Financial Accounting Standards.
The SEC Cease and Desist Order specifically states that Section 17(a)(2) of the Securities Act makes it unlawful “in the offer or sale of any securities directly or indirectly to obtain money or property by means of an untrue statement of material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.”
Beaumont has big many multimillion dollar lawsuits for Wrongful Death, Fraud, Embezzlement, Government Corruption, use of a Government Agency for Predatory Purposes, and now Developers that are suing the City for the bond money that Pinkney promised the Developers but the City can’t legally obtain. Pinkney stated that he would include a status report of all claims and lawsuits, but an incomplete report is only included on the Agenda after the Public complains.
A sample Lawsuit and Claim Status Report was provided to the City of San Clemente by the Law Firm of Slovak Baron Empey Murphy Pinkney with seven columns and detailed explanation of each claim, so the Law Firm would disclose lawsuits to other clients, but not to the City of Beaumont.
DESTRUCTION OF GOVERNMENT DOCUMENTS/FRAUD/RETENTION OF DOCUMENTS
Bond Fund Accounts are the monthly Invoices sent from the Bond Trustee to the Agency showing money transfers and the balance in each bond fund accounts.
Bond Requisitions are the documents the agency submits to the Bond Trustee.
Federal Laws required the City of Beaumont to maintain all municipal bond documents for the life of the bonds plus five years.
Beaumont was releasing their documents, but as soon as Pinkney became the Beaumont City Attorney he gave the order to destroy the bond documents and repeatedly stated in Council “they can’t make us produce documents we don’t have”.
After pretending to Serve Union Bank with a Legislative Subpoena to produce the City’s records; on March 15, 2016, Pinkney made up a crazy story about the Law Firm of Slovak Baron Empey Murphy Pinkney hiring a ‘Copy Service’ and going into Union Bank Los Angeles Trust Department and copying the bond records that were sitting in boxes – as if banks don’t using computers or filing cabinets.
It was a story that was true, but it wasn’t the City going into Union Bank. Around 2009 the Beaumont-Cherry Valley Water District attempted to get bond records from the City of Beaumont. The Water District had to take their own copy machine into Beaumont City Hall and dig through the City’s bond records that were just thrown in boxes to find records showing money transfers from the City to the Water District.
Pinkney used that story from 2009 to attempt to defraud the public. Pinkney handed judy Bingham a thumb drive and told her that it contained the bond fund account acquired in Union Bank. The thumb drive contained the City of Beaumont’s bond Requisitions that were already on the City’s website, the Law Firm of Slovak Baron Empey Murphy Pinkney just mixed up the documents so the documents were in more of a disarray.
Pinkney also stated that he pulled all the Invoices that were submitted by Aklufi Wysocki, but now claims the documents do not exist.
Another tactic Pinkney uses to hide the bond fund accounts from the Public is to claim that the bond’s accounting codes are ‘personal bank account numbers’ and must be blocked out. This is a Fraud; an intentional lie.
Pinkney also claimed at the September 19, 2017 Council Meeting that the accounting codes must be blocked out manually, but the codes are clearly being blocked out by a machine.
And the joke of it all is that the Law Firm of Slovak Baron Empey Murphy Pinkney has their own Bank Account and Routing Number posted on the City’s website. Pinkney is not qualified to be a City Attorney, but it’s not believable that a grown adult doesn’t know the difference between an accounting code and a personal bank account number.
CEQA EIR LAWS
California State Law requires government agencies to comply with CEQA EIR Laws. The City of Beaumont has built 20,000 houses without filing any CEQA EIRs and Pinkney tells the Council that the CEQA filed in1993 is still valid.
Beaumont has grown from 10,000 to 45,000 without building a Recycled Water Facility, three Fire Stations, or adequate roadways. There is no water supply for the houses. The Beaumont Basin has been in Overdraft for over a decade. The City is currently dependent upon Imported State Water for 2/3’s of their water supply.
When the Citizens requested a moratorium on housing construction on November 17, 2015 Pinkney discouraged the moratorium by claiming that ‘the developers could sue’ and the City needed to do a CEQA Review. It is not possible for a competent lawyer to actually ‘believe’ that 20,000 houses can be built without a CEQA EIR, but a moratorium would required a CEQA Review.
ELIZABETH GIBBS-URTIAGA MIDNIGHT RAISE
Not one person has been fired or reprimanded by the City of Beaumont. Former City Manager Alan Kapanicas remains on the City’s payroll to this day. Pinkney told the Council that they could not fire Kapanicas and hire a qualified city manager ‘or Kapanicas could sue’.
Elizabeth Gibbs-Urtiaga, a high-school graduate that worked under Kapanicas and former Finance Director William Aylward for 20 years was Appointed Beaumont’s City Manager and held the position for a year.
On May 3, 2016 Beaumont Adjourned the City Council Meeting and returned to Closed Session. After midnight Pinkney had the Council vote to give Gibbs-Urtiaga a substantial raise and guarantee that she would be gifted the title of ‘Transit Director’ even though the Council Meeting was adjourned.
GILMORE BELL SCAM:
The SEC Cease and Desist Order requires Beaumont to establish proper bookkeeping and submit Financial Statements and Bond Certificates of Compliance that are not Forged. The SEC also requires the City to hire an Independent Consultant to report on the City’s compliance. The Consultant can not have any affiliation with any Beaumont elected or appointed officials within the last two years because the SEC knows that the City just brought in a second wave of crooks after the FBI raids in 2015.
The City has 180 days from August 23, 2017 to comply with the SEC Order. The City has made no attempt to get their books in order or to prepare financial statements that are not forged.
On September 19, 2017 the Beaumont City Council Agenda contained Agenda Item 1: Contract with the out-of-state Law Firm of Gilmore Bell: https://beaumont.civicweb.net/document/8667/Item%201.pdf?handle=FBA3AE1DEE0248268C7F54DC59AED988
The Agenda Item contained no Contract or backup documentation and was pulled from the Agenda after numerous Citizen Complaints. Although the Staff Report was by City Manager Todd Parton, Pinkney did all the talking and made all the excuses as to why there was no Open-Bid Contract or backup documentation. Parton didn’t say a word.
A Public Record Request for the Contract and backup documentation was submitted to the City. On September 25, 2017 the City claimed the documentation was ‘voluminous’. On September 29, 2017 the City claimed that no documents exist. It appears that Pinkey once again gave the order to destroy government documents. Again.