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Barry Jantz

Fraud Investigation Requested Over Chula Vista “Bodyguard”

****Exclusive to the FlashReport****

It has all the makings of a municipal soap opera.  

A personal bodyguard hired at the behest of Chula Vista Mayor Steve Padilla for a mere $10,000 per month.  Allegations against the Mayor of wasting taxpayer money and undue paranoia.  Padilla firing the bodyguard, so as "to end complaints from fellow council members and remove the bodyguard issue from the political campaign" (per the Union-Tribune).  Bodyguard David Kanter alleging breach of contract and threatening a lawsuit against the city.  The City Council reinstating the contract because no termination clause was included to protect Chula Vista’s interests.  According to the U-T, "the council’s decision (to reinstate) calls for Kanter’s firm to provide ‘specialized investigative and research services’ to the Chula Vista Police Department and to ‘investigate threats made to city officials.’"

And now, a letter and report to Vice Mayor John McCann from a security and investigations expert calling for a fraud investigation and referral for prosecution against bodyguard Kanter for a host of offenses, including possible violations of the California Business & Professions Code and Penal Code.  The report, from David Sossaman of RIPCO, includes the "nugget" that Kanter is alleged to have armed one of his "employees" illegally:

"….that while on duty for the contract for the Mayor of Chula Vista, and on City property, she was handed a loaded pistol by Kanter and told to conceal it on her person, even though she did not possess a concealed weapon permit.  This was in violation of 12025, PC, possession of a concealed firearm.  In addition, Kanter may have violated other laws by furnishing a concealable firearm.  This person carried the pistol on numerous occasions while on City of Chula Vista property and while on duty as a bodyguard to the Mayor."

You will find Sossaman’s entire report as an attachment below.  But, just check out some of the excerpts from the conclusion:

"Based upon my training and experience, I believe there have been several criminal and regulatory violations by Kanter. I am informed and believe Kanter facilitated criminal violations, while on-duty and on city property, by unlawfully providing loaded firearms to be illegally concealed and possessed in violation of California firearms laws.  These acts may have put members of the public, employees of the City and Elected Officials in danger of great bodily injury, and subject to substantial civil liability.

"I am informed and believe Kanter may have misrepresented ‘employees’ as subcontractors to unlawfully conceal income, fail to pay employer paid benefits and taxes, and violate laws and regulations contained in the California Private Investigator and Private Security Acts.

"I am informed and believe Kanter may have submitted billing to the City of Chula Vista in which services were misrepresented and qualifications previously agreed to in support of the contract were misleading or false.  I am informed and believe the Citizens of Chula Vista expected certain services to be provided in a lawful and professional manner, by persons with higher qualifications and abilities than Police Officers, in exchange for compensation."

The full report is much more detailed than this (click on the attachment below).  Sossaman may be criticized by some as being in the same business as Kanter, with therefore an axe to grind.  David Sossaman made a name for himself several years ago for whistle-blowing on welfare fraud when he worked for the County of San Diego.  I know him to want to do what’s right for the citizens and taxpayers.  He told me that when people misrepresent themselves and their qualifications, it takes away from legitimate companies like his providing security work, and that is his motivation.