Corruption: Californian city mayor indicted on corruption charges

John Victor Pomierski, 56, of Upland, resigned as mayor last week, has been named in an 11-count indictment returned on 2nd March 2011 by a federal grand jury in Riverside, California. The indictment accuses Pomierski of conspiracy, extortion, and bribery offences in a scheme the led two victim business owners to actually pay a total of USD45,000 in bribes.

The second defendant in the indictment is John Edward Hennes, 54, of Upland, who is a member of the Building Appeals Board of Upland.

According to the indictment, Pomierski demanded and received money from the owners of two Upland businesses in exchange for the performance of official acts in connection with Upland city government business and transactions. The indictment alleges that Hennes and two others involved in the scheme communicated Pomierski’s extortionate demands to the business owners and collected money on behalf of Pomierski. Hennes and the two other conspirators entered into consulting agreements with the business owners to disguise the nature of the payments and to protect Pomierski.

According to the indictment, members of the conspiracy twice demanded USD25,000 payments - once in 2007, and again in 2009 - from the owners of “Business A” in exchange for Pomierski’s assistance in obtaining permits for the business. In exchange for the bribe payments, Pomierski, among other things, allegedly spoke to other city officials on behalf of the business and offered to speak with the members of the city council when the business’ permit application came up for a vote. The owners of Business A were allegedly told to keep their arrangement quiet because Pomierski did not want the public to know he was “fast tracking” their application. One of the owners of Business A was cooperating in the investigation, and the payments made by Business A to the defendants in 2009 actually consisted of money supplied by the FBI. In total, Business A made extortionate payments totalling USD35,000.

The indictment further alleges that Pomierski demanded USD20,000 from the owner of “Business B” in exchange for assisting in relation to legal action the city had taken against Business B. The owner of that business paid USD10,000 to a member of the conspiracy, who, at Pomierski’s direction, gave the USD10,000 to Hennes.

On June 10, 2010, agents with the FBI executed search warrants at Upland City Hall, Pomierski’s residence, a Hennes-owned company called JH Builders and Venture West Capital, which is owned by two other co-conspirators who were previously charged. In connection with the searches, FBI agents interviewed Hennes, who denied to the agents that he had previously met with the owner of Business A and Pomierski. In a recorded conversation on June 28, Hennes admitted to one of the owners of Business A that he had lied to FBI agents. In addition to the corruption charges, Hennes is charged with making false statements to the FBI.

Pomierski and Hennes are both charged in the indictment with conspiracy and extortion "under colour of official right." Pomierski is also charged with accepting bribes. Hennes is charged with making false statements to the FBI. Extortion under colour of official right and conspiracy to commit extortion under colour of official right both carry a statutory maximum penalty of 20 years in federal prison. Bribery carries a statutory maximum penalty of 10 years in prison. Conspiracy to commit bribery and false statements each carry a statutory maximum penalty of five years in federal prison.

If convicted on all charges, Pomierski faces a statutory maximum penalty of 145 years in federal prison, and Hennes faces a maximum possible penalty of 50 years in federal prison.

Jason Roy Crebs, 37, of Upland, and Anthony Orlando Sanchez, 35, of Rancho Cucamonga, the owners of Venture West Capital, have also been charged in a criminal information filed in federal court in Riverside in connection with the same case. Crebs and Sanchez are both charged with aiding and abetting the demand and receipt of bribes.