Notarized affidavit is on file with:

Mark S. Vojvodich

Constable, Pct 3 Bexar County Police

8918 Tesoro Drive Suite 301

San Antonio, TX 78217

AFFIDAVIT

STATE OF TEXAS

COUNTY OF BEXAR

BEFORE ME, the undersigned authority, personally appeared the undersigned Affiant, who,

being by me, duly sworn, stated on oath:

"My name is JEFSR I am at least 21 years of age, of sound mind, capable of making this

affidavit and personally acquainted with the facts stated in it, which are all true and correct.

This affidavit is a report of numerous violations of law by City of San Antonio, Texas employees

and the ongoing illegal cover-up of the crimes by law enforcement, attorneys, employees and

representatives of the City of San Antonio, Texas.

For decades (probably since 1982) corrupt City employees manipulated an internal monthly

billing account – the telephone variable – to gain access to up to $5.2 million a year of funds set

aside by law for telecommunications support and used much of the money for other than its

intended purpose and in many instances to support illegal schemes to funnel the funds to

accomplices and co-conspirators. Accounting fraud, fraud, theft of public funds, mail/wire fraud,

breach of fiduciary responsibility, misappropriation of funds, grant fraud, contract fraud, SEC

violations, falsification of government documents, etc. are violations of law.

Over the past several years corrupt City employees, attorneys, officials, law enforcement, etc.

have conspired to hide the criminal activity. They committed numerous violations of law in the

process including aggravated perjury, subornation of perjury, obstruction of justice, perjury,

falsification of government documents, civil rights violations, employment violations, etc.

THE TELEPHONE “VARIABLE” BILLING ACCOUNT- decades of fraud/theft

Numerous schemes to defraud the government centered on the corrupt employees’ abilities to

gain access to millions of dollars a year behind the backs of City Council, auditors, grantors,

citizens, etc. The “Telephone Variable Billing Account” created by City Administrative

Directive 6.12 in 1982 was clandestinely and illegally used to pilfer tens of millions of dollars

from telecom budgets of every city department and every grant awarded the City of San Antonio,

Texas possibly since 1982. AD 6.12 created a procedure and a billing account- the “variable” to

facilitate the payment of monthly Centrex telephone bills and the reimbursement from city

departments for their fair share of the cost- nothing more.

The annual total cost of ALL local telecommunications service was less than $ 2 million with

local Centrex telephone service being but a portion of this annual cost. Official transfer requests

for the Finance Dept. to move funds from department and grant telephone budgets to ITSD were

clandestinely and illegally inflated by over $ 3 million a year and consequently the telephone

“variable” account swelled to an annual cost to grantors and citizens of over $5.2 MILLION –

more than twice the true cost of ALL local telephone service -Private Line AND Centrex

Services combined. If a grant or department had a telecom budget it was drained of funding via

fraudulent monthly bills totaling well over $ 3 MILLION a year for decades. The illegal

manipulation of this monthly telephone billing account commonly referred to as “the Variable”

provided corrupt city employees with the funds to use as they wished as if they were given a

blank check to run the IT department or any other scheme they could envision. The process

established by AD 6.12 if properly followed would leave no funds in any account as the Centrex

invoice payments would equal the funding recovered from each department- the “paid” and

“collected” transactions should cancel each other out! Instead, once the monthly Centrex phone

bills were paid the remainder of the money in the “slush fund” (over $ 3 million a year) was

theirs to spend, in private, with no approval on whatever they wished no questions asked while

the illegal expenditures were fraudulently described in audits, billing statements, etc. as

Telephone Centrex costs when in fact the funding was used for whatever the IT Managers and

their cronies wished to use the money for.

This accounting fraud blossomed into SEC fraud and Grant fraud over the years when the

fraudulent financial statements were submitted along with official statements containing known

false information. The funding never ran out, had no limits set via city ordinance and varied

according to how greedy the criminals were in any given month ( hence the name “variable”).

Corrupt IT Managers ran the Information Technology - Communications Department like a

private fiefdom or family-owned business rather than as a publicly funded municipal division of

the City of San Antonio. They bolstered their workplace performances and handed out “favors”

to “friends” across the city. They received accolades, “Employee of the Year” awards and

promotions-raises based on their accomplishments - accomplishments made possible by millions

of pilfered dollars. With one phone call tens of thousands of dollars would be delivered- with no

Council review, Finance Department scrutiny or City Manager approval. . They and their

“friends” operated “under the radar” for decades with no accountability or overview by City

Council, auditors, regulators, grantors, etc. They operated outside of the law as if there were no

annual budgets, Administrative Directives, City Charter provisions, City ordinances, State Local

Government Codes, State Uniform Grant management Regulations, Federal OMB regulations,

State/Federal penal Codes, etc. They ignored City Administrative Directives (especially AD

6.12) and every other law, rule, guideline, etc. regulating the expenditure of grant and public

funds.

IT managers including Jose Medina, Mike Mitchell and Victor Perez and their accomplices

altered invoices, caused to be created false and fraudulent statements in the books and records of

the City, concealed the true and accurate disposition of department and grant resources and used

funding set aside by city ordinance and state/federal grants as they wished and not for their

intended purposes. They misused, misappropriated, embezzled, etc. funding set aside by law for

telecommunications support. They violated open-bidding regulations as they never followed the

law and requested the funding via city council approval/ordinances but simply purchased goods

and services and dumped the bill into the telecommunications “variable” account to be paid with

telephone funds from city and grant phone budgets. They stole money from every city

department/program including Fire, SAPD, Library, Aviation, Health, WIC, Public Works,

Community Initiatives, Housing and Community Development, Parks, etc. and every grant

awarded each of these departments that contained provisions for telephone support.

Municipal Integrity intake statements and documents submitted in 2005 prove that public/grant

funds set aside by law for communications support were illegally used for other than their

intended purposes and in many instances to pay for illegal contracts, “padded invoices”, illegal

purchases and similar illegal expenses. Their illegal “slush fund” created as is described by an

internal city document a “means for ITSD (City’s Information Technology Services Department)

to balance its own books internally”. The “slush fund” was used to “tap a bottomless pit of

money” totaling in the “millions of dollars”. The “internal contract billing process is

compromised” to the extent that departments were “billed for an untold amount of goods and

services from which their department received no benefit”. State/Federal grants administered by

every city department were billed for goods and services from which they received no benefit as

well due to the fact that this illegal scheme plundered city department telephone budgets and

grant telephone budgets alike.

Billing/Contract employees Robert Valdez, Aida Anguiano and Barbara Moore knew that the

funding was not being used for its intended purpose but conspired with Medina, Mitchell, Valdez

and their “friends” to hide the fraud and submitted fraudulent reports/audits/requests for years.

The law, the City Charter, the Local Government Code, etc. state that purchases made without

Council approval, open bidding, etc. are illegal and that payment is unenforceable. The laws

state that the contracts are void. The law states that payments of the illegal bills are the sole

responsibility of the criminals illegally spending our tax dollars and not the responsibility of

taxpayers or grantors. The tens of millions of dollars illegally spent over the past three decades

by law is the responsibility of the criminals who illegally spent our money and their

accomplices/co-conspirators who help hide the crimes. Taxpayers by law are not required to pay

for the illegal purchases made with no Council approval, competitive bidding and public

review. This is the law! This is the law that everyone tries to make us believe does not exist!

“FRAUD UPON THE COURT” AND THE ONGOING ILLEGAL COVER-UP

In the summer of 2005 City officials, attorneys and employees began efforts to cover up the

criminal activity almost immediately after the crimes were exposed. By October 2005 Municipal

Integrity investigator Steve Harrison and Manager Virginia Quinn prematurely halted an internal

investigation, published a fraudulent investigation report declaring that no wrongdoing was

found, no rules or laws were broken and that there were no rules or laws regulating the

“variable”-a lie. This lie implying that AD 6.12, AD 2.1, AD 2.2, Local Government Codes,

OMB regulations, budgets, etc. do not exist formed the central theme of every effort by corrupt

city officials and employees to hide the criminal activity for the past five years and is the basis

for Varn’s fabricated, fraudulent testimony. CIO Michael Armstrong declared all official

grievances void and assisted City Manger Sheryl Sculley circumvent civil service and grievance

regulations in an effort to avoid a public hearing and keep the crimes hidden. Armstrong publicly

berated the new Telecommunications Manager for making “unsubstantiated” allegations to

Municipal Integrity knowing full well that the charges of criminal activity were in fact true and

had been substantiated by independent sworn statements of other veteran employees including

Jose Medina himself. In November 2005 the City Attorney’s Office illegally denied FOIA

access to the MI report and an internal contract audit performed by the now defunct Contract

Services Department so as to hide the crimes.

The Telecommunications Manager who refused to go along with the illegal cover-up of the

criminal activity was illegally terminated in February 2006 by CIO Michael Armstrong

(currently the CIO for Corpus Christi, Texas) and IT Director Hugh Miller. His Whistleblower

trial took place in February 2009 in the Bexar County Courthouse. The City Attorney’s Office

continued to violate the law in an effort to hide decades of criminal activity. City Attorney

Deborah Klein with the assistance of hired help Mark Kosanovich suborned perjury from

numerous city witnesses including CIO Richard Varn who told the “critical” lies central to the

fraud upon the court. Varn presented his testimony that was fabricated by corrupt city attorneys

in an effort to make it appear that the use of the “variable” was legal- a lie. Each witness was

provided with a false, fabricated testimony that they were to present to the court to bolster Varn’s

critical lies. Each witness was coached to tell the court that no violations of law occurred and

that the new Telecommunications Manager was a poor employee - total lies concocted by corrupt

City attorneys, officials and employees. (see reports on Varn/ Klein’s “fraud upon the court” and

the theft of $200,000 of public funds via fraudulent “padded” invoices)

One must recognize that most if not all of the City witnesses conspired with City attorneys

especially Deborah Klein (with the illegal assistance of hired hand attorney Mark Kosanovich) to

provide false testimony. In 2005 IT Manger Michael Mitchell initially provided MI with details

of the fraud but later under oath provided false testimony when deposed in 2007. IT Manager

Victor Perez made false statements to MI to discredit the reports of criminal activity. Mitchell,

Perez, Moore, Anguiano, Gonzalez and other city employees lied to hide their involvement in the

fraud, theft, accounting fraud, etc. Others including Varn, Miller, Segovia and Gray lied to hide

their involvement in the illegal cover-up. Counsel and each witness described almost identical

events detailing how the Plaintiff hung out in their offices, walked the halls, was missing in

action, etc. Many of the city witnesses made statements detailing how the Plaintiff was

repeatedly counseled in an effort to rehabilitate him but to no avail. Miller spoke about the

Plaintiff’s inability to account for hours worked from his home in support of Hurricane Katrina

Evacuation efforts. Quinn testified that she never invited the Plaintiff to her home. Moore

testified that it was she who researched and provided spreadsheets that resulted in a substantial

refund from MCI. Anguiano testified that she independently investigated the “telephone

variable” and found it to be legal. Miller and Varn testified that Miller never knew instructions

to terminate Medina had anything to do with Foddrill and that Varn had immediately changed his

mind. Varn testified that in 2005 he investigated the “variable”, contacted Washington, found

that it was created to help balance the budget/pay for pop-up expenses, provide a means to

request funding for projects, overruns and that everything was legal. The list of lies goes on and

on. City Attorneys have been shown to have illegally concealed evidence, illegally and

dishonestly denied access to documents that they later used to harm the Plaintiff, knowingly

presented false documents and provided false testimony to the Court, assisted in fraudulent and

criminal conduct and assisted in the obstruction of justice. The United States Supreme Court, the

Texas Courts and other Courts of our Country scream that this should not be condoned. The law

states that a “fraud upon the court” such as the actions of Klein, Kosanovich and others (and the

inaction of Gaul) renders the judgment void.

Witness Deborah Segovia testified along with most all other city witnesses that the Plaintiff was

never to be found, was found walking the halls, was found standing in the halls having personal

conversations, had poor job performance and was guilty of many other unflattering actions. She

also testified that because of the Plaintiff’s actions a three month audit turned into a six month

audit. Segovia’s testimony was false. Segovia joined counsel and other witnesses in their

efforts to bombard the Court with a series of inferences designed to unduly prejudice and

mislead the jury. There is no material evidence to support Segovia’s claims because the events

she describes never occurred. The events were fabricated as part of a story that most all city

witnesses were coached to repeat to the jury. A close inspection of annual performance reports

and other documents reveal that the Plaintiff was performing his daily duties, attending meetings,

answering emails, supervising projects, providing technical assistance, creating budget

documents, authoring RFPs, and many other tasks. The Plaintiff worked as the City’s

Telecommunications Manager in a single story building with an overhead paging system

carrying a cell phone and/or pager 24/7 but couldn’t be found-nonsense. One is welcome to

review all emails and phone records maintained by the City. One will find no evidence to

support Segovia’s false statements. Recordings provide a detailed accounting of meetings,

conversations, etc. from October 2005 to March 2006. One can review the numerous Human

Resources meetings called to discuss grievances, team meetings, weekly staff meetings, etc. but

will find no mention of any of Segovia’s false testimony. . Segovia falsely testified that she

never advised the Plaintiff to report the violations to Municipal Integrity when in fact had

arranged a meeting between her Director Phillip Campos and the Plaintiff with her in attendance.

Campos and Segovia both advised the Plaintiff to report the violations and the fact that he had

been threatened to Municipal Integrity and to inform MI that they would cooperate and would

supply pertinent information. One can review emails and documents that depict two major

events where the Plaintiff was contacted and immediately responded to the call and resolved the

critical outage. One event took place on Christmas Eve in 2004 and involved a critical failure of

the City’s outlook paging system. The Plaintiff received a page at his home from SAPD Lt.

Mike King at 8:55 am. The Plaintiff responded and worked to resolve the problem restoring

paging capabilities for the City including SAPD and SAFD. The second event occurred on

January 21, 2006 just a few days before the Plaintiff was placed on administrative leave and

terminated. At 6:20 pm Voice Team member Ortega gets a call informing him that the City’s

911 switch is out of service. He immediately calls Diana Lopez who immediately calls the

Plaintiff. Manager Diana Gonzalez fails to answer all efforts to reach her. The Plaintiff and his

team members work to restore service.

Former Municipal Integrity Manager Virginia Quinn testified that she had never invited the

Plaintiff to her home. Her inferences to the jury were designed to distance herself from the

Plaintiff and to question his integrity. Virginia Quinn’s testimony was not true. She invited the

Plaintiff and his wife to her home on at least two occasions. She invited both to her home for a

“coming home” party for Robert R....n as he was returning from Afghanistan. Robert was a

former city employee and colleague of Virginia’s and was related through marriage to the

Plaintiff. Robert had asked Virginia to put a good word in for the Plaintiff when he was

interviewing for his job. Virginia Quinn again invited the Plaintiff and his wife to her home for a

Christmas party. The Plaintiff and his wife attended both events and considered Virginia and her

family as friends. Emails to/from Virginia and the Plaintiff show a cordial and friendly business

and personal relationship. Virginia also testified that the Plaintiff had contacted her about filing

a grievance during his hiring process. The only relevant grievance filed at this time was

presented by ITSD employee Diana Lopez and protested the hiring process that Medina was

using. As a result of the grievance the candidates were re-interviewed and the Plaintiff was

hired. Emails that depict the correspondence between the Plaintiff and Mr. Medina are on

file. The emails are friendly and cordial. There is no mention of any grievance. Quinn is not

telling the truth as the Plaintiff never intended, contemplated, spoke about or filed a

grievance. Quinn lied when she issued a MI report in 2005 stating that no rules/laws were

violated as there were none. AD 6.12, the City Charter, the Texas Local Government Code,

OMB regulations, etc. prove her to be lying. She told the same lies under oath in court to hide

the crimes. (see separate report detailing Quinn’s aggravated perjury, obstruction, falsification

of official documents, fraudulent reports published to hide the crimes, etc.)

City witness Texas Ranger Captain Hank Whitman testified that he never told the Plaintiff that

any of his allegations were violations of law. This is not a true statement. Captain Whitman in

the presence of witnesses told the Plaintiff that falsification of any government document

including his time reports and the Avaya Contract Compliance Audit were violations of law. He

told the Plaintiff that adding extra hours to and submitting invoices for payment was a violation

of law but he would be hard pressed to get anyone to investigate as no one had the resources to

audit years of bills. He agreed that grant fraud was a violation of law after reviewing OMB

circulars but said that this was a matter for the Feds. He agreed that violations of state

purchasing guidelines would be a violation of law but was not included in the penal code he

enforced. Captain Whitman offered to attend the trial and to document additional perjury on the

part of city witnesses. He commented that if ITSD employee Diana Gonzalez testified falsely as

she had to Municipal Integrity during the investigation into the falsification of the Plaintiff’s time

reports that she would be guilty of aggravated perjury in addition to the falsification of

government records. Captain Whitman maintained possession of the Plaintiff’s documents

outlining the numerous violations of law and agreed to review the material after the Plaintiff’s

civil trial. Records contain an email documenting the correspondence between Whitman and the

Plaintiff. This email lists the other persons in attendance and notes that “we talked extensively

regarding the issue of altering government documents; this offense is described under section

37.10 of the Texas Penal Code”. Other emails show how District Attorney Reed’s Office was

“less than honest” in replies to the Plaintiff’s requests to file criminal charges while other law

enforcement agencies stood by and did nothing. Letters and phone calls by elected officials

including Corte, Van De Putte and Leibowitz to DPS Director Clark resulted in the meeting of

October 14, 2008 between the Plaintiff, the Rangers and the DA’s Office. During the meeting

Asst. DA Elliott revealed that his office had been forwarding the Plaintiff’s correspondence

outlining violations of law to the City Attorney’s Office. With full knowledge of a pending civil

trial the DA sends confidential information to the very people the Plaintiff is accusing of

violations of law. With full knowledge of a pending civil trial the City Attorney’s Office

receives the documents. Neither office of Attorneys contacts the Plaintiff or makes arrangements

to return the documents. Recording # 112 dated 10/28/2008 is on file. This is a recording of a

voice message left by Assistant DA Elliott concerning our meeting of Oct. 14, 2008. Asst. DA

Elliott states that he did talk to some people, the Plaintiff may expect to be called upon to get a

more formal statement and that the Plaintiff may expect someone to contact me and go from

there. Asst. DA Elliott reported that his office had obtained a search warrant (Reed refuses to

turn over a copy- how do you get a search warrant for a citizen’s bank accounts if no violation of

law is identified –Whitman Lied ) looked into Medina’s bank accounts. It appears from

conversations with Ranger Whitman and Asst. SA Elliott that the Plaintiff will finally be able to

address the violations of law that he reported years ago. The fact is that the DA fails to follow

through and Captain Whitman appears before the Court denying that he ever said that any of the

allegations were violations of law. (See officials complaints filed with DPS)

Witness Hugh Miller testified along with other city witnesses in an almost identical fashion. He

told the same story that almost every other city witness presented to the jury. He lied when he

stated under oath that he had counseled the plaintiff numerous times concerning his poor work

performance- there were no counseling sessions. There was no work performance problem. He

also provided testimony that the Plaintiff refused to accept SAP training and that the Plaintiff

was unable to account for the hours he worked from home in support of the Katrina Evacuation

effort. Additional testimony concerned “facts” that the Plaintiff promised health employees

equipment that wasn’t budgeted for and made $100,000 in purchases but failed to follow proper

procedures. Again, the story fabricated as the “new” reasons for the Plaintiff’s termination is

false. Miller’s statement that the Plaintiff “didn’t want to listen” to SAP trainers is

false. Records contain numerous emails concerning the Plaintiff’s efforts to obtain SAP support

for voice services. His efforts to secure support begin as early as January 2005 or earlier and

continue until the time when he was terminated. Miller and others falsely state that SAP was

working. The emails show that constant revisions, tweaks and meetings failed to produce a

reliable SAP/Avaya interface. Required revisions to Avaya invoices and SAP interfaces were

never implemented. After September 2005 all efforts by the Plaintiff to rectify the problem were

ignored. Miller’s testimony that the Plaintiff never explained the hours he worked from home is

false. The Plaintiff submitted hours he worked and his Manager Diana Gonzalez falsified

them. A Municipal Integrity Investigative report incorrectly states that the Plaintiff agreed to

reduce his hours. The Plaintiff never agreed to reduce his hours. This story was fabricated by

Diana Gonzalez and others after the fact to cover up her criminal actions. The MI report shows

that Diana Gonzalez is lying when she states that she never saw the Plaintiff’s hand written time

sheet. She saw the sheet, copied information verbatim from two columns but omitted hours on

the report she submitted to Fiscal manager Mike Garcia. There was no discussion, no validation,

no questions, no inquiry – she just changed the hours and told the Plaintiff that she was following

FEMA guidelines when questioned about the omissions. The truth is that Fiscal Manager Garcia

stated that there were no such FEMA guidelines and that he had recorded the hours as Diana

Gonzalez had reported them to him. Miller is not telling the truth and continues to cover up the

criminal activities of Diana Gonzalez. The Plaintiff never purchased $100,000 of equipment

improperly. The Plaintiff’s former Manager Medina testified to the Court that the Plaintiff did

not purchase products until he instructed the Plaintiff to purchase needed goods and services “the

old way” because the Avaya/SAP interface was inoperable. Miller, Varn and Klein presented

fabricated, well-rehearsed, false testimony to the court stating that Varn had changed his mind

about firing Medina. Varn never changed his mind and never told Miller to disregard his

instructions to immediately terminate Medina. Miller’s statements to MI in 2005, Varn’s 2007

deposition and even Varn’s courtroom testimony prove that the three conspired to present a fraud

upon the court and lie about inaction on the City’s part once the crimes were reported in

2005.

Witness Kelly Gray testified along with other city witnesses in an almost identical fashion. He

told the same story that almost every other city witness presented to the jury. Again the story

concerning the “new” reasons for the Plaintiff’s termination is a fabrication. Gray was with the

City only a short time when he began working at ITSD in January 2006. He had very little time

to meet with the Plaintiff between mid January and February 8, 2006 when the Plaintiff was

placed on admin leave. City files contain documents showing the Plaintiff team’s satisfactory

appraisals and numerous letters of appreciation. A review of personnel files and Human

Resources files will reveal no problems with the Voice Group employees. Audio recordings are

available that list meetings between the Plaintiff and Gray as occurring on Jan. 13, 17, 30 and

Feb. 6, 7. The Plaintiff attended five separate meetings with Gray during a three week

period. Gray testified that he couldn’t find the Plaintiff but it appears that this is not true. One is

invited to review the recordings especially the recordings of HR meetings where grievances were

discussed. One is invited to review the recordings of the five meetings taking place with Gray

and the Plaintiff in attendance during the last three weeks of the Plaintiff’s employment. One

will find that there is no mention of the Plaintiff’s alleged performance issues, “hiding out”

issues, failures as a supervisor, misappropriation of funds, failure to follow procedures and

buying $100,000 of equipment, promising health department equipment not budgeted for,

etc. There is no evidence because the allegations are a fabrication intended to defraud the court.

Witnesses Richard Varn and Aida Anguiano testified that they independently investigated the

“Telephone variable” and found it to be legal. This is not true. The improper use of the variable

illegal use violates city guidelines as only city council can allocate money and approve

purchases. City ordinances and annual budgets set aside funding for telecommunications support

every year. The money cannot legally be spent for other than its intended purpose. Money spent

for purchases/contracts/etc. other than monthly Centrex phone costs, with no ordinance, no

Council approval, no public review, no competitive bidding, etc. is the responsibility of the

corrupt employees approving the illegal purchases. They and not the taxpayer are required to

pay the bill. The City cannot be forced to pay such a bill or recognize any such contract. The

contracts are void and payments are unenforceable. The variable violates terms and conditions of

state/federal grants. Grant fraud is a crime. Files are available that document information

concerning the variable and the pertinent federal/state grant guidelines. The Texas Uniform

Grant management Standards, grant guidelines and OMB circulars especially circular A-87

dictate that indirect costs such as the costs associated with the “telephone variable” can only be

paid with grant funds AFTER an “indirect cost rate proposal” is published, submitted and

approved by the grantor. Only expenses directly benefiting the grantee are allowed. Purchases

of trophy cases cost to remodel ITSD offices or any invoice the Manager Medina felt like

throwing into the pile surely don’t qualify for federal/state assistance. Invoices with falsified

billing information would surely be rejected. Invoices with extra hours added wouldn’t be

accepted. Purchases in violation of established contracts and state guidelines would be suspect.

Emails and Municipal Integrity documents describe how the variable was created to consolidate

overhead telephone expenses (AD 6.12) BUT an email from Municipal Integrity’s Virginia

Quinn relates how the variable has been used for decades to charge city departments for millions

of dollars of goods and services for which they received no benefit. Plaintiff witness Mike

Canion testified how Manager Medina would change the coding on invoices and submit them for

payment with variable invoices so that city departments would be forced to pay for expenses for

which they received no benefit. A letter drafted by the Plaintiff on July 7, 2008 describes how

the variable has illegally drained millions of dollars from taxpayer coffers. Replies form

numerous state/federal agencies to the Plaintiff’s requests for documentation of “indirect cost

rate proposals” or similar forms on file approving the use of grant funds for indirect costs

associated with the “telephone variable” come back with _ no records exist. After reviewing

numerous grants awarded by almost 30 agencies covering a multi-year time span the grantors

have been unable to find a single document approving the indirect costs/ variable. There appears

to be no approval on file that is required for the City of San Antonio to use grant funds to pay for

costs associated with the variable. The city has been illegally using department and grant funds

to pay these expenses for decades. The city was made aware of the problem in 2002 and again in

2005 and chose to tell the Plaintiff that no problems were found and then illegally terminated

him to keep him quiet. Grant fraud is illegal and the City is required by law to report such a

problem and to audit the grant resources. The city is required by law to refund the illegally used

funds with interest.

Witness Barbara Moore testified that she was the one responsible for the research and

spreadsheet that obtained a refund from MCI. She also related how the Plaintiff would camp out

in her office so that she couldn’t perform her work. Both statements are false. Files contain

documents proving that the Plaintiff was the employee responsible for obtaining the refund of

approximately $ 182,894.28. The documents show how the Plaintiff secured four years of

invoices and with the assistance of temporary employee Irma Rocha documented the

overpayments onto a spreadsheet. The Plaintiff submitted this spreadsheet to MCI and began the

process of securing a refund. The emails are but a sampling of the many emails documenting

this process. One very telling email is dated Oct. 17, 2005. In this email the contract manager

Robert Valdez complements the Plaintiff on “a marvelous job with your research and negotiating

a refund for the city”. The emails go on to document how his group including Barbara Moore

only got involved in this late stage so that accounts payable could be reconciled with the amount

that MCI agreed to refund the City. Moore did not tell the truth concerning the refund and

played along with all the other city witnesses in testifying about the Plaintiff’s alleged

laziness. The city was refunded almost $200,000 and Irma R...a received a letter of

recommendation from the Plaintiff when she was let go by the city.

Witness Diana Gonzalez testified that the Plaintiff failed to substantiate his hours that he worked

from home. This is not true. The Plaintiff clearly explained his hours. The deposition of Mike

Mitchell records that both Mike and the Defendant worked around the clock for the first few

days and worked extra hours per day long after the initial build-out. Texas Rangers have

examined the documentation and declared that Diana Gonzalez is not telling the truth when she

states that she never saw the Plaintiffs hand written time sheet. The record shows that she copied

two columns verbatim but excluded hours from her report. She falsified the time report and

forwarded the false report to Fiscal Manager Mike Garcia. Diana Gonzalez testified falsely

concerning the work performance of the Plaintiff. The Plaintiff had no chronic work problems

and the statements submitted as reasons for terminating the Plaintiff are false. Things did not get

better in the absence of the Plaintiff as she states. Improvements to the work order queue have

been shown to be a “smoke and mirror” trick on her part. She merely deleted work requests and

farmed out work to other employees while declaring that she had done three months of work in a

week. Her statements do not stand up to scrutiny and have been disproved by employees who

provided sworn statements as evidence. She falsified official time reports submitted to FEMA

and then lied to MI and under oath in court to hide her crimes. (see separate documentation

concerning the FEMA time report falsification)

Witness Steve Harrison testified under oath in court that the use of the telephone variable is legal

and that it could be used to purchase goods and services other than telephones. This is not

true. AD 6.12 proves him to be lying. The variable is not a legal means to obtain up to $ 5.2

million a year for anything Medina and his buddies wanted with no Council approval, no public

review, no competitive bidding or ordinance. It cannot be used to purchase anything corrupt

employees wish while the overhead charge is applied to department and grant phone budgets for

non-telephone related goods/ services and for goods/services not delivered or provided. Harrison

lied when he published known false MI reports in 2005/6 and again in 2009 under oath in court.

“Super Lawyer”- Attorney Malinda Gaul had in her possession numerous documents (Varn’s

2007 deposition, Administrative Directives, OMB regulations/statements, the Local Government

Code, the City Charter, etc.) proving that City witnesses (especially CIO Varn who when

deposed stated that he didn’t know what the “variable” was and knew only second-hand

information of budget adjust processes) were being coached by Klein/Kosanovich to present

false testimony. She refused to enter the documents into evidence. She raised no objection to the

lies, never requested a mistrial, refused to file a motion for a new (fair) trial/appeal and walked

away. She neglects her responsibility under the law and under the Texas Rules of Professional

Conduct to expose the fraud upon the court, hold the criminals accountable and have the

judgment declared void.

The Texas Rangers refuse to investigate the crimes, administer polygraph exams, etc. in an effort

to protect Whitman. They lied when they informed the FBI that no fraud was found as they have

proof of the criminal activity and “fraud upon the court” including Whitman’s false testimony

but help hide the crimes. They refuse to administer polygraph exams or perform an official

investigation. They refuse to reply to phone calls and letters.

Over a five year time frame the FBI received almost 1000 pages of documents reporting the

crimes. During this same five years the FBI produced exactly 5 pages of documents in reply to

the reports of public corruption. Three pages were standard “you got a phone call” notes and two

pages contained a few handwritten notes. Two comments stand out: “prior dealings with Texas

Rangers on this. Denson knows him. The Rangers cautioned about dealing with F........l” and

“Todd Ratcliff/carg v both have looked into allegations. Rangers/AG looked at it. Found no

fraud. hearsay basis on audit”. FOIA access finds no evidence of any investigation by Ratcliff or

any other FBI agent. FBI Agent True Brown published a fraudulent letter stating that three

separate meetings with three FBI agents had taken place over the years- a lie. The FBI has since

September 2009 been unable to name the dates of the “ghost” meetings, the participants, etc.

Why would the Texas Rangers caution the FBI about dealing with F........l????? Why lie about

meetings that never occurred?

The AG lied to the FBI as they never investigated anything. They refuse to reply to calls and

letters.

SAPD and BCSO close out police reports (9.0471467 and 2009-081395) and refuse to reply to

phone calls, letters, etc. On July 1, 2009 McAnus issues a criminal trespass warning and posts

the former Telecom Manager’s photo in public buildings as if he is a criminal and threat to

society. Evidence of the crimes is confiscated from Council chambers. On City Attorney

Bernard’s instructions any correspondence from any citizen concerning the crimes is forwarded

directly to his office. No replies or phone calls are forthcoming from elected officials.

HUD published a fake “report” stating that no fraud was found- surprise! Corrupt San Antonio

Agents Marquez and Hall refused to interview critical witnesses including the Telecom Manager

or hold public/transparent hearings. Victoria Marquez stated over and over – “I don’t care” and

really didn’t care that the top IT employee -CIO Richard Varn- lied under oath in a court of law

to hide the fraud. HUD refuses to reply to letters or return phone calls requesting that critical

witnesses be interviewed. They neglect their duty and helped hide the crimes.

Numerous elected officials are aware of the long-term criminal activity and the ongoing cover-

up. Recordings are on file proving that Senator Jeff Wentworth, Senator Leticia Van De Putte

and State Auditor John Keel personally were informed of the crimes and reviewed the documents

or had conversations discussing the criminal activity and cover-up. Wentworth can be heard

speaking with State Auditor Keel using the words "crooked politicians" and "cover-up". Instead

of following up on the reports of criminal activity they instead help keep the crimes hidden. They

ignore the crimes, look away to help keep them secret and protect the criminals. (see audio

recordings file on CD)

This statement is true and correct to the best of my recollection.

The enclosed CD contains a sampling of information supporting the facts detailed in this

affidavit. Additional information is available upon request. I ask that a polygraph exam be

administered to myself, Ranger Whitman, Ranger Coleman, Asst. DA Elliott, DA Investigator

Martinez, IT Director Miller, IT Manager Gonzalez, IT Manager Segovia, former CIO Varn,

City Attorney Deborah Klein and others concerning the numerous violations of law detailed in

this and other documents.

END OF STATEMENT

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Signature JEFSR

Sworn to and subscribed before me this__23rd_____ day of _March________, 2011.

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Notary Public in and for Bexar County, Texas

Crooked SAPD

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