SAN FRANCISCO—On February 27, the United States Attorney’s Office handed down Federal Criminal Indictments for five San Francisco Police Officers and one former SF Police Officer for their connection to the FBI Investigation in March 2011 into alleged warrantless searches that were captured on video, according to a press release from the U.S. District Attorney’s Office.
The indictments come in part to a three year thorough investigation by the FBI, where the SFPD full cooperated. Officers involved in the indictments have been suspended without pay and will remain intact until the matter has been adjudicated. Officers Arshad Razzak, 41, of San Francisco, Richard Yick, 37, of San Francisco, and Raul Eric Elias, 44, of San Mateo, all from the Southern Station were indicated with conspiracy against civil rights and deprivation of rights under color of law. Two were charged with falsification of records.
In a separate case, a federal grand jury indicated Mission District Station Officers Edmond Robles, 46, of Danville, Reynaldo Vargas, 45, of Palm Desert, California and Sergeant Ian Furminger, 47, of Pleasant Hill with conspiracies to distribute controlled substances, against civil rights, and to commit theft concerning federally-funded programs. One SFPD officer was also charged with extortion. The indictment states that the Southern Station defendants are alleged to have conspired to injure, oppress, threaten and intimidate occupants of single room occupancy hotel rooms by entering the hotel rooms without legal justification.
Razzak and Yick are believed to have falsified a payment slip to an informant, and each of the defendants separately are alleged to have altered police reports to conceal their unlawful activities. The indictment indicates that the Mission Station Defendants are believed to have engaged in multiple criminal conspiracies including to distribute controlled substances, to steal money and other valuable items, such as computer, electronic devices and gift cards from suspects, to steal money, drugs and other valuable items that were seized on behalf of the City of San Francisco. Furminger is also alleged to have extorted property from an individual.
San Francisco Police Chief Greg Suhr released the following statement on February 27, “Of the many concerns my administration inherited from past administrations, this investigation – by far as the public’s trust is everything to us (SFPD) – has been of the gravest concern.
As I said on the day that I was sworn in as Chief of Police when asked about this ongoing investigation, ‘There is no place in the San Francisco Police Department – and shouldn’t be in any police department – for a dishonest cop.’ Should these officers be proven guilty of any of the charges as alleged, I will seek immediate termination and expect that the Police Commission will agree and act expeditiously to make that happen.
I am grateful to US Attorney Melinda Haag, former Special Agent in Charge Stephanie Douglas, and current Special Agent in Charge of the FBI David Johnson for their thorough and comprehensive investigation into this matter.
Although federal authorities have represented that they found no evidence that the conduct of these few officers, as alleged, is an indicator of a larger “systemic concern” within the SFPD, I want to assure the public that policies, procedures, and on-going training to those policies and procedures; along with additional supervision of officers working in plainclothes was put in place during the first weeks of my administration to safeguard against even the suggestion of anything like this happening again.”
The maximum statutory penalties are as follows:
Count 1: Civil rights conspiracy, 18 U.S.C. § 241 – 10 years/$250,000;
All Southern Station Defendants
Count 2: Deprivation of rights under color of law, 18 U.S.C. § 242 – 1 year/$250,000;
Defendants Razzak and Yick
Count 3: Deprivation of rights under color of law, 18 U.S.C. § 242 – 1 year/$250,000;
All Southern Station Defendants
Count 4: Falsification of records, 18 U.S.C. § 1519 – 20 years/$250,000;
Defendants Razzak and Yick
Count 5: Falsification of records, 18 U.S.C. § 1519 – 20 years/$250,000;
Defendant Razzak
Count 6: Falsification of records, 18 U.S.C. § 1519 – 20 years/$250,000;
Defendant Yick
The maximum statutory penalties are as follows:
Count 1: Drug conspiracy, 21 U.S.C. § 846 – 20 years/$1,000,000;
All Mission Station Defendants
Count 2: Drug distribution, 21 U.S.C. § 841(a) – 20 years/$1,000,000;
All Mission Station Defendants
Count 3: Civil rights conspiracy, 18 U.S.C. § 241 – 10 years/$250,000;
All Mission Station Defendants
Count 4: Federal program theft conspiracy, 18 U.S.C. § 371 – 5 years/$250,000;
All Mission Station Defendants
Count 5: Federal program theft, 18 U.S.C. § 666(a)(1)(A) – 10 years/$250,000;
All Mission Station Defendants
Count 6: Extortion under official right, 18 U.S.C. § 1951 – 20 years/$250,000;
Defendant Furminger
The federal investigation began after SF District Attorney George Gascon referred the matter to federal authorities citing a conflict of interest. In March 2011, SF Public Defender Jeff Adachi released hotel surveillance video from a hotel in the Tenderloin neighborhood of several SF police officers in everyday clothing entering rooms at the hotel, which according to Mr. Adachi, were not consistent with police reports and sworn police testimony.
The federal authorities along with the SFPD Internal Affairs Criminal Division launched their investigations into the SFPD officers’ behavior in both the Mission and Southern Districts which lead to two separate indictments.
The case is being prosecuted by Assistant U.S. Attorneys in the Special Prosecutions and National Security Unit of the United States Attorney’s Office. An indictment contains only allegations and, as with all defendants, the defendants in this case must be presumed innocent unless and until proven guilty.
By LaDale Anderson
