U.S.A. –-(AmmoLand.com)- A Santa Clara County, California grand jury has issued indictments accusing two-county Sheriff’s Office officials, a local business owner and the Global Security chief for Apple, Inc., with bribery in an alleged effort to trade iPads in exchange for concealed carry licenses for Apple employees.
A news release from the Santa Clara County District Attorney’s office named Undersheriff Rick Sung, Sheriff’s Capt. James Jensen, Apple Chief Security Officer Thomas Moyer, and insurance broker Harpreet Chadha as the subjects of the indictments.
AmmoLand News spoke directly with Sean Webby, public communications officer for the District Attorney’s office, who said the defendants will be arraigned on Jan. 11, 2021. At that hearing, he said, the court will determine whether there is enough evidence “to go forward to a trial.”
According to CNET, a newsgroup that covers the tech industry, the indictments came following a two-year investigation into the sheriff’s office. The San Jose Mercury News is also reporting on the charges.
“Undersheriff Sung and Captain Jensen treated CCW licenses as commodities and found willing buyers,” DA Jeff Rosen alleged. “Bribe seekers should be reported to the District Attorney’s Office, not rewarded with compliance.”
In the DA’s prepared statement, the office further alleged, “In the case of four CCW licenses withheld from Apple employees, Undersheriff Sung and Cpt. Jensen managed to extract from Thomas Moyer a promise that Apple would donate iPads to the Sheriff’s Office. The promised donation of 200 iPads worth close to $70,000 was scuttled at the eleventh hour just after August 2, 2019, when Sung and Moyer learned of the search warrant that the District Attorney’s Office executed at the Sheriff’s Office seizing all its CCW license records.”
In Chadha’s case, the statement alleged, “Sung managed to extract from Chadha a promise of $6,000 worth of luxury box seat tickets to a San Jose Sharks hockey game at the SAP Center on Valentine’s Day 2019. Sheriff Laurie Smith’s family members and some of her biggest political supporters held a small celebration of her re-election as Sheriff in the suite.”
Concealed carry permits are not easy to obtain in Santa Clara County. California is a discretionary issue state, so each law enforcement agency can be as generous or as tight with carry permits.
According to Rosen’s office, “The various fees required to obtain a CCW license generally total between $200 and $400.”
In California, as in most other states that do not have so-called “constitutional carry” statutes, carrying a concealed firearm without a license or permit is a crime. The District Attorney’s news release acknowledged “Although state law requires that the applicant demonstrate “good cause” for the license, in addition to completing a firearms course and having good moral character, the sheriff has broad discretion in determining who should qualify.”
According to the CNET report, “Moyer’s attorney insisted on his innocence of the charge and said he was ‘collateral damage’ in a bitter public dispute between the Sheriff’s Department and DA’s office.”
The story quoted Moyer’s attorney, Ed Swanson, who said in a statement his client “did nothing wrong and has acted with the highest integrity throughout his career. We have no doubt he will be acquitted at trial.”
Over the years, gun rights activists have contended that “discretionary issue” laws can easily create an environment where the process can be abused, with permits being issued only to certain officials, wealthy elites, or political supporters of the local sheriff. That does not appear to be what is alleged in the Santa Clara County case, however, but a straight instance of alleged bribery.
AmmoLand checked and found that as far back as 2011 there were complaints about how Santa Clara County issued carry permits. In December 2011, the California County News reported, “Santa Clara County Sheriff Laurie Smith is under fire over her department’s process for awarding concealed weapons permits. For instance, a former police officer who owned an investigative firm had his permit request turned down by Smith, so now the Sheriff’s Department is facing a lawsuit for allegedly handing out the permits in an arbitrary manner.”
Smith is still sheriff.
Other states have “shall issue” requirements that mandate that applicants who pass background checks and meet any other statutory requirements must be issued a carry license or permit.
Earlier this year, a group of gun rights organizations including the Second Amendment Foundation, National Rifle Association, Firearms Policy Coalition, California Association of Federal Firearms Licensees, Inc., and California Gun Rights Foundation sued several Bay Area governments including Santa Clara County over regulations that allegedly banned the operation of gun stores and shooting ranges.
They were joined by at least four businesses and several individual citizens. That lawsuit was filed in federal court.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
“May Issue” regulations always result in corruption.
Other things that always result in corruption:
Message: Do not give the government more power, because it will be abused.
‘maryland politicals’ has a MAY(NOT)ISSUE directive by the state police.
And I bet the following people can get a permit:
And I bet the following people cannot get a permit:
Police should not be deciding who gets a permit (no permit should even be required). They should be investigating and arresting people who did bad things.
Apple employees wanting a concealed carry permit???
Say it isn’t so!
All big corporations have official,anti-bribery policies. Most have mandatory anti-bribery/anti-corruption training. Apple should be investigating all involved employees including those seeking CCW (if they knew this was being done on their behalf), supervisors, and their training program. At a minimum Moyer and his supervisor should be fired for putting apple in position of appearing to allow corruption. How do we insure Apple investors know about this? As for the sheriff’s office – I highly doubt those two were the only ones involved or aware of the scheme. Even if they were, failure to supervise goes all the way to the… Read more »
My contacts at SCSD says this is nothing new. Add to that California is the state of crime and you have the California Crime Family known as DEMOCRATS.
Nothing new here. This has been going on for decades in the Progressive Utopia of Kalifornia. Lee Baca, former sheriff of LA County was racked up on a federal indictment for nefarious dealings. CCW sale was just one incident. Contra Costa County expected a maximum donation to the Sheriff reelection fund to renew a CCW. These allegations have been swirling around Santa Clara County for over 10 years. YOu see, the progressives who run these counties and the state as a whole do not acknowledge your right to keep and bear arms as a natural right. They view it as… Read more »
A premier example as to why any infringement is illegal on its face. If they didn’t have this fake permit law these two wouldn’t be in trouble trying to sell a right! Think about that, in California you have to buy your rights.
Meanwhile, domestic violence victims, stalking victims, late shift workers who had to walk home, etc., were denied permits.
Do I have to get governments permission to breathe? How about walk down apublic road at any time? Using any sort of lock or safe to secure any given piece of my personal property.? Eat food? Attend a church meeting, even in time of a bogus virus claim? Write a letter to the editor? Or to my elected representatives or even governor? Then WHY must I pay da gummit in advance as a precondition of using my God-given right, named and assured by the Constitutin of my country, for Mother May I Card in order to carry about upon my… Read more »
This is the pot calling the kettle black. The DA’s Office prosecutes based on the status of the parties involved. They will often file false criminal charges against individuals who have a claim against the City of SJ Police or County Sheriff to prevent a timely filing of a claim/civil suit against that City or County. California law does not allow Civil suits to proceed if a criminal complaint is filed.
Silicon Valley politics has always been pay to play unless you are paying some entity that is at risk of a vindictive DAs Office.
And the same back to you, Musicman. We hope your Thanksgiving and the entire holiday season is joyous.
Thanks for reading and sharing Ammoland!
It remains to be seen what will happen to those that have been charged. They will probably have all the charges dismissed, get a smack on the wrist, and an admonishment not to do that again. Such is the state of The Peoples Republik of Kalifornia!
Nobody: While the scenario you describe is certainly possible, a grand jury did investigate the department for 2 years. That’s no small undertaking. We’ll have to see how this shakes out.
Meanwhile, thanks for reading Ammoland!
nothing will happen to them, just a waste of money for lawyers. the people that pay all the taxes in this country are going to get fed up with this crap. a revolution is coming
Putting the con into Silicon Valley.
FYI: Just —- TRY —- and get a carry permit, which is against the Second Amendment, from the ‘maryland state police. One of the requirements is that you have IMMEDIATE court documentation that YOU are in PROVABLE danger. I asked the police why I cannot get a carry permit. His response was: “You don’t like the law —— CHANGE IT.”
With most of the dictator DemoKKKrats controlling maryland government, this is EXTREMELY DIFFICULT!!
If you live in a progressive utopia like CA, NY, NJ, CT, MA or even MD proving that you are in eminent danger is easy. You are in eminent danger from your own government.
imminent
@Laddu oh – Police response was actually correct. We are a nation under “rule of law”. While we expect police to refuse unreasonable orders – their job is to enforce laws as written and interpreted by courts. Can you imagine if cops decided to just enforce whatever they thought should be the law? You would get situations like SCSD accepting bribes, and the NJ case of security guard arrested for having illegal hollow point ammo when he had critical defense – explicitly described by NJ-DOJ as NOT being HP (since cavity is polymer filled). Officer you spoke with probably meant… Read more »
All the things Mao, Stalin, Hitler, the Kim family, Castro, Chavez, etc. did were legal. Those things killed over 100,000,000 people, and they were obviously wrong, but they were the law. Defendants at Nuremburg tried using your logic at their trials (“I was just following legal orders”). Sometimes the law is so obviously wrong that not only should LEOs be in the right for not enforcing the law, they should be expected to not enforce the law. The time for LEOs to not enforce certain laws that are wrong is fast approaching. By the way, many LEOs already use a… Read more »
I know of a gentleman in California that applied for a permit to carry and it took them awhile to approve it, he carried CCW the entire time he was waiting.