The Mercury News

Four indicted in gun-permit scandal

Captain, three supporters of sheriff charged with conspiracy and bribery

- By Robert Salonga rsalonga@ bayareanew­sgroup.com

SAN JOSE >> A grand jury has indicted a Santa Clara County sheriff’s captain and three political supporters of Sheriff Laurie Smith for allegedly brokering a pay-for-play scheme where campaign donations were exchanged for concealed-carry weapons permits.

Santa Clara County District Attorney Jeff Rosen announced felony charges including conspiracy and bribery against Capt. James Jensen; Christophe­r Schumb, an officer for a sheriff reelection committee and a prominent South Bay litigator; attorney Harpaul Nahal; and Milpitas gun-parts maker Michael Nichols. All four are accused of plotting to illegally secure concealedg­un permits for Seattlebas­ed executive security contractor AS Solution.

Rosen said Friday that an 18-month investigat­ion

uncovered a two-tiered policy for the permits: a process for regular citizens whose applicatio­ns were destined for a filing cabinet, and VIPs whose applicatio­ns were fast-tracked for approval.

“My office’s concern is not whether the sheriff grants many or few CCW licenses, but whether they are being granted or denied for the wrong reasons,” Rosen said. “CCW licenses should not be given out in exchange for campaign donations. They should not be for sale.”

A criminal grand jury was impaneled in July and began convening about two weeks ago. When asked whether Smith or other commanders were involved, Rosen declined to comment, citing the active investigat­ion.

“We are not done,” he added.

Jensen has been placed on administra­tive leave, the sheriff’s office said Friday, adding that “we will continue to monitor the situation and have no further informatio­n at this time.”

Harry Stern, the attorney representi­ng Jensen, said in a statement that his client is “devastated” by the indictment. Stern also argued Jensen did not benefit from handling the AS Solution permits and alluded to the fact that Smith is the only person in the sheriff’s office who can approve a concealed gun permit.

“He doesn’t have the authority to grant permits nor did he receive anything for processing them,” Stern said.

Brian Jantzen, executive vice president for AS Solution, said the company “has provided its full cooperatio­n” to the district attorney’s office but declined to comment on the indictment, citing the ongoing investigat­ion.

“The AS Solution team is committed to ethical and lawful practices and full cooperatio­n with law enforcemen­t,” Jantzen said in a statement. “We are focused on continued service to our clients and ensuring that our ethical standards are upheld.”

Messages left for Schumb, Nahal and Nichols were not immediatel­y returned Friday.

Multiple sources familiar with the CCW review process have told this news organizati­on that the only qualificat­ion that approved applicatio­ns had in common was a directive from Smith or one of her top commanders. Rejected or non-processed applicatio­ns, sources said, often went into a drawer and weren’t looked at again.

Rev. Jethroe Moore, president of the San Jose-Silicon Valley NAACP chapter, says he was denied a permit renewal after he refused to support Smith’s 2018 reelection bid. Moore has called for Smith to step down.

“If you don’t play in her court, you don’t get one,” he said Friday. “This is a continued pattern of misleaders­hip under her.”

Neither Martin Nielsen, the AS Solution executive who made the illicit donation, nor five other alleged co-conspirato­rs who worked for the company at the time, including CEO Christian West, were the subject of indictment. When asked why they have not been charged despite being mentioned repeatedly in the current indictment, the district attorney’s office said “more charges are forthcomin­g.”

Rosen said his office began investigat­ing Nielsen’s donation after an inquiry by the Metro Silicon Valley weekly newspaper. It was the only donation Nielsen ever made to support Smith and dwarfed all other donations to the committee.

Prosecutor­s allege Jensen worked with the other defendants to secure concealed-gun permits for “as many as 10 to 12” AS Solution employees in exchange for $90,000 in donations to support Smith’s reelection.

Financial disclosure records plainly show that in October 2018, an initial $45,000 donation was made by Nielsen — bankrolled by his company — to the Santa Clara County Public Safety Alliance, for which Schumb was assistant treasurer. Rosen said a second payment meant for the Sheriff’s Advisory Board was “forestalle­d” by the investigat­ion.

Nielsen was granted a permit the following March, along with several of his colleagues.

According to the indictment, Nichols contacted Nahal in April 2018 to set up a meeting with Nielsen, whom Nichols described as a “buddy,” to help Nielsen secure CCW permits for his company’s executive protection agents, who protected high-profile figures such as Facebook CEO Mark Zuckerberg and COO Sheryl Sandberg.

Nichols allegedly texted Nahal, “it’s a potential $50K.”

That led to a meeting between Nielsen, West, Nichols, Nahal and Schumb in May 2018 and led to Nielsen attending a “Best of the West” police skills competitio­n hosted by the sheriff’s office soon after. At that event, prosecutor­s say Nichols introduced Nielsen to Jensen, and they “agreed in principle” to exchange political donations for concealed-carry permits.

Over the next month, a group of executive-protection agents were directed by AS Solution manager Jack Stromgren to list false employers and addresses to fulfill legal requiremen­ts that county concealed-gun permits can only be issued to county residents.

That October, a month before Smith’s toughest reelection vote since she took office in 1998, prosecutor­s say Nielsen, at the direction of Jensen, went to Schumb’s downtown San Jose law office and handed him a $45,000 check.

Jensen has also been charged with falsifying firearms proficienc­y forms for seven permit recipients: Nielsen and six people unrelated to the alleged AS Solution conspiracy, including county supervisor Mike Wasserman, whose office did not immediatel­y respond to a request for comment Friday. Prosecutor­s said the recipients’ permits were issued or renewed without having to complete the requalific­ation requiremen­ts.

According to the indictment document, the grand jury saw three former and current sheriff public informatio­n officers whose jobs included handling gun permit applicatio­ns. Jensen was a former PIO but was a lieutenant, and then captain, during the time that the alleged crimes took place. Smith, her secondin-command Undersheri­ff Rick Sung, Wasserman, several AS Solution employees and several permit recipients also gave testimony.

Whether Jensen was part of a line of supervisor­s over the years carrying out a corrupt system in issuing of gun permits could come in the grand jury transcript, which will be released in the coming weeks. The permits are bestowed at the sheriff’s discretion and given out relatively rarely compared to other counties in California, a selectivit­y that critics say paves the way for favor trading.

 ?? DAI SUGANO — STAFF PHOTOGRAPH­ER ?? Santa Clara County District Attorney Jeff Rosen on Friday in San Jose announces the indictment of four people for allegedly arranging political bribes in exchange for concealed gun permits.
DAI SUGANO — STAFF PHOTOGRAPH­ER Santa Clara County District Attorney Jeff Rosen on Friday in San Jose announces the indictment of four people for allegedly arranging political bribes in exchange for concealed gun permits.

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