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August
15,
2004
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Excuse Me, Mr. Terrorist, There's No One Home
by Johnny Gunn
With the major problem of federal officials saying they had warned Las Vegas officials of the potential for terrorist attacks, and Las Vegas officials denying, then agreeing that they had been warned, I thought it would be a good idea to go to the Nevada Department of Homeland Security and get the straight scoop. I started out by looking at their web page, http://homelandsecurity.nv.gov and found the number they recommend we call, 775-687-7320.
To my utter amazement the Nevada Homeland Security web site has not been updated since June 19, 2004, but wait, there's more. I called the phone number three times over a three day period, and each time, I got the recorded message, "We are either away from the phones or on other lines. Please leave a message and we'll get right back to you."
The recorded message goes on to say, "If this is an emergency call, please contact the Nevada Highway Patrol." No one ever returned my calls, number one, but more frustrating, if I am aware of a terrorist plot coming down, I'm to call the highway patrol? Not the FBI?
When Jerry Bussell resigned as Nevada's homeland security boss, he said his office staff, all three of them, were resigning as well. Does this mean that the new homeland boss, George Togliatti hasn't replaced his staff?
Togliatti is also the Director of the Nevada Public Safety Department, and Kim Evans is the information officer for the department. Ms Evans said there is just one person in the Homeland Security office and isn't available to come to the phone very often. Evans reminded me that George Togliatti is an interim director, and the governor is making plans to name his new Nevada Homeland Security boss soon.
We had some questions for the Governor's Homeland Security Department. For instance, was the department aware of the Las Vegas threat two years ago, and if so, why weren't we, the citizens of the state?
But I guess we'll just have to wait until Mr. Togliatti's replacement gets a little more comfortable with his position. Or until the first terrorist bomb goes off. Whichever comes first.
But getting back to making that call. Agents with the FBI have apparently known of potential terrorist threats to the Las Vegas strip, possibly as far back as 1997, when those video tapes showed up in Detroit and Spain, and, again, no communication with either the local FBI office in Las Vegas, or with Clark County police agencies. But, it turns out, that isn't completely true. Because of a court ordered gag order in Detroit, the public was denied the knowledge, but Clark County police agencies were aware, just couldn't say anything.
When federal terrorism investigators are forced to lie, or become uncommunicative, why should it be a surprise when a state terrorism official feels justified in not operating an office. By the way, isn't that office currently budgeted? Where's that money going?
A sleeper cell of terrorists in Detroit holding videotapes of Las Vegas targets, federal investigators unwilling to divulge the information even to their local agent, and the Nevada Homeland Security boss suggests we call the Nevada Highway Patrol if we discover a terrorist plot. Homeland security is getting curiouser and curiouser.
Phone's ringing, no one's home.
Contributions & Expenses Reports Brings Five Count Indictment
Janet Moncrief, Las Vegas City Councilwoman Brought To The Bar By Grand Jury Investigation
by Johnny Gunn
A Clark County Grand Jury has issued a five-count indictment charging Las Vegas City Councilwoman Janet Moncrief with willfully violating Nevada's election laws. The indictments were issued by Nevada Attorney General Brian Sandoval, and the case will be heard in Clark County District Court. For a complete look at the indictment, click here.
Moncrief could lose her position on the city council if any of the felony charges are upheld. One of those charges is for perjury, the other four have to do with submitting false campaign reports. According to the Attorney General, Moncrief would be the first elected official to be indicted on felony campaign violations.
During March and April of this year, the Nevada Observer ran a series of articles and features on campaign law in Nevada, in particular Contributions and Expenses (C&E) reports. There were some that suggested there might be better things to do with our time since no one reads the reports anyway.
Wrong.
Assemblyman Chad Christiansen of Las Vegas was found to be out of compliance with the rules and was fined $4,500, which brings up one of the articles that must be pursued during the next legislative session. By law, a violation such as willfully filing false campaign reports is a felony with harsh penalties. Using campaign funds for personal use, also a violation, is not.
Chad Christiansen was charged with spending campaign funds for his personal use, and was fined for doing so. There is more than one elected official who refuses to file campaign finance forms, and appears to be getting away with it, at least for the time being. Assemblyman Wendell Williams of Las Vegas is facing thousands of dollars in fines, but there is all-quiet on that front.
Several members of the Independent American Party have also refused to disclose their finances. They file blank forms, and there have been a few sticks rattled in their direction, but no charges of any kind have been filed.
This is a three-part failure as I see it. The laws need to be changed so everyone is playing on the same turf, so that those seeking or holding office fully understand the law and the consequences that can come their way if they fail to follow the rules.
Secondly, the Secretary of State must have the authority to audit the C&E reports and demand that charges be filed when he finds discrepancies. At this time, the only way an investigation can take place is if a citizen files a complaint. This is wrong. The Secretary of State is the "elections chief" of the state and should be responsible for seeing to it the rules and laws are followed.
And thirdly, those who hold office are treated differently from those seeking office, and this can be very confusing to the general electorate.
In the Moncrief matter, there would have been no grand jury investigation if Jim Ferrence, Michael McDonald's campaign manager hadn't filed a complaint with Secretary of State Dean Heller. McDonald is the man Moncrief defeated in her bid for the city council. Five felony charges would not have been brought to light because of this flaw in the current campaign law.
Assemblywoman Chris Giunchigliani is the chair of the assembly committee responsible for campaign law. A call or two her way might get the ball rolling, although she has been quoted as saying changes will be discussed by her committee.
IND
BRIAN SANDOVAL
ATTORNEY GENERAL
555 E. Washington Ave, Suite 3900
Las Vegas, Nevada 89102
(702) 486-3222
Attorney for Plaintiff
DISTRICT COURT
CLARK COUNTY, NEVADA
* * *
THE STATE OF NEVADA, )
)
Plaintiff, )
)
vs. ) Case No. 04AGJ019X
) Dept. No.
JANET MONCRIEF, ) Docket
)
)
Defendant. ) INDICTMENT
)
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
The Defendant above named, JANET MONCRIEF, accused by the Clark County Grand Jury of the crime of OFFERING FALSE INSTRUMENT FOR FILING OR RECORD, in violation of NRS 239.330, committed at and within the County of Clark, State of Nevada, on or between the 1st day of April, 2003 through the 15th day of August, 2003, and the crime of STATEMENT MADE IN DECLARATION UNDER PENALTY OF PERJURY in violation of NRS 199.145, committed at and within the County of Clark, State of Nevada, on the 15th day of August, 2003 as follows:
COUNT ONE
OFFERING FALSE INSTRUMENT FOR FILING OR RECORD
( A VIOLATION OF NRS 239.330)
The defendant, JANET MONCRIEF, did knowingly, willfully and unlawfully procure or offer any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in a public office under any law of this state or of the United States to wit: JANET MONCRIEF was required to report any campaign contributions in excess of $100.00 or more, In-kind contributions or expenses in excess of $100.00 or more, and/or expenses in excess of $100.00 or more, in a campaign contribution report covering the period of July 8, 1999 through March 27, 2003. When JANET MONCRIEF filed her first campaign contribution report on April 1, 2003, she did not report the In-kind contributions and/or expenses of Steve Miller and/or Tony Dane as non-volunteer campaign consultants incurred from February 2003 to March 27, 2003 and/or JANET MONCRIEF did not report the amount of money paid to certain individuals who walked Ward One in the City of Las Vegas on behalf of Candidate JANET MONCRIEF from March 1 -27, 2003.
COUNT TWO
OFFERING FALSE INSTRUMENT FOR FILING OR RECORD
( A VIOLATION OF NRS 239.330)
The defendant, JANET MONCRIEF, did knowingly, willfully and unlawfully procure or offer any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in a public office under any law of this state or of the United States to wit: JANET MONCRIEF was required to report any campaign contributions in excess of $100.00 or more, In-kind contributions or expenses in excess of $100.00 or more, and/or expenses in excess of $100.00 or more, in a campaign contribution report covering the period of March 28, 2003 through May 22, 2003. When JANET MONCRIEF filed her second campaign contribution report on May 27, 2003, she did not report the In-kind contributions and/or expenses of Steve Miller and/or Tony Dane as non-volunteer campaign consultants incurred from March 28, 2003 through May 22, 2003 and/or JANET MONCRIEF did not report the amount of money paid to certain individuals who walked Ward One in the City of Las Vegas on behalf of Candidate JANET MONCRIEF from March 28, 2003 through May 22, 2003 and/or JANET MONCRIEF did not report the expenses relating to certain campaign flyers produced by J.C. Evans Communications and/or the in-kind contribution of a van by SavMor Rent-A-Car March 28, 2003 through May 27, 2003.
COUNT THREE
OFFERING FALSE INSTRUMENT FOR FILING OR RECORD
( A VIOLATION OF NRS 239.330)
The defendant, JANET MONCRIEF, did knowingly, willfully and unlawfully procure or offer any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in a public office under any law of this state or of the United States to wit: JANET MONCRIEF was required to report any campaign contributions in excess of $100.00 or more, In-kind contributions or expenses in excess of $100.00 or more, and/or expenses in excess of $100.00 or more, in a campaign contribution report covering the period of March 28, 2003 through May 22, 2003. When JANET MONCRIEF filed an amended campaign contribution report on May 27, 2003, she did not report the In-kind contributions and/or expenses of Steve Miller and/or Tony Dane as non-volunteer campaign consultants incurred from March 28, 2003 through May 22, 2003 and/or JANET MONCRIEF did not report the amount of money paid to certain individuals who walked Ward One in the City of Las Vegas on behalf of Candidate JANET MONCRIEF from March 28, 2003 through May 22, 2003 and/or JANET MONCRIEF did not report the expenses relating to certain campaign flyers produced by J.C. Evans Communications and/or the in-kind contribution of a van by SavMor Rent-A-Car March 28, 2003 through May 27, 2003.
COUNT FOUR
OFFERING FALSE INSTRUMENT FOR FILING OR RECORD
( A VIOLATION OF NRS 239.330)
The defendant, JANET MONCRIEF, did knowingly, willfully and unlawfully procure or offer any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded in a public office under any law of this state or of the United States to wit: JANET MONCRIEF was required to report any campaign contributions in excess of $100.00 or more, In-kind contributions or expenses in excess of $100.00 or more, and/or expenses in excess of $100.00 or more, in a campaign contribution report covering the period of May 23, 2003 through July 3, 2003. When JANET MONCRIEF filed a campaign contribution report on August 15, 2003 she did not report the In-kind contributions and/or expenses of Steve Miller and/or Tony Dane as non-volunteer campaign consultants incurred from May 23, 2003 through July 3, 2003 and/or JANET MONCRIEF did not report the amount of money paid to certain individuals who walked Ward One in the City of Las Vegas on behalf of Candidate JANET MONCRIEF from May 23, 2003 through July 3, 2003 and/or JANET MONCRIEF did not report the expenses relating to work perform by Zignature International from May 23, 2003 through July 3, 2003 and/or the in-kind contribution of a van by SavMor Rent-A-Car May 23, 2003 through July 3, 2003.
COUNT FIVE
STATEMENT MADE IN DECLARATION UNDER PENALTY OF PERJURY
(A VIOLATION OF NRS 199.145)
The defendant, JANET MONCRIEF, did knowingly, willfully and unlawfully, in a declaration made under penalty of perjury, (1) make a willful and false statement in a matter material to the issue or point in question, or (2) did willfully make an unqualified statement of that which he does not know to be true, or who suborns another to make in such a declaration a statement of the kind described in (1) and (2) to wit: JANET MONCRIEF was required to report any campaign contributions, In-kind contributions or expenses, and/or expenses in excess of $100.00 or more, in a campaign contribution report covering the period of May 23, 2003 through July 3, 2003. That on August 15, 2003 JANET MONCRIEF submitted a campaign contribution report that did not report the in-kind contributions of consultants Steve Miller and/or Tony Dane during the period of May 23, 2003 through July 3, 2003 and/or JANET MONCRIEF did not report the amount of money paid to certain individuals who walked Ward One in the City of Las Vegas on behalf of Candidate JANET MONCRIEF from May 23, 2003 through July 3, 2003 and/or JANET MONCRIEF did not report the expenses relating to work perform by Zignature International from May 23, 2003 through July 3, 2003 and/or the in-kind contribution of a van by SavMor Rent-A-Car during the period of May 23, 2003 through July 3, 2003. This report was signed by JANET MONCRIEF and filed under declaration of penalty of perjury that the contents of the report were true and correct.
All of which is contrary to the form, force and effects of the statutes in such cases made and provided against the peace and dignity of the State of Nevada.
DATED this day of August, 2004.
BRIAN SANDOVAL
ATTORNEY GENERAL
By:
CONRAD HAFEN
Senior Deputy Attorney General
Nevada Bar #3727
NDI Report # 03-001257
ENDORSEMENT: A True Bill
_____________
FOREPERSON, Clark County Grand Jury
WITNESSES
Steve Miller
Tony Dane
Jerry Wolkon
Betty Schulte
Jeff Evans
Jenna DiMartini
Dave Tonan
Don Rienzo
Letters We Get
Editor, The Nevada Observer,
Another great issue, once again a quality publication. The travel story by Donald Cook was very good. I've spent lots of time in Kingston Canyon and it is indeed a special place. My father, Marvin Gandolfo, used to be a hunting guide and packer with a base camp in the canyon. I've ridden horseback along the steep trails of Kingston many times, enjoying the views of gnarled mahogany and vibrant aspen and birch trees. It is surely a worthwhile trip for anyone wanting to see another example of the "Real Nevada".
Keep up the good work
Buckey Gandolfo
Battle Mountain, NV
•••
Editor, The Nevada Observer
I've been trying to keep track of the workings of the new electronic voting machines, the touch screen machines, and I haven's seen the issue of write-in candidates discussed. Is it possible with those machines to have a write-in candidacy?
Thanks for looking into this, but please don't use my name.
Dear Reader,
The Nevada Observer talked with Steve George at the Secretary of State's office and he informed us that in Nevada, write-in campaigns aren't allowed. Probably not the answer you were looking for. ed.