High Desert Perspective

Posted By Dan Wilson on March 20, 2009

The San Bernardino County District Attorney’s office has arrested and filed charges against Supervisor Neil Derry’s Chief of Staff, James H. Erwin, 46. According to Susan Mickey, officers from the Public Integrity Unit made the arrest “without incident” Thursday morning at government offices. Mickey says the arrest stems for the criminal investigation into the San Bernardino County Assessor’s Office.

Here is the complete report from Mickey:

San Bernardino, CA – Today, as a result of the ongoing criminal investigation into the San Bernardino County Assessor’s Office, District Attorney Investigators from the Public Integrity Unit arrested James H. Erwin, 46. Erwin, who is County Supervisor Neil Derry’s Chief of Staff, was arrested this morning without incident at the County Government Center.

Erwin was charged with ten felony counts including: Eight counts of Perjury by Declaration (PC 118) and two counts of Offering a False or Forged Instrument for Filing (PC 115(a). If convicted on all counts, Erwin could receive as much as 11 years in state prison. Bail was set in the amount of $220,000.

The criminal investigation is continuing.

Here is part of the complaint:

COUNT 1

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was committed by James H. Erwin, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony declaration deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: failed to disclose receipt of Rolex watch on or about January 29, 2007 on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 2

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BYDECLARATION, in violation of PENAL CODE SECTION 118, a felony, was omitted by James H. Erwin, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: failed to disclose receipt of round trip air transportation by Private Jet between January 28, 2007 and January 31, 2007, on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 3

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was omitted by James H. Erwin, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: failed to disclose receipt of food and beverage provided between the dates of January 28, 2007 to January 31, 2007, on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 4

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was committed by James H. Erwin, being a person who testified, declared, deposed and and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: failed to disclose receipt of overnight lodging, New York City, New York on or about
January 29, 2007 through January 30, 2007, on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 5

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was committed by James H. Erwin, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, depositon and certification with the intent it be published as true to wit: failed to disclose receipt of theatre ticket on or about January 29, 2007, on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 6

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was committed by James H. Erwin, who did unlawfully, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: failed to disclose receipt of prostitution and masseuse services on or about January 30, 2007, on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 7

On or about April 1, 2008, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was committed by James H. Erwin, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: failed to disclose receipt of overnight lodging on or about January 30, 2007 through January 31, 2007, Washington D.C. on Fair Political Practice Commission Statement of Economic Interest form 700.

COUNT 8

On or about April 1, 2008, in the above named judicial district, the crime of PROCURES OR OFFERS ANY FALSE OR FORGED INSTRUMENT FOR FILING, in violation of PENAL CODE SECTION 115(a), a felony, was committed by James H. Erwin, who did unlawfully and knowingly procure and offer a false and forged instrument to be filed, registered and recorded in a public office within the state which instrument if genuine might be filed, registered and recorded under the law of this state or the United States..

COUNT 9

On or about February 4, 2009, in the above named judicial district, the crime of PERJURY BY DECLARATION, in violation of PENAL CODE SECTION 118, a felony, was committed by James H. Erwin, being a person who testified, declared, deposed and certified under penalty of perjury in a case in which such testimony, declaration, deposition and certification is permitted by law under penalty of perjury, did state as true a material matter which he knew to be false and delivered such testimony, declaration, deposition and certification with the intent it be published as true to wit: false declaration of income and valuation in Fair Political Practice Commission Statement of Economic Interest form 700 Amendment.

COUNT 10

On or about February 4, 2009, in the above named judicial district, the crime of PROCURES OR OFFERS ANY FALSE OR FORGED INSTRUMENT FOR FILING, in violation of PENAL CODE SECTION 115(a), a felony, was committed by James H. Erwin who did unlawfully and knowingly procure and offer a false and forged instrument if genuine might be filed, registered and recorded under the law of this state or the United States.

Categories: Law, San Bernardino County
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