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Sheriff Joe Arpaios Command Staff is Caught Up in a Serious Criminal Investigation, Newly Released Documents ShowBy Sarah FenskePublished on September 01, 2009 at 4:23pmFive months ago, investigators with the Arizona Attorney General's Office raided the home of one of Sheriff Joe Arpaio's favored commanders — seizing computers, cell phones, bank records, and other documents. This week, thanks to the work of this newspaper's attorneys, information about that raid has finally been revealed. That information includes the evidence that investigators presented to Pinal County Judge Robert Carter Olson in order to get a search warrant. It contains some stunning new details, including the hitherto undisclosed role of a campaign consultant in connecting high-ranking sheriff's officers to the Arizona Republican Party. And, perhaps more importantly, it's allowed New Times to confirm something that our readers and political observers have long suspected: Captain Joel Fox, his colleagues on the sheriff's command staff, and the wealthy donors to their SCA fund are under criminal investigation. And it's serious. Documents suggest that a grand jury has been impaneled on the case. And things may be finally reaching a conclusion. The AG wrote in one motion to the court that "very few witnesses remain to be interviewed." The AG is looking at the possibility that Fox and his cohorts have committed felonies including fraud schemes and practices by willful concealment, making prohibited political contributions, and money laundering, records show. The case is ongoing. "Is it your avowal that this is still an active investigation?" Judge Olson asked the assistant attorney general on the case, Todd Lawson, in a court hearing Monday. "It certainly is," Lawson replied. As we know now, Captain Fox opened the SCA bank account in October 2006 and quickly drew contributions from his fellow commanders at the MCSO, who donated via direct deposit from their county paychecks. Fox also got contributions from a half-dozen wealthy businessman — one of whom, Steve Ellman, is a friend of the sheriff's. Fox has protested that the money wasn't earmarked for anything in particular, but the money trail shows that soon after Fox donated $80,000 to the state Republican Party, the party wired $78,000 to a company that produced a vicious ad attacking Sheriff Arpaio's opponent, Dan Saban. (Fox later gave the GOP a second check from the SCA, which financed ads for Maricopa County Attorney Andrew Thomas and County Supervisor Fulton Brock.) Then Fox spent nine months refusing to name his donors, in violation of state law. Investigators at the Attorney General's Office clearly believe Fox and his fellow commanders raised the money to help Arpaio — and to hold onto their jobs. That, they believe, is what the obvious money-laundering scheme was designed to conceal. "Based on prior Sheriff Department elections and the animosity between the two candidates, it is probable that at least several of the SCA contributors would have lost their positions within the Maricopa County Sheriff's Office if Dan Saban had been elected sheriff," Special Agent Mike Edwards wrote in an affidavit filed with the court. If the sheriff's officers did, in fact, engage in money laundering, they must have done so with the complicity of the Arizona Republican Party. Edwards notes in his affidavit that both Captain Fox and the chairman of the Republican Party, Randy Pullen, insisted to a lawyer hired by the county that the funds were not earmarked to help Arpaio. Subpoenaed bank records, Edwards notes, shows those statements are false — "a material misrepresentation in a written document in a matter related to the business conducted by a political subdivision of the State, knowing such statement is false." In other words, Edwards believes that not only did Fox break the law — Arizona Republican Chairman Randy Pullen broke it, too. Isn't about time that someone in the Republican Party got mad about this? And what about the Sheriff's Office? Among the items seized from Fox's home in March was his work computer. Even if Arpaio doesn't care that one of his commanders is laundering money or lying to the county's designated lawyer or hiding illegal corporate contributions, surely he should care that Fox can't even hang on to his county-owned computer. But how can they take this seriously? A half-dozen of the department's top commanders are implicated. Chief Deputy David Hendershott is running around threatening everyone from Mary Rose Wilcox to the Arizona Republic with an "investigation," yet his paw prints are all over this. Hendershott peddled the same dirt that ended up in the SCA-funded ad. And he was one of the first donors to the secret fund. No wonder Arpaio insists on looking the other way. It's not just Joel Fox. Nearly Arpaio's entire command staff has been compromised. Democracy is supposed to be transparent. That's one of its most important tenets — the thing that keeps it alive. Yet Sheriff Arpaio's command staff and its attorneys have fought for nearly 10 months to keep the secrets of the SCA fund under wraps. New Times had no choice but to intervene with attorneys. And so Michael Meehan, an attorney from Tucson, crafted a brief, and Steve Suskin, our longtime in-house counsel, drove to Florence on Monday. That's what it took to get Pinal County Superior Court Judge Olson to unseal the search warrant executed on Captain Fox's home and the affidavit filed by Special Agent Edwards. The public also gained access to back-and-forth motions filed by the AG's Office and Fox's lawyer, Dennis Wilenchik, as Wilenchik fought to get Fox's computers back.
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