By Robert Haugh
Last week, Indicted Santa Clara Councilmember Anthony Becker’s trial was delayed again because a private attorney is now co-counsel with his public defender.
That move has raised some major questions.
On Wednesday, at the City Council’s Priority Setting Session, Santa Clara business leader Kirk Vartan called into the meeting and asked Becker to declare if he was receiving a gift in the form of legal representation.
“I would ask that Councilmember Becker, if he hasn’t already, share with this body and the public how he was able to suddenly afford a $500-$600 an hour lawyer,” said Vartan. “From what I understand in his (Becker’s) public comments, (he’s) not employed.”
“And if it was a gift, where did that gift come from?”
Vartan cited the Council’s gift policy established in 2018 that doesn’t allow gifts over $470. It also requires the Council member to disclose any gifts received at the next available Council meeting.
Vartan raised his questions during the public comment period. Councilmembers are not required to respond, although they sometimes do.
Becker remained silent.
Santa Clara News Online (SCNO) emailed City Attorney Glen Googins about Vartan’s comments and received this response:
Individual Form 700 filers, including elected officials, are responsible for their own compliance with state gift disclosure laws under the Political Reform Act (PRA). The FPPC, not the City Attorney’s office, would determine if the provision of legal services in this case constituted a “gift” requiring disclosure under the PRA.
Googins did not address any potential violation of the City’s gift policy which is his responsibility.
Other questions have been raised about Becker’s co-counsel, Grant Fondo of the Goodwin Proctor law firm.
According to the firm’s website, Fondo “regularly handles highly sophisticated government investigations and high-profile litigation for individuals including executives and board members for leading financial institutions and digital asset institutions and public companies and various other private and public companies across industries such as blockchain, cryptocurrencies, healthcare, technology and finance.”
Local attorneys have said it’s unprecedented for a private counsel to work with a public defender assigned to people who cannot afford a lawyer.
They also say that Fodo is a partner at a major law firm and estimate that his services will cost over $100,000 billed at $1,000 per hour.
Numerous individuals speculate that the only organization with the money and interest in helping Becker is the 49ers.
The team is looking for Becker to be a key vote to settle a lawsuit this month regarding public safety costs that the 49ers do not want to pay.
Interestingly, Becker’s Public Defender Christopher Montoya requested last year that SCNO correct reports that have appeared in numerous publications about Becker’s search for a private attorney.
SCNO reported that Becker at his first court appearance in April 2023, requested a delay to find a private attorney instead of using a court-appointed public defender.
On January 3, 2024, SCNO printed a correction and apology. That included these statements from Montoya:
This is a developing story.
Conducting any business with this team sounds like one-stop bankruptcy.
I’m trying to understand how the 49ers are trying to play this.
1. If Mr. Becker were to vote on the stadium settlement now while receiving financial assistance from the 49ers, the vote might get invalidated due to a conflict of interest. It would be very difficult for Mr. Becker to hide such an assistance, if everyone gets subpoenaed. If the 49ers are already giving money to Mr. Becker, would it make sense for the 49ers to push for a settlement right now (with the flurry of ads bombarding us every day)?
2. It would make more sense for the 49ers to get Mr. Becker to vote on the settlement first and then to give him financial help. But then who is paying for the second lawyer?
3. Even better yet would be to get the trial pushed out until after the election — perhaps while promising to give legal assistance to Mr. Becker after the election. If Mr. Becker were to be found guilty, the reelection of Messrs. Park, Jain, and Becker would be jeopardized.
Why has Mr. Becker not settled yet? Does he really have no chips to bargain with? If I were him, I’d be throwing anybody I could get my hands on under the bus.
At what point will we seriously address the elephant in the room? At the very lease becker should recuse himself from any vote that involves the 49ers. If our city “attorney” was worth 2 cents he would get off his butt and do something. Yes, the city laws should be enforced and who better to do it than a city atty.
Turns out Jed York and Chegg Senior Partner work with Goodwin senior partnee
Looking at top 100 firms in United States, Goodwin ranks #26 with average partner salaries about $4 million. Grant Fodo’s hourly rate is no doubt above $1000/hr. Maybe he will supplement his time with associates or even paralegals. Still it will be a pretty penny for someone to pay!
Has anyone asked what kind of retainer was paid upfront? That could be a tens of thousands of dollars in itself!
No matter who pays the bill, if Mr. Becker goes forward and participates in any settlement with the 49ers management, the 49ers risk undoing and losing the gains they have made by continuing to support an indicted elected official who perjured himself before a criminal grand jury.
I do hope the 49ers management and Mr. Becker and the City of Santa Clara thinks this all through and the potential fallout of scrupulous actions.
Seems to me, that Becker has been caught lying … again. The last part of the story. Was he looking for a private attorney? Or not? You make the call. 🤣🤣🤣
Where Haugh and Vartan need to go is the fact that Fondo is experienced at attacking cell phone evidence. It is still out there that LG is a target of Becker and Fondo is a buddy of Jain.
Mr Vartan has a key point. A former federal prosecuter specializing in digital curremcy cases has very little in common with Becker. Fondo is part of a big law firm with clients in online sports betting. Kirk Vartan is asking a real important question. Why Fondo? Why July?