By Robert Haugh
Indicted Santa Clara City Councilmember Anthony Becker is represented by Deputy Public Defender Christopher Montoya because he cannot afford a private attorney.
Becker is facing felony perjury charges for leaking a Grand Jury report to the 49ers and lying about it.
Montoya informed Santa Clara News Online that last year his office had to evaluate Becker’s finances to make sure he qualified for taxpayers’ help.
But in a highly unusual move, Becker was appointed a private attorney as “co counsel” last month.
Local attorneys cannot name a case where a defendant has been represented by both a public defender and a private attorney.
Grant Fondo of the Goodwin Proctor Law Firm is offering Becker pro bono legal services according to Montoya.
However, Fondo’s legal services are a violation of state law.
According to a knowledgeable source, pro bono legal services are considered a gift. The California Fair Political Practices Commission (FPPC) caps allowable gifts to elected officials like Becker at $590 for 2024.
Fondo is listed as a partner at his law firm’s Securities Litigation & White Collar Defense group. His rate for just one hour is likely to exceed the gift limit according to knowledgeable sources.
The FPPC website includes an advice letter from 2001 that applies to this situation, although the gift amount was lower back then:
October 17, 2001
Jennifer Baker State Legislature State Capitol – Room 2196 Sacramento, CA 95814
Re Your Request for Advice Our File No. A-01-187
Dear Ms. Baker: This letter is in response to your request for advice regarding the gift limit provisions of the Political Reform Act (the “Act”).1
QUESTION May you, as a designated employee with full disclosure, accept pro bono legal services from an attorney?
CONCLUSION No. You may not accept pro bono legal services if the value of these services would exceed $320, the Act’s gift limit amount.
Year: 2001 Advice Letter # 01-187
If found in violation of FPPC law, Becker may face penalties and fines for accepting an illegal gift. Here’s the language from the current FPPC factsheet on gifts:
Failure to comply with the laws related to gifts, honoraria, loans, and travel payments may, depending on the violation, result in criminal prosecution and substantial fines, or in administrative or civil monetary penalties for as much as $5,000 per violation or three times the amount illegally obtained. (See Sections 83116, 89520, 89521, 91000, 91004 and 91005.5.)
[…] Clara News Online (SCNO) broke the story a few weeks ago that the assistance of Goodwin Proctor partner Grant Fondo likely violated a state […]
[…] Tuesday, Santa Clara News Online (SCNO) published a special investigative report that Fondo is working for Becker pro bono. That’s a clear violation of the California Fair […]
Everyone knows that Becker’s beneficiaries are the Mafiosa 49ers and Mob Boss Jed York. They need Becker to take the fall and vote for issues that line their pockets with red and gold. This clown should not be voting on ANYTHING!
I just want to know; who is lining up the movie rights to this clown show?
Having done some work years ago for large law firms, I know how this will be costed out. The attorney will book 10-20 hours per week on this case. If it takes a month, expect 40-80 hours total. It could be much more for a major case, like a capital punishment case. Depending on the firm, a partner these days will bill at $1000/hour. So even a small case will be $40-80,000 declared in pro bono legal services. I don’t know if the Becker case is considered minor or major. If Becker is responsible for 3 times that as a fine … OUCH. So much for free legal services.
Fondo’s representation of Becker (pro bono or otherwise) is directly out of the legal playbook that mob bosses use to make sure underlings don’t sing. He who pays the attorney dictates the legal strategy. This move insures that Becker will take the fall and no one else will.
And, yes, as someone posted, we probably should feel a little sorry for Becker. He likely doesn’t know what he’s doing or how he’s being played.
Fondo is an expert in digital currency cases. Jed York invests in digital currency companies.
Fondo is an organizer of several groups advocating for mass transit. Suds Jain knows him.
James, you say Becker made bad choices, really hard to argue that one.
However Becker is far from alone on this.
He is currently the only one Indicted for any Felony Charges of any kind. More will follow, that just makes sense.
Do you really think Becker could come up any of these crimes on his own?
Do you think he could have pulled off any of these events without the help of others?
It’s my hope that once this one case is tried and the conviction comes, all of the 49ers and their willful participants will be held accountable in future court cases.
This “House of cards” needs to come down.
Anyone looking to build even a future reasonable case just has to do one thing….”follow the money”.
So please do not think for one second the 49ers are offering to pay for Becker’s Defense out of the goodness of their heart. Their motive is now 100% trying to minimize the damage that has been exposes.
Pointing fingers is next….
Burt Field
Robert,
How do you know that Becker is getting Fondo’s legal services pro bono? Or is someone else paying the Goodwin law firm on Becker’s behalf?
This information came via email from Becker’s public defender, Christopher Montoya, who confirmed Grant was representing Becker on a pro bono basis.
Becker made choices and when you make bad choices, there are consequences.
Robert, thanks for clearing that up. You wrote a good story today. The fact that Becker is personally responsible for Fondo’s illegal gift of legal services is news worthy.
Like Jain, Becker simply does not believe that the law applies to him.
Kinda sounds like someone else we all know who is in criminal court…..just sayin’….
Damn! Becker can’t get a break! Everything that dude does turns to crap. Now, he’s gonna be prosecuted for accepting an illegal gift. do they just tack on years to his other charges! It’s like Becker got set up. Kinda feel for the guy. Pathetic!