Hi District 2  et al - 

I'd like to set up an appointment to meet with Glenn.  I'd like 30 to 60 minutes for an introductory meeting. . 

Holly and I were the victims of a Real Estate Brokerage Fraud scheme in 2021. 

• Glenn and the other supervisors should be generally aware of the situation from social media and from documents presented to some of them

• This fraud can be looked at from two totally different angles. 

• You all would have only seen one presented so far. 

• I've just introduced the other in the past 48 hours with enough details to follow it easily in 4 pages. It makes for a far shorter and more straightforward dialogue and it's conveyed in "Angle 1" below. 

I'm at the point now where I'd like to file a criminal complaint with the Monterey County DA . I feel she may need to feel like she  has no choice but to pursue this and my goal is to make sure you all provide the appearance of that encouragement / support / oversight / pressure.    

• My goal is to introduce this material to Glen first. 

• Then i'd like him and/or  he and I to introduce it to Luis Alejo, given Luis is a Licensed Attorney.  

• Luis, I would simply encourage you to be honest about the nefarious information you see, without playing any games to try to protect the legal lobby. Maybe you are not a fan of it, if so we'll likely get along better. By now you should know I'm highly legal literate with the ability to deal in legal ease and write bar complaints quickly for those who play games. While we all know the Bar Complaints are getting buried with false responses now, and the bar is being sued for racketeering,  the collection of complaints I have, including a recent appeal to the CA Supreme Court, may/will eventually make for another racketeering claim against the CA Bar when some of the nutballs are managed better. 

• From there i"d like to make sure all the other supervisors have a handle on the general nature of the frauds

• Then I'll be seeking letters of support from each of you and/or as a collective to submit to the DA with my complaint(s) and I'll expect you all to provide the support / pressure needed to make her feel and look like she needs to take action.  

<< text omitted for now for brevity >>

I look forward to meeting Glenn and each of you in time. 

Regards

Bryan Canary

443-831-2978 

(baltimore md cell, but we live in Elkhorn area)

<< text and visuals omitted for now for brevity >>

Good morning, Mr. Canary.

I am writing to acknowledge receipt of your email by District 2 staff. I will contact you regarding meeting with Sup. Church very soon.

Thank you and be well,

Marilyn Vierra

Marilyn Vierra (she/her)

Chief of Staff

Office of Supervisor Glenn Church

11140 Speegle St.

Castroville, CA 95012

O: (831) 755-5022 C: (831 )837-9068

vierram@co.monterey.ca.us

Good afternoon, Mr. Canary:

We are in receipt of your messages concerning brokerage fraud. We have the following preliminary responses:

1. The County of Monterey District Attorney does not answer to the Board of Supervisors. It is an elected office and is directed by State law. You might consider going to the California Attorney General if you think the Monterey County District Attorney is not fulfilling her responsibilities.

2. Real Estate Brokers and Construction Contractors are governed at the State level by their own Boards. While there are local Associations, actions such as the ones you seem to be seeking to pursue would be executed at the State level.

3. Interactions among and between Supervisors outside of BoS meetings are governed by the Brown Act. Supervisors avoid lobbying each other on constituent matters.

The problems you have laid out are generally outside the powers and responsibilities of a county supervisor. With these limitations in mind, and in order to bring the influence of Supervisor Church’s office to bear on your behalf, please let us know specifically what you imagine he might do.

Be well,

Marilyn Vierra

Marilyn - 

I'm concerned with your response. I felt I made my reasons to meet with Glenn very clear. 

I'm going to address your points in reverse and look forward to getting a meeting scheduled with Glenn.

RE the Brown Act 

You have very clearly indicated if Glenn becomes aware of a systemic commercial fraud , such as a scheme related to faux legal documents presented for use in all Brokered Real Estate Transactions, that affects the financial, mental and emotional well being all citizens of Monterey County, both in his district and other districts, Glenn is NOT permitted to notify the other supervisors of that fraud..   Is that an accurate representation of your position on the Brown Act?  YES or NO

You have very clearly indicated if Glenn becomes aware of a systemic state oversight agency fraud , such as those I'll identify below with the CA DRE and the CSLB, that affects the financial, mental and emotional well being  of all citizens of Monterey County, both in his district and other districts, that he is not permitted to notify the other supervisors of that fraud..   Is that an accurate representation of your position on the Brown Act?  YES or NO

While he may not be able to communicate with the other Supervisors, can he notify the Politicians in places like Marina, Seaside, Monterey (city), Pacific Grove and Carmel?  Could he notify people in Santa Cruz county if they might be affected too? Those are not covered by the Brown Act, correct? YES or NO

RE Real Estate Brokers (CA DRE) and Contractors Board (CSLB) Oversight Problems

In september 2023 I wrote a letter to Gavin Newsom that was copied to Jimmy Panetta, Rob Bonta, and others. I personally delivered that to Glenn and Senator John Laird. In that letter I detailed the frauds transpiring in these oversight bodies as well as others including the SPCB, the DOI, the DOFI and the CA Bar.   A copy of that letter can be found at the following webpage ass well as a subsquent demand to the CA DRE for a position statement related to the Brokerage Fraud. 

https://ca-gov-complaints-2023.bryancanary.com/formal-complaints

Systemic Fraud is transpiring in the oversight process of the CA DRE and the CSLB,  and one would assume Glenn and other Supervisors would seek to understand that to protect their constituents?  That fraud actually explains the comfort Licensees had committing situation specific fraud in our transaction. 

• CA DRE  - The suggestion and assumption from the CA DRE website, the Brokers Act and their ethos is that they are there to oversee ethics and legal violations. The suggestion is that they would forward criminal activity to DAs and/or the Attorney General. When I started a dialogue with them I asked about their handling of "Fraud" and referrals to DA and/or the Attorney General. My contact there indicated they had a higher threshold for "Fraud" than the courts.  There is no such thing as "elevated fraud". I assumed she misspoke until I circled back later and asked more specifically when nothing about her handling fo the situation made sense. In practice, what they have disclosed to me is that the only thing they will report outside of the CA DRE for Fraud is "Conversion". the act of theft of money related to a contract.   A Criminal Conspiracy involving an Agent who engaged in an 8 Month fixup scheme to defraud a buyer, is a criminal act. However, they have made it clear that because it is NOT Conversion, all facts and information they obtain for that criminal act are NOT forwarded to the DA or Attorney General. They view that behavior as a civil crime only and they are leaving it up to citizens to try to pursue in civil courts as the Agents and brokers are allowed to continue the mafia schemes with no criminal oversight. As hard as this may be for some to digest, I'll be glad to produce emails and facts that support this.
  
  

• CSLB -  The suggestion and assumption from the CSLB website, Contractors Act and ethos is that they are there to oversee ethics and legal violations. The suggestion is that they would forward criminal activity to DAs and/or the Attorney General. The first line of the Contractors' Act Disciplinary Code says that anyone who knows of a violation or is harmed by a work done by a contractor when engaged in a contract can file a complaint. However, In practice, they are refusing to open third party complaints, contradictory to this very clear statute. When challenged on their deviation from the statutes none of them can provide any reason for the deviation. Their positon is the Devil can hire a contractor, tell them to break every law in the book, and as long as the Devil himself doesn't file a complaint they have no role in oversight of the contractor. If the Devil (the customer) told a contractor to conceal 100 sf of cat urine and a 100sf of mold and structural rotten joists,  and he did it, and the later is was discovered he did it, according to the Contracting Board they have nothing to investigate unless the Devil (the client) files a complaint.  This is called "oversight agency inversion" and it seems to have ben inplay for decades, explaining a lot about why everyone in this was comfy committed dozens of felonious acts with little concern for blowback. 

RE Monterey County District Attorney  

I laid out very specifically what I wanted him to do.  

1. Meet with me as my Political Representative for Monterey County. 

2. Hear my concerns about systemic fraud and racketeering related activities that have affected me in an individual real estate transaction and are affecting citizens in his district and everyone else in this county as well. These concerns go well beyond transaction specific fraud. 

3. Hear my concerns about systemic State Level oversight failure at the exact state oversight boards you have referenced and more. Those failures, seemingly by business process design or by employee malfeasance, have led the licenses governed by them to feel comfortable committing fraud knowing the loopholes in the oversight system will protect them.  

 If Glenn recognizes my concerns of systemic problems, as legitimate concerns, as all have who I have presented them to, I would ask him to write a letter of concern/support to me , indicating he was presented with concerns that seem to be systemic in nature well beyond a situation specific fraud

1. I would ask him to provide a copy of that letter to me so I can include it as a supporting document  with other submissions I make

2. I would ask him to send a copy of that to the Monterey County District Attorney and Attorney General of CA. 

3. I would ask him to  provide a copy to the other Monterey County Board Members so he can say he notified them of the industry level concerns. If he can not do that because of the Brown Act, I'd imagine County residents will be shocked, and I can then do that as a concerned citizen of California and Monterey County.

4. I would suggest he post a copy of his letter on his website to let his Constituents know of concerns he was presented with that seem to create a very predatory Real Estate Market, or post a notice saying he can't because you or someone else,  won't let him. 

Bar Complaint related to CSLB Fraud and Bond Company Complaint Handling Fraud

Attached is a Bar Complaint filed against an Attorney from Las Angeles who was hired by a Bond Company in Chicago. This complaint stemmed from the fraudulent handling of a Bond Complaint that stemmed from the fraudulent handling of the Complaint by the CSLB.  As you will see, one fraud let to another and led to another. 

Please note, I did eventually get the CSLB to open the complaint, contrary to the information in this bar complaint via that demand to the Governor that was hand delivered to Glen.  I also just got word several days ago that when confronted by the CSLB Investigator, the Contractor admitted to the fraud. Had I not been very persistent and forceful, that PREDATOR would still be without CSLB oversight. 

CA Bar Racketeering Complaints

It is very important to me that everyone understands the CA Bar is being sued currently for racketeering.  Thus and to that end, any and all oversight bodies that relied on Attorneys are in fact subject to scrutiny now, not just because of my odd experiences with them but because my odd experiences align with other statewide legal industry problems. 

A SIMPLE SOLUTION exists to mitigate the Systemic Brokerage Fraud until it can be remedied at the State Level 

As mentioned here and./ or elswhere prior, there is a relatively easy solution for rectifying the systemic Brokerage fraud in District 1 and/or Monterey county. A county level Real Estate Addendum can be created that requires sellers to make all representation statements related to as is condition prior to Agreement Acceptance. This aligns with Contract Law , state Case Precedents and  CA 1102 in a way that the current documents conflate and confuse. I obtained a written statement from a CA Broker yesterday who admits the current documents were created to protect Brokers first and foremost, not to represent interests of a balanced transaction.  A failure to address this from the political class, and or to share it with your constituents,  after being notified of its writing, would seem to be a real concern, but you all would know better. 

CC List

I apologize in advance for making this District Matter a public conversation. We were harmed to the tune of 200,000+ in a gross fraud that transpired at 3 levels, one of which being an industry level fraud which laid the playing field for the transaction specific frauds.

I have been chasing this problem for 2.5 years. I have gone through all the oversight agencies that one would have thought were there to provide public protections only to find them to have been inverted.  I have had it up to my ears with people lying to me and telling me to call someone else. As I understand it, Glenn is my political representative at the county level, thus the reason for my request.  His Constituents, aka my neighbors, deserve to know about these problems and concerns. 

Availability 

I'm generally available for meetings from 8am to 8pm 7 days a week. I live about 4 miles from Castroville. 

If you feel you'd like to qualify my meeting further, please feel free to respond with more questions and concerns. We might be able to do everything needed in a few more emails. 

Bryan

Bryan,

I appreciate you bringing this matter to me.

The problem is that this type of problem is outside my purview as a county supervisor. The Board of Supervisors oversees county departments that are not run by other elected officials as well as the programs and budgets for those departments. It also sets land use and other county policies as a legislative body. Responding to criminal activities is not something in our power. Those responsibilities rest with the Sheriff and District Attorney. Both of those positions are separately elected and fully independent of the Board of Supervisors. Both the Sheriff and DA are governed by state law, not the county or any action by the Board of Supervisors.

My understanding is that your concern rests with criminal activity. You need to contact the DA about this. If the DA is not responsive, that is a matter for the voters to take up when she is up for reelection. You can also raise your concerns with California’s Attorney General. The other option, as Marilyn pointed out, is to contact the state boards for realtors and contractors. If those boards are unresponsive, you may want to reach out to your state senator or assembly member as they have legislative oversight over those boards. If there is unethical or illegal activity taking place, those licenses will be revoked by the appropriate board. These are the people that you need to persuade to act on your complaint.

The only time the Board of Supervisors acts regarding another elected official is when they have committed an illegal or unethical act. Former Sheriff Steve Bernal had multiple issues in that regard. That lead to the unusual, and I think first time in the history of this county, where he was censored by the Board. However, censoring was no more impactful than a slap on the wrist as it had no enforcement behind it.

My office is not geared for criminal investigations. If I take your information and find it compelling, I will still need to act fairly and contact those you are accusing for their information and perspective. This is not something we do nor is there any official action that I can do even if I agreed with you after a thorough review.

Until you can suggest a course of action where a county supervisor has an official capacity to act, I can’t move on this any further.

Thank you for bringing this forward.

Glenn

Supervisor Glenn Church
Monterey County, District 2
11140 Speegle St.
Castroville CA, 95012
Phone 831-755-5022
Email churchg@co.monterey.ca.us
Website glennchurch.com
Sign up for our newsletter! tinyurl.com/supchurchnewsletter

Hi Glenn - 

I'm in receipt of your email below. I have many concerns with your response with the first being context ???

"I appreciate you bringing this matter to me" 

What matter did I bring to your attention?   

The email you have written to me has no other content. 

It's not a reply to any email I've sent to you or your office.

I have only sent three or so emails and the one of most interest to me was the request for a 30 to 60 minute initial meeting to share consumer and commercial concerns so we could work together to try to "figure out" which are in fact  District, County and State level matters .  

I have simple recommendations that can actually be implemented at a District and or County level which could dramatically reduce the risk of the frauds committed in our transaction from transpiring.  These are fixes that have been put in place in other ways in other Countries, like Santa Clara County and possibly all of Silicon Valley,

Am I correct in understanding you have no desire to understand the concerns we have that also explain county level Brokerage Policies in those counties that differ from Monterey County to protect everyone in those counties in ways that is NOT transpiring in Monterey County ?  YES or NO?

The problem now is that you, instead of your Chief of Staff, has now attempted to put a cart before a horse. When it was her we could assume maybe you weren't aware of her communication challenges. Now, it looks like maybe she was following your lead?

Again your office has attempted to use an email with no context to tell me about all the things you can not do, without focusing on anything that in fact you can do, nor an appreciation of the fact that I understand occupational limitations and can accept those with ease -- as long as that which is within your power is considered properly. And that s NOT transpiring now? 

I'm appreciative of the fact this does not fall into the bucket of "we have potholes to fix" and :"lets fine mattress dumpers 1000".  Sometimes there are larger problems to face and solve? 

At this point, I can only assume one reason you are seeking to avoid a meeting is because some of the  influential constituents in our district may be Attorneys and Real Estate Brokers. You recognize that becoming informed about frauds they are/may be involved in would be politically damaging to you.  To date, you've left me no other conclusion to surmise. 

On January 8, 2024, I sent a request to you for a meeting. What I wanted to do was share facts with you related to an experience we have had that has implications up and down the government and legal spectrum. 

• Some are districts, some are county, and some are state BUT ALL OF THEM WOULD AFFECT EVERY VOTER IN YOUR DISTRICT

• Whether you as a Supervisor could do anything about them was of less relevance than discussing what you as a community member could do to share the concerns I shared with you in a way that might provide the community with a level of awareness of commercial concerns that DO HAVE A REMEDY AT THE DISTRICT and/or COUNTY LEVEL that does not fall within any other elected parties jurisdiction. 

• The problems and remedies would require communication with, conversations with and/or coordination with the Monterey County Board of Realtors and the Monterey County Bar Association. 

Now, you can't possibly fully know or understand the ease of the remedies for this and the need for them, and I felt that was easier to do in a face to face meeting.  i"m of the opinion that "sometimes", people do better in person when talking about challenging issues. 

Budget for Monterey County DA Office ??

• It is my understanding that you and the board are responsible and/or have influence on the Budget for the DA's office. If that's the case , then you all DO have the power to dramatically influence our county in a positive way, with what I have to share. 

• I currently have a 60 page document drafted for the District Attorney and I currently have it sitting on a website where I'm going to start posting Criminal Complaint Submissions for Commercial Fraud that focuses on Licensed Professionals who are NOT being managed properly by our State Oversight Agencies. 

• It lays out problems with Professional Licensee oversight at our State Agencies in a  way that is turning Monterey Citizens into "pin cushions" for Professional Licensee fraud in at least 7 industries. 

• It recognizes the fact that the Current DA has a full plate already,  and is likely not ready nor capable of handling the level of Commercial Fraud reporting that I can hand her, to and including a situation involving a contractor who CONFESSED TO OUR FRAUD because I put so much publishing pressure on him, with facts that offer him no exit. 

• It asks her to let me know what I could do to try to get her office help to handle what I present(ed). and if I'm not mistaken, she's going to come back and say "the Monterey County Board of Supervisors controls our Budget. Get me more money". 

 I'll tell you this now.  As I understood it, you ran as a person from the community who was going to give the community a voice.  At this point, all you are doing is giving  ME the material I'd need to run against you and your entire staff some day?? I really have no desire to have your job, but at this rate, it's looking rather interesting!?!

I'm a bit beside myself on this now. Below are a few screenshots for you all to digest.  Then, when I'm ready to share this site with you, I'll do  it publicly. This is the content I wanted you to view privately first so you could make a statement as our District's Political leader showing some leadership skills and concerns. At this point any statments you make will be reactive, and I'll be sure to follow them up with "I tried to have a meeting with him and all the and his Chief of Staff could do was dodge 'em. 

Frustrated, for now, but that will pass. Seems to be par for the course around here. 

Bryan