Be Careful What You Publish on Online Facebook Sites.......

If it is, indeed, illegal to merely possess the personal identification information of Florida Citizens by folks who are unauthorized--why has nothing been done about the multiple individuals that have now publicly admitted possession of such data in direct contravention to 817.5685 Florida Statutes?  I am going to ask and find out.......

Earlier today---I saw that some information was published to an online, Facebook chat site that is relevant and pertinant to continuing litigation the county has with several defendants.

Folks have GOT to realize that publishing information that is ILL-GOTTEN and unlawful to possess and disseminate will come with severe consequences.  

Because identity theft and hacking of folks' personal information is an ongoing, vexing problem for prosecutors, law enforcement, and local governments at all levels.

These unlawful disseminations of sensitive data can lead to hacking, identity-theft, and other nefarious actions by bad actors who break the law.  

So I had no choice but to notify Law Enforcement and County Legal about what had occurred.  We will see what happens from here, but this is serious stuff..........  

From my email, today:

"Good Morning Agent XXXXXXXX,

 I wanted to bring to your attention a troubling development from this morning. 

 The attached screenshot illustrates that another individual is in possession of stolen county files that are related to your investigation. (the unredacted version not released by the county under public records requests)

 This portion of these files was published online today by an individual named XXXXX XXXX on the Facebook page “Escambia Citizens Watch.”    

 It is my understanding from our recent correspondence that your investigation is still open and therefore I wanted you to have this information as soon as I got it.  If this individual, Mr. XXXX, has this part of the spreadsheet—he likely has the entire backup of my phone or at a minimum was given something to which he is not entitled by someone who does possess the entire backup unlawfully.

 As you are aware, the county has sued two individuals and one media corporation in civil court to compel the return of these unredacted, non-public record files that were stolen from the county. (which files contain protected, confidential, privileged, and sensitive personal identification information, credit card information, banking information, medical information, pictures of driver’s licenses and passports, and over 100 other examples of protected information on more than one dozen county citizens)

 By copy of this email to the County Attorney and Deputy County Attorney I will request we schedule a shade session to discuss amending our civil complaint to add Mr. XXXX to the suit.

 I am also copying State Attorney Ginger Bowden Madden and Assistant State Attorney Greg Marcile on this email for their awareness and attention.  The county continues to do everything in it’s power to compel the return of these stolen files via civil court---but as of today and over the last 9 months 3 of my 5 close family members have had fraud on their accounts!  The fact that so much sensitive data that is illegal for these individuals to even merely possess remains unsecured continues to be a source of stress, concern, and consternation for my family members and others who are aware this data is “out there.”

 So I’d like to discuss this with the prosecutor’s office as I am also, by copy of this email to Ms. Bowden Madden and Mr. Marcile, requesting a meeting with them as soon as practical for this purpose.

 Thank you, in advance, for your attention to this matter.

 Very Respectfully,

 Jeff Bergosh

District 1 Commissioner

Escambia Board of County Commissioners

221 Palafox Place Suite 400

Pensacola, FL 32502

850-595-4910 office

850-377-2209 Voicemail

District1@myescambia.com

www.jeffbergoshblog.blogspot.com

https://www.facebook.com/CommissionerBergosh/

Twitter-- @jeffbergosh"

 

What is the Status of the FBI's Investigation into Stolen County Files?

I was informed yesterday that the FBI Investigation into who stole county records is still open.........

"Where's the FBI on their investigation?"  

Curiously--this was a question that was asked of my by the State Attorney's Office  (SAO) two weeks ago when I spoke to them.  I was talking to the SAO about what I could/could not say with respect to the "No True Bill" that had been handed down by the Grand Jury earlier that week--- vindicating me of any wrongdoing surrounding stolen text messages from my phone.

At the time it seemed like a curious question for the State Attorney's office to ask of me---as the FBI investigation into who stole and unlawfully disseminated unredacted personal identification information from the county has been going on for just shy of one full year.  Actually, Tuesday the 11th will make one full year.

On the 11th if June last year--I met with the FBI and the County Administrator in my office where both Administrator Moreno and I signed blanket release forms allowing the search of all the county files the FBI had confiscated that day--"for evidence of any crime."  We both signed it on the spot. 

So why's the SAO asking me what the FBI is doing?  Surely that matter, the FBI's investigation into stolen county files, must have been concluded by now I thought?   

So I asked a question back of the SAO and did not really get a good answer.  "Has the investigation from the FBI not been given over to the State Attorney yet?"  I asked.   

I didn't get a good answer.

So I waited a couple of weeks.

Monday and Wednesday of this week I called my FBI POC, the investigator assigned to this.  I left a series of messages explaining to him that the county has a fairly significant hearing on Monday and "if

I'll be the 7:00AM Leadoff Guest Tomorrow Morning on Real News with Rick Outzen on AM 1370 WCOA

I'll be on the area's best morning drive news program, Real News with Rick Outzen, tomorrow morning at 7:00 AM.

Once again I have been asked to be the leadoff guest on the area's best, most listened to, most influential, and most trusted morning drive news talk program, "Real News with Rick Outzen" on 1370 WCOA.

I'll be on tomorrow discussing the "No True Bill" finding by the Grand Jury that concludes any investigation into me for the alleged Sunshine Law violation my political opponents have inappropriately lodged against me  to further their own political ambitions.  

I look forward to discussing that---- and the other very concerning development which will likely result in investigations by the Florida Division of Ethics on the improper/illegal discussion of Grand Jury schedules, testimony, and topics.  This confidential, statutorily secret information was put out, publicly, by folks who ought to know better than that but who are using information gained by way of their position to benefit themselves and othersand to damage me politically.

It will be an interesting conversation--tune in live at 7:00AM or catch the podcast here once Rick publishes it.

No True Bill: Exoneration and Vindication Part I

Tuesday of this past week I was fully and completely exonerated of doing anything illegal associated with the news articles and allegations surrounding the stolen and improperly released county files and text messages that had been used as some sort of "evidence" I violated the Florida Sunshine Law.  

I was investigated for months and months over allegations I did things I did not do--- and accusations that I committed crimes I did not commit. 

Of course I knew I was innocent.  I follow the law.

This past Tuesday an 18 member Grand Jury looked over all of this and declined to prosecute due to the fact there was no evidence I committed a crime.  They issued a "No True Bill."  I have requested this public record from the clerk and she and her attorney have refused to send a signed copy of it to me.  Instead, I have obtained the above copy in the interim from the office of the State Attorney.

So how did this happen? 

Back in December several false accusations were made about me very publicly in an orchestrated "hit"  designed to effectively ruin my reputation and destroy me politically.  Reckless, Irresponsible, and reprehensible.   

Making matters worse--these histrionics were perpetuated by a then employee of the county, Steve Stroberger, and his boss, sitting county commissioner Mike Kohler.  

Sure, everyone saw it for what it was.....It was a set up job from the get go, played to maximum effect at what was supposed to be our jovial and festive Christmas meeting, the last meeting of the year somewhere before Santa Clause Spoke and then again after the Grinch gave the BCC cookies and a proclamation.  Stroberger's cringe-worthy antics can be viewed in minute 13:53 of this video. Then his boss, Mike Kohler, piled on with this garbage at minute 12:40 of this video.

These two, the commissioner and the secretary, took their best shot at me, writing letters and emails to the Governor demanding I be removed from office and simultaneously demanding an investigation of me by the State's Attorney over what these two geniuses decided unilaterally was a "Sunshine Law Violation" and a "clear case of Gerrymandering!" (of course they were dead wrong, but I digress...)

This was the conclusion these brainiacs reached after they read a PNJ hatchet job and some stolen county text messages that had been manipulated.

"You should resign!"  Said the commissioner's secretary. (He was hoping I would to make his run for my seat all the easier.  Not going to happen)

The real reason this happened was that Steve Stroberger wants to win my seat so He and his boss together can run the west side of Pensacola--and like Doug Underhill and Jonathan Owens in 2020--they want D2 to run D1.  So they took a kill shot at me with baseless allegations I committed a sunshine violation based on stolen messages that were manipulated.  Truth?  Who cares about that!  They just want to win an election!

Ain't going to happen.

So, within a week of that ugly spectacle of a meeting  right before Christmas-- the Office of the State Attorney committed to looking into the matter and issued a press release stating this.  Multiple news articles covered their announcement.  And they did investigate.  And they subpoenaed my unadulterated copy of my iPhone backup. And they referred the issue to the Grand Jury.

Meanwhile, I cooperated every step of the way and understood that everything on my iphone's backup that had been stolen (60,000 + text messages and more than 1,600 color photographs) was subject to inspection for evidence of any crime.  

I had actually already signed an unconditional writen release allowing for this unfettered search of these files six months earlier (nearly a full year ago now) when Law Enforcement met me and the County Administrator in my office on June 11th of last year.  They were there with the FBI confiscating county servers and files after it was learned that someone at the county stole confidential, privileged and personal identification information from the county's IT office and disseminated it inappropriately and unlawfully, unredacted, to multiple persons over state lines and to multiple lawyers at multiple firms actively involved in litigation against the county.  And yes--you guessed it--some of the data in the stolen files was protected attorney-client privileged information related to that particular litigation.  (That is the reason former D2 Secretary Jonathan Owens is now facing a hearing before an Administrative Law Judge and as much as a $20,000.00 sanction at the Florida Division of Ethics because in their opinion probable cause exists that he violated Florida Statute 112.213(8).)

 Much more interesting and current information on this weird and surreal situation in part II.