Five San Francisco Police Officers And A Former Officer Indicted For Civil Rights And Other Federal Law Violations

SAN FRANCISCO – A federal grand jury in San Francisco indicted three San Francisco Police Department (SFPD) officers, each formerly assigned to the Southern Station, with conspiracy against civil rights and deprivation of rights under color of law. Two of the officers were also charged with falsification of records. Separately, a federal grand jury indicted three men, two SFPD officers and a former SFPD police officer, all formerly assigned to the Mission Station, with conspiracies to distribute controlled substances, against civil rights, and to commit theft concerning federally-funded programs. One SFPD officer was also charged with extortion.

“Southern Station Defendants”

• Officer Arshad Razzak, 41, of San Francisco;
• Officer Richard Yick, 37, of San Francisco; and
• Officer Raul Eric Elias, 44, of San Mateo.

According to the indictment, the Southern Station Defendants are alleged to have conspired to injure, oppress, threaten and intimidate occupants of single room occupancy hotel rooms by entering hotel rooms without legal justification. Defendants Razzak and Yick are also alleged to have falsified a payment slip to an informant, and each of them is also separately alleged to have falsified police reports to conceal their unlawful activities.

The maximum statutory penalties are as follows:

• Count 1: Civil rights conspiracy, 18 U.S.C. § 241 – 10 years/$250,000;
  All Southern Station Defendants
• Count 2: Deprivation of rights under color of law, 18 U.S.C. § 242 – 1 year/$250,000;
  Defendants Razzak and Yick
• Count 3: Deprivation of rights under color of law, 18 U.S.C. § 242 – 1 year/$250,000;
  All Southern Station Defendants
• Count 4: Falsification of records, 18 U.S.C. § 1519 – 20 years/$250,000;
  Defendants Razzak and Yick
• Count 5: Falsification of records, 18 U.S.C. § 1519 – 20 years/$250,000;
  Defendant Razzak
• Count 6: Falsification of records, 18 U.S.C. § 1519 – 20 years/$250,000;
  Defendant Yick

“Mission Station Defendants”

• Sergeant Ian Furminger, 47, of Pleasant Hill;
• Officer Edmond Robles, 46, of Danville; and
• Reynaldo Vargas, 45, of Palm Desert, California.

According to the indictment, the Mission Station Defendants are alleged to have engaged in multiple criminal conspiracies, namely, to distribute controlled substances; to steal money and other valuable items, such as computers, electronic devices, and gift cards, from suspects; and to steal money, drugs and other valuable items that were seized on behalf of the City of San Francisco. Defendant Furminger is also alleged to have extorted property from an individual.

The maximum statutory penalties are as follows:

• Count 1: Drug conspiracy, 21 U.S.C. § 846 – 20 years/$1,000,000;
  All Mission Station Defendants
• Count 2: Drug distribution, 21 U.S.C. § 841(a) – 20 years/$1,000,000;
  All Mission Station Defendants
• Count 3: Civil rights conspiracy, 18 U.S.C. § 241 – 10 years/$250,000;
  All Mission Station Defendants
• Count 4: Federal program theft conspiracy, 18 U.S.C. § 371 – 5 years/$250,000;
  All Mission Station Defendants
• Count 5: Federal program theft, 18 U.S.C. § 666(a)(1)(A) – 10 years/$250,000;
  All Mission Station Defendants
• Count 6: Extortion under official right, 18 U.S.C. § 1951 – 20 years/$250,000;
  Defendant Furminger

Any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The federal investigation began shortly after San Francisco District Attorney George Gascõn referred the matter to federal authorities citing a conflict of interest. In March 2011, San Francisco Public Defender Jeff Adachi had released hotel surveillance videos from a hotel in the Tenderloin neighborhood of several SFPD plainclothes officers entering hotel rooms that, according to Mr. Adachi, were inconsistent with police reports and sworn police testimony. Mr. Gascõn was the SFPD Chief of Police at the time of the police officers’ conduct. Federal authorities, in partnership with SFPD Internal Affairs Criminal Division, launched investigations into select SFPD officers’ conduct in the Mission and Southern Districts culminating in two separate indictments.

Defendants Razzak and Yick of the Southern Station Defendants and all three Mission Station Defendants were each issued a federal summons and will make their initial appearances on Friday, February 28, 2014 at 9:30 a.m. before the Honorable Elizabeth D. Laporte, United Sates Magistrate Court Judge in federal court in San Francisco. Defendant Vargas will appear before Judge Laporte at 2:00 p.m. today.

This case is being prosecuted by Assistant U.S. Attorneys in the Special Prosecutions and National Security Unit of the United States Attorney’s Office.

Please note, an indictment contains only allegations and, as with all defendants, the defendants in this case must be presumed innocent unless and until proven guilty.

(SFPD Southern indictment )

(SFPD Mission indictment )