A DEMOCRACY TOWN HALL: Feds indict two Ramsey County sheriff's employees on theft charges

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Wednesday, March 12, 2008

Feds indict two Ramsey County sheriff's employees on theft charges

Please click onto the COMMENTS for the story.

31 Comments:

Bob said...: By Mara H. Gottfried
mgottfried@pioneerpress.com
Article Last Updated: 03/12/2008 04:13:26 PM CDT

Two Ramsey County sheriff's office employees were named in indictments unsealed today on charges of fraud, theft of funds and civil rights conspiracy after they allegedly took $6,000 from a St. Paul hotel room, according to the U.S. Attorney's office of Minnesota.

A federal grand jury handed up the indictment March 4 against Mark Naylon, 48, and Timothy Rehak, 47. Naylon was public information officer for the Ramsey County sheriff's office. Rehak had been a St. Paul police officer before he was hired last year by the sheriff's office.

According to the indictment:

On Nov. 3, 2004, a person working with the FBI contacted Rehak, then a St. Paul police officer, and told him a drug trafficker who had rented a hotel room in St.

Mark Naylon works with the Ramsey County Sheriff's office. Paul had been arrested and was trying to recover drugs and money left by him in the hotel room.
"In fact, there was no such drug trafficker, which was a fiction created by the FBI as part of an 'integrity test' of law enforcement," the indictment said.

The person told Rehak the name of the supposed trafficker and the hotel where the drugs and money could supposedly be found.

Naylon, although "not a peace officer licensed by the state ... engaged in actions and duties of a peace officer," was working with Rehak, the indictment said. The men went to the hotel and "attempted to gain unlawful entry into the room without a search warrant," the indictment said.

After the hotel clerk refused, the men contacted a sheriff's deputy to apply for a search warrant.

Based on information they provided, the deputy applied for and received a warrant.
Naylon and Rehak went to the room about 3:30 p.m. with the deputy. The deputy began searching the bathroom and Naylon and Rehak searched the main room.

Rehak found a bag inside the dresser, which had been left by the FBI, with $13,500 inside. While the deputy was out of sight in the bathroom, "Naylon motioned for defendant Rehak to give him some of the currency. Rehak gave Naylon

Tim Rehak of the Ramsey County Sherrif's office $6,000 in currency, which Naylon concealed by placing the currency in his jacket pocket," the indictment said.
Immediately afterward, Naylon and Rehak alerted the deputy they had discovered a bag. When the deputy returned to the main room, Rehak "purported to begin searching the bag and pulled the remaining currency, $7,500, out from the bag," the indictment said.

Because the other deputy wasn't aware of the other money, he made an inventory receipt for $7,500.

After everyone had left the room, FBI agents went in and confirmed the full $13,500 "had actually been seized and removed from the hotel room, and not just the $7,500 indicated on the official receipt," the indictment said.

The original information Naylon and Rehak received was that drugs were in the room, but the FBI hadn't left any drugs. "Following the search warrant, the defendants became suspicious, believing it unlikely that a drug trafficker would leave a large amount of currency in an unattended hotel room," the indictment said.

After the search warrant had been completed about 5:30 p.m. and again at about 9:45 p.m., Naylon and Rehak "caused numerous official law enforcement databases to be searched for the name of the fictitious drug trafficker," the indictment said. The databases indicated there wasn't such a person, "thereby altering the defendants that the hotel room had likely been a law enforcement integrity test," the indictment said.

At about midnight, Naylon and Rehak called the deputy at home and told him an additional $6,000 had been seized.

"The defendants falsely claimed that the additional funds had been recovered in the box spring or mattress in the hotel room," the indictment said.

The next day, Naylon and Rehak gave the deputy the remaining $6,000 and the deputy changed the department copy of the inventory receipt to reflect the full $13,500 had been seized from the hotel room.

A second integrity test started on July 12, 2005. At about 1 p.m., a person working with the FBI called Rehak and told him a drug trafficker had left drugs and money is a vehicle. The person gave Rehak a description of the vehicle and a general location.

"Again, the information was a fiction created by the FBI as part of an integrity test of law enforcement, namely, defendants Rehak and Naylon," the indictment said.

At about 11 p.m., Rehak and Naylon were spotted near the target vehicle. At 11:24 p.m., St. Paul police dispatch queried the vehicle's license plate through a law enforcement database and determined it was registered to a company, rather than an individual.

Rehak and Naylon left the area early July 13 without entering the vehicle.

On July 14, about 2:30 p.m., the person contacted Rehak again and told him the target vehicle had been moved and said it contained narcotics and money. At about 4:30 p.m., Naylon approached the vehicle and wrote down the VIN number. At 5:16 p.m., the Ramsey County sheriff's office queried official databases about the vehicle and determined it had been reported stolen.

The men called in a police dog to check out the car, who didn't alert to the presence of drugs. The FBI had left money, but not drugs.

At about 8:30 p.m. Rehak arrived in the parking lot where the vehicle was. At about 8:40 p.m., he called the tipster and said, "Why would anybody store a substantial amount of dope in a stolen car parked at a hotel?" the indictment said. The tipster "assured Rehak that narcotics and currency were located in the target vehicle," the indictment said.

At about 10 p.m., when no other law enforcement officers were there, Rehak and Naylon went in the vehicle and found in the trunk a bag of money.

"At that moment, the defendants disbelieved that a drug trafficker would stash a large amount of currency inside a vehicle; the defendants both knew that they were the subject of a second integrity test, and the defendants both knew that they were under surveillance," the indictment said.

The men were seen walking a short distance from the car and talking. When they returned, they agreed to treat the indictment as having found a stolen vehicle and called another deputy to arrange a tow. The deputy inventoried all the property, including the money.

Naylon and Rehak were indicted on six counts of defrauding the citizens of Minnesota of the defendants' honest services in a wire fraud scheme, one count of theft of government funds, and one count of conspiracy to violate the civil rights of inhabitants of the state, according to the U.S. Attorney's Office.

Naylon and Rehak are to appear in federal court Thursday morning.

If convicted, they face a maximum of 20 years on each fraud count, 10 years on the theft count and 10 years on the conspiracy count, the U.S. Attorney's Office said.; 4:26 PM
Anonymous said...: Well, here we go. I'm waiting for Sheriff Bob's people to come on here and explain how this is Bill Finney's fault.

So, Naylon is not a licensed cop, not educated in criminal studies, not a professional public relations background BUT is the best friend of the Sheriff is made a Deputy. A deputy with a gun, badge, uniform and the ability to arrest and intimidate.

Ramsey county re-elected this clown.; 5:07 PM
Anonymous said...: 5:07 PM

In reading this story, I never saw Fletcher's name mentioned.

Is Finney respoonsible for Foster's actions?

Is Finney responsible for Pluky Duke's actions?

Is Finney responsible for the Brennan family drug business?

Is Finney responsible for Clem Tucker's conviction on drug dealing?

The list goes on and on.

Is Finney responsible for all of his close friends just happening to be dealing drugs and now they are in jail?

Some here have told us to wait until Foster's trial is over, well I will wait until this is over as well.

When all evidence is in, then a jurry of their peers will determine guilty or not guilty.; 5:40 PM
Anonymous said...: This is not exclusive to Ramsey County and the Feds are not done sniffing around either. There's a lot of work to do yet.; 6:32 PM
Anonymous said...: "Naylon and Rehak were indicted on six counts of defrauding the citizens of Minnesota of the defendants' honest services in a wire fraud scheme, one count of theft of government funds, and one count of conspiracy to violate the civil rights of inhabitants of the state, according to the U.S. Attorney's Office."

No conspiracy here huh Chuck? Honest services and civil rights violations? We don't even have those here so how can that be a problem?

Come on Chuck.....jump in hee and "spin it" for us.; 6:56 PM
Anonymous said...: I gues I fail to see a conspiracy unless there is more to it. What's this honest services BS and the charge of violating the civil rights of everyone in the state? Whoever is prosecuting this is sounding like the landlords lawsuits.; 8:18 PM
Anonymous said...: Good work Feds
Her comes the "Judge", then all the people that work for the system that brakes the law will
Go to jail.; 8:39 PM
Anonymous said...: Which one of those Finney people were appointed by Finney and ABUSED their position?

Foster? AQUITED of murder.
The others? Criminals who were old friends of the Cheif.

Naylon? Old friend of the Sheriff, bouncer at a bar. Fletcher becomes sheriff and appoints his bouncer buddy to the highest position he could- Under Sheriff. In over 10 years, has this guy tried to become a license officer? No. Does he have all the benefits of being one without the training because he was appointed? Yes. In 10 years, has he even attempted to get a degree or certification in public relations or communications? No. Yet we pay him about $98,000/yr to be the Public Information Officer. Anyone been getting those updates from the sheriffs office?

This is the tip of the iceberg for Fletcher. Like Finney, he has been faulty in his judgment in picking his friends. Where he veers far away from Finney, is that he appointed several of them who were not qualified or had less than stellar records within law enforcement in high positions over real cops and public servants.

Finney as Chief did not have the power to appoint people from the street and give them uniforms, badges and guns. See, that puts the public in danger having unprofessionals enforcing the law.
That's the difference. That and Finney retired and Fletcher is still a public official.

Chuck, or none of them ever defended Fletcher on here. Only his deputies he pop up on any post or story on the internet that has his name in it.

They'll be here in force too. Protecting their boss and changing the subject to Bill Finney, now a retired private citizen.; 9:01 PM
Anonymous said...: 9:01 PM

You said: "Foster? AQUITED of murder."

Response: Hell no, Foster’s trial is just starting. Finney appointed Foster because he was too dumb to pass the test like everyone else.

You said, "In 10 years, has he even attempted to get a degree or certification in public relations or communications? No."

Response: The public Information Officer position did not require him to have a law enforcement degree. Several communities around the metro area have PIOs who do not have POST certification.

You said: "Yet we pay him about $98,000/yr to be the Public Information Officer."

Response: Try $46,750.00

You said: "Finney as Chief did not have the power to appoint people from the street and give them uniforms, badges and guns. See, that puts the public in danger having unprofessionals enforcing the law."

Response: Who the hell are you kidding. Finney gave out get out of jail free cards. Finney gave wife beaters (Foster) permits to carry while he denied average citizens who had clean records. How about Finney letting his friends who were civilian employees take home squad cars on the city dime? Finney had more people coming and going from his office. Care to check his cell phone records. How many phone calls to known drug dealers while he sat on the school board? Some of Finney’s drug dealing buddies now run a security company in St. Paul. These same drug dealing buddies Finney hired to watch the police impound lot after they were caught ratting on vice officers. Just the tip of the ice berg here."

I made a promise to Bob not to get off topic, but Finney was the dirtiest cop St. Paul has ever had.; 9:42 PM
Anonymous said...: Finney as Chief did have the opportunity to take things from the property room.
We all heard about the gold biretta hand gun that Finney took out of there that belonged to a drug dealer.
How many drugs just happened to walk away from the property room in the pockets of police officers or employees that were working the property room.
The impound lot with Foster in charge, how many cars or motorcycles ended up in Finney or his friends driveways.
How about the "oath of office".
Susan Geartner put her boyfriend and lover to work in the child support section of Ramsey County for $90,000 a year back in 1997& 1998 and he was not a lawyer.
Look at the New York Governor he was not above the law, or was he.
With the RICO Law Act bought against St.Paul by our landlords, that started the ball rolling on our city officials.
Lets all start to pick on the bad judges that cover up for their friends, and make sure they are elected and not appointed by the governors.
Get back to what democracy is about, right here on A-Democracy.
Right here with Bobby's blog.; 7:33 AM
Bob said...: There is copy errors.

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES OF AMERICA, INDICTMENT

Plaintiff,

v.

Defendants.
1. TIMOTHY CONRAD REHAK and
2. MARK PAUL NAYLON,

THE UNITED STATES GRAND JURY CHARGES THAT:
INTRODUCTION
At all relevant times:
1. The St. Paul Police Department is a government agency
responsible for enforcing the laws of the State of Minnesota
in St. Paul, Minnesota.
2. The Ramsey County Sheriff’s Department, including its Special
Investigations Unit, is a government agency responsible for
enforcing the laws of the State of Minnesota in Ramsey County.
3. Defendant TIMOTHY CONRAD REHAK was an officer of the St. Paul
Police Department, assigned to the Special Investigations Unit
of the Ramsey County Sheriff’s Department. REHAK was a peace
officer licensed by the State of Minnesota.
4. Defendant MARK PAUL NAYLON was an employee of the Ramsey
County Sheriff’s Department with the title of public
information officer. Although not a peace officer licensed by
the State of Minnesota, in fact, NAYLON engaged in actions and
(18 U.S.C. § 1343)
(18 U.S.C. § 1346)
(18 U.S.C. § 641)
(18 U.S.C. § 241)
U.S. v. Timothy Conrad Rehak, et al.
2
duties of a peace officer, and specifically those of a deputy
assigned to the Special Investigations Unit of the Ramsey
County Sheriff’s Department.
COUNTS 1-6
(Deprivation of Honest Services Fraud)
5. The grand jury hereby incorporates and realleges paragraphs 1
through 4 of this Indictment.
6. As part of their respective employment by government agencies
responsible for enforcing the laws of the State of Minnesota
in St. Paul, Minnesota, REHAK and NAYLON owed their honest and
faithful services to the State of Minnesota and its citizens,
who held the intangible right to the defendants’ honest
services, performed free of deceit, fraud, dishonesty,
conflict of interest and self-enrichment.
7. In accordance with Statute 626.8457 of the State of Minnesota,
the St. Paul Police Department enacted policies and procedures
including Rules of Conduct that prohibit, in relevant part,
the following actions:
• Any conduct or action taken to use the official position
for personal gain or influence.
• Failure to perform a duty imposed by law, Saint Paul City
Charter, Civil Services Rules or Department of Police
orders.
• Making a false report, either written or oral.
• Failure to promptly submit a written report to their
immediate supervisor, knowledge that any employee
U.S. v. Timothy Conrad Rehak, et al.
3
including one’s self is under investigation by another
law enforcement agency.
• Failure to inventory and process recovered property in
conformance with department orders.
8. In accordance with Statute 626.8457 of the State of Minnesota,
the Ramsey County Sheriff’s Department enacted policies and
procedures for its employees and agents including Rules of
Conduct that provide, in relevant part, as follows:
• Deputies shall not knowingly exceed their authority in
the enforcement of the law. (Rule 1.1)
• Deputies shall not knowingly disobey the law or rules of
criminal procedure in such areas as interrogation,
arrest, detention, searches, seizures, use of informants
and preservation of evidence. (Rule 1.2)
• Deputies shall carry out their duties with integrity,
fairness and impartiality. (Rule 2.1)
• Deputies shall truthfully, completely and impartially
report, testify and present evidence, including
exculpatory evidence, in all matters of an official
nature. (Rule 2.3)
• Deputies learning of conduct or observing conduct which
is in violation of any law or policy of this department
shall take necessary action and report the incident to
the officers’ immediate supervisor, who shall forward the
information to the Sheriff. (Rule 2.6)
• Deputies shall not conduct themselves in a manner which
adversely affects the morale or efficiency of the
department, and any conduct which has a tendency to
adversely affect, lower or destroy public respect and
confidence in the department or deputy. (Rule 4.10)
• Deputies shall not use the authority of their position as
peace officers, or information available to them due to
their status as peace officers, for any purpose of
personal gain. (Rule 7.3)
U.S. v. Timothy Conrad Rehak, et al.
4
8. Pursuant to Statute 626.863 of the State of Minnesota, a
person who is not a licensed peace officer shall not perform
or attempt to perform an act, duty, or responsibility reserved
by law for licensed peace officers.
9. Pursuant to Statute 609.52, Subd. 2 (1) & (5) of the State of
Minnesota, a person is prohibited from intentionally and
without claim of right taking, concealing or retaining
possession of moveable property of another, with the intent to
exercise temporary control where the exercise of control
manifests indifference to the rights of the owner, without the
owner’s consent.
10. Pursuant to Statute 626.16 of the State of Minnesota, peace
officers conducting a search pursuant to a warrant must give
a copy of the warrant and, when property or things are taken,
a receipt therefor (specifying it in detail) to the person in
whose possession the premises or the property or things taken
were found; or, in the absence of any person, the officer must
leave such copy of the warrant and receipt in the place where
the property or things were found.
11. From in or about 2004, and continuing through in or about
2005, in the State and District of Minnesota, the defendants,
TIMOTHY CONRAD REHAK
and
MARK PAUL NAYLON,
U.S. v. Timothy Conrad Rehak, et al.
5
aiding and abetting one another, devised and intended to
devise a scheme to defraud by means of depriving the State of
Minnesota and its citizens of the intangible right to the
defendants’ honest services, performed free of deceit, fraud,
dishonesty, conflict of interest and self-enrichment.
PURPOSE OF THE SCHEME
12. The purpose of the scheme and artifice was to unlawfully seize
property and to conceal their unlawful actions.
THE SCHEME
Integrity Test # 1- November 3, 2004
13. On or about November 3, 2004, a cooperating individual working
with the Federal Bureau of Investigation (the “FBI”) contacted
REHAK and advised him that a drug trafficker, who had rented
a hotel room in St. Paul, had been arrested and was trying to
recover drugs and currency left by him in the hotel room. In
fact, there was no such drug trafficker, which was a fiction
created by the FBI as part of an “integrity test” of law
enforcement. The cooperating individual provided REHAK with
the name of the purported drug trafficker and the name of the
hotel where the drugs and currency were purportedly located.
14. At the time REHAK was working with NAYLON. REHAK and NAYLON
went to the hotel where they identified the room rented (by
the FBI) in the name of the drug trafficker. The defendants
U.S. v. Timothy Conrad Rehak, et al.
6
attempted to gain unlawful entry into the room without a
search warrant. After the hotel clerk refused, the defendants
contacted an authorized Ramsey County Deputy (hereafter Deputy
#1) to apply for a search warrant. Based on the information
provided by the defendants, Deputy #1 applied to a Minnesota
state court judge who issued a search warrant for the hotel
room.
15. At approximately 3:30 p.m., the defendants and Deputy #1
entered the hotel room rented by the FBI. Deputy #1 began
searching the bathroom while the defendants searched the main
room. Defendant REHAK located a bag inside the dresser, which
had been left by the FBI with $13,500 in currency inside.
While Deputy #1 was inside the bathroom out of sight,
defendant NAYLON motioned for defendant REHAK to give him some
of the currency. REHAK gave NAYLON $6,000 in currency, which
NAYLON concealed by placing the currency in his jacket pocket.
16. Immediately thereafter, the defendants alerted Deputy #1 they
had discovered a bag and brought him into the main room. Once
Deputy #1 returned to the main room, defendant REHAK purported
to begin searching the bag and pulled the remaining currency,
$7,500, out from the bag.
17. Deputy #1, in accordance with the procedures of the Ramsey
County Sheriff’s Department and Minnesota state law, acted as
U.S. v. Timothy Conrad Rehak, et al.
7
the inventory officer. In order to properly secure and
inventory the seized currency, and in accordance with official
procedures, Deputy #1 and REHAK performed separate, duplicate
counts of the funds that were remaining in the bag, $7,500.
Deputy #1 and REHAK did not count the $6,000 that REHAK and
NAYLON had removed from the bag and concealed from the deputy.
During the course of the search, NAYLON left the hotel, went
to the trunk of his official vehicle and then returned to the
room.
18. During the execution of the search warrant, Deputy #1 called
for a trained canine. When another deputy (hereafter Deputy
#2) arrived with the canine, the canine was instructed to
sniff the $7,500 in currency for the odor of narcotics, which
was relevant evidence for potential forfeiture proceedings.
Deputy #2 was advised that only $7,500 was seized, which he
then reported in his official record of the incident. At no
time on November 3, 2004 or thereafter was the canine allowed
to sniff the remaining $6,000 taken by REHAK and NAYLON for
the odor of narcotics. At no time on November 3, 2004 or
thereafter did the defendants advise Deputy #2 that $13,500
was actually seized in the room.
19. At the completion of the search and while present in the hotel
room, in accordance with the official procedures of the Ramsey
U.S. v. Timothy Conrad Rehak, et al.
8
County Sheriff’s Department and the laws of Minnesota, Deputy
#1 completed an official receipt of the property seized
pursuant to the search warrant that indicated that only $7,500
was seized, because Deputy #1 was unaware of the $6,000 in
currency REHAK had handed to NAYLON to pocket. The
defendants’ concealment of the additional $6,000 seized by
them was material. In violation of their duties, the
defendants caused the official search warrant receipt to be
false. In accordance with the official procedures of the
Ramsey County Sheriff’s Department and the laws of Minnesota,
Deputy #1 left a copy of the official receipt in the hotel
room advising the occupant of what law enforcement had
purportedly seized. As the inventory officer, Deputy #1 took
control of the property lawfully seized during the execution
of the search warrant, including the $7,500.
20. After the defendants and the Ramsey County deputies had
completed the search and left the room, FBI agents entered the
room and confirmed that the full $13,500 had actually been
seized and removed from the hotel room, and not just the
$7,500 indicated on the official receipt.
21. Although the cooperating individual had told defendant REHAK
that both currency and narcotics had been left in the hotel
room by the fictitious drug trafficker, in fact, the FBI had
U.S. v. Timothy Conrad Rehak, et al.
9
left only drug packaging without any quantity of narcotics
along with $13,500 in currency. Following the search warrant,
the defendants became suspicious, believing it unlikely that
a drug trafficker would leave a large amount of currency in an
unattended hotel room.
22. After the search warrant had been completed, at approximately
5:30 p.m., and again at approximately 9:45 p.m., the
defendants caused numerous official law enforcement data bases
to be searched for the name of the fictitious drug trafficker.
These data bases indicated that there was no such person,
thereby alerting the defendants that the hotel room had likely
been a law enforcement integrity test.
23. Thereafter, later that night, at approximately midnight, each
of the defendants called Deputy #1 at his residence. The
defendants advised Deputy #1 that an additional $6,000 had
been seized in the search warrant. The defendants falsely
claimed that the additional funds had been recovered in the
box spring or mattress in the hotel room, when in fact the
defendants had taken the $6,000 from the bag with the other
funds.
24. The following day, the defendants provided Deputy #1 with the
remaining $6,000 so that he could take custody of the
property. Deputy #1 thereafter changed the department copy of
U.S. v. Timothy Conrad Rehak, et al.
10
the inventory to reflect the full $13,500 that had been seized
from the hotel room.
25. In the days that followed, Deputy #1 began the procedures for
forfeiture of the currency. To do so, Deputy #1 caused
official law enforcement data bases to be checked so as to
notify the owner of the money regarding the forfeiture
proceeding. At no time did the defendants advise Deputy #1
they had also checked official law enforcement data bases or
the results of those checks.
26. On or about November 3, 2004, the defendants believed that the
search of the hotel room had been subject of an integrity
test, but made no mention of the integrity test to Deputy #1
or Deputy #2, or to the defendants’ respective supervisors at
the Ramsey County Sheriff’s Department or the St. Paul Police
Department.
Integrity Test # 2 – July 12-14, 2005
27. On July 12, 2005, the FBI again used the cooperating
individual to contact REHAK to initiate another integrity
test. Again, in a telephone call at approximately 1:00 p.m.,
the cooperating individual reported to REHAK that a drug
trafficker had left drugs and currency stashed in a vehicle.
The cooperating individual provided REHAK with a description
of the vehicle and a general location. Again, the information
U.S. v. Timothy Conrad Rehak, et al.
11
was a fiction created by the FBI as part of an integrity test
of law enforcement, namely, defendants REHAK and NAYLON.
28. Later that day, at approximately 11:00 p.m., after additional
calls between the cooperating individual and REHAK, REHAK and
NAYLON were spotted near the target vehicle that had been
described by the cooperating individual and left by the FBI.
At approximately 11:24 p.m., the St. Paul Police Department
Dispatch queried the license plate of the target vehicle
through an official law enforcement data base and determined
that the target vehicle was registered to a company, rather
than an individual. REHAK and NAYLON were observed in
surveillance in the area, but the defendants left the area in
the early morning hours of July 13 without entering the target
vehicle.
29. The following day, on July 14, 2005 at approximately 2:30
p.m., the cooperating individual again contacted REHAK to
advise him the target vehicle had been moved and again advised
him that it contained narcotics and currency.
30. Thereafter, at approximately 3:00 p.m., NAYLON was observed
conducting surveillance on the vehicle. At approximately 4:30
p.m., NAYLON approached the target vehicle and wrote down the
VIN number.
31. At approximately 5:16 p.m., the Ramsey County Sheriff’s
U.S. v. Timothy Conrad Rehak, et al.
12
Department queried official data bases regarding the target
vehicle. The query indicated that the car had been reported
stolen.
32. At approximately 5:30 p.m., the defendants called in a canine
unit to the scene to sniff the vehicle left by the FBI. The
canine did not alert, however, for the presence of narcotics
in the vehicle, indicating that narcotics were not present
inside the vehicle, contradicting the information provided by
the cooperating individual. In fact, the FBI had left
currency, but no quantity of narcotics inside the vehicle.
33. At approximately 5:40 p.m., 6:00 p.m. and 6:12 p.m., NAYLON
called REHAK.
34. At approximately 8:30 p.m., REHAK arrived in the parking lot
where the vehicle was located. At approximately 8:40 p.m.,
REHAK contacted the cooperating individual and questioned “Why
would anybody store a substantial amount of dope in a stolen
car parked at a hotel?” The cooperating individual assured
REHAK that narcotics and currency were located in the target
vehicle.
35. At approximately 10:00 p.m., when no other law enforcement
officers were on scene, REHAK and NAYLON entered the vehicle.
Once inside, the defendants found a bag in the trunk with
currency but no narcotics.
U.S. v. Timothy Conrad Rehak, et al.
13
36. At that moment, the defendants disbelieved that a drug
trafficker would stash a large amount of currency inside a
vehicle; the defendants both knew that they were the subject
of a second integrity test, and the defendants both knew that
they were under surveillance.
37. Both defendants were then observed walking a short distance
away from the car where they conversed briefly.
38. When they returned to the car, the two defendants agreed to
treat the incident as having found a stolen vehicle. The
defendants called another deputy to arrange a tow of the
vehicle. All of the property, including the currency left in
the bag by the FBI, was inventoried by that deputy. Neither
of the defendants wrote a report regarding the incident.
39. Although both defendants knew that they had been the subject
of two separate integrity tests by law enforcement, they did
not report the events or the investigation to their
supervisors of the Ramsey County Sheriff’s Department or the
St. Paul Police Department.
THE WIRES
40. On or about the dates set forth below, in furtherance of the
scheme described above, and for the purpose of executing the
scheme to defraud by means of depriving the State of Minnesota
and its citizens of their right to their honest services, the
U.S. v. Timothy Conrad Rehak, et al.
14
defendants, for the purpose of executing and attempting to
execute the aforesaid scheme and artifice to defraud, on or
about the dates set forth below, did knowingly cause to be
transmitted in interstate commerce certain signs and signals
by wire, that is computer queries via internet connection by
the Ramsey County Sheriff’s Department of official law
enforcement data bases located outside the State of Minnesota:
Count Date/Time Database Query Result
1 11/3/2004
5:36 p.m.
National Crime Information Center
No NCIC Want
2 11/3/2004
5:38 p.m.
Illinois Secretary of State via
National Law Enforcement
Telecommunication System
No Record on File
3 11/3/2004 5:38 p.m.
Indiana Bureau of Motor Vehicles via National Law Enforcement
Telecommunication System
Not on File
4 11/3/2004
9:42 p.m.
Illinois Secretary of State via
National Law Enforcement
Telecommunication
System
User does not respond
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U.S. v. Timothy Conrad Rehak, et al.
15
5 7/12/2005
11:24 p.m.
Illinois Secretary of State via
National Law Enforcement
Telecommunication
System
Registered owner information
6 7/14/2005
5:16 p.m.
National Crime Information Center
Stolen Vehicle
41. All in violation of Title 18, United States Code, Sections
1343 and 1346.
COUNT 7
(Theft of Government Funds)
42. The grand jury hereby incorporates and realleges paragraphs 1
through 40 of this Indictment.
43. On November 3, 2004, in the State and District of Minnesota,
the defendants,
TIMOTHY CONRAD REHAK
and
MARK PAUL NAYLON,
each aiding and abetting the other, did knowingly steal,
purloin and convert, for their own use, and without legal
authority, funds of the United States, namely, $6,000 in U.S.
currency left in a hotel room by the Federal Bureau of
Investigation; in violation of Title 18, United States Code,
Section 641.
U.S. v. Timothy Conrad Rehak, et al.
16
COUNT 8
(Conspiracy to Violate Civil Rights)
44. The grand jury hereby incorporates and realleges paragraphs 1
through 40 of this Indictment.
45. From at least November 2004 through at least July 2005, in the
State and District of Minnesota, the defendants,
TIMOTHY CONRAD REHAK
and
MARK PAUL NAYLON,
while acting under color of the laws of the State of
Minnesota, did willfully conspire and agree together to injure
a person or persons in the State of Minnesota in the free
exercise and enjoyment of the rights and privileges secured to
such persons by the Constitution and laws of the United
States, namely the right not to be deprived of property
without due process of law by one acting under color of the
law.
OVERT ACTS
46. On November 3, 2004, while executing a state search warrant,
defendant REHAK found $13,500 in a hotel room and gave $6,000
to defendant NAYLON who pocketed the currency.
U.S. v. Timothy Conrad Rehak, et al.
17
47. On November 3, 2004, defendants REHAK and NAYLON reported to
two deputies who assisted in the search warrant that only
$7,500 had been seized in the hotel room.
All in violation of Title 18, United States Code, Section 241.
A TRUE BILL; 9:09 AM
Anonymous said...: Good info Bob. I noticed that the newoaoer version made it sound like Rehak was a former St Paul cop......like he doesn't work there any longer. This says he was on "loan" to the Sheriff, which makes him still a St Paul cop. Nice how they try to bail St Paul out of the mess with their distorted reporting.; 9:11 AM
Anonymous said...: Actually Geartner's boyfriend, now husband, John Wodele is an attorney. He went to law school after the marine corps.

All the rumors and everything about Finney, he has not be charged or indicted. Also, the chief works under the mayor. The sheriff is directly elected by the people and has greater power. Finney or Harrington could not appoint new cops, friend or not, they all have to go through the academy, have background checks and pass through an approval board that is not the Chief of Police. He can re-assign them and promote them (like he did Fletcher). He can not just bring them on the force.

That's the difference. When the public trust their safety with you and you abuse it by giving a criminal badges and the power to take away rights, you've messed up on another level.

Oh yeah, Finney retired and does not hold any office or police power. Any of those rumors about theft and extra benefits haven't been proven after internal investigation and external observation.

Right now, today, currently, Fletcher is the Sheriff. Even if Finney was the most corrupt policeman ever, he's gone and Fletcher is there. What has that to do with the team Bob Fletcher has assembled?

You deputies are all the same, your boss gets his decisions called into play and you yell Finney, like its a substitute for foul. Well, Finney is gone and Fletcher needs to follow.; 9:35 AM
Anonymous said...: The dirtiest cop is gone.

What are you going to do about the most corrupt Sheriff since Bull Conner?; 9:38 AM
Anonymous said...: I like the line 45:

45. From at least November 2004 through at least July 2005, in the State and District of Minnesota, the defendants, TIMOTHY CONRAD REHAK and MARK PAUL NAYLON, while acting under color of the laws of the State of Minnesota, did willfully conspire and agree together to injure a person or persons in the State of Minnesota in the free exercise and enjoyment of the rights and privileges secured to such persons by the Constitution and laws of the United States, namely the right not to be deprived of property without due process of law by one acting under color of the law.

With all the news about the FBI and others doing the same very questionable things with warrants, phone taps, who is giving them the integrity test.

I have known hundreds of honest police officers and FBI agents who would turn in the last penny in a situation like this.

I have also known some in law enforcement that have been less than honest. The word gets out about these individuals. The question about Finney's close relationship with the FBI has always asked. Finney received training at the FBI Academy. The FBI has never wanted to touch Finney when presented with numerous allegations. I personally know of a police officer in St. Paul who provided a lot of well-documented information about Finney and the FBI just looked the other way.

May be things are changing with the situation out in New York with the governor. I can only hope so, as Finney has a lot to answer for.; 11:00 AM
Anonymous said...: It seems the FBI should be looking in the mirror.

Here is news story on CNN today.

CNN 3-13-2008
Upcoming report shows how FBI used national security letters

Story Highlights:

NSLs are requests for companies to hand over financial, phone and Internet records

The information is requested without a court order

FBI slammed last year for how it used NSLs, failing to protect civil liberties

Reforms enacted since last year make bureau more accountable, says FBI director

From Kevin Bohn
CNN
WASHINGTON (CNN) -- The Justice Department's inspector general will release a report Thursday detailing more problems with the way the FBI used an investigative tool called national security letters.

Last week, FBI Director Robert Mueller told the Senate Judiciary Committee that the new report will show problems similar to ones detailed in the inspector general audit released last March covering the years 2003-2005.

The audit will detail how the bureau used national security letters in 2006.

The previous report documented problems with improper requests and unauthorized collection of phone and e-mail records, and indicated the FBI did not report all possible violations of procedures in the use of NSLs once officials became aware of them as required by law.

NSLs are requests sent to businesses that hold financial, phone and Internet records, asking that they turn over those records without a court order.

In an apparent effort to deflect criticism, Mueller volunteered the information about the upcoming audit in his opening statement to the judiciary committee and emphasized that the time frame covers a period before the FBI enacted reforms in the use of the letters.

"We have instituted new procedures and internal oversight mechanisms to ensure that we as an organization minimize the chance of future lapses," he told the committee.

None of the senators asked Mueller for any details concerning the upcoming report.

However, Judiciary Committee Chairman Patrick Leahy, D-Vermont, said in his opening statement, "Everybody wants to stop terrorists. But we also, though, as Americans, we believe in our privacy rights and we want those protected."

After the release of the report last year, the FBI was severely criticized for poor oversight of this investigative tool and for failing to show enough commitment to protecting civil liberties.

"New guidelines have been introduced, but last year's [inspector general] report makes clear that internal guidelines are meaningless to the FBI," said Michael German, national security counsel for the American Civil Liberties Union.

"It's becoming more and more obvious that outside oversight is essential since the bureau's learning curve is sadly unimpressive. Instituting judicial oversight would guarantee that someone would be looking over the shoulder of agents using a tool as invasive as an NSL."

Among the FBI reforms put in place last year are: creation of a new Office of Integrity and Compliance to identify areas of potential risk; regular audits tracking the use of NSLs; a new, detailed tracking database; and the distribution of new guidelines to agents clearly laying out the use of the letters.

"We will continue our vigilance in this area," Mueller vowed. "We are committed to ensuring that we not only get this right but maintain the vital trust of the American people."; 1:09 PM
Anonymous said...: Hey Bob, this is incredible.

The FBI catches their guys red-handed and what do we get:

1. Finney is corrupt too.
2. The FBI are corrupt.

Nothing about their guy being innocent. Nothing about the facts of the charges. Denial is the first step.
So:

1. If Finney is corrupt, where are the charges? He's been retired for what five years now? No one has been able to pull anything together? Don't give me the oh he so powerful shit either. He couldn't get the cops to endorse any of his candidates or himself. he couldn't get the county attorney to investigate the numerous campaign violations against Sheriff Fletcher (starting with the Sheriff ignoring the law for six years by not filing yearly reports on his campaign cash and what he used it for). He went to the FBI training back in 1982. We've had four preisidents and six FBI administrations since then. Finney is still buynig favors from them?

Only a nitwit could think so. The guy has been out of power for five years and still nothing.

2. If the FBI is corrupt, as you say, then the Attorney General and Justice are corrupt. So corrupt that these republican appointees are willing to cover for a Democrat (Finney). Wow. Finney should be governor.

If they are that corrupt, then how is the federal suit able to advance? You've already called the city out for being corrupt, the county judges as corrupt and now the Feds are corrupt.

Somewhere along the way, you still have to answer why this Naylon clown is in uniform and stealing money. If it is only because of his relationship to Fletcher (as even my detractor said) then its reflective of the Sheriff's Office and how he operates.

Its two appointments. One as the Public Information Officer for about 48,000.yr and the other is the position of Under-Sheriff. That adds another 30,000 to 48,000 (Sheriff's discretion) There are several under-sheriffs appointed at the Sheriff's discretion and they are the managers of that office answering to the sheirff.

So this guy is not a licensed cop, and never even attempted to become one in over ten years.
He is a public information officer with no previous experience OR education in this area (any area. He has a GED). Yet, somehow, he is one of the highest ranking deputies in Ramsey County.

Yes, that makes sense. Explain that without using the word 'Finney'.; 3:02 PM
Anonymous said...: I'l explain it without the word Finney....it Bullshit. The Feds will never get a conviction. They can indict anything, but they a re going to have prove to a jury what was going on in these guys minds and they won't be able to do it. It's not like they found the money a week later in their homes or something.....they turned it in and only they know why they turned it in. The Feds say they knew they were being watched....I'll look forward to them convincing a jury of that!; 3:47 PM
Anonymous said...: 3:02 PM,

You said Finney couldn't get the county attorney to investigate the numerous campaign violations against Sheriff Fletcher (starting with the Sheriff ignoring the law for six years by not filing yearly reports on his campaign cash and what he used it for).

Let me correct the record on this one. Fletcher did file all reports required. There was one report that the Ramsey County Elections office lost. Mr. Fletcher was notified about this three years after this one report was due. Mr. Fletcher wrote to Joe Mansky several times about the matter and provided Ramsey County with the report in question.

What you got confused was for six years the DFL City Committee failed to file their required reports. I am talking about all reports that were due for six years.

This was also reported in the papers and on several blogs. It is interesting that this was brought to the attention of Joe Mansky of the Ramsey County Election office and to date, as I have checked the file, no letter from Joe Mansky to the St. Paul DFL City Committee has ever been sent asking them to file their reports for six years.

Mr. Fletcher's file was missing one report three years past, but the DFL City Committee filed nothing for six years. The DFL City Committee spent over hundreds of thousands of dollars with no reporting.

Joe Mansky is a dedicated DFLer.; 8:43 PM
Anonymous said...: I listned to the Fletcher - Finney dabate on the radio and I gotta tell ya, Fletcher is the man for me. Finney was full of Bullshit and inuendos and Fletcher just syas it like it is and he doesn't give a damn if you like it or not. Hell, he even sued his own damn county. He arrested his own kid for the pete sake! If the Fletch makes a mistake along the way, so wht .....we all do. Get over it, at least you know where you stand with him and that's a heck of a lot more than you can say of any elected politician in St Paul or Rmasey County. I'll vote for Fletcher forever.

I am not in law enforcement either.; 9:15 PM
Anonymous said...: The Campaign Finance reports for City offices are always a problem. There is in effect no one monitoring them. The only action happens after a complaint and then with no teeth. My understanding with the City DFL is that they were filing state reports and not City reports for that time.

In the last election Hosko in ward 2 never filed a report on time. The reports that are required to be ten days in advance of the election came in after the primary for one and the day before the general on the other. His year end report due 1/31/08 still hasn't been filed as of 3/14/08.

JMONTOMEPPOF

Chuck Repke; 1:14 PM
Anonymous said...: Chuck,

Selective enforcement. This issue was made known to Joe Mansky and Aaron of the Ramsey County Elections Office and nothing was done because it is the Democrats.

One of Fletcher's reports was missing that was over three years old is a big deal with Joe Mansky, but the St. Paul DFL can miss 6 years of failing to turn in their reports and this is ok. Don't you see a little difficulty with this?; 1:53 PM
Anonymous said...: 1:53 Hosko is no democrat. He was running against Thune and he still hasn't filed his report and never has file one report on time!

The issue is City vs county I would guess and the county only services the reports for the city and takes no actions it appears.

JMONTOMEPPOF

Chuck Repke; 3:01 PM
Anonymous said...: Chuck,

You should know this one. The city and county election offices merged. The county does not just handle county elections, but city elections and requirements as well.

The City DFL failed to file their financial reports as required by law for six years.

The Independent and Republican Parties filed their reports.; 5:18 PM
Anonymous said...: Very interesting conversation. This whole thing stinks! It is more than obvious that Finney is behind all of this. Finney and his cronies might be laughing right now. But he will not be laughing for long.

BET ON THAT!!!; 3:47 AM
Anonymous said...: Hello! I am Sheldon Anderson and am running for Minnesota House - 17B

We are currently working on this site so please check back very soon and often for
updates.

Your help and support are needed now. The election is coming up fast! You can join
in the effort by calling or emailing to help with the campaign by hosting neighborhood meetings, sign placement, letter writing, etc, or by making a financial contribution.
This is a community effort; any kind of contribution will help. To make a financial contribution, click here.

I look forward to hearing your ideas and concerns as I campaign for
Anderson for House.

If you would like to contact me please feel free by calling (651) 755-4190 or by
email at info@andersonforhouse.com

Owner of Capital Investigations & Security Services, Inc. Located in St. Paul

45 employee's.

Previous positions

Worked for two other investigation firms conducting investigations until I qualified with 6,000 hours of investigative experience to obtain my own license in the State of Minnesota.

Residential Counselor at Bar None Boys Ranch in St. Francis, MN for troubled youth.

Past and present memberships

Minnesota Police and Police Officers Association MPPOA

Minnesota Association of Private Detective and protective Agents MAPPI

National Rifle Association NRA

Volunteer

Baseball, football and hockey coach & Assistant

Family Pathways Food Pantry in Forest Lake

White Bear Lake Police Reserve Officer

__________________________________

Anderson forgot to mention that his business partner is KEN PLUFF.; 4:21 AM
Anonymous said...: Didn't Sheldon sink Finney's campaign?; 3:59 PM
Anonymous said...: So now Anderson is a republican? After running a DFL campaign for endorsement and almost taking Bill Finney to the Sheriffs office? Now he's a Republican?

I wonder what he angle is?; 4:03 PM
Anonymous said...: OPEN LETTER TO DON TAYLOR
March 14, 2008

Dear Don,

I write to express my disdain for your negative attacks, and the taking of our endorsement process into the mud with a whisper campaign – for discrediting my allegiance and service to the party and the candidates I have supported through hard work and financial contributions. This ‘Clinton type’ tactic is beneath the dignity and standards of the Republican party and the delegates who have and will be giving their time and effort to elect a Republican to the House 17-B seat.

This type of effort only hurts our party and divides us at a time when we need to start uniting our voters and delegates in what will be one of the more important and hotly contested elections of our life time. Instead of promoting our strengths and accomplishments, you are using these tactics to camouflage your record of weakness and zero efforts in helping other candidates through hard work and financial support.

Most notably, you and your campaign staff have broken the 11th commandment of speaking ill of other Republicans.

I believe Ronald Reagan was right; that personally attacking other Republicans can only weaken the fabric of our Party.

When your fellow Chisago County Republicans made an effort to plan a Chisago County fundraiser you and your supporters did undermine those efforts. Unfortunately, another opportunity to unite and build our party was lost.

This is not the action of one being motivated by public service or the best interests of your fellow Republicans. I ask you, is this the kind of leadership you believe our fellow Republicans are looking for?

Your attempts with the help of your campaign committee to also take control of the leadership of Chisago County Republican Party and manipulate the endorsing process makes one question your commitment to free and fair elections and our party.

Your campaign appears to be nothing more than a setting of the table for the future and the hand picking of candidates and party leaders, leaving no place for it’s current leaders, past leaders or the delegates who should be in charge.

You have taken politics in Chisago County to an all new low.

I am demanding an immediate stop to your negative and deceptive campaigning and start talking about your accomplishments and the work for and within the Republican Party. You have stated you are a lifelong Republican; it is now time to back that statement up and tell the delegates what you have done to advance the party in any way shape or form.

I further request we have a debate at the April 5th endorsement day, giving the delegates a clearer picture of who they are casting endorsement votes for. They are entitled to know more about the issues. Our strengths, our accomplishments and our dedication to service as elected officials.

The delegates deserve no less..

Regards,

Sheldon Anderson

http://www.andersonforhouse.com/blog/; 7:02 AM
Anonymous said...: "I further request we have a debate at the April 5th endorsement day, giving the delegates a clearer picture of who they are casting endorsement votes for. They are entitled to know more about the issues. Our strengths, our accomplishments and our dedication to service as elected officials.

The delegates deserve no less.."

OK now who is going to volunteer to go up there and introduce Ken Pluff to the delegates???; 7:17 AM
Anonymous said...: Ken is not the only criminal Sheldon has close to him. A certain deputy for Ramsey county is very close to him. Let's hope he's not fired or in the clink before this.

Sheldon worked for Democrats just one year ago (Bill Finney) and has hired not just criminals but a cop who was fired for being dirty- Ken Pluff.

Not to mention as mayor he fired good workers and put cronies on payroll (and kids of cronies).

What else?

His wife who is on the Park Board is a Russian mail order bride. Never met her before they married.

I think the Republicans have enough problems without this clown.; 8:48 AM

A DEMOCRACY TOWN HALL

Wednesday, March 12, 2008

Feds indict two Ramsey County sheriff's employees on theft charges

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