LOS ANGELES –
A former Los Angeles city councilman has agreed to plead guilty to a federal
criminal charge stemming from his obstruction of a public corruption
investigation related to his acceptance of gifts – including cash, hotel rooms
and expensive meals – from a businessman during trips to Las Vegas and Palm
Springs in 2017.
In a plea agreement
filed this morning in federal court, Mitchell Englander, 49, of Santa Monica,
agreed to plead guilty to one count of scheming to falsify material facts.
Englander
represented Los Angeles Council District 12 in the San Fernando Valley from
July 2011 until he resigned on December 31, 2018, when he had almost two years
left on his term. Among his other duties, Englander served as the Council
President Pro-Tempore and was on the Planning and Land Use Management (PLUM)
Committee, which oversees many of the most significant commercial and
residential development projects in the City of Los Angeles.
According to
his plea agreement, Englander schemed to cover up cash payments, expensive
meals, escort services and other gifts offered to him from a businessman –
identified in court documents as Businessperson A – who operated companies in
Los Angeles relating to major development projects and sought to increase his
business opportunities in the city. Two months after the Las Vegas trip, Businessperson
A began cooperating with the FBI in a public corruption investigation focused
on suspected “pay-to-play” schemes involving Los Angeles public officials,
including by making covert recordings of Englander’s interactions with him.
From August
2017 until December 2018, Englander knowingly and willfully falsified and
concealed material facts pertaining to this federal public corruption
investigation, the plea agreement states. Specifically, Englander admitted he
covered up facts that he had accepted items of value during June 2017 trips to
Las Vegas and Palm Springs.
On that trip,
when he was accompanied by two city staffers, a lobbyist and a real estate
developer, Englander accepted from Businessperson A an envelope with $10,000 in
cash, hotel rooms, $1,000 in casino gambling chips, $34,000 in bottle service
at a nightclub, and a $2,481 dinner. Businessperson A also paid for two female
escorts to arrive at their hotel and later instructed one of the escorts to go
to Englander’s room, according to the plea agreement.
At a golf
tournament in Palm Springs on June 12, 2017, Englander accepted an envelope
containing $5,000 in cash from Businessperson A, according to the plea
agreement. Shortly after the trips, Englander arranged for Businessperson A to
pitch his business to a friend of Englander’s who was a developer.
In August
2017, after he learned about the FBI’s public corruption investigation,
Englander sent an encrypted message to Businessperson A, via the online
messaging service Confide, indicating that he wanted to reimburse him for
portions of the June 2017 Las Vegas trip.
On at least
three occasions, Englander attempted to coordinate statements he made to the
FBI and federal prosecutors with Businessperson A, and Englander counseled
Businessperson A how to lie to and mislead the FBI agents and federal
prosecutors conducting the public corruption investigation, the plea agreement
states. Englander admitted that on February 6, 2018, he told Businessperson A
how to answer certain questions from the FBI and to withhold material
information from the FBI, including questions about escort services provided by
Businessperson A and Englander’s purported attempts to reimburse Businessperson
A. On February 12, 2018, Englander met Businessperson A in Englander’s car and,
after Englander turned up the car stereo, Englander again repeatedly told
Businessperson A how to respond to FBI questions while driving in a circle
around the block.
Englander
also admitted to making false statements to the FBI and federal prosecutors on
three separate occasions in 2017 and 2018. For example, on February 7, 2018,
Englander falsely stated that he and Businessperson A had not discussed the FBI
or its investigation, and that he did not tell anyone what to say to the FBI.
On December 31, 2018, the day he resigned from the Los Angeles City Council,
Englander again met with the FBI and federal prosecutors, and made additional
false statements about receiving personal benefits from Businessperson A, and
also falsely stated that he encouraged Businessperson A to “be transparent, and
share everything” with the FBI.
The court has
not scheduled a date for Englander to enter his guilty plea. Once he does
formally enter the guilty plea, he will face a statutory maximum sentence of
five years in federal prison.
The case
against Englander is part of an ongoing public corruption investigation being
conducted by the FBI and the U.S. Attorney’s Office. Englander is the second
person to agree to plead guilty to a federal felony related to this ongoing
investigation. Justin Kim has agreed to plead guilty to a bribery offense for
facilitating a cash payment of hundreds of thousands of dollars intended for a
different Los Angles City Councilmember.
Any member of
the public who has information related to this or any other public corruption
matter in the City of Los Angeles is encouraged to send information to the
FBI’s email tip line at pctips-losangeles@fbi.gov or to contact the FBI’s Los
Angeles Field Office at (310) 477-6565.
This case is
being prosecuted by Assistant United States Attorney Mack E. Jenkins, Chief of
the Public Corruption and Civil Rights Section, and Assistant United States
Attorneys Veronica Dragalin and Melissa E. Mills of the Public Corruption and Civil
Rights Section.
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