Date: March 6, 2012
Author: Martha Bellisle
URL: http://www.rgj.com/apps/pbcs.dll/article?AID=2012303060063
Police report on Harvey Whittemore statement differs from lawsuit
claims of death threats
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The story that embattled lobbyist Harvey Whittemore told a police
detective about his former partners was different from the claims he
made in the federal lawsuit he filed after those partners sued him for
allegedly embezzling funds, according to court documents. Reno Police
Sgt. Ron Chalmers, the detective who took two statements from
Whittemore in 2011, said in his reports that he questioned the
lobbyist's story and said Whittemore's 'version did not make sense' to
him. But Whittemore's lawyer, Dan Bowen, said the police reports were
wrong and said he didn't know why the reports were allegedly incomplete.
In addition to being named in a list of civil lawsuits, Whittemore
also is the subject of federal grand jury hearings into his campaign
contribution activities. The grand jury heard from about a dozen
Whittemore associates last Wednesday, but federal officials have
declined to confirm whether they'll hear testimony tomorrow or next
Wednesday. Grand jury proceedings are held in secret.
Chalmers first became involved with Whittemore when he received a call
on March 4, 2011 from Washoe County Chief Deputy District Attorney
Karl Hall, according to the police report. Hall asked Chalmers to call
Whittemore and try to meet with him the following weekend to talk
about the business and possible threats. During meetings with
Chalmers, Whittemore said that he had heard through a third party that
one of his former partners in the Wingfield Nevada Group had
threatened to break his legs, the police report said. Whittemore never
mentioned death threats, according to Chalmers' reports. But in a
lawsuit filed against Tom and Albert Seeno Jr., Whittemore said he was
forced to turn over his assets to the Seenos 'under threats of
physical harm or death.'
Whittemore made it clear to Chalmers that he did not want the police
to investigate the Seenos or his case, and said that nothing the
Seenos did 'resulted in a crime.' That is very different from his
lawsuit statement, in which he claims the Seenos threatened to hurt
him and his family if he didn't turn over his assets. In his statement
to Chalmers, Whittemore said he had an 'oral' agreement with the
Seenos 'to hand over assets to the Seno family/company to be applied
to his debts,' the report said. The police reports were attached to a
new motion filed by Seeno lawyer Kent Robison, urging a judge to
dismiss Whittemore's federal lawsuit so they can focus on a lawsuit
filed in Clark County District Court accusing Whittemore of
misappropriating company funds.
Whittemore's own statements to police refute the very claims he made
in his lawsuit that crimes had been committed, Robison said. 'Contrary
to the hyperbolized sensationalism expressed in the complaint,'
Robison said in the motion, Whittemore only reported one third-party
threat and said 'no criminal activity' had occurred.
Bowers said the reports left out important information. '(Chalmers)
didn't put it in his report, but that doesn't mean Harvey didn't tell
him,' Bowen said of the alleged threats. 'Why it's not in there I have
no idea. Harvey says he told (Chalmers) about the whole thing from
beginning to end.' According to Bowen, Albert Seeno Jr. threatened
Whittemore and his family in August 2010, but Whittemore didn't report
it to the police because he did not have any witnesses. He only
decided to go to the police after he learned about the alleged
leg-break threat from a former employee, Bowen said. After former
Wingfield manager Brad Mamer came forward and told Whittemore about
the alleged threat by Albert Seeno III to break Whittemore's legs, 'he
now had confirmation,' Bowen said. 'It gave credence to the prior
threat.'
But Chalmers wrote in his first report in March 2011 that he
'confirmed with Mr. Whittemore the only threat which had been made to
the point of our contact was a threat (by) a third party to 'break his
(Whittemore's) legs.' Mr. Whittemore did not allege any other
threats.' In his second report dated Dec. 12, 2011, Chalmers said that
Whittemore said the Seenos threatened him with bodily harm. But later
in the report, Chalmers said he asked Whittemore if there had been any
new threats since their March meeting and Whittemore said no, and said
the only thing new was a lawsuit filed by the Seenos to collect funds
from the Whittemore Peterson Institute. 'Mr. Whittemore expressed
concerns that the Seenos were going to attempt to twist what may have
been mismanagement into a criminal violation,' Chalmers wrote.
Reno Police Lt. Mohammad Rafaqat said Tuesday that although Whittemore
previously insisted that he did not want a police investigation into
the matter, Whittemore called officials within the last few weeks and
asked them to launch one. 'And since there is a potential for an
investigation, and I emphasize potential, I can't comment any
further,' Rafaqat said.
During his meetings, Whittemore told Chalmers about his relationship
with the Seenos and the Wingfield group, and said he walked away from
the company in August 2010, according to the report. Whittemore said
he owed the company millions, but did not know the exact amount of his
debt, the report said. Whittemore said Albert Seeno Jr. had claimed
that Whittemore 'had violated company assets' and had 'accused
Whittemore of using company assets inappropriately to purchase his
children's vehicles and accused him of embezzlement,' according to the
report. 'Mr. Whittemore said the Seenos had also threatened to go to
the authorities and make allegations about his business practices,'
Chalmers wrote. 'I asked Mr. Whittemore if he was concerned that his
practices would land him in prison. Mr. Whittemore told me he was not
concerned because he did not violate the law.'
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(c) 2012 Reno Gazette Journal
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