All eyes were on Bernie Curran today at the Phillip Burton Federal Building as he received his sentence of 12 months and a day in prison, with two years of probation and an order to pay restitution.
The highly anticipated sentencing arrived after years of investigating Curran’s wrongdoings during his time as senior inspector at the Department of Building Inspection. Curran pleaded guilty to two counts of accepting illegal gratuities, admitting to have violated the public’s trust and abused his position for financial gain.
Curran began as a DBI inspector in 2005, and earned a promotion to senior inspector in 2009, a cool 12 years before his reputation crumbled with the revelation that he was issuing permits in exchange for illegal payments. That money went toward the refinancing of his mortgage, as well as a nonprofit rugby club that he vehemently supported.
Curran entered the federal building almost an hour in advance of his scheduled sentencing, appearing sheepish as he craned his neck to peer down each wing of the lobby. He avoided eye contact with onlookers.
In tow was his daughter, an incoming law student — a point his defense emphasized several times during the hearing.
Curran, walking with a limp, entered the courtroom accompanied by more than a dozen family members and friends, all of whom braced themselves for the sentencing previously proposed by the government: 18 months in federal prison, followed by three years of supervised release. The feds also called for Curran to pay a whopping $1 million restitution to the Department of Building Inspection for the costs of auditing his work.
With today’s sentencing, Curran also stands to lose his monthly pension of $4,518.50.
Presiding over the hearing was Judge Susan Illston. “Mr. Curran, did you have the chance to read the probation report prepared for your hearing?” she asked.
“No,” he answered, as his attorney concurrently answered, “yes.”
His family and friends dotted the booths, some crying, all visibly distraught. At one point, a family member slumped forward, his head nearly touching his knees. Light bounced off a gold band on the finger that rapped against a bulging vein on his forehead.
Curran’s attorney, Thomas Mazzucco, said that his client understood the illegality of his actions. However, he argued for a lenient sentence, pointing to the fact that Curran’s illegal activity manifested in donations to charity.
“I believe that Bernie Curran is the only person convicted of funneling money to a nonprofit of which he didn’t get any,” Mazzucco said.
Mazzucco went on to cite the opulent benefits acquired by other San Francisco officials busted in the years-long federal corruption probe: “Gold Rolex watches, jewelry, family vacations to Hong Kong … Bernie Curran had $9,600 given to charity. I’d just like to highlight that distinction, if I may.”
Corruption files and Bernie Curran
Throughout Mazzucco’s impassioned argument, Curran wept, rubbing his hand over his face while his attorney patted him on the shoulder.
His tears did not so easily move Judge Illston. “The fact remains that Mr. Curran is guilty of these offenses, even if his admissions are correct,” she said with knitted brows, leaning forward to address him sternly.
As expected, federal prosecutor Casey Boome echoed her comments.
“I would ask this court to remember who is not here. They are the honest people who get up every day and go to work at public positions in San Francisco,” Boome said.
“Many of them may have had opportunities in their career to do what Mr. Curran did: Corruptly enrich themselves in government positions.”
Curran did not attempt to deny his wrongdoings once he got to the podium. Today’s posture contrasted sharply with his previous reactions of fervently insisting that his work was still honest and justified.
“I am ashamed of my actions. You know I’ve always tried to treat every client that I ever had with kindness and fairness,” Curran said, nearly whispering into the microphone, his hands hanging loosely at his sides.
“I’m hoping for mercy from the court, but willing to accept my punishment as a man.”
Mercy he got, with six months less than federal prosecutors had requested.
During the sentencing, Mazzucco argued that the $1 million dollar estimation provided by the DBI regarding the auditing of Curran’s activity as Senior Inspector was grossly overrated, and not validated by any substantial evidence.
He attributed the estimation to feuding sentiments. “There was personal animosity between them, the auditing inspector and Bernie,” Mazzucco explained.
Mazzucco successfully lobbied to postpone the finalization of all restitution matters. Judge Illston agreed to a hearing on Sept. 8, one in which financial paperwork submitted by the DBI would be inspected more closely to see if the $1 million estimate was valid.
Judge Illston also asked if Curran’s properties were valid for forfeiture regarding restitution, a question that had some family and friends lean into each other, exchanging hushed whispers. They did not appear happy.
Mazzucco failed to give a yes or no answer but said that this could all be discussed on Sept. 8.
When the sentencing concluded, Curran’s family and friends gathered beside the courtroom door, their silence filling the hallway.
Curran, who must report to prison within 90 days, was long gone by then, already marched down the hall by his defense attorneys to escape the press that lingered with notebooks and pens ready. Curran’s friends and family also had no interest in talking to the press, and turned their noses away in disdain.
One member of the group broke away and marched towards the elevator.
Inside, he leaned his head against the corner and cradled his arms across his chest.
“I grew up with Curran, I know him. I know who he is,” he insisted with a jaw clenched so tightly that his chin quivered. “I know what he did was wrong. I would have told him to his face, had I known. Those people don’t know who he is.”
And with that, the doors swung open and he quickened his step, past the metal detectors and through the gates, disappearing into the throngs of people waiting in line at the passport office.
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How much does Nuru have to pay back? Has Nuru’s pension been forfeited due to his years-long fraud?
Yes, Nuru has lost his pension. I do not recall restitution being part of his sentencing deal.
JE
I can’t cite specifics, having been banned from doing so. But Matt Haney once said the type of corruption we see in this one instance is pervasive throughout SF gov’t. As a former SFDPW whistleblower, I can tell readers he was spot on. Cases like this convey the impression that the feds are hot on the trail of criminals in SF gov’t, but that’s not the case. They are aware of much more, and have the specifics for investigating and prosecuting, but instead join with city leaders to discourage or victimize whistleblowers. SF is not alone. When the public shrugs off the importance of it because they think it doesn’t affect them, they are naive. This corruption relates to much more, especially the rising cost of housing and the cynicism among city workers. Solving it begins with a complete overhaul of hiring to stop cronyism. The hiring process may be slow, but the solution is NOT to eliminate merit based hiring. It’s to make that real. The first line of defense against what you read about at DBI and DPW is the workers themselves. When they feel they owe their jobs to management favors instead of their own worth, they remain quiet. This seemingly minor issue, that of merit based hiring, is the primary key to resolving this. It’s also time for ‘progressive’ supervisors to embrace this, but only one has spoken up about it. And that wasn’t Haney.
Time for brave individual to whistleblow the corruption at SFO concession. Legacy tenants buy established Bay Area minority business. The new tenant is an absent owner paid a yearly stipend + a percentage for their silence. The Legacy tenant can then lobby for premiere store fronts and run the business to their liking
A new Concession tenant who do not buy into this scam may be awarded a poorly located store front.
Anyone who has done a project through the DBI will tell you he is the norm, not the exception.
The real affront is to the people of SF who play by the rules and earnestly try to navigate the DBI procedures, not realizing that the way to get things done is to pay “permit expediters” and people like Bernie Curran. Mr. Curran is probably one of many corrupt city officials out there — one clumsy enough in his graft that he got himself caught. Scratch the surface and it seems easy to see that the only way mortals can get anything done in this city is to funnel money to La City Familia.
White collar crime pays!
The never ending public corruption criminal ring under Mayor Breed’s no moral administration.