FROM:
George Kennedy, District Attorney   CONTACT:
Julius Finkelstein, Supervising Deputy District Attorney
Economic Crimes Group
(408) 792-2744   For release on January 18, 2005   CRIMINAL CHARGES FILED AGAINST SAN JOSE COUNCIL MEMBER TERRY GREGORY   Santa Clara County District Attorney George Kennedy today announced that on Tuesday, January 18, 2005, a criminal complaint was filed charging San Jose Council Member Terry Gregory with 9 misdemeanor counts of Government Code § 87207-91000 for failing to report eight gifts valued at $1,296.00 and one loan in the amount of $4,000.00 that Mr. Gregory received during 2003, which he subsequently failed to disclose in the Economic Interest Statement that he filed on April 1, 2004, and 2 misdemeanor counts of Government Code § 87100-91000 for attempting to influence governmental decisions that either had, or would have had, material effects on two individuals who each gave Mr. Gregory gifts valued in excess of $340.   Mr. Gregory has agreed to resign from the City Council and to enter no contest pleas to all charges.  Under the terms of the plea agreement Mr. Gregory’s sentence will not include any incarceration in the county jail. However, Mr. Gregory may be placed on probation, ordered to perform community service, and to pay various fines and fees as well as restitution as determined by the Court. The maximum penalty for each of these misdemeanor offenses is 6 months in the county jail and a fine of up to$10,000.00.   A court date has not yet been set.   Mr. Gregory was first elected to the San Jose City Council for District 7 on November 5, 2002, to a four-year term from January 1, 2003 to December 31, 2006.   The following are the gifts which Mr. Gregory is alleged not to have reported:  
  • A round of golf at Cinnabar Golf Course on June 13, 2003 from Eric Brandenburg valued at $100
  • Participation in a golf tournament at Santa Clara Golf & Tennis Club on June 16, 2003 from Wylie,Bride valued at $200
  • 4 tickets to Oakland A’s versus NY Yankees game from John DiNapoli valued at $120
  • 2 suite tickets to August 10, 2003 CyberRays game from Dean Munro valued at $106
  • 2 tickets to Building and Earth Awards event on August 21, 2003 from the Building Owners and Managers Association valued at $110
  • A round of golf at Cinnabar Golf Course on September 19, 2003 from Eric Brandenburg valued at $100
  • 2 tickets to PRC September 26, 2003 celebration at Dynasty Restaurant from Steven Dang valued at $60
  • 2 tickets to the Legends and Leaders event on November 11, 2003 at The Fairmont from IBM valued at $500
The $4,000 loan which Mr. Gregory is alleged not to have reported is from Susan Thomas aka Susan Sandy.   The conflict of interest charges are based on Mr. Gregory’s attempts to broker a settlement of claims made by Dennis Fong against the City of San Jose in connection with the City’s efforts to acquire the Tropicana Shopping Center through the eminent domain process and Mr. Gregory’s vote on a grant and loan to Core Development after Core Development’s owner, David Neale, gave Mr. Gregory’s girlfriend a $495 per month discount on the rent at one of Core Development’s apartment buildings.  
     

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