Paul Biane is Arrested

Ten hours after he was supposed to have turned himself in to authorities, former San Bernardino County Supervisor Paul Biane was taken into custody by law-enforcement at the LA/Ontarion International Airport.

Ontario Airport Police and investigators with the San Bernardino County District Attorney's office took Biane out in handcuffs just after 5 p.m., only moments after he stepped off a plane, said Susan Mickey, spokeswoman with the DA's office.

Officials did not release any other details about the arrest.

Biane, and three other men, including James Erwin, former chief of staff to Neil Derry, were indicted by a grand jury in connection with a corruption probe. All had agreed to turn themselves in at 7 a.m. today, but Biane never arrived, Mickey said.

As a result a felony warrant was issued for his arrest, Mickey said.

Erwin did surrender. Mark Kirk, former chief of staff to Supervisor Gary Ovitt, and current director of government relations in the county administrative office, and Jeffrey Burum, a general partner of Colonies Partners, L.P., a developer, also turned themselves in.

The men were arrested in connection with a $102 million bribery scheme. All were indicted yesterday by the San Bernardino County Grand Jury on 29 counts of conspiracy to commit bribery, misappropriation of public funds, improper influence and conflict of interest, according to a news release issued by the California Attorney General’s office.

"When public officials act corruptly, every Californian is their victim," said Attorney General Kamala D. Harris in a written statement. "Let the San Bernardino indictments send a strong message that we will never tolerate this sort of abuse of the public trust."

Harris’ office partnered with San Bernardino County District Attorney Michael A. Ramos’s office to investigate the case and present it to the grand jury, according to the news release. They will share in prosecution of the charges, officials said.

Erwin, Kirk and Burum were booked at Central Detention Center in San Bernardino.

Biane is also charged with misappropriation of public funds, filing a fraudulent tax return, perjury, filing a false instrument and two counts of bribery, officials said.

Kirk is accused of bribery, improper influence, forgery, filing a fraudulent tax return, willful failure to file a tax return, four counts of perjury, three counts of filing a false instrument and four counts involving bribery.

Burum is charged with four counts involving bribery, officials said.

The charges stem from a $102 million settlement approved by the Board of Supervisors in 2006 with the developer, Colonies, over flood control improvements on 434 acres of land in Upland.

According to the indictment, between January 2005 and November 2006, Burum influenced “members of the Board of Supervisors through a combination of threats, extortion, inducements and bribery, in order to secure their vote in favor of a settlement."

Erwin joined the conspiracy and reportedly threatened and coerced William “Bill” Postmus, then chairman of the Board of Supervisors, Biane and Kirk to accept the settlement.

According to the indictment, Erwin accepted money in exchange for influencing Postmus and Biane’s vote. Kirk also took payment to influence a vote, officials said.

Postmus and Biane agreed to accept a bribe to approve a Colonies settlement. The bribes were reportedly $100,000 each. After Colonies received the $102 million settlement, Burum distributed the bribes/payments to Postmus, Biane, Kirk and Erwin, according to the indictment.

The defendants used political action committees to conceal the bribes, officials said

In March, Postmus pleaded guilty to 14 felony counts, including conspiracy to accept a bribe and conflict of interest. He has agreed to cooperate in the continuing investigation.