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US Attorney won’t prosecute Duvall; lobbyist reinstated

November 2nd, 2009, 2:19 pm · 21 Comments · posted by BRIAN JOSEPH, Sacramento Correspondent

Less than a week after the California Fair Political Practices Commission announced it would not investigate former Assemblyman Mike Duvall, the FBI and U.S. Attorney’s Office issued a joint statement today saying that no action will be taken against the former Orange County state lawmaker.

Sempra Energy, whose employee Heidi DeJong Barsuglia reportedly was one of the lobbyists who had sex with Duvall, responded by issuing its own statement saying it had closed it investigation in the allegations and has reinstated Barsuglia.

“What is shocking to me and my family is that anyone would have taken seriously the statements of someone boasting about his alleged exploits or even believed for a moment that they were true,” Barsuglia said in her own press release, marking her first public statements since the scandal broke on Sept. 8.

In case you’ve already forgotten the most salacious Orange County political scandal in years, Duvall, a married Yorba Linda Republican, was caught on tape bragging about what sounded like sexual conquests with two different women.

Reports by KCAL and OC Weekly said that the women were Sacramento lobbyists, one being Barsuglia. Duvall resigned from office the day after the tape was broadcast and Sempra put Barsuglia on temporary leave.

In short, Duvall’s career (and possibly his marriage) were ruined and Barsuglia at the least will have a tough time working in the State Capitol again — all for reports that haven’t been substantiated.

The tersely written statement from the Department of Justice says simply:

United States Attorney Lawrence G. Brown and FBI Special Agent-In-Charge Drew Parenti announced today that the FBI has concluded its preliminary investigation concerning comments made by former California Assemblyman Mike Duvall and no prospective action by the United States Attorney’s Office is warranted.

Sempra’s statement is a bit longer, blasting that the reports as “unsubstantiated” and reiterating that the company would never tolerate the sort of thing that was alleged.

The U.S. Attorney’s Office, FBI and California Fair Political Practices Commission all have announced that their investigations into the unsubstantiated reports about former Assemblyman Duvall and our employee have been closed and no further action is warranted.

Sempra Energy stands ready to cooperate fully with additional official inquiries, should any be initiated. The company does not tolerate the type of behavior alleged in the media reports.

Our employee has denied that she engaged in any inappropriate conduct in carrying out her responsibilities.

Consistent with the outcome of the government investigations and Sempra Energy’s own investigation, we have closed our review of this personnel matter and reinstated our employee to active status.

Barsuglia also has hired her own Sacramento-based attorney, who issued the following statement:

With the announcement by the United States Attorney and the Federal Bureau of Investigation that they have concluded their investigations without any reason for action:

Mrs. Heidi Barsuglia said today that: “This experience has been a professional and personal nightmare. I did nothing whatsoever illegal or unethical with former Assemblyman Duvall or anyone else. What is shocking to me and my family is that anyone would have taken seriously the statements of someone boasting about his alleged exploits or even believed for a moment that they were true. I am now pleased to be able to say publicly that, the United States Attorney, the FBI, the FPPC and my employer have all carefully examined the facts and found no violation of legal or ethical standards.”

Malcolm Segal, Mrs. Barsuglia’s personal attorney, said that: “Mrs. Barsuglia has been defamed in monumental proportions. Her reputation, her job, and her exemplary career have all been placed in jeopardy by Duvall’s disgusting remarks. Sadly, his recorded comments were clearly made in a way which lead people to believe that she was the subject of his conversation and his statements after the tape became public did very little to correct the situation.”

“Just so there is no doubt left in anyone’s mind,” Segal said, “what Mr. Duvall later called ‘inappropriate storytelling’ was just a plain old-fashioned lie. Mrs. Barsuglia is considering all of her legal remedies.”

Mrs. Barsuglia has cooperated fully with her employer and the government authorities from the moment this issue surfaced. She wishes to thank Sempra Energy not only for their fair treatment of her from the beginning but also for the support provided by management and her fellow employees and colleagues. Needless to say, she also thanks her family and many friends for their support and the comfort they provided.

Now that all of the inquiries are concluded and the matter put entirely to rest, Mrs. Barsuglia very much looks forward to returning to work. She desires to resume her personal and professional life free of the unfair rumors and discussions caused by this incident and will not be commenting any further on the subject.

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Posted in: AssemblyCalifornia Legislature
 
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 21 Comments

  • Allan Bartlett says:

    Wow Heidi is reinstated. Nothing to see here. Move along.

  • ocobserver says:

    So is Heidi going to take legal action against Duvall???

    If not, why not???

    Is she willing to take the stand and say “I did not do the nasty with that man?”

    Let’s wait and see. :)

  • Debbie says:

    So Sempra really wins big time! No legal heat for Duvall so all actions can resume.

    As for me and my vote I don’t buy Sempra’s, Duvall’s or Heidi the Tarts story.

    And that goes for Miller who says he wasn’t listening but turned his chair towards Duvall and asks questions.

    Vote no on all of the above.

  • Lori says:

    I agree with Debbie:

    SEMPRA ENERGY along with all the rest …like BIG PHARMA…HIRE GOOD LOOKING WOMEN to lobby these men, or should I say BOY’S. It’s nothing more than a cheap ploy to get their VOTE or BUSINESS.

    I suppose Duvall will want an APOLOGY from the state for HIS misdeeds.

    Don’t kid yourselves people…this same stuff happens all the time but this time Duvall was stupid enough to get caught on tape.

  • greylox says:

    **Well at least there is one less pig at the trough.

  • Lori says:

    Also…

    The F.P.P.C. is a JOKE, just WHO do they EVER go after and prosecute?

    Look at SCOTT BAUGH’s record , how many times was he accused of FAILURE TO DISCLOSE CAMPAIGN INFO…PERJURY…NOT DEPOSITING CAMPAIGN FUNDS INTO ACCOUNTS!

    What was it? like 22 counts of campaign crap? and what happened? NOTHING, just like always. The F.P.P.C. is GUTLESS!

    Just check out the O.C. Weekly’s reporting at that time, (of course you have to go to the Weekly because the newspaper’s didn’t get into the dirty details)

    • ocobserver says:

      Lori,

      What do you expect?? Have you ever examined the backgrounds of those who sit on the FPPC??? Most are former legislators or former lapdogs for legislators. Who do you think they’re accountable to?? You or their buddies?? The sad fact is that we fund the FPPC with our taxdollars. Another worthless expenditure of our money. Realistically nothing will change under the current system. We’re like a body infected with an insidious virus and undergoing slow organ failure.

  • Donkey says:

    It seems that the justice system treats politicians just like they do illegal aliens. Ignore their crimes!

  • lindav123 says:

    Hey Guys, she was just doing her job. Believe me, they don’t care how she does it, just as long as they benefit.

  • know em all says:

    Educated Prostitues, I mean Lobbyist…Cool…

  • Bob Holt says:

    If the US Attorney prosecuted Duvall he would have to go after 90% of the legislature and then who would turn out the lights in Sacramento.

  • Ben says:

    The defamation suit will be interesting. Duvall might have to prove that he actually did have sex with her in order to win. I expect there will be a settlement.

    • ocobserver says:

      ben, everything behind closed doors out of the public’s view. That will be the order of the day from above. Even if the award has to be paid out in California taxdollars keep it as quiet as possible. They don’t want the public to really find out what goes on up there in Sacramento. If Duvall plays his cards right I expect him to land a nice cushy $150000 job on some underworked commission at the Capital. In the end everybody but the taxpayer gets what he or she wants.

  • OC Dem says:

    Just one problem Ben. Duvall never mentions her name or her employer.

    That was done by the news reporters who broke the story.

  • robert says:

    Just read the article about the guy who shined a laser light at a couple airliners, got 2 1/2 years. These people walk. Cause they take care of there own? VOTE ALL OF THEM OUT

  • James says:

    Too many Republican hypocrites who declare family values, conservative personalities, and they turn out to be spouse cheaters, and liars !

    • Wade says:

      Conservatism and authoritarianism go hand-in-hand. That’s why they worship Reagan - because he was the ultimate Daddy figure. I think conservatives enjoy the idea of moral behavior - for others, namely the lower social classes whom they like to regard as children without the moral rectitude required to get ahead in life.

  • onewhoknows says:

    She would have a tough time suing Spanky McDrippy; he never mentioned her name.

  • John S. says:

    These days the “everyone does it so it must be ok” mentality prevails so nothing is done. Open Mike Duvall just happened to get caught.
    Embarassing. How many others are thinking “glad it wasn’t me!”?

  • Bob Holt says:

    ocobserver,

    Unfortunately, our government looks at us as merely an after thought. Both parties have there cool aid drinkers and some even post a comment once in a while. Our districts are arranged so no one can loose and special interest money rules. I hope someday people stop complaining and start voting. With the small number of voters government and special interest groups have no problem running this state, but if large numbers came out to vote the legislature and special interest could not handle the pressure. You can’t buy everyone! The Legislature would have to start paying attention to the voters, for fear of awaking the sleeping giant and we have seen some opposition with the Anthony Adams episode. I don’t know about you people, but I’m tired of living like a second class citizen in my own country.

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