Head of D.A. Charity Out at Sheriff’s Dept.

An Irvine businessman listed as head of the district attorney’s nonprofit charity resigned Wednesday from his post as a Sheriff’s Department reserve deputy after a background investigation turned up past legal problems.

Ghaby Nassar agreed to step down from the reserve deputy position after investigators asked him about an arrest and restraining order he did not disclose during a previous background check, said sheriff’s spokesman Jim Amormino.

Nassar, 56, is listed in state corporation records as leader of the Tony Rackauckas Foundation, a fledgling fund-raising group that the county’s top prosecutor said will raise money for youth programs. Nassar has not resigned from that post and declined requests for an interview.

Both Rackauckas and sheriff’s officials launched inquiries last week after The Times asked them about Nassar’s background.

Rackauckas said he never appointed Nassar chief executive officer of his foundation, as is listed in state records. Rackauckas also said he was unaware that Nassar had ever been arrested or was the subject of a restraining order.

“If these allegations are true, this would be of great concern to the district attorney,” said Tori Richards, a Rackauckas spokeswoman.

Nassar’s attorney, Paul Konapelsky, said his client didn’t tell sheriff’s officials about the restraining order because he never knew one had been issued. Konapelsky said deputies must have served court papers to the wrong person or to the wrong address because Nassar never received them. According to court records, Nassar did not show up for the hearing in which the judge issued the order.

His business partner, Eugene Abbadessa, said Nassar only wants to help law enforcement, giving back to the community for the business success he has experienced.

Nassar’s resignation came as sheriff’s investigators sought additional information about what they described as conflicting statements he made in applications for the reserve deputy program and for a concealed weapons permit, which he received.

In his reserve deputy background check, Nassar stated he was arrested in 1981 for assault and pleaded guilty to a misdemeanor charge of trespassing, according to Sheriff’s Lt. Stephen Fauchier. In his weapons permit application, Nassar indicated he had never been convicted of a crime.

Nassar also stated in his permit application that a restraining order has never been issued against him. According to court records, a judge in 1987 issued a one-year restraining order after an ex-girlfriend accused Nassar of hitting her. A marshal’s deputy served Nassar with a copy of the restraining order request, records show.

“The discrepancies on both those applications--that’s definitely [being] looked into,” Amormino said.

In addition, Orange County Sheriff’s Department officials said that Nassar failed to disclose to investigators that the Riverside County district attorney’s office charged him with making threatening telephone calls in 1991, a charge that was later dismissed.

“He’s preparing a letter and he’s going to turn in his badge.” Amormino said. “He said if he did anything wrong he was sorry.”

Nassar was a Rackauckas supporter during the district attorney’s 1998 election, though records show the businessman did not contribute money to the campaign. Nassar is chief executive officer of Irvine-based Western Global Telecommunications.

Richards said Rackauckas gave some supporters permission to file his charity’s corporation papers but not the authority to assume leadership roles.

“No one has been told they will have any post,” Richards said. “There are a few individuals who volunteered to do some of the paperwork themselves . . . and that’s what happened.”

Rackauckas’ charity will be funded largely by donations from business executives who will be listed as “commissioners” in the foundation, Richards said. They will receive commemorative badges, mounted on plaques.

The charity will have district attorney investigators run background checks on prospective commissioners to make sure they have clean backgrounds. This is a legitimate use of public resources, Richards said, because the charity is a reflection of the office.

“They will in an indirect way be affiliated with the district attorney’s office, so it’s important to know the background of the individuals,” Richards said.

Rackauckas plans to take command of the charity when he has time and likely will name new officers the next time corporation papers are filed, Richards said.

Such foundations are becoming increasingly common among top law enforcement officials as a way of raising money for worthy causes related to the criminal justice system.

Nassar was a member of a special unit of reserve deputies formed by Sheriff Mike Carona. The “professional service reserves” do not have arrest power, as do some reserves. They are issued badges and tapped by the department for guidance in business, communications and other areas, said Sheriff’s Lt. Fauchier.

Prospective reserves are put through a rigorous background check, including computer searches for criminal convictions and prior restraining orders, Fauchier said.

Nassar continues to hold his concealed weapons permit, though sheriff’s officials are now reviewing his permit.

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Times staff writer Jack Leonard contributed to this report.