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December 31, 2012

TWO IN COURT ON INDICTMENT FOR WILLFULLY ENDANGERING EMPLOYEES BY MAINTAINING HAZARDOUS WORK ENVIRONMENT THAT KILLED TWO AND INJURED ANOTHER

Filed under: California Defense Attorney — Tags: — fayarfa @ 1:06 pm

SANTA ANA - Two men indicted by the Orange County Grand Jury for willfully endangering employees by maintaining a hazardous work environment after a foreseeable and avoidable water heater explosion killed two employees and injured another were in court today. Roy Thomas Faulkinbury, Corona, and Carl Edward Richardson, formerly of Yorba Linda, both 60, were indicted Dec. 20, 2012, on two felony counts of willful violation causing death. If convicted, they face a maximum of three years in Orange County jail and a $250,000 fine. The defendants are out of custody and are scheduled for a continued arraignment on the indictment Feb. 8, 2013, at 9:00 a.m. in Department C-5, Central Justice Center, Santa Ana.

A civil suit against the plastics manufacturing corporations Solus Industrial Innovations, LLC, Emerson Power Transmission Corporation, and Emerson Electric for willfully operating an unsafe work environment, which resulted in the death of two employees was filed July 6, 2012 (Case # 30-2012-00581868).

On July 12, 2012, the Orange County District Attorney’s Office (OCDA) released a press release with the following information on the civil case, and Faulkinbury and Richardson are accused of the following:

Beginning in 2007, the defendants are accused of controlling a workplace and managing employees in a plastics manufacturing plant in Rancho Santa Margarita. They are accused of willfully, knowingly, and intentionally maintaining an unsafe and hazardous work environment for employees under their control.

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December 28, 2012

A guide if you are a victim of tax refund, or tax return fraud

Filed under: California Defense Attorney — Tags: , — fayarfa @ 7:28 pm

Tax return fraud is becoming a bigger and bigger problem every year. Most people panic when they find out they are a victim, and for a good reason.

Many times people discover they are a victim when they receive a bill from the IRS for a few thousand dollars, or cannot understand what they are being asked to provide during an audit. It is important to keep good records of your taxes and write down all information. Whenever you talk to an IRS agent, it can be very helpful to write down their name, ID, and location. This way you are able to reference that call in the future. Also keep in mind that there are many people who would prefer to blame their taxes on fraud instead of paying what is due. This is unfortunate but is the main reason that the IRS is not going to be welcoming the thought of fraud immediately. You will have to provide proof along the way.

It is critically important to get a transcript, and review all details on your record before agreeing to pay the IRS (if you have reason to believe that they are mistaken, or someone has illegally filed taxes using your personal information). A transcript will show a summary of your tax return along with any actions taken, expenses written, payments, amended returns, and corrections because of math mistakes.

Here are a few examples of what your transcripts will look like:

When you are sure your refund was fraudulent do the following:

Contact the IRS exam unit at 1.866.897.0161. Be sure to get a fax number or address in order to submit all of the necessary paperwork. If you have previously spoken with an IRS agent and they have suggested that you are a victim of identity theft, reference the date and time of that original call. If you have a reference number, contact name, and location of where the original call was routed that can also be a help.

Print out a FORM 14039 which is the Identity Theft Affidavit. We have a copy here, or you can go to the IRS website and locate it. This form is very important and will switch your account status from being audited or non paid, to an identity theft case. Usually when your account is being audited, there will be specific things you need to make happen in a timely manner. Once you submit the FORM 14039, your putting everything back into the IRS’ court.

File a police report. You will need the report number from your local police department.

Call the following hotlines and let them know you are a victim of tax fraud.

Federal Trade Commission: 1.877.438.4338. or visit FTC.gov

Social Security Administration: 1.800.772.1213 or visit SSA.gov

Equifax (You need to contact one credit bureau and they will notify the others: 1.800.525.6285 or visit Equifax.com

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Largest Bail Amounts of 2012

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 7:24 pm

As the year comes to a close AboutBail decided to look into the largest bail amounts of 2012. It was a big year for bail, and a variety of individuals and offenses are on the list, including several sexual assault cases, murders, insider trading, and eluding arrest. The defendants range from young individuals to teachers and hedge fund portfolio managers.

Check out the bail amounts, the crimes and details associated with them, and let us know if you think the bail amounts match the crimes.

#10 - $4.2 Million

David Navarro - Attempted Murder
David Navarro, a resident of Soledad, California, was arrested for allegedly firing shots at police officers while running across a highway. Navarro had been riding in a friend’s car when the police had tried to pull them over. Navaro was wanted on suspicion of raping a minor and posession of illegal drugs and ran from the car while shooting errantly at the officers. As he shot at five total officers, he has been charged with five counts of attempted murder.

#9 - $5 Million

Mathew Martoma - Insider Trading
Mathew Martoma, a former hedge fund portfolio manager, is the defendant in one of the largest insider trading fraud lawsuits in U.S. history. Martoma managed to avoid losses and sell short $246 million dollars in a two day period, making it the largest insider trading transaction in history. Martoma exploited a relationship with a medical school professor to obtain confidential informaton about a new Alzheimer’s drug. He is the fourth person associated with company SAC Capital in the past four years to be arrested in connection with insider trading charges.

#9 - $5 Million

Joseph David Dorsey - Murder
Lake Elslnore resident Joseph David Dorsey was held on $5 million bail after allegedly murdering a woman and stuffing her remains into a suitcase. Though $1 million is the general amount set by the bail schedule for a murder case, the prosecutor explained that as authorities had to spend significant funds to extradite Dorsey from Mexico that he was a flight risk. The bail amount was then increased.

www.aboutbail.com

December 27, 2012

Man arrested in alleged sexual assault of 14-year-old Lancaster girl

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 10:35 pm

Los Angeles County sheriff’s officials said Thursday they have arrested a man suspected of sexually assaulting a 14-year-old Lancaster girl as she walked to school.

Charles James, 30, contacted local detectives Wednesday evening after learning authorities were looking for him, said Sgt. Brian Hudson, of the sheriff’s department’s special victims bureau.

Authorities found James at the home of a relative in Greenville, S.C., where he was on vacation, Hudson said. He was taken into custody by local law enforcement officials Thursday morning.

“He was located as a result of all the media attention this case received,” Hudson said.

James is suspected of following the girl just after 6 a.m. on Dec. 13 as she walked to school in the 2000 block of East Avenue J-8 in Lancaster, authorities said.
According to authorities, the victim noticed a man following her and crossed the street. He did the same and soon after dragged her into bushes where he attacked her, the sheriff’s department said.

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December 26, 2012

Truck driver with failed brakes appeals conviction in two deaths

Filed under: California Defense Attorney — Tags: , — fayarfa @ 7:03 pm

Marcos CostaThe truck driver convicted of manslaughter after a fatal 2009 collision on Angeles Crest Highway in La Cañada Flintridge is taking his case to an appeals court.

Marcos Costa, 46, was sentenced to seven years and four months in prison after his 2011 conviction in the deaths of Palmdale resident Angel Posca, 58, and his 12-year-old daughter, Angelina. His case will be heard by California’s 2nd District Court of Appeal on Jan. 29.

Angel Posca was driving through the intersection of Angeles Crest Highway and Foothill Boulevard on July 1, 2009, when Costa’s truck, which had lost its brakes, barreled down Angeles Crest and slammed into the car before striking a building.

At trial, prosecutors provided evidence that Costa had failed to check his brakes or take into account a warning about the difficulties of driving a big rig on Angeles Crest Highway.

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December 25, 2012

FIRST ORANGE COUNTY THREE-STRIKES DEFENDANT ORDERED RELEASED UNDER PROP 36 OVER OBJECTION OF OCDA

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 4:39 pm

SANTA ANA - The first Orange County Three-Strikes defendant to be resentenced under Proposition 36 (Prop 36) was ordered released today over the objection of the Orange County District Attorney’s Office (OCDA). Inmate/Defendant Dirk John Thomas, 51, filed a petition in Superior Court for consideration for resentencing.  The defendant was serving a 25 year to life sentence stemming from a 1996 possession of stolen property conviction (see below).

Superior Court Judge Richard Toohey resentenced Thomas to six years in state prison, for which he received credit for time served, and the defendant was ordered to be released from the Correctional Training Facility in Soledad.

Assistant District Attorney Ted Burnett vigorously opposed Thomas’ resentencing on behalf of the OCDA, arguing that the best predictor of future behavior is past behavior. Thomas has a lengthy criminal history (see below), in which he repeatedly commits crimes every time he is released from prison and carious courts have warned that the defendant is a danger to the community. In addition to his many convictions, Thomas confessed to police and probation officers in 1989 that he had committed over 100 burglaries and thefts, for which he had not been caught. The People argued that the defendant’s past history makes him an unreasonable risk to the public and his 25 year to life sentence is appropriate based on his demonstrated propensity for committing crimes while free in the community and failure to cease the criminal behavior despite repeated punishment by imprisonment.

What is Prop 36?
In 1994, California voters passed the Three Strikes Law, which allowed state courts to impose a sentence of 25 years to life in prison for defendants convicted of two prior serious or violent felonies upon conviction of a new felony offense. As Three Strikes sentencing is imposed at the discretion of the presiding judge, less than 10 percent of defendants eligible to be sentenced under Three Strikes in Orange County received the 25 year to life sentence.

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December 21, 2012

ATTORNEY, ACCOUNTANT, AND TWO ADMINISTRATORS SENTENCED TO PRISON FOR REVENUE AND TAX CHARGES IN $154 MILLION MEDICAL INSURANCE FRAUD SCHEME

Filed under: California Defense Attorney — Tags: , , , — fayarfa @ 4:25 pm

* Additional felony fraud counts for the defendants will be tried at a later date

SANTA ANA - An attorney, accountant, and two administrators were sentenced today for violating revenue and tax codes for their roles in the largest medical fraud prosecution in the nation for recruiting over thousands of healthy patients to undergo unnecessary and dangerous surgeries to fraudulently bill medical insurance companies. This trial involved the failure to file tax returns and under-reporting income to state tax authorities. The court bifurcated the case due to its size and volume and additional fraud charges remain pending a pre-trial hearing for those counts is scheduled for Jan. 3, 2013, at 1:30 p.m. in Department C-41, Central Justice Center, Santa Ana.

Roy Chester Dickson, 64, Yorba Linda, Unity’s attorney, was sentenced to two years and eight months in state prison and $41,629 restitution. He was found guilty by a jury Nov. 26, 2012, of two felony counts of filing a false personal tax return and faces a maximum sentence of three years and eight months in state prison for these counts. Dickson faces 101 additional felony counts which include two counts of conspiracy, eight counts of capping or paying for referrals, 30 counts of grand theft, 30 counts of insurance fraud, 30 counts of making false and fraudulent claims, one count of money laundering, and white collar sentencing enhancements for taking over $2.5 million on the fraud counts.

Andrew Robert Harnen, 58, Rosemead, Unity’s accountant, was sentenced to five years and four months in state prison and $904,780 restitution. He was found guilty by a jury Nov. 26, 2012, of three felony counts of filing a false tax return and six counts of failing to file tax returns. He faces a maximum sentence of eight years and four months in state prison for these counts. Harnen faces 101 additional felony counts which include two counts of conspiracy, eight counts of capping or paying for referrals, 30 counts of grand theft, 30 counts of insurance fraud, 30 counts of making false and fraudulent claims, one count of filing a false tax return, and white collar sentencing enhancements for taking over $2.5 million on the fraud counts.

Dee Francis, 63, a Unity administrator, was sentenced to six years in state prison and $905,507 restitution. She was found guilty by a jury Nov. 26, 2012, of one felony count of filing a false tax return and six counts of failing to file tax returns. He faces a maximum sentence of seven years in state prison for these counts. Francis faces 102 additional felony counts which include two counts of conspiracy, eight counts of capping or paying for referrals, 30 counts of grand theft, 30 counts of insurance fraud, 30 counts of making false and fraudulent claims, one count of filing a false tax return, two counts of failing to file tax returns, and white collar sentencing enhancements for taking over $2.5 million on the fraud counts.

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Seal Beach Woman Indicted in $2 Million Real Estate Scam

Filed under: Federal Crimes Defense Attorney — Tags: , , — fayarfa @ 4:21 pm

Defendant Previously Convicted of Posing as FBI Agent to Call Victims

SANTA ANA, California – A federal grand jury today indicted a Seal Beach woman on mail fraud charges for allegedly running an investment scam that falsely promised ownership in commercial real estate and cost victims more than $2 million.

Karen Hanover, 46, was named in a two-count indictment returned this afternoon by a federal grand jury. The indictment alleges that Hanover operated the scheme out of two Long Beach-based companies – Commercial Investment Education, LLC and Kharmic Life Strategies, Inc. – and pitched victim-investors at seminars in Southern California, Dallas, and Las Vegas, Nevada.

According to the indictment, Hanover falsely promised victims a “fastrack” to owning commercial real estate. If the investors paid between $19,000 and $29,997, Hanover would become their “equity partner” and guarantee ownership in commercial real estate. The indictment alleges that Hanover further guaranteed that investors would “get into a deal” regardless of credit history or financial status, and that they would realize annual returns of 100 percent and would be protected with a money-back guarantee.

However, according to the indictment, after receiving the victims’ money,  Hanover gave them a “fastrack” agreement in which she negated virtually every promise, including the promise that she would refund money if asked.

As a result of the scheme, Hanover caused more than 50 investors to lose more than $2 million, the indictment alleges.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.

Hanover will be summoned to appear for an arraignment in United States District Court on January 2, 2013.

If she is convicted, Hanover would face a statutory maximum sentence of 60 years in federal prison.

The case was investigated by the Federal Bureau of Investigation.

Previously in this investigation, Hanover was found guilty in October 2011 of impersonating an FBI agent to contact victims of the alleged real estate fraud scheme. She was sentenced to six months in prison and ordered to pay a $5,000 fine.

Man Charged in Temple Bomb Threat Case

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 4:17 pm

LOS ANGELES – A Los Angeles man accused of calling in bomb threats to the Wilshire Boulevard Temple was charged by the District Attorney’s Office today with making malicious false bomb reports and vandalism of religious property. The charges were alleged to hate crimes.

The streets around the temple at 3663 Wilshire Blvd. were shut down for several hours early yesterday after reports were telephoned in that there were bombs in a police car parked next to the temple. No bombs were found, but anti-Semitic graffiti was scrawled on a wooden construction wall on temple property.

Los Angeles Police Department Anti-Terrorist officers arrested Wan Ryung Song, 46 (dob 10/6/1966), who remains in custody. He is scheduled to appear in Los Angeles Superior Court Department 30 tomorrow for arraignment.

Authorities said Song was at a spa about two blocks away from the temple.

Song was charged in case No. BA 405935 with four felony counts of malicious informing of a false bomb. It was alleged all four counts were hate crimes. A fifth felony count of vandalism of religious property also alleged that it was a hate crime.

The complaint additionally alleged three prior felony convictions including one a year ago of making criminal threats. Bail was recommended at $170,000.

Seal Beach Woman Indicted in $2 Million Real Estate Scam

Filed under: California Defense Attorney — Tags: , — fayarfa @ 8:09 am

Defendant Previously Convicted of Posing as FBI Agent to Call Victims

SANTA ANA, California – A federal grand jury today indicted a Seal Beach woman on mail fraud charges for allegedly running an investment scam that falsely promised ownership in commercial real estate and cost victims more than $2 million.

Karen Hanover, 46, was named in a two-count indictment returned this afternoon by a federal grand jury. The indictment alleges that Hanover operated the scheme out of two Long Beach-based companies – Commercial Investment Education, LLC and Kharmic Life Strategies, Inc. – and pitched victim-investors at seminars in Southern California, Dallas, and Las Vegas, Nevada.

According to the indictment, Hanover falsely promised victims a “fastrack” to owning commercial real estate. If the investors paid between $19,000 and $29,997, Hanover would become their “equity partner” and guarantee ownership in commercial real estate. The indictment alleges that Hanover further guaranteed that investors would “get into a deal” regardless of credit history or financial status, and that they would realize annual returns of 100 percent and would be protected with a money-back guarantee.

However, according to the indictment, after receiving the victims’ money,  Hanover gave them a “fastrack” agreement in which she negated virtually every promise, including the promise that she would refund money if asked.

As a result of the scheme, Hanover caused more than 50 investors to lose more than $2 million, the indictment alleges.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
Hanover will be summoned to appear for an arraignment in United States District Court on January 2, 2013.

If she is convicted, Hanover would face a statutory maximum sentence of 60 years in federal prison.

The case was investigated by the Federal Bureau of Investigation.

Previously in this investigation, Hanover was found guilty in October 2011 of impersonating an FBI agent to contact victims of the alleged real estate fraud scheme. She was sentenced to six months in prison and ordered to pay a $5,000 fine.

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