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May 26, 2014

MAN SENTENCED TO 107 YEARS TO LIFE IN PRISON FOR SEXUALLY ASSAULTING TWO WOMEN IN IRVINE AND NEWPORT BEACH

Filed under: Los Angeles sexual assault attorney — fayarfa @ 7:14 am

SANTA ANA – A man was sentenced today to 107 years to life in state prison for sexually assaulting two women in Irvine and Newport Beach. Travis Dewayne Batten, Jr., 32, Irvine, was found guilty by a jury March 27, 2014, of two felony counts of forcible rape, one felony count each of assault with intent to commit a sexual offense, assault with intent to commit a sexual offense during the commission of first degree burglary, sodomy by force, sexual penetration by foreign object by force, and kidnapping to commit a sex offense. The sentencing enhancement allegations for committing sexual offenses during the commission of a burglary and tying up or binding a person were found true.

Between May 2005 and November 2006, Batten broke into the residences of two women, whom he did not know, while wearing a mask. He raped an Irvine woman and sexually assaulted a woman who lived in Newport Beach.

At approximately 9:00 p.m. on May 20, 2005, Batten, then-23, wore a mask and broke into the Newport Beach residence of 40-year-old Jane Doe #1 while she was out. When the victim arrived home, the defendant attacked her and threw Jane Doe #1 to the ground. Batten forced the victim to her bedroom and duct taped her hands and mouth. He sexually assaulted Jane Doe #1’s breasts and vagina. Batten then punched the victim twice in the head and threatened the victim by stating he would come back and get her if she contacted police. He then fled the scene. Jane Doe #1 called 911.

Newport Beach Police Department officers responded to the scene and investigated the case. Batten left DNA at the scene, which was collected by police, processed by Orange County Crime Laboratory (OCCL), and entered in the local DNA database.

At approximately 11:30 p.m. on Nov. 30, 2006, Batten wore a dark mask and broke into the Irvine apartment of 21-year-old Jane Doe #2. While the victim was showering, the defendant waited outside the victim’s bathroom. He raped Jane Doe #2 as she exited her bathroom after he threw her to the ground and tied her hands. Batten sodomized the victim and raped her a second time. Before fleeing the scene, the defendant ordered the victim to get into the shower and not contact police. (more…)

BUENA PARK CITY COUNCIL MEMBER TO FACE TRIAL FOR DMV DOCUMENT PERJURY TO AVOID CHILD SUPPORT PAYMENTS

Filed under: California Defense Attorney, Uncategorized — fayarfa @ 12:03 am

WESTMINSTER – A Buena Park city council member faces a jury trial today for repeatedly committing perjury on California Department of Motor Vehicles (DMV) documents to avoid paying child support to his ex-wife. Sangjin Miller Oh, 50, is charged with five felony counts of perjury by declaration and faces a maximum sentence of six years and four months in state prison if convicted. Opening statements started today, May 22, 2014, in Department W-8, West Justice Center, Santa Ana.

Between Sept. 23, 2004, and July 20, 2009, Oh is accused of committing perjury on five occasions by signing official DMV documents using fraudulent information. The defendant is accused of committing this crime with the intention of avoiding child support payments to his ex-wife by hiding his assets under his false name.

On one occasion, Oh is accused of applying for a driver’s license under the name Robert Oh and fraudulently failing to disclose that he had previously applied for a license under a different name, as required by law. On another occasion, Oh is accused of fraudulently failing to disclose that his license had previously been suspended. On four other occasions, Oh is accused of using his fraudulently obtained license to register vehicles.

This case was investigated by the DMV, Orange County District Attorney’s Office, and Social Security Administration Office of the Inspector General.

Senior Deputy District Attorney John Christl of the Special Prosecutions Unit is prosecuting this case.

Orange County District Attorney / Case # 12CF1632/ May 22, 2014

May 23, 2014

Three Men Guilty of Federal Felony Charges for Starting Illegal Campfire in Angeles National Forest that Became Colby Fire

Filed under: California Defense Attorney — fayarfa @ 6:00 am

LOS ANGELES – The third man involved in an illegal campfire above Glendora that erupted out of control to become the destructive Colby Fire was found guilty this afternoon of federal criminal charges.

Jonathan Carl Jarrell, 24, was found guilty of a felony offense of unlawfully setting timber afire. After a three-day trial, a jury also convicted Jarrell of a misdemeanor offense of illegally starting a fire. (The jury was unable to reach a unanimous verdict on two other misdemeanor fire-related charges.)

Two other defendants – Clifford Eugene Henry Jr, 22, of Glendora, and Steven Robert Aguirre, 21 – were each found guilty last Friday of four charges (one felony and three misdemeanors) related to the fire.

The Colby Fire started on the morning of January 16. By that evening, the fire had consumed more than 1,700 acres of federal, state, local and private lands. The fire had also destroyed five residences, damaged 17 additional structures, and resulted in injuries to one civilian and two firefighters.

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MAN CHARGED WITH KIDNAPPING GIRLFRIEND’S 15-YEAR-OLD DAUGHTER AND SEXUALLY ASSUALTING HER FOR 10 YEARS

Filed under: California Defense Attorney — fayarfa @ 12:36 am

SANTA ANA – A man was charged today for kidnapping his girlfriend’s 15-year-old daughter and sexually assaulting her for a decade. Isidro Medrano Garcia, 42, Bell Gardens, is charged with one felony count of forcible rape, three felony counts of lewd acts on a minor, and one felony count of kidnapping to commit a sexual offense. If convicted on all counts, he faces a maximum sentence of 19 years to life in state prison. The People will be requesting the defendant be held on $1 million bail at his arraignment today, May 22, 2014, in Department CJ-1, Central Jail, Santa Ana. Department CJ-1 opens at 10:00 a.m. and the specific arraignment time for Garcia will be determined by the court.

In February 2004, Garcia was introduced to the victim while he was dating and living with the victim’s mother.

In June 2004, Garcia is accused of grooming 15-year-old Jane Doe by buying her gifts and taking her side when the victim and her mother argued.

Between June and August of 2004, the defendant is accused of touching Jane Doe’s buttocks and kissing her on the mouth. He is accused of sexually assaulting Jane Doe on three separate occasions and forcibly raping the victim at least once in the residence where they all lived together.

In August 2004, a mutual domestic violence incident between Jane Doe’s mother and Garcia was reported to the Santa Ana Police Department (SAPD), but a case could not be proven at that time. Shortly thereafter, Garcia is accused of kidnapping Jane Doe. He is accused of taking her to a house in Compton and holding her against her will. The next day, he is accused of giving Jane Doe paperwork with a false identity.

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DEFENDANTS INDICTED FOR DEFRAUDING $13.5 MILLION FROM 3,500 VICTIMS IN LARGEST LOAN MODIFICATION SCHEME EVER PROSECUTED IN THE NATION

Filed under: California Defense Attorney — fayarfa @ 12:06 am

SANTA ANA – An indictment was unsealed today against seven defendants, including an attorney, for defrauding over $13.5 million from over 3,500 victims in the largest loan modification scheme ever prosecuted in the nation.

Defendants

Maziar Bordbar, 31, Irvine, is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, one felony count of theft from an elder, 27 felony counts of money laundering, 21 felony counts of unlawful monetary transaction structuring, six felony counts of filing false tax returns, four felony counts of willful failure to file or make a fraudulent tax return, with sentencing enhancements for committing an aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property loss over $200,000, property damage over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, money laundering exceeding $1 million, money laundering exceeding $2.5 million, and committing a theft exceeding $100,000. If convicted, he faces a maximum sentence of 52 years in state prison. He is being held on $9.8 million bail.

Nathaniel Ferrer, 26, Orange, is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, one felony count of theft from an elder, 17 felony counts of money laundering, with sentencing enhancements for aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property loss over $200,000, property damage over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, and committing a theft exceeding $100,000. If convicted, he faces a maximum sentence of 27 years and four months in state prison. He is being held on $9.8 million bail.

Pamela Gressier, 54, Huntington Beach, is charged with one felony count of conspiracy to commit a crime, one felony count of conspiracy to defraud another of property, three felony counts of grand theft, 44 felony counts of money laundering, one felony count of filing a false tax return, one felony count of willful failure to file or make a fraudulent tax return, with sentencing enhancements for aggravated white collar crime over $100,000, aggravated white collar crime over $500,000, property damage or loss over $65,000, property damage or loss over $200,000, property damage or loss over $1.3 million, money laundering exceeding $50,000, money laundering exceeding $150,000, money laundering exceeding $1 million, money laundering exceeding $2.5 million, and committing a theft exceeding $100,000. If convicted, she faces a maximum sentence of 48 years and eight months in state prison. Gressier is a fugitive with a warrant for her arrest.

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May 22, 2014

Antelope Valley Man Pleads Guilty To Federal Charge Of Producing Child Pornography Related To Molestation Of Relative

Filed under: Federal Crimes Defense Attorney — fayarfa @ 12:09 am

LOS ANGELES – An Antelope Valley man pleaded guilty this morning to a federal charge of producing child pornography, admitted that he used his camera phone to make videos while he molested a 3-month-old relative.

Robert Dale Schrader, 33, of Littlerock, pleaded guilty to charge before United States District Judge Gary A. Feess, who scheduled a sentencing hearing for August 18.

At sentencing, Schrader faces a mandatory minimum sentence of 15 years in federal prison, and he could be ordered to serve up to 30 years in custody.

According to court documents, authorities began investigating Schrader in January after he communicated via email with an undercover law enforcement officer based in England. In those emails, Schrader sent sexually explicit images of an infant , and data embedded in those images led authorities to Schrader’s Littlerock home.

On January 29, investigators executed a federal search warrant at Schrader’s residence, where they rescued the infant who had been molested. Authorities discovered approximately 200 child pornography images and videos depicting the baby.

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19 Arrested in International Round Up on Federal Fraud Charges

Filed under: Federal Crimes Defense Attorney — fayarfa @ 12:06 am

Fifteen individuals were arrested today in South Africa, Canada, California, Wisconsin and Indiana, pursuant to an eight-count federal indictment on fraud charges filed in the Southern District of Mississippi. A total of 19 individuals were arrested across the United States and internationally on charges brought by federal prosecutors in Mississippi, South Carolina and Georgia.

Acting Assistant Attorney General David A. O’Neil of the Justice Department’s Criminal Division, U.S. Attorney Gregory K. Davis for the Southern District of Mississippi, Raymond Parmer Jr., Special Agent in Charge of Immigration Customs Enforcement (ICE), Homeland Security Investigations (HSI) in New Orleans and Robert Wemyss, U.S. Postal Inspection Service Inspector in Charge made the announcement.

Another individual was arrested today in New York on a related Southern District of Mississippi complaint. Three defendants in South Carolina were arrested in Charleston, pursuant to a nine-count indictment, and the U.S. Attorney’s Office for the Northern District of Georgia has filed related criminal complaints in Atlanta against two additional defendants. All of the indictments and complaints were unsealed yesterday.

The indictments allege the involvement of a West African transnational organized crime enterprise engaged in numerous complex financial fraud schemes over the internet. This mass marketing fraud includes romance scams, re-shipping scams, fraudulent check scams and work-at-home scams, along with bank, financial and credit card account take-overs.

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Palmdale Man Sentenced in Attempted Murder, Kidnapping of Female Roommate

Filed under: California Defense Attorney — fayarfa @ 12:03 am

A Palmdale man has been sentenced to more than 13 years in state prison for attacking and kidnapping his female roommate, the Los Angeles County District Attorney’s Office announced today.

Deputy District Attorney Theodore Swanson said Omar Oswaldo Hernández, 27, was sentenced to 13 years and eight months late yesterday.

Hernández pleaded no contest on April 29 to one count each of attempted murder and kidnapping. A restitution hearing is scheduled for June 19 in Department A18 of the Los Angeles County Superior Court, Antelope Valley Branch.

On April 8, the defendant strangled and struck his roommate after she refused to be in a romantic relationship with him, according to the prosecutor. During the attack she lost consciousness and when she came to she was inside his truck. Not knowing where Hernández was driving to, she jumped out of the moving truck and escaped, Swanson added.

The case was investigated by the Los Angeles County Sheriff’s Department, Palmdale Station.

Los Angeles County District Attorney / May 21, 2014

May 21, 2014

FORMER HIGH SCHOOL MATH TEACHER CONVICTED OF SEXUALLY ASSAULTING 17-YEAR-OLD MALE STUDENT

Filed under: Los Angeles sexual assault attorney — fayarfa @ 5:40 am

FULLERTON – A former high school math teacher was convicted today of sexually assaulting a 17-year-old male student. Michelle Lynn Johnson, 46, Anaheim, pleaded guilty to three felony counts of oral copulation of a minor and two felony counts of unlawful sexual intercourse. She was sentenced to 270 days in jail, five years of formal probation, and must register as a sex offender while on probation.

At the time of the crime, Johnson worked as a math teacher at Brea Olinda High School in Brea. She also privately tutored several students during non-school hours and off school property. She was placed on leave from the high school.

Johnson met 17-year-old John Doe at Brea Olinda High School and befriended and groomed the victim. Between April and June 2013, the defendant engaged in an unlawful sexual relationship with the victim including oral copulation and sexual intercourse. The sexual assault occurred on multiple occasions outside of the school and at the school.

The victim’s parents contacted police after becoming suspicious of the relationship between Johnson and their son.

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MAN CONVICTED OF PIMPING 19-YEAR-OLD WOMAN IN GARDEN GROVE

Filed under: California Defense Attorney — fayarfa @ 5:37 am

SANTA ANA – A man was convicted today of pimping a 19-year-old woman in Garden Grove. Trey Dimaria Bailey, 22, Oakland, pleaded guilty to a court offer to one felony count each pimping and pandering by receiving or giving money with a prior conviction for armed robbery in 2010. He is expected to be sentenced to four years in state prison at his sentencing July 21, 2014, at 8:30 a.m. in Department C-57, Central Justice Center, Santa Ana.

Circumstances of the Case

Bailey is a pimp who exploits women for financial gain. Pimps often establish rigid rules that their victims are expected to follow including setting daily quotas that the victims are expected to fulfill. The victims are required to turn over all payment they receive for sex acts from sex purchasers to their pimp.

Bailey met 19-year-old Jane Doe in Northern California and instructed her to begin working as a prostitute for him. The defendant drove the victim to Orange County to commercially sexually exploit her, and posted advertisements on websites known for prostitution offering sex acts with Jane Doe.

Bailey imposed rules that Jane Doe was forced to follow, including requiring her to give the defendant all of the money she was paid for sex acts. The defendant sent the victim text messages instructing her to make more money and referring to her in derogatory terms indicating that she worked for him.

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