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December 31, 2015

Federal Grand Jury Indicts Riverside Man on Charges of Conspiring with Shooter in San Bernardino Terrorist Attack to Provide Material Support to Terrorists

Filed under: California Defense Attorney — fayarfa @ 2:40 am

RIVERSIDE, California – Enrique Marquez Jr., a longtime friend of Sayed Rizwan Farook, the male shooter in the San Bernardino terrorist attack, was named today in a federal grand jury indictment that charges him with conspiring with Farook in 2011 and 2012 to provide material support to terrorists.

Marquez, a 24-year-old Riverside resident, was also charged today with two counts of making a false statement in relation to the purchase of two assault rifles that were used in the deadly shooting at the Inland Regional Center (IRC) on December 2.

The five-count indictment additionally charges Marquez with marriage fraud and making a false statement on immigration paperwork in relation to an alleged sham marriage with a member of Farook’s family.

Marquez is currently being held in federal custody without bond and is scheduled to be arraigned in United States District Court in Riverside on January 6.

“This indictment demonstrates that we will hold accountable all individuals who collaborate with terrorists in executing their plans,” said United States Attorney Eileen M. Decker. “Defendant Marquez’s extensive plotting with Syed Rizwan Farook in 2011 and 2012, and his purchase of explosive powder and two firearms, provided the foundation for the murders that occurred this month. This indictment is the result of sustained and coordinated efforts by many federal and state prosecutors, agents and officers, and I thank them for their efforts.”

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Father Charged with Kidnapping Young Daughter

Filed under: California Defense Attorney — fayarfa @ 2:36 am

The father of a two-year-old daughter who went missing on Christmas Eve during a supervised visit is awaiting arraignment today on kidnapping and child stealing charges, the Los Angeles County District Attorney’s Office announced.

Jack Perry (dob 10/26/84) is scheduled to be arraigned today at the Foltz Criminal Justice Center, Department 30, in case BA442549. Prosecutors will ask that his bail be set at $1 million.

Perry was arrested Monday in Palm Springs after he allegedly took his daughter, Lucia, from a shopping mall during a supervised visit. He is charged with one felony count each of kidnapping and child stealing.

Deputy District Attorney Deanne Castorena with the Child Abduction Unit is prosecuting the case.

If convicted, Perry faces up to 14 years in state prison.

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Pro Basketball Player Arraigned on Driving Without Consent Charge

Filed under: California Defense Attorney — fayarfa @ 2:33 am

A professional basketball player pleaded not guilty today on a charge that he took someone’s luxury sports car from a hotel valet earlier this month, the Los Angeles County District Attorney’s Office announced.

Jeff Adrien (dob 2/10/86) was charged in case BA442299 with one felony count of driving or taking a vehicle without consent. He is due back on Jan. 28 in Department 50 of the Foltz Criminal Justice Center to set a date for his preliminary hearing.

On Dec. 7, a guest left his vehicle with a hotel valet and when he returned he was told his car had already been taken. A short time later, the victim allegedly saw Adrien driving his vehicle and pulling into the hotel parking lot.

The valets attempted to speak with Adrien but he walked away, prosecutors said. The vehicle also had some damage.

If convicted as charged, Adrien faces up to three years in jail.

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December 30, 2015

FATHER AND SON CONVICTED OF $300,000 EMBEZZLEMENT OF EMPLOYEE WAGES ON PUBLIC WORKS PROJECTS

Filed under: California Defense Attorney — fayarfa @ 4:39 am

SANTA ANA, Calif. – A father and son were convicted today of embezzling over $300,000 from employee wages on public works jobs. Daniel Jacob Siapin, 60, and his son Gabriel Daniel Siapin, 37, both of La Habra Heights, pleaded guilty toa court offer of 28 felony counts of taking and receiving a portion of worker’s wage on public works, and 32 felony counts of recording a false and forged instrument with a sentencing enhancement for property loss over $200,000.Daniel Siapin’s California state contractor’s license was revoked today by the court. Daniel Siapin and Gabriel Siapin are each expected to sentenced to 90 days in jail, three years formal probation, ordered to pay over $227,000 in restitution, and are prohibited from working on any other public works contracts at their sentencing on April 11, 2016, at 9:00 a.m. in Department C-57, Central Justice Center, Santa Ana.

At the time of the crime, Daniel Siapin owned Siapin Horticulture, a landscaping, irrigation, and maintenance company, which he ran with his son Gabriel Siapin.

The defendants violated the law on a public works job, which requires a minimum “prevailing wage” be paid to workers. Prevailing wage consists of a base salary and “fringe benefits,” or benefits in addition to base pay such as vacation pay and pension money. Fringe benefits must be paid directly to the worker or may be put into a fund for later withdrawal by the worker if they do not work a full 40 hours a week.

The California Labor Commissioner’s office and the Orange County District Attorney (OCDA) received a complaint alleging underpayments of prevailing wages to workers on the Lakeside Middle School alterations project located in Lakeside, California. In a collaborative effort, the California Labor Commissioner provided Orange County with evidence to support allegations of underpayments of fringe benefits to workers on three different projects, including Lakeside.

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PLACENTIA GANG MEMBER ARRESTED IN CENTRAL CALIFORNIA TO BE ARRAIGNED ON CHARGES FOR ATTEMPTED MURDER OF GANG RIVAL

Filed under: California Defense Attorney — fayarfa @ 4:36 am

SANTA ANA, Calif. – A Placentia criminal street gang member who was arrested in central California was brought back to Orange County to be arraigned on charges for the attempted murder of a gang rival. The Orange County District Attorney’s Office (OCDA) is seeking to enjoin Erick Adonis Ferman, 19, Placentia, and Matthew Luis Zavala, 20, Fullerton, in a gang injunction. Ferman and Zavala are each charged with one felony count of attempted murder, and one felony count of street terrorism with a sentencing enhancement for criminal street gang activity. Zavala also faces sentencing enhancement allegations for two prior strike convictions for vandalism with damage of $400 or more with a sentencing enhancement for criminal street gang activity in 2014, both in Orange County. Zavala is currently being held on $500,000 bail. If convicted, Zavala faces a maximum sentence of 51 years to life in state prison. If convicted, Ferman faces a maximum sentence of 19 years in state prison. Ferman was apprehended on an arrest warrant by officers from the Fullerton Police Deparment (FPD) and members of the U.S. Marshals Service in central California on Dec. 27, 2015, and is scheduled to be arraigned today, Dec. 29, 2015, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

Three additional co-defendants have been charged in this case, Cynthia Barron-Juarez, 20, Garden Grove, Lexus Marie Cobos, 19, Anaheim, and Vincent Matthew Duran, 19, Placentia, are each charged with one felony count of unlawful taking of a vehicle. Duran is also charged with one felony count of attempted murder, and one felony count of street terrorism with sentencing enhancement allegations for criminal street gang activity and inflicting great bodily injury. Barron-Juarez is also charged with one felony count of attempted murder and one felony count of street terrorism, with a sentencing enhancement allegation for criminal street gang activity. If convicted, Barron-Juarez faces a maximum sentence of 20 years and eight months in state prison, Cobos faces a maximum sentence of three years in state prison, and Duran faces a maximum sentence of 23 years and eight months in state prison. Zavala, Barron-Juarez, Cobos, and Duran are scheduled for a continued arraignment Jan 8, 2016, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

On Sept. 21, 2015, the OCDA filed a lawsuit against two violent criminal street gangs in the city of Placentia. On Nov. 16, 2015, the Honorable Peter Wilson issued a preliminary injunction on both criminal street gangs.

On Sept. 30, 2015, Zavala and Ferman were personally served with a copy of the proposed injunction. In order to be named and served on the injunction, the party must be a documented and active member in an enjoined criminal street gang. To read more about the injunction, please visit the following link:

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Pomona Man Charged with Torture Murder

Filed under: California Defense Attorney — fayarfa @ 4:32 am

A Pomona man was charged today with the torture murder of the mother of his children during a domestic dispute on Christmas Day, the Los Angeles County District Attorney’s Office announced.

Clarence Durell Dear (dob 1/11/64) is scheduled to be arraigned sometime today in Department N at the Pomona Branch of the Los Angeles County Superior Court in case No. KA111435. Prosecutors will ask that he be held without bail.

Deputy District Attorney Joy Roberts with the Arson Unit is prosecuting the case.

Dear is charged with dousing the 41-year-old victim, Dawn H., with a flammable liquid and setting her on fire. The incident occurred shortly before 2 p.m. Friday in the 1500 block of Cordova Street. The victim later died at a nearby hospital.

Dear is charged with one count of murder with the special circumstance of torture. He also is charged with one count of cruelty to a child, the couple’s 12-year-old son.

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December 29, 2015

Attorney General Kamala D. Harris Announces Landmark Settlement with Pratibha Syntex Ltd.

Filed under: California Defense Attorney — fayarfa @ 5:24 am

LOS ANGELES - Attorney General Kamala D. Harris today announced a settlement resolving allegations that Pratibha Syntex Ltd., a company based in India, gained an unfair competitive advantage over American-based companies by using pirated software in the production of clothing imported and sold in California. The case marks the first time a state has secured a legally enforceable judgment against an international company for these types of violations.

The settlement, which was filed in Los Angeles Superior Court and has been approved by a judge, requires Pratibha Syntex to pay $100,000 in restitution within 30 days.

In 2013, Attorney General Harris sued Pratibha Syntex on the basis that it did not pay licensing fees for software it relied on for its business, including products manufactured by Adobe, Microsoft, and others, giving the company a significant cost advantage in the low-margin business of apparel manufacturing, shipment and sales.

“Pratibha Syntex engaged in illegal business practices that placed California garment companies at a disadvantage, while hurting American software companies’ ability to develop new and innovative products, ” Attorney General Harris said. “Businesses around the globe should be on notice that the state of California will hold them accountable for stealing intellectual property to unfairly undercut their competition.”

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Attorney General Kamala D. Harris Announces New Law Enforcement Reporting Requirements for Officer-Involved Shootings and Use of Force

Filed under: Uncategorized — fayarfa @ 5:20 am

LOS ANGELES - Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies outlining new responsibilities under state law to report incidents involving shootings or any use of force that results in serious bodily injury or death of a civilian or a peace officer.

AB 71 (Rodriguez), which was supported by Attorney General Harris, requires all California law enforcement agencies starting January 1, 2016 to begin collecting data on incidents involving the shooting of a civilian by a peace officer, the shooting of a peace officer by a civilian, as well as data on incidents involving use of force by a civilian/peace officer against the other that result in serious bodily injury or death.  An annual report of data must be submitted to the California Department of Justice beginning January 1, 2017.

“As a career prosecutor, I have always known one central truth: the public and law enforcement need each other to keep our communities safe.  I am proud to implement landmark legislation requiring reporting from law enforcement agencies to the California Department of Justice on shooting and use of force incidents,” said Attorney General Harris.  “California is leading the nation in promoting accountability through open data, which will strengthen trust between law enforcement and the communities that we are sworn to protect.”

As a part of the bulletin, the Attorney General distributed a use of force incident template to inform law enforcement agencies and officers of the required data fields that must be submitted to the Department of Justice.  This template was created with input from stakeholders including Assemblymember Rodriguez’ office, California law enforcement associations, state and local law enforcement agencies, and advocacy groups.  The template and its accompanying instructions are also available on the California Law Enforcement Web and on the California Department of Justice website: http://oag.ca.gov/law.

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Driver Found Guilty of DUI Crash Into Lancaster Home, Killing Elderly Woman

Filed under: California Defense Attorney — fayarfa @ 5:14 am

A 26-year-old man was found guilty today of crashing into a Lancaster home, killing a 71-year-old woman who was in her bedroom, the Los Angeles County District Attorney’s Office announced.

Deputy District Attorney Sun Chung said a jury found Aaron Daniel Benson of Lancaster guilty of one count each of murder, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol causing injury within 10 years of another DUI offense and driving with a .08 percent blood alcohol content causing injury within 10 years of another DUI offense in case MA065673.

Benson faces 15 years to life in state prison at a hearing scheduled on Feb. 2 in Department A20 of the Los Angeles County Superior Court, Antelope Valley Branch.

Benson was driving with a blood alcohol level that was more than twice the legal limit on West Avenue J-12 when he crashed into Patricia Ann Holmes’ bedroom on March 29, according to court testimony. Holmes, who was lying in her bed at the time, died as a result of the injuries, the prosecutor said.

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December 28, 2015

First Charges Brought in Investigation of Collusion Among Heir Location Services Firms

Filed under: California Defense Attorney — fayarfa @ 5:11 am

The president and CEO of a California-based heir location services provider and his firm have agreed to plead guilty to allocating customers with another heir location firm, announced Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division.

Bradley N. Davis, president of Brandenburger & Davis, and his firm will plead guilty to conspiring between 2003 and 2012 to eliminate competition in the heir location services industry.  Heir location services firms identify people who may be entitled to an inheritance from the estate of a relative who died without a will.  The heir location services firms then help heirs secure their inheritances in exchange for a contingency fee paid out of the inheritances they are due to receive.

“The defendants conspired for nearly a decade to enrich themselves at the expense of beneficiaries,” said Assistant Attorney General Baer.  “Heirs of relatives who died without a will deserve better.  Working with the FBI and our other law enforcement partners, the Antitrust Division will continue to hold the leaders of companies that corrupt the competitive process accountable for their crimes.”

Brandenburger & Davis has agreed to pay an $890,000 criminal fine for its role in the conspiracy.  In a separate plea agreement, Davis and the Antitrust Division have jointly agreed to allow the court to determine an appropriate criminal sentence.  In addition, both the company and Davis have agreed to assist the government in its investigation.  The charge was filed today in the U.S. District Court of the Northern District of Illinois.  The terms of the plea agreements are subject to approval of the court.

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