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January 5, 2016

Owner of Three Los Angeles Clinics Sentenced to 78 Months in Prison for Medicare Fraud

Filed under: California Defense Attorney — fayarfa @ 7:26 am

The former owner and operator of three medical clinics located in Los Angeles was sentenced today to 78 months in prison for his role in a scheme that submitted more than $4.5 million in fraudulent claims to Medicare.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, Assistant Director in Charge David Bowdich of the FBI’s Los Angeles Division and Special Agent in Charge Chris Schrank of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) Los Angeles Region made the announcement.

Hovik Simitian, 48, of Los Angeles, pleaded guilty to one count of conspiracy to commit health care fraud on Aug. 18, 2015, and was sentenced today by U.S. District Court Judge Beverly Reid O’Connell of the Central District of California, who also ordered Simitian to pay $1,668,559 in restitution to Medicare.

Simitian owned and operated Columbia Medical Group Inc., Life Care Medical Clinic and Safe Health Medical Clinic, three medical clinics in Los Angeles.  In connection with his guilty plea, Simitian admitted that from approximately February 2010 through June 2014, he and his co-conspirators paid illegal cash kickbacks to patient recruiters who brought Medicare beneficiaries to the clinics.  Simitian also admitted that he and his co-conspirators then billed Medicare for lab tests and other services that were not medically necessary or were not actually provided to the Medicare beneficiaries, which they supported with false documentation they created.  Simitian admitted that he submitted a total of $4,526,791 in false and fraudulent claims to Medicare and Medicare paid $1,668,559 on those claims.

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Three Sentenced for Chatsworth Street Racing Crash That Killed Two

Filed under: California Defense Attorney — fayarfa @ 7:20 am

Two drivers and a third man involved in organizing an illegal street race were sentenced today for their roles in the race in which two spectators were killed, the Los Angeles County District Attorney’s Office announced.

Deputy District Attorney Moira Curry said Karen Gary Balyan, 43, was sentenced to 12 years in state prison. He pleaded no contest on Dec. 22 to two felony counts of vehicular manslaughter with gross negligence and admitted to fleeing the scene during the commission of the crime.

Balyan also entered a no contest plea to one misdemeanor count of assault with a deadly weapon.

A second co-defendant, Irael Valenzuela, 39, was sentenced to a year in jail and five years formal probation. A four-year prison sentence was suspended. Additionally, his driver’s license was suspended and his Nissan GTR which he drove on the illegal street race was ordered destroyed.

Valenzuela entered a no contest plea on Dec. 22 to two felony counts of vehicular manslaughter with gross negligence.

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January 4, 2016

A rare peek at San Quentin’s death row, and conversations with inmates awaiting their fates as political battles swirl

Filed under: California Defense Attorney — fayarfa @ 5:59 am

With the debate over capital punishment in California poised to intensify again in 2016, state corrections officials provided a rare glimpse Tuesday of death row, where hundreds of condemned men await the outcome of legal and political fights that have blocked any executions for nearly a decade.

Corrections Secretary Jeffrey Beard previously denied access to death row, telling The Times it would be too dangerous. But this month he ruled that “there is a legitimate interest” and allowing media access “makes good sense.” On Tuesday, nearly two dozen media members were allowed on portions of death row for about six hours.

They were ushered through the four housing units that hold condemned inmates. Journalists were shown San Quentin State Prison’s crowded and noisy East Block — largely unchanged since its construction in 1930 — and the newly opened death row psychiatric ward, the first of its kind in the nation.

In both places, large numbers of men lay curled on their cots, reading or wearing headphones and staring at mute televisions. Some bantered with passing officers. A few were willing to step to the grate of their cell door and sign papers allowing them to talk to reporters.

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Fairfield grandmother admits to drowning 4-year-old grandson, police say

Filed under: California Defense Attorney — fayarfa @ 5:56 am

A northern California grandmother who police say admitted to drowning her 4-year-old grandson in a bathtub has been charged with murder and assault on a child, according to officials.

Dawn Raines-Hewes, 51, has been in custody since Tuesday morning, when police said neighbors saw her run screaming from her house, then found her grandson unconscious inside.

At her initial court apperance Thursday, a court-appointed public defender delayed her arraignment until next week, a Soloano County prosecutor said.

Officials said there was so much commotion that neighbors, a passerby and a motorist called police.

None of Raines-Hewes’ neighbors knew what to think when they saw her screaming. Those who went inside her home to see what was going on found 4-year-old Richard Kite soaking wet and unconscious in the hallway.

Paramedics rushed the boy to a hospital, where he was pronounced dead.

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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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