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June 25, 2014

District Court Enters Permanent Injunction Against California-Based Firm and Individuals to Prevent Distribution of Adulterated Dietary Supplements

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

The Justice Department announced today that U.S. District Court Judge Otis D. Wright II of the Central District of California entered a consent decree of permanent injunction against GM Manufacturing Inc. (GMM) and Mao L. Yang, Mary Chen and David Yang on Friday, June 20, 2014, to prevent the distribution of adulterated dietary supplements.

“Adulterated dietary supplements may pose a significant risk to the public health,” said Stuart F. Delery, Assistant Attorney General for the Department of Justice’s Civil Division. “The Department of Justice is committed to protecting the public from dietary supplements that are not manufactured in conformity with current good manufacturing practices as required by law.”

According to the complaint filed by the United States on June 2, 2014, GMM manufactured, labeled, prepared, packed, held and distributed dietary supplements from its facility in Gardena, California. As alleged in the complaint, in spections by the Food and Drug Administration (FDA) established that the dietary supplements manufactured and distributed by the defendants were adulterated, in that they were prepared, packed and held under conditions that do not comply with the current good manufacturing practice regulations for dietary supplements. For example, during an inspection in 2013, FDA observed that defendants failed to maintain, clean and sanitize, as necessary, equipment, utensils and other contact surfaces used to manufacture, package, label or hold components or dietary supplements.

As part of the permanent injunction, the defendants agreed to stop manufacturing, preparing and distributing dietary supplements. The defendants agreed to provide 90 days’ notice to FDA before seeking to resume operations. If the defendants seek to resume dietary supplement operations, they are required to comply with a series of remedial measures, including retaining an expert to inspect the company’s facility and provide a certification that all manufacturing deficiencies have been corrected. Also, the defendants must report to FDA all actions they have taken to correct the deviations. The defendants are not allowed to resume operations until FDA has re-inspected their facility and operations, and provided written notice to them.

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THIRD STRIKER SENTENCED TO 25 YEARS TO LIFE IN PRISON FOR SHOOTING AND KILLING FRIEND WHILE STOPPED AT INTERSECTION IN IRVINE

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

SANTA ANA - A third striker was sentenced today to 25 years to life in state prison for shooting and killing his friend while stopped at an intersection in Irvine. David Benjamin Rodgers, 49, Lancaster, was found guilty by a jury Feb. 25 2014, of one felony count of voluntary manslaughter with sentencing enhancements for prior strike convictions for false imprisonment in 1989, forcible sodomy and forcible oral copulation of a minor in 1990, and sexual assault of a minor in 1990.

At approximately 11:00 a.m. on Dec. 22, 2002, Rodgers was driving his car with his friend, 44-year-old Jeanie Lynn Waterson, in the passenger’s seat. Rodgers stopped his car at the intersection of Sand Canyon Avenue and Alton Parkway in Irvine. While stopped at the intersection, Rodgers used a firearm to fire a total of five shots without provocaton. He first fired one shot through the windshield of the car. Rodgers then killed Waterson by firing another shot, which entered and exited her left arm, then went through her heart and right lung. The defendant then fired several more shots, two additional shots through the windshield and one through his own right foot. The car then rolled through the intersection into an open field.

Witnesses contacted police and the Irvine Police Department arrived at the scene. Rodgers waited approximately 14 minutes before he surrendered. Waterson was pronounced dead at the scene.

This case was initially tried in 2005 and resulted in a guilty verdict for second degree murder, but was later overturned on appeal. The case was then retried in 2009, but the jury was unable to reach a verdict and the case resulted in a mistrial.

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June 24, 2014

Orange County Man Convicted in Scams That Caused More Than $3 Million in Losses with False Promises of Products That Treated Common Ailments

Filed under: California Defense Attorney — fayarfa @ 6:12 am

SANTA ANA, CA—An Irvine man was found guilty today of running a fraud scheme that raised about $3.3 million from victims who thought they were investing in products that would treat childhood obesity and Type II diabetes.

Charles “Chuck” Davis, 57, was found guilty today of two counts of mail fraud, seven counts of wire fraud and four counts of money laundering.

The evidence presented during a seven-day trial showed that Davis operated an investment scam involving the Newport Beach-based LifeRight Holdings, Inc. According to promises made by Davis, LifeRight was going to develop and use infomercials to market a product to combat child obesity. Davis promised investors a 15 percent return in only 13 months, as well as royalties on products sold and an option to convert the investment into shares of LifeRight stock when the company began selling product.

But investor funds – more than $2.4 million raised from about 40 victims in 2007 and 2008 – were actually used to fund Davis’ personal expenses and legal fees in lawsuits brought against him.

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ATTORNEY SENTENCED TO 12 YEARS IN PRISON FOR EMBEZZLING OVER $780,000, INCLUDING $720,000 FROM ELDERLY SISTERS HE KNEW THROUGH CHURCH

Filed under: California Defense Attorney — fayarfa @ 6:07 am

SANTA ANA - An attorney was sentenced today to 12 years in state prison for stealing over $780,000 from nine victims, including over $720,000 from his client trust account from two elderly sisters after offering to assist them with their finances. Peter David Nitschke, 47, Newport Beach, pleaded guilty to a court offer Feb. 3, 2014, to six felony counts of grand theft, two felony counts of elder financial abuse, and one felony count of issuing a check with non-sufficient funds, with white collar crime sentencing enhancements.

In March 2010, the 95-year-old mother of 69-year-old Virginia C. and mother-in-law of 65-year-old Diane C. died, leaving the women a property in Northern California and over $675,000 in bank accounts.

Nitschke, a then-Irvine-based attorney, was friends with the victims’ family and was president of their church congregation, the Lutheran Church of the Cross in Laguna Woods. The defendant offered to help Diane C. and Virginia C. settle the financial accounts and directed them to give him cashier’s checks in the amount of all the funds left to them in the bank accounts by their mother/mother-in-law.

He stole over $675,000 from the victims by depositing the money in his client trust and then almost immediately transferring the money his personal and business bank accounts. The defendant also stole an additional $46,000 from the victims by failing to return the funds to them from a real estate transaction. Nitschke then spent the money or hid it by moving it into other accounts.

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MAN LINKED THROUGH DNA CONVICTED OF SPECIAL CIRCUMSTANCES MURDER OF 84-YEAR-OLD WOMAN IN 1984 COLD CASE

Filed under: California Defense Attorney — fayarfa @ 6:02 am

SANTA ANA - A man was convicted yesterday of special circumstances murder of an 84-year-old apartment complex owner in a 1984 cold case. Richard Stanley Sandoval, 60, Santa Ana, was found guilty by a jury of one felony count of special circumstances murder in the commission of rape or attempted rape and faces a sentence of life in state prison without the possibility of parole at his sentencing Aug. 8, 2014, at 9:00 a.m. in Department C-36, Central Justice Center, Santa Ana.

In 1984, 84-year-old Margaret Lenney owned and lived in an Anaheim apartment complex on Winston Road. Sandoval, then 30 years old, was hired by the victim to paint the complex but did a poor job and was fired. He returned to the complex on several occasions to ask to borrow money from tenants.

On the night of Sept. 23, 1984, Sandoval went to Lenney’s apartment, beat and strangled the victim, and murdered her as he raped or attempted to rape the elderly victim after causing her to suffer blunt force trauma to the head and a skull fracture. Sandoval then fled the scene.

Anaheim Police Department (APD) officers responded to calls and located the victim bleeding on her front porch. Lenney’s pants and underwear had been pulled all the way down and her shirt had been lifted to expose her breasts.

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June 23, 2014

Two Men Dubbed the ‘Cowboy Gun Bandits’ Arrested by FBI and LAPD on Federal Indictment that Outlines Series of Armed Robberies

Filed under: Federal Crimes Defense Attorney — fayarfa @ 3:46 am

LOS ANGELES – Two men who earned the moniker the “Cowboy Gun Bandits” for brandishing a large-caliber revolver during a series of robberies have been arrested and are due to be arraigned this afternoon in United States District Court.

Dominic Dorsey, 46, of Hollywood, and Reginald Bailey, 69, of the Jefferson Park district of Los Angeles, were named in a federal grand jury indictment returned on June 3. The two men were taken into custody Thursday by special agents with the FBI and officers with the Los Angeles Police Department.

The indictment alleges a conspiracy to interfere with commerce in violation of the Hobbs Act. The indictment also charges them with five specific Hobbs Act robberies and five counts of using a firearm during the robberies.

The conspiracy count in the indictment alleges that Dorsey and Bailey participated in eight robberies, specifically

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O.C. Man Convicted in Scams that Caused Over $3 Million in Losses with False Promises of Products that Treated Common Ailments

Filed under: California Defense Attorney — fayarfa @ 3:42 am

SANTA ANA, California – An Irvine man was found guilty today of running a fraud scheme that raised about $3.3 million from victims who thought they were investing in products that would treat childhood obesity and Type II diabetes.

Charles “Chuck” Davis, 57, was found guilty today of two counts of mail fraud, seven counts of wire fraud and four counts of money laundering

The evidence presented during a seven-day trial showed that Davis operated an investment scam involving the Newport Beach-based LifeRight Holdings, Inc. According to promises made by Davis, LifeRight was going to develop and use infomercials to market a product to combat child obesity. Davis promised investors a 15 percent return in only 13 months, as well as royalties on products sold and an option to convert the investment into shares of LifeRight stock when the company began selling product.

But investor funds – more than $2.4 million raised from about 40 victims in 2007 and 2008 – were actually used to fund Davis’ personal expenses and legal fees in lawsuits brought against him.

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SoCal Doctor Agrees to Plead Guilty to Distributing Addictive Painkiller and Laundering Proceeds of His Drug Trafficking

Filed under: California Defense Attorney — fayarfa @ 3:39 am

LOS ANGELES – In a plea agreement filed late this afternoon, a Los Angeles-area doctor has agreed to plead guilty to a federal drug trafficking charge for illegally distributing the powerful painkiller best known by the brand names Vicodin and Norco.

Dr. Andrew Sun, 78, of La Mirada, has agreed to plead guilty to one count of distribution of hydrocodone and one count of money laundering.

While Sun has agreed to plead guilty to distributing hydrocodone, he admits in his plea agreement that he also illegally prescribed and distributed other drugs, including those best known by the brand names Xanax and Soma. Sun admits that he prescribed these drugs from the beginning on 2011 through June 2012 and that he did so “outside the usual course of professional practice and without a legitimate medical purpose.”

Sun, who operated medical clinics in San Gabriel and East Los Angeles, was named in an indictment that was returned by a federal grand jury about three months ago. In his plea agreement, Sun acknowledges that he issued a dozen prescriptions to “patients” who were undercover law enforcement officers who made cash payments and who “did not have a legitimate medical need for the drugs.”

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June 20, 2014

MAN CONVICTED OF MOLESTING TWO BOYS AND POSSESSING GRAPHIC AMATEUR AND COMMERCIAL CHILD PORNOGRAPHY

Filed under: California Chid Pornography Attorney — fayarfa @ 4:10 am

SANTA ANA – A man was convicted today of sexually assaulting two boys, ages 9 to 11, and possessing graphic amateur and commercial child pornography featuring young boys. Oscar Manuel Vaquera, 39, Anaheim, was found guilty by a jury of two felony counts of lewd acts on a child under 14, two felony counts of possession of child pornography, and one felony count of distributing child pornography with sentencing enhancement allegations for lewd acts against more than one victim and substantial sexual conduct with a child. He faces a maximum sentence of 33 years to life in state prison and lifetime sex offender registration at his sentencing Aug. 8, 2014, at 8:30 a.m. in Department C-34, Central Justice Center, Santa Ana.

At the time of the crimes, Vaquera lived in a bedroom in an Anaheim house. Other people, to whom the defendant was not related, also lived in other bedrooms in the home. Vaquera drilled a hole from his closet into the bathroom and secretly photographed and recorded young boys as they used the restroom and showered.

On one occasion between 2007 and 2008, Vaquera sexually assaulted 11-year-old John Doe #1 while the victim stayed overnight in the defendant’s home while visiting a family member. The defendant touched John Doe #1’s penis while the victim was sleeping. Vaquera recorded the sexual assault. This case went unreported at the time.

On one occasion between 2009 and 2011, Vaquera sexually assaulted John Doe #2 when the victim was between 9 and 11 years old. The victim is not related to the defendant. The defendant touched the victim’s penis while the victim was awake and video-recorded the sexual assault. This case also went unreported.

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Convicted Serial Killer Found Guilty of Four Additional Murders

Filed under: California Defense Attorney — fayarfa @ 4:07 am

A serial killer already on Death Row for killing 10 women and an unborn child was found guilty today of four additional murders, the Los Angeles County District Attorney’s Office announced.

Jurors deliberated for less than day before finding 47-year-old Chester Dewayne Turner guilty of four counts of first-degree murder.

The jury also found the special circumstance allegations of multiple murders and prior murder convictions to be true, making Turner eligible for the death penalty once again.

The penalty phase of the trial is expected to begin tomorrow at 10 a.m. in Department 104 of the Foltz Criminal Justice Center.

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