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July 18, 2014

LARGEST US FOOD DISTRIBUTION COMPANY TO PAY NEARLY $20 MILLION IN CONSUMER PROTECTION LAWSUIT FOR HOLDING PERISHABLE FOOD IN UNREFRIGERATED SHEDS

Filed under: California Defense Attorney — fayarfa @ 4:53 am

SANTA ANA – The nation’s largest food distribution company, Sysco Corporation, will pay nearly $20 million dollars in a consumer protection settlement for illegally holding perishable foods, such as seafood, milk and raw meat, in unrefrigerated, unprotected storage sheds. This is the largest settlement of a food safety prosecution in California history.

This case was investigated by the California Department of Public Health (CDPH) and prosecuted by The California Food, Drug and Medical Device task force, made up of the District Attorney’s Offices of Orange, Santa Clara, Santa Cruz, Alameda, Marin, Solano, Napa, Sonoma, Monterey and Shasta Counties. The case was filed in Santa Clara County.

Deputy District Attorney Tracy Hughes of the Consumer Protection Unit prosecuted this case for the Orange County District Attorney.

Circumstances of the Case

Sysco is the largest food distribution company in the nation and among the largest worldwide.

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TWO MEN AND WOMAN SENTENCED FOR HUMAN TRAFFICKING AND PIMPING MINOR GIRL WHO WAS LURED THROUGH FACEBOOK

Filed under: California Defense Attorney — fayarfa @ 4:46 am

FULLERTON – Two men and a woman were sentenced today for human trafficking and pimping out a minor girl who was lured through Facebook. Kristian Adway, 19, pleaded guilty today to one felony count each of human trafficking, pimping, and evading while driving recklessly. Adway was sentenced to five years in state prison and mandatory lifetime sex offender registration.

Dejon Pierre Moore, 20, pleaded guilty today to one felony count each of human trafficking, and attempted pandering. Moore was sentenced to 11 years and four months in state prison and mandatory lifetime sex offender registration.

Jennifer Kaye Moeggenberg, 24, pleaded guilty today to one felony count of pandering. Moeggenberg was sentenced to three years in state prison.

Circumstances of the Case

Moore contacted 17-year-old Jane Doe on Facebook and maintained a long distance relationship with the victim. On Sept. 21, 2013, Moore drove to Los Angeles to pick up Jane Doe after she rode a train to meet him. Moore then met up with Adway and drove together with Jane Doe to Orange County. Moore used force and fear to induce Jane Doe to work for him and engage in commercial sex. Moeggenberg set rules for the victim and how to behave around sex purchasers.

Moore, Adway, and Moeggenberg, took sexually suggestive photos of the victim and posted advertisements of Jane Doe on websites known for prostitution. Moore collected the money Jane Doe made from performing illegal sex acts and gave some of the earnings to Adway. Moore hit and threatened the victim when she expressed desire to stop providing illegal sex services.

At approximately 2:30 p.m. on Sept. 26, 2013, Adway drove Moore, Moeggenberg, and Jane Doe to Anaheim. Adway refused to stop his vehicle for an Anaheim Police Department (APD) officer who was performing a routine traffic stop. Adway sped approximately 60 miles per hour and turned into a crowded parking lot. Adway left his vehicle and attempted to flee from the officer on foot. Moeggenberg had several outstanding warrants and provided false information about her identity to an officer. The defendants were arrested by APD. (more…)

Pair Sentenced in Failed 2008 Restaurant Takeover Robbery

Filed under: California Defense Attorney — fayarfa @ 4:42 am

A convicted felon with a lengthy record was sentenced today to 620 years to life in prison for a series of violent takeover robberies around Los Angeles and the San Fernando Valley, the Los Angeles County District Attorney’s office announced.

Deputy District Attorney Jack Garden with the Crimes Against Peace Officers Section, who prosecuted the case, said Alonzo Harris, 54, “was extremely violent.”

Last September, Harris was convicted of 37 counts, including 14 takeover robberies at stores and markets over a nine-month period beginning in October 2007. Garden said Harris used a gun in every incident. On several occasions, he pistol-whipped the victims. In one instance, he sexually assaulted a female worker during a Dec. 23, 2007, takeover robbery at a grocery store.

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LAPD Officer Charged with Assaulting a Man Outside a Staples Center Restaurant

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

An LAPD officer was arraigned today on charges that he used excessive force while detaining a man standing outside a restaurant near the Staples Center in 2012, the Los Angeles County District Attorney’s Office announced.

Jonathan Lai (dob 9/28/83) pleaded not guilty to one count each of assault by a police officer and assault with a deadly weapon in case BA427067. His bail was set at $35,000.

Deputy District Attorney Gretchen Ford with the Justice System Integrity Division is prosecuting the case.

While on routine patrol on April 15, 2012, Lai and his partner approached a man standing alone outside a restaurant near the Staples Center. The restaurant’s security video allegedly shows Lai repeatedly using his police baton to strike the man who was on his knees with his hands on his head.

Lai returns to court on Aug. 21 at the Foltz Criminal Justice Center, Department 30, to set a date for his preliminary hearing. If convicted, Lai faces up to four years in state prison.

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July 17, 2014

Three Indicted in Insurance Fraud Scheme Involving More Than $50 Million Worth of Unneeded Medical Procedures

Filed under: California Defense Attorney — fayarfa @ 2:24 am

SANTA ANA, California – A federal grand jury today indicted three Southern California residents in a scheme to defraud health insurance programs by submitting bills for more than $50 million in medically unnecessary medical procedures performed on insurance beneficiaries who received free or discounted cosmetic surgery.

The indictment outlines a scheme in which marketers or cappers lured patients to a surgery center in Orange known at various times as Empire Surgical Center, Vista Surgical Center and Princess Cosmetic Surgery. The marketers told patients that they could use their union or PPO health insurance plans to pay for cosmetic surgeries, which are generally not covered by insurance.

When patients came to the surgery center for a consultation, they were told that they could receive free or discounted cosmetic surgeries if they underwent multiple, medically unnecessary procedures that would be billed to their union or PPO health care benefit program, the indictment alleges. The unnecessary procedures typically performed on the “patients” were endoscopies (usually esophagogastroduodenoscopies, or EGDs), colonoscopies and cystoscopies. Once the health care benefit program paid the claims, the patients were given free or discounted cosmetic surgeries, including “tummy tucks,” breast augmentations, rhinoplasties (“nose jobs”) and liposuction. Further, according to the indictment, tummy tucks were billed as hernia repair surgeries, and rhinoplasties were billed as deviated septum repair surgeries.

The three defendants charged in today’s indictment are:

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ARMY SOLDIER TO FACE TRAIL FOR MURDER OF FRIEND AND ATTEMPTED MURDER OF FATHER AND ANOTHER MAN IN HOTEL SHOOTING

Filed under: California Defense Attorney — fayarfa @ 12:09 am

SANTA ANA – An Army Specialist faces a jury trial today for murdering a friend and attempting to murder his father and another man in an unprovoked shooting at a Cypress hotel. Steven Matthew LeClaire Jr., 26, is charged with one felony count of murder, two felony counts of attempted murder, and sentencing enhancements for the personal discharge of a firearm causing death and the personal discharge of a firearm causing great bodily injury. If convicted, he faces a minimum sentence of 90 years to life in state prison. Opening statements are scheduled to begin this morning, Wednesday, July 16, 2014, at 9:00 a.m. in Department C-30, Central Justice Center, Santa Ana.

In February 2011, LeClaire Jr. was stationed in Texas.

At approximately 9:30 p.m. on Feb. 24, 2011, LeClaire Jr. is accused of being in a hotel room drinking and socializing with three other men at the Cypress Lodge on Lincoln Avenue. The other men included the victim’s father, Steven LeClaire Sr., then 42, and friends Marques Murray, 24, and Raymond Eligan, then 51.

The defendant is accused of pulling out a firearm, pointing it at the three men, and firing the weapon multiple times. LeClaire Jr. is accused of murdering Murray by shooting him in the arm and chest. He is accused of attempting to murder his father by shooting him several times. He is accused of attempting to murder Eligan by shooting him in the legs as the victim attempted to escape into the bathroom. LeClaire Sr. and Eligan survived the attack

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MAN TO BE ARRAIGNED FOR NEGOTIATING BAIL BONDS WITHOUT HAVING BAIL BONDS LICENSE

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

SANTA ANA – A 30-year-old man will be arraigned tomorrow for negotiating bail bonds without being licensed. Derek Leslie O’Lear, San Bernardino, is charged with four felony counts of undertaking bail without a license. If convicted on all counts, he faces a maximum sentence of five years in Orange County jail. The defendant received an arraignment letter and is scheduled to be arraigned tomorrow, July 17, 2014, at 8:30 a.m. in Department C-55, Central Justice Center, Santa Ana.

In 2011, O’Lear is accused of working at Bail Hotline Bail Bonds in Santa Ana without having a bail bonds license. California Law prohibits any person from negotiating the execution or delivery of bail unless they are a bail bonds licensee. While employed at Bail Hotline Bail Bonds, the defendant is accused of being tasked with answering the phones when individuals called about bail.

On four separate occasions between October 2011 and November 2011, O’Lear is accused of negotiating the terms of bail bonds agreements with four separate inmates.

This case was investigated by the Orange County Sheriff’s Department.

Deputy District Attorney Brock Zimmon of the Special Prosecutions Unit is prosecuting this case.

Orange County District Attorney / Case # 14CF2042 / July 16, 2014

July 16, 2014

San Diego Criminal Defense Attorney Pleads Guilty to Laundering Drug Proceeds and Tampering with Witness

Filed under: California Defense Attorney — fayarfa @ 12:09 am

SAN DIEGO – San Diego criminal defense attorney James Warner pleaded guilty today to two federal felony offenses, admitting that he laundered $100,000 of a client’s drug trafficking proceeds and then tampered with a potential witness in the case.

Warner, 65, a San Diego resident who has been a member of the California bar since December of 1974, pleaded guilty before United States District Judge Jeffrey T. Miller to conspiracy to launder drug proceeds and attempted harassment of a witness.

At today’s hearing in United States District Court in San Diego, which was Warner’s first court appearance in this case, bond was set at $5,000. Judge Miller also scheduled a sentencing hearing for October 16, at which time Warner will face a statutory maximum sentence of 23 years in federal prison.

According to the plea agreement filed today, federal drug agents searched the home and business of one of Warner’s clients in May of 2012. The drug trafficker told Warner that agents had overlooked $100,000 in cash during their search, and Warner agreed to conceal the money.

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TWO CALIFORNIA MEN INDICTED ON FEDERAL CHARGES FOR ALLEGEDLY RELEASING 2,000 MINKS AND DAMAGING MORRIS, ILL., MINK FARM IN 2013

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

CHICAGO — Two California men were indicted on federal charges for allegedly damaging and interfering with the operations of a mink farm in Morris, Ill., last August.  Property belonging to the mink farm, about 60 miles southwest of Chicago, was damaged and approximately 2,000 minks were released from captivity on Aug. 14, 2013. The defendants also allegedly conspired to damage and interfere with the operations of a fox farm in Roanoke, Ill., northeast of Peoria, around the same time.

One defendant, TYLER LANG, was arrested today by FBI agents in El Segundo, Calif.  He was scheduled to appear this afternoon in Federal Court in Los Angeles before facing further court proceedings in U.S. District Court in Chicago. The second defendant, KEVIN JOHNSON, is in state custody in Woodford County, Illinois, and both defendants are scheduled to be arraigned in Federal Court in Chicago on July 29.

Johnson, 27, also known as “Kevin Olliff,” and Lang, 25, whose last known residenceswere in Los Angeles, were both charged with one count each of conspiracy and interstate travel to damage and interfere with the operations of an animal enterprise. The two-count indictment was returned by a federal grand jury in Chicago on Tuesday and it was unsealed following Lang’s arrest.

According to the indictment, the Morris mink farm and the Roanoke fox farm were in the business of breeding, raising, and selling the animals to fur manufacturers.

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Alhambra Man Sentenced for Assaulting Teenage Girls

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

A 31-year-old man was sentenced to 20 years in state prison last week after he was convicted of enticing teenage girls with job opportunities so that he could sexually assault them, the Los Angeles County District Attorney’s Office announced.

Deputy District Attorney Miriam Avalos said Milton Joel Melgar of Alhambra pleaded no contest Friday to two felony counts of assault with intent to commit a felony, one felony count of false imprisonment by violence and two misdemeanor counts of child molesting.

In addition to Melgar’s prison sentence, Los Angeles County Superior Court Judge Jack Hunt ordered the defendant to register as a sex offender for life.

The prosecutor said Melgar harassed and sexually assaulted five female teenagers between August 2012 and July 2013 in El Monte. The girls were 14 to 16 years old when the crimes occurred.

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