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May 2, 2016

GARDENER CONVICTED AND SENTENCED FOR COMMITTING INSURANCE FRAUD BY WORKING WHILE RECEIVING TOTAL DISABILITY PAYMENTS TOTALING OVER $29,000

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

SANTA ANA, Calif. – A man was convicted and sentenced yesterday for committing insurance fraud by working as a gardener while receiving total disability benefits totaling over $29,000. Alberto Gonzalez, 56, Stanton, pleaded guilty April 28, 2016, to three misdemeanor counts of making fraudulent statements to obtain or deny compensation. He was sentenced to 90 days in the Orange County jail, three years informal probation, and was ordered to pay $150 to the Fraud Assessment Fund. Prior to the plea, Gonzalez paid full restitution by giving the Orange County District Attorney’s Office (OCDA) two cashier’s checks in the total amount of $29,270.29, made payable to the Insurance Company of the West for the loss they incurred.

On June 27, 2012, Gonzalez, who at the time was working as a gardener for MS Landscape, claimed that he was injured on the job when he slipped while standing on top of a fence and trimming a tree. The defendant reported the injury to his employer but continued to work.

On July 5, 2012, Gonzalez complained that his pain was increasing and was sent to a doctor by the employer and a Workers’ Compensation claim was initiated. During the course of the claim, his complaints increased and he convinced the doctor that he could not perform all of his duties as a gardener. The doctor treating the defendant subsequently put Gonzalez on modified duties, which the employer could not accommodate and resulting in the insurance company paying the defendant temporary total disability.

On Aug. 20, 2012, Gonzalez was interviewed by an investigator for the insurance company. At that time, the defendant told the investigator that he had given his side business to his brother and stated he had not actively worked his own gardening business in over a year.

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MAN DUBBED ASSISTANT COACH BANDIT CHARGED FOR DEFRAUDING OVER $10,000 FROM WOMAN THROUGH LOAN MODIFICATION SCAM

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

SANTA ANA, Calif. – A man previously dubbed the Assistant Coach Bandit by the FBI has been charged for defrauding over $10,000 from a woman through a loan modification scam. James Allen Ramsdell, 51, Huntington Beach, is charged with one felony count of grand theft by false pretense, one felony count of foreclosure consultant unlawful advance fee, one misdemeanor count of loan modification unlawful advance, and a sentencing enhancement for a prior prison conviction of a serious and violent felony for bank robbery in 2009 in the San Diego federal court for bank robbery. If convicted, he faces a maximum sentence of eight years and four months in state prison. He is being held on $120,000 bail and is scheduled to be arraigned Tuesday, May 3, 2016, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

Between March 1, 2014, and Nov. 1, 2015, Ramsdell is accused of offering to provide loan modification services to Jane Doe. He is accused of illegally collecting an upfront fee of approximately $920, after the victim had received a bank notice of default on her mortgage. Ramsdell is accused of instructing the victim to write multiple checks to complete the loan modification but never performing any services. Ramsdell is accused of operating his fraudulent loan modification/foreclosure consultant firm under the fictitious name of Ramsdell Consulting. He is accused of using the fictitious name of Melissa Hurley when communicating with Jane Doe. The defendant is accused of receiving multiple checks from the victim and cashing them, defrauding over $10,000 from Jane Doe.

After having never received modifications on her home loan, Jane Doe submitted a fraud report to the Orange County District Attorney’s Office Bureau of Investigation, who investigated this case and arrested the defendant this morning, Friday, April 29, 2016.

To watch video of the arrest, please visit the following link: https://youtu.be/z7vsTw1hLHI or https://vimeo.com/164754872.

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JUVENILE GANG MEMBER CHARGED AS ADULT WITH ATTEMPTED MURDER FOR SHOOTING 42-YEAR-OLD MAN DURING ARGUMENT

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

WESTMINSTER, Calif. – A juvenile gang member was charged as an adult today with attempted murder for shooting a 42-year-old man during an argument. Phillip Nguyen, 15, Garden Grove, is direct filed as an adult and charged with one felony count of attempted murder with willful deliberation and premeditation, and sentencing enhancements for the personal use of a firearm causing great bodily injury and criminal street gang activity. If convicted, Nguyen faces a maximum sentence of 32 years to life in state prison. The People will be requesting the defendant be held on $1 million bail at his scheduled arraignment tomorrow, April 29, 2016, at 9:00 a.m. in Department W-12, West Justice Center, Westminster.

At approximately 3:15 p.m. on April 26, 2016, Nguyen is accused of standing on the sidewalk near the victim’s stopped vehicle on Westminster Avenue in front of Bolsa Grande High School. The 42-year-old male victim was seated in the front passenger seat while a woman was seated in the driver’s seat, and a teenage girl was seated in the back. Nguyen, who is not a student of the high school he was near, is accused of getting into a verbal dispute with the victim and shortly thereafter shooting his gun and hitting the victim in the head and back. Upon seeing the victim wounded, the victim’s girlfriend drove away in search of a nearby hospital.

Someone in the victim’s car called the Garden Grove Police Department, who immediately drove to the scene. The dispatcher on the phone told them to pull over so the paramedics could transport the victim to the nearest hospital, where the victim was treated and is expected to survive.

Deputy District Attorney Jeffrey Schunk of the TARGET Unit is prosecuting this case.

Orange County District Attorney / Case # 16WF0868 / April 28, 2016

May 1, 2016

RECENTLY TRANSPLANTED COLORADO MAN ARRAIGNED FOR TRAFFICKING, PIMPING, AND PANDERING WOMAN

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

SANTA ANA, Calif. – A recently transplanted Colorado man was arraigned on charges of trafficking, pimping, and pandering a woman. Michael James Swanson, 52, Anaheim, was charged yesterday with one felony count of human trafficking, one felony count of pandering by procuring, and one felony count of pimping. If convicted, he faces a maximum sentence of 21 years and four months in state prison. He is being held on $250,000 bail and must prove the money is from a legal and legitimate source before posting bond. He was arraigned yesterday and is scheduled to appear for a pre-trial hearing on May 5, 2016, at 8:30 a.m. in Department N-3, North Justice Center, Fullerton.

Circumstances of the Case
Swanson is accused of being a pimp who exploits women for financial gain. Victims are often required to turn over all payment they receive for sex acts from sex purchasers to their pimp. Failure to follow these rules can result in physical and/or emotional abuse.

Between April 21, 2016, and April 25, 2016, Swanson is accused of trafficking Jane Doe and forcing her to work for him as a commercial sex worker. The defendant is accused of posting sexually explicit advertisements of Jane Doe on a website known for prostitution. Swanson is accused of collecting all of the money Jane Doe earned from engaging in commercial sex. Jane Doe fled from the motel she was staying and contacted law enforcement.

On April 25, 2016, a concerned family member of Jane Doe contacted the Orange County Human Trafficking Task Force (OCHTTF) and shared that the victim was living in fear and needed help. OCHTTF arrived and discovered Jane Doe was at nearby restaurant and had contacted the Orange County Sheriff’s Department (OCSD). Jane Doe was visibly scared while speaking to law enforcement. A short time later, Swanson drove in to the same location and was subsequently arrested by OCSD.

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U.S. Navy Captain Select Sentenced to Over Six Years in Prison for Accepting Cash and Prostitutes in International Bribery Scheme

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

A U.S. Navy Captain Select was sentenced today to 78 months in prison for bribery charges, admitting that he accepted cash, gifts, travel expenses, entertainment and the services of prostitutes from foreign defense contractor Glenn Defense Marine Asia (GDMA) in exchange for classified U.S. Navy information, including ship schedules that contained information related to the U.S. Navy’s ballistic missile defense operations in the Pacific.  In addition, he was ordered to pay a fine in the amount of $100,000 and to forfeit $95,000 in proceeds for the scheme.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Laura Duffy of the Southern District of California, Deputy Inspector General for Investigations James B. Burch of the Defense Criminal Investigative Service (DCIS) and Director Andrew Traver of the Naval Criminal Investigative Service (NCIS) made the announcement.

Michael Vannak Khem Misiewicz, 49, of San Diego, was sentenced by U.S. District Judge Janis L. Sammartino of the Southern District of California for one count of conspiracy and one count of bribery.

According to admissions in his plea agreement, from January 2011 until September 2013, Misiewicz provided classified U.S. Navy ship schedules and other sensitive U.S. Navy information to the defense contractor Leonard Glenn Francis, CEO and owner of Singapore-based GDMA.  GDMA provided port services to U.S. Navy ships and submarines when they arrived at ports throughout the Pacific.

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California Doctor Pleads Guilty to $2.4 Million Medicare Fraud

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

LOS ANGELES – A Valencia doctor pleaded guilty today to federal charges for submitting more than $2.4 million in fraudulent claims to Medicare.

Dr. Gary J. Ordog, 61, pleaded guilty before United States District Judge Fernando M. Olguin to one count of health care fraud. Judge Olguin is scheduled to sentence Ordog on August 18.

According to admissions made as part of his plea agreement, Ordog, a physician specializing in toxicology, submitted false claims to Medicare for purported visits with Medicare beneficiaries, when in fact those visits never actually occurred. Ordog admitted the he submitted bills for services purportedly performed on deceased Medicare beneficiaries, supposedly performed when he was out of the country, and that totaled more than 24 hours for one day. Ordog fabricated patient records to support false claims, he admitted.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, United States Attorney Eileen M. Decker, Special Agent in Charge Christian Schrank of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG) Los Angeles Region and Special Agent in Charge Joseph Fendrick of the California Department of  Justice’s Orange County and San Diego Office made the announcement.

“Medical professionals who defraud Medicare drive up the costs associated with healthcare for everyone,” said United States Attorney Eileen M. Decker. “This crime harms both taxpayers and patients.”

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April 30, 2016

Gardena-Based Pimp Faces Life in Federal Prison for Trafficking Seven Children Forced or Coerced to Work as Prostitutes

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

LOS ANGELES – A Gardena man has been found guilty of 14 felony counts for trafficking seven girls who worked as prostitutes, several of whom worked under threats of force, fraud or coercion.

Laron Carter, also known as “Birdd” and variations of that moniker, 39, was found guilty yesterday afternoon by a federal jury in Los Angeles.

Following a five-day trial, the jury convicted Carter of seven counts of sex trafficking of a minor by force, fraud or coercion, and seven counts of transporting a child to engage in prostitution.

The evidence at trial showed that Carter trafficked girls as young as 13 and subjected some of them to beatings, which included victims being punched in the face and whipped with a belt.

The case was tried before United States District Judge Virginia Phillips, who is scheduled to sentence Carter on July 18. At sentencing, Carter will face a mandatory minimum sentence of 15 years in federal prison and a statutory maximum sentence of life without parole.

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Three People Connected to Shooter in San Bernardino Terrorist Attack Arrested on Federal Conspiracy, Marriage Fraud and False Statement Charges

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

RIVERSIDE, California – Three people with family connections to Syed Rizwan Farook, one of the perpetrators of the December 2, 2015 terrorist attack at the San Bernardino Inland Regional Center (IRC), were arrested this morning on federal conspiracy, marriage fraud and false statement charges.

A five-count indictment returned yesterday by a federal grand jury charges three defendants in a marriage fraud conspiracy that involved making false statements under oath for the purpose of obtaining immigration benefits for one of the defendants.

The three defendants arrested this morning are:

· Mariya Chernykh, 26, of Ontario, who, according to official records, is married to Enrique Marquez, Jr., who is awaiting trial on charges of conspiring with Syed Rizwan Farook in 2011 and 2012 to provide material support to terrorists;

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District Court Enters Permanent Injunction Against San Francisco Rice Noodle Company and Senior Officers to Stop Distribution of Adulterated Products

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

The U.S. District Court for the Northern District of California entered a consent decree of permanent injunction against Kun Wo Food Products Inc. (Kun Wo) and the firm’s co-owners, Zi Xing Liu and Zi Cheng Liu, to prevent the distribution of adulterated rice noodles, the Department of Justice announced today.

The department filed a complaint in the Northern District of California on April 12, at the request of the U.S. Food and Drug Administration (FDA).  The complaint alleged that the defendants have a history of processing rice noodles under insanitary conditions.  As detailed in the complaint, the company prepared, processed, manufactured, packed, held and distributed rice noodles to local customers in the San Francisco area.  The complaint alleged that Zi Xing Lui has ultimate authority over all of the firm’s operations, including financial expenditures, production processes and employee supervision and that Zi Cheng Liu shares responsibility with Zi Xing Liu for the firm’s production processes and is also responsible for product distribution.

In conjunction with the filing of the complaint, the defendants agreed to settle the litigation and to be bound by a permanent injunction.  As part of the settlement, the defendants represented that they have ceased receiving, preparing, processing, packing, holding, or distributing any type of food at or from any location.  Under the permanent injunction, if the defendants seek to resume such activity, they must first inform FDA, take specific steps to improve the firm’s manufacturing practices, and then receive written approval from FDA.

“Kun Wo Food Products was repeatedly informed that the sanitation practices at its facility were deficient,” said Principal Deputy Assistant Attorney Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “The Department of Justice will continue to aggressively pursue food companies and individuals responsible for the production of food under insanitary conditions in order to protect the American people and make sure America’s food supply is safe.”

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April 29, 2016

Hitachi Chemical Co. Ltd. to Plead Guilty for Fixing Price of Electrolytic Capacitors

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

Hitachi Chemical Co. Ltd. will plead guilty for conspiring with competitors between 2002 and 2010 to fix prices for electrolytic capacitors sold to customers in the United States and elsewhere, the Department of Justice announced today.

“Hitachi Chemical subsidiaries and co-conspirators fixed the prices of capacitors, a fundamental component of widely used electronic products,” said Deputy Assistant Attorney General Brent Snyder.  “This is the second guilty plea in this investigation, and we will continue to pursue companies and individuals that conspire to undermine competition for technology components of all shapes and sizes.”

“We will not tolerate the behavior of companies or individuals who attempt to profit unfairly from business practices that ultimately hurt our economy and the consumer,” said Acting Special Agent in Charge Bertram Fairries of the FBI’s San Francisco Division.  “We will pursue and bring to justice those who commit these types of crimes.”

Electrolytic capacitors store and regulate electrical current in a variety of electronic products, including computers, televisions, car engine and airbag systems, home appliances and office equipment.

The one-count felony charge was filed today in the U.S. District Court of the Northern District of California in San Francisco.  In addition to pleading guilty to that charge and paying a criminal fine, Tokyo-based Hitachi Chemical has agreed to cooperate in the department’s ongoing investigation.  The plea agreement is subject to court approval.

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