Best Defender Bytes:

November 14, 2012

One Former, One Suspended Officers Convicted of Conspiracy, Perjury

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 9:34 pm

LOS ANGELES – A former Los Angeles police officer and a suspended officer were convicted by a Los Angeles Superior Court jury today of conspiracy to obstruct justice and perjury in connection with a 2008 drug possession case.

The jury failed to reach unanimous verdicts on a third suspended officer and a mistrial was declared.

The jury convicted Evan Samuel, the 40-year-old former officer, and 33-year-old Richard Amio after three days of deliberation. The jury deadlocked 11-1 for guilty on the two counts against 39-year-old Manuel Ortiz, who faces possible retrial. All three will remain free on their own recognizance pending their next court appearances.

Samuel was convicted of the conspiracy count, one count of perjury by declaration and three counts of perjury under oath. Amio was convicted of the conspiracy county and two counts of perjury under oath. Ortiz was charged with one count of conspiracy and one count of perjury under oath. He is due back in court on Dec. 6 for a pretrial hearing.

Samuel and Amio are scheduled to appear for sentencing by trial Judge Michael Pastor on Dec. 12. Samuel faces possible maximum prison term of five years and eight months. Amio’s maximum term would be four years and four months. Because of the state’s realignment law, any prison sentences would be served in county jail.

During a preliminary hearing and later during the June 2008 trial for Gillermo Alarcon, the three defendants allegedly falsely testified about seeing Alarcon throw away a black object that turned out to be cocaine base near a trash bin. Ortiz allegedly denied under oath that he was in fact the officer who found a package containing cocaine powder near a dumpster while the others were searching a laundry room for drugs.

Samuel also signed under penalty of perjury a police report.

Alarcon’s drug possession case was dismissed in June 2008 at the request of prosecutors after footage from the apartment building’s security camera contradicted the sworn testimony of the officers.

October 22, 2012

Mayor of Hawthorne Indicted for Perjury

Filed under: Los Angeles Criminal attorney — Tags: , — fayarfa @ 5:23 pm

LOS ANGELES – Hawthorne Mayor Daniel Juarez was indicted on two counts of perjury for failing to report $2,000 in campaign contributions from Gold’s Gym, the District Attorney’s Office announced today.

The indictment, returned Wednesday by the Grand Jury, was unsealed this morning by Superior Court George Lomeli after the 59-year-old mayor pleaded not guilty. Bail was set at $50,000.

Deputy District Attorney Max Huntsman of the Public Integrity Division said Juarez allegedly went to the owner of Gold’s Gym in Hawthorne and asked for money to retire his campaign debt following his election to the city council.

Huntsman said Juarez allegedly accepted $2,000 in cash that he deposited into his private account. The indictment alleges that Juarez failed to report the money on two campaign statements he filed, one in January 2010 and the other in March 2011.

Juarez returns to Department 130 on Dec. 10 for a pretrial hearing. If convicted, he faces up to five years in state prison.

October 17, 2012

Los Angeles County Assessor, Two Others Arrested on Conspiracy, Bribery and Other Charges

Filed under: Los Angeles Criminal attorney — Tags: , , — fayarfa @ 4:28 pm

LOS ANGELES – District Attorney Steve Cooley announced today the arrest of Assessor John Noguez, his chief appraiser and Arizona tax consultant Ramin Salari on charges they engaged in an elaborate and complex conspiracy to slash property values and save millions in property taxes to help Salari’s clients.

Cooley said the arrests and charges are part of a continuing investigation into public corruption at the Assessor’s Office. Noguez, who announced he would take a leave of absence in June, returned to work briefly before going out on an indefinite medical leave.

“Los Angeles County voters and taxpayers deserve honest, hardworking elected and appointed officials who will serve the best interests of the people,” Dist. Atty. Cooley said during a press conference Wednesday. “Residents must have confidence that their government is not for sale to the highest bidder or the highest briber.”

Noguez, whose real name is Juan Renaldo Rodriguez, was arrested at his Huntington Park home by District Attorney’s investigators with the Bureau of Investigation. The 47-year-old is being held on $1.385 million bail.

(more…)

September 4, 2012

ATTORNEY, ACCOUNTANT, AND TWO ADMINISTRATORS ON TRIAL FOR REVENUE AND TAX CHARGES FOR THEIR ROLES IN $154 MILLION MEDICAL INSURANCE FRAUD SCHEME

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 8:52 pm

* Additional felony fraud counts for the defendants will be tried at a later date

SANTA ANA - The trial against attorney, accountant, and two administrators began today on revenue and tax charges for their roles in the largest medical fraud prosecution in the nation for recruiting over 255 healthy patients to undergo unnecessary and dangerous surgeries to fraudulently bill medical insurance companies. The court bifurcated the case due to its size and volume. This trial involves the failure to file tax returns and under-reporting income to state tax authorities.The other fraud charges remain pending and another trial date will be set after the completion of this trial. Opening statements started today in Department C-41, Central Justice Center, Santa Ana.

Roy Chester Dickson, 64, Yorba Linda, Unity’s attorney, is on trial for one felony count of perjury, three felony counts of filing a false personal tax return, and one felony count of failing to file a corporate tax return. If convicted, Dickson faces a maximum sentence of five years in state prison for these counts. Dickson faces 101 additional felony counts which include two counts of conspiracy, eight counts of capping or paying for referrals, 30 counts of grand theft, 30 counts of insurance fraud, 30 counts of making false and fraudulent claims, one count of money laundering, and white collar sentencing enhancements for taking over $2.5 million on the fraud counts. These counts will be tried at a later date.

Andrew Robert Harnen, 58, Rosemead, Unity’s accountant, is on trial for four felony counts of filing a false tax return, nine counts of failing to file tax returns, and four felony counts of aiding and abetting the false reporting of taxable income. If convicted, Harnen faces a maximum sentence of 11 years and eight months in state prison for these counts. Harnen faces 101 additional felony counts which include two counts of conspiracy, eight counts of capping or paying for referrals, 30 counts of grand theft, 30 counts of insurance fraud, 30 counts of making false and fraudulent claims, one count of filing a false tax return, and white collar sentencing enhancements for taking over $2.5 million on the fraud counts. These counts will be tried at a later date.

Dee Francis, 62, a Unity administrator, is on trial for one felony count of perjury, one felony count of filing a false tax return, and nine counts of failing to file tax returns. If convicted, Francis faces a maximum sentence of nine years in state prison for these counts. Francis faces 102 additional felony counts which include two counts of conspiracy, eight counts of capping or paying for referrals, 30 counts of grand theft, 30 counts of insurance fraud, 30 counts of making false and fraudulent claims, one count of filing a false tax return, two counts of failing to file tax returns, and white collar sentencing enhancements for taking over $2.5 million on the fraud counts. These counts will be tried at a later date.

(more…)

July 26, 2012

Two LAPD Officers Charged with Perjury, Filing a False Police Report

Filed under: California Defense Attorney — Tags: , — fayarfa @ 4:39 pm

LOS ANGELES – Two LAPD officers working on a DUI enforcement project have been charged with perjury and filing a false police report after they allegedly falsely claimed they stopped a suspected DUI driver during a 2010 checkpoint.

Craig Allen, 39, and Phillip Walters, 56, surrendered today at the Foltz Criminal Justice Center on a felony complaint for arrest warrant, said Deputy District Attorney Renee Chang with the Justice System Integrity Division. Their arraignment was set for Aug. 10 in Department 30. Judge Shelly Torrealba released them on their own recognizance.

Allen and Walters were patrolling on motorcycles during a Sept. 4, 2010, DUI checkpoint when they were requested to respond to a traffic stop by another officer, Chang said. They allegedly arrived 15 minutes later. However, in a written report, Allen allegedly wrote he observed the driver fail to stop at two different stop signs and that he made the traffic stop.

Walters allegedly testified at a Feb. 3, 2011, DMV administrative hearing regarding the driver’s license that he also observed the driver fail to stop at two different stop signs and that he was with Allen when they stopped and arrested the driver.

They are charged in case BA400333 with one count each of perjury and filing a false report.

If convicted, each faces up to four years, eight months in state prison.

June 6, 2012

Political Activist Pleads No Contest

Filed under: Los Angeles Criminal attorney — Tags: , — fayarfa @ 5:06 pm

LOS ANGELES – A 64-year-old political activist pleaded no contest today to perjury for failing to disclose he was convicted of a felony when he purchased a gun in 2010.

Carlos Montes, of Alhambra, entered the no contest plea before Los Angeles Superior Court Judge George Lomeli, said Deputy District Attorney Mario Haidar. He was immediately sentenced to three years formal probation, given credit for 1 day served in county jail, ordered to complete 180 hours of community service and told he could not possess any weapons.

In exchange for his plea, three remaining felony counts of perjury were dismissed.

Montes, convicted of felony battery on a peace officer in 1969, signed both the Federal Firearms Transaction Record and the State Dealer’s Record of Sale certifying that he had never been convicted of a felony when he bought a 12-gauge shotgun on Nov. 16, 2010.

May 11, 2012

Councilman Alarcon, Wife Charged in New Complaint

Filed under: Los Angeles Criminal attorney — Tags: , — fayarfa @ 1:32 am

LOS ANGELES – Prosecutors today filed perjury and voter fraud charges against Los Angeles City Councilman Richard Alarcon and his wife after a judge dismissed a 24-count Grand Jury indictment.

The 58-year-old councilman and his wife, Flora Montes De Oca Alarcon, 46, will arraigned on the new complaint, BA397216, on a date to be announced later.

The charges mirror the indictment alleging the councilman illegally claimed a Panorama City house as his residence.

“Judge Kathleen Kennedy’s decision today to dismiss the Alarcon case is inexplicable,” District Attorney Steve Cooley said in a statement. “We will vigorously prosecute this case.”

In dismissing the indictment, Judge Kennedy ruled prosecutors had failed to follow proper procedures in submitting evidence from the couple’s attorneys to the Grand Jury in July 2010.

Cooley disputed her legal reasoning, saying the judge ignored legal precedents when she dismissed the Grand Jury indictment.

“The Grand Jury transcripts clearly show that our prosecutors did indeed present evidence submitted by the councilman and his wife,” Cooley said. “The Grand Jury chose not to consider it, as is their right.”

The complaint charges him with two felony counts of filing a false declaration of candidacy on Dec. 6, 2006 and again on Nov. 6, 2008. He is charged with seven counts of voter fraud involving elections in 2007, 2008 and 2009. He is charged with nine counts of perjury, including three for allegedly filing false driver’s license applications.

Flora Montes de Oca Alarcon is charged with three counts of perjury for allegedly claiming that she lived at the Nordhoff address on a Provisional Voting Ballot, in registering to vote and on a driver’s license application. She also is charged with three counts of voter fraud.

March 12, 2012

Attorney General Kamala D. Harris and El Dorado County District Attorney Vern Pierson Announce Arrest of former El Dorado Deputy Sheriff in Embezzling Scheme

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 11:09 pm

SACRAMENTO - Attorney General Kamala D. Harris and El Dorado County District Attorney Vern Pierson today announced the arrest of a retired El Dorado County Deputy Sheriff who over six years embezzled more than $300,000 from the El Dorado County Deputy Sheriff’s Association.

Donald Philip Atkinson, the former El Dorado County Deputy Sheriff’s Association (DSA) president, was arrested today on 44 felony counts, including embezzlement by public or private officer, grand theft, forgery and perjury.

An investigation by the El Dorado County District Attorney’s Office with assistance from the Attorney General’s Office showed that Atkinson falsified official documents, including Fair Political Practice Commission forms, submitted forged documents to DSA and claimed checks were written for charitable purposes but pocketed the money. The investigation was conducted after a request from the El Dorado County Sheriff’s Office.

Atkinson used DSA funds to open bank accounts in his name and submitted forged documents to the DSA to justify payments made to him and his companies.

Atkinson also provided falsified records indicating that checks for more than $20,000 were written for charitable purposes, including a donation for the families of four murdered Oakland police officers. None of the named organizations and individuals received donations from either Atkinson or the DSA.

Several checks drawn from the DSA general fund and signed by Atkinson were used to pay rent for an apartment occupied by a woman with whom he was in a relationship.

Atkinson was also charged with theft from an elder or dependent adult. The victim loaned $100,000 to Atkinson to purchase a photography business from a man with cancer. Atkinson had falsified information in the contract he signed, and bank records indicate that none of the victim’s funds were spent for the purpose Atkinson had claimed.

January 3, 2012

Palmdale Man Convicted in Million-Dollar Public Assistance Fraud Case

Filed under: Los Angeles Criminal attorney — Tags: , , — fayarfa @ 2:37 am

LOS ANGELES – Following three days of deliberations, jurors today convicted the mastermind behind a massive child care fraud ring that depleted the public treasury of more than $1.4 million.

Deputy District Attorney Tamia Hope of the Public Assistance Fraud Division said Demetrius Eugene of Palmdale – a former employee of the Department of Incorporations within the California Secretary of State’s office – was convicted of five counts of grand theft and six counts of perjury. Jurors also found true an allegation that the defendant stole more than $200,000 in case No. BA333770.

Co-defendant Kmond Day, 36, was acquitted of all counts in this case.

Eugene, who was originally charged in four public assistance fraud cases filed in 2008, then proceeded to enter a guilty plea in his last pending consolidated case involving three of the original cases filed. The defendant pleaded to three counts of grand theft and admitted an allegation that he took more than $500,000.

The cumulative loss attributed to Eugene’s conduct is $1,404,070. The 40-year-old defendant was acquitted of a single count of grand theft.

(more…)

December 2, 2011

MAN SENTENCED TO TWO YEARS IN PRISON FOR FAMILY SCHEME TO DEFRAUD OVER $140,000 IN PUBLIC ASSISTANCE BENEFITS

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 6:05 am

WESTMINSTER- A man was sentenced today to two years in state prison for his role in a family scheme to defraud multiple county agencies out of over $140,000 in public assistance benefits by lying and failing to report assets on aid applications. Hai Dien Luu, 49, Garden Grove, pleaded guilty to the court to one felony count of perjury, 11 felony counts of grand theft, and a sentencing enhancement for excessive taking over $100,000.

Luu’s ex-wife Hue Thi Chu, 37, Garden Grove, to whom he was married at the time of the crime, pleaded guilty Nov. 23, 2011, to a court offer to 15 felony counts of perjury, 11 felony counts of grand theft, and a sentencing enhancement for excessive taking over $100,000. She was sentenced to two years in state prison.

Chu’s niece, Lieu Thi Ha, 38, Westminster, pleaded guilty Nov. 23, 2011, to a court offer to 37 felony counts of perjury, 11 felony counts of grand theft, two felony counts of public assistance fraud, and a sentencing enhancement for excessive taking over $100,000. She was sentenced to two years and eight months in state prison.

All three defendants are collectively ordered to pay $140,000 in restitution.

Between June 2002 and February 2010, the defendants fraudulently applied for and received public assistance benefits by signing under penalty of perjury false income, asset, occupation, and homeowner information. The defendants fraudulently collected a total of over $140,000 in public assistance benefits by lying on aid applications for financial assistance with housing, cash, child care services, and food stamps through the Orange County Housing Authority (OCHA), Children’s Home Society of California (CHS), and Social Services Agency (SSA) of Orange County.

(more…)

Older Posts »

Powered by WordPress