The Sheriff's Blogger

JURY RECOMMENDS DEATH PENALTY FOR WHITE SUPREMACIST GANG MEMBER CONVICTED OF CONSPIRACY MURDER OF FELLOW GANG MEMBER WHO DIVULGED GANG SECRETS ON TV

October 29, 2009

The Orange County District Attorney's Office

SANTA ANA - A jury recommended the death penalty today for a white supremacist gang member convicted for his involvement in the 2002 gang conspiracy murder of a fellow gang member who divulged gang secrets on television. Billy Joe Johnson, 46, was found guilty Oct. 14, 2009, of one felony count each of murder, conspiracy to commit murder, and accessory after the fact. The sentencing enhancements for criminal street gang activity, the vicarious discharge of a firearm by a gang member causing death, murder by lying in wait, and murder committed for a criminal street gang purpose were found true. Johnson has three prior strike convictions for a 1983 residential burglary, 1989 robbery, and for beating an inmate in prison in 1995. He is currently serving a sentence of 45 years to life in prison for a 2006 conviction for a 2004 gang related murder.

Johnson was charged with this murder on Aug. 23, 2007, after the conviction of two previously charged co-defendants. He is scheduled to be formally sentenced Nov. 20, 2009, at 9:00 a.m. in Department C-35, Central Justice Center, Santa Ana.

Co-defendants Michael Allen Lamb, 35, and Jacob Anthony Rump, 34, (Case #03CF0441) were convicted by a jury on July 10, 2007, of murder, conspiracy to commit murder, committing murder for the benefit of a criminal street gang, two counts of possession of a firearm by a violent felon, two counts of possession of a firearm by a felon, carrying a firearm as an active gang member, two counts of street terrorism, and the attempted murder of a peace officer. The jury also found true the special circumstance of murder committed for the benefit of a criminal street gang and sentencing enhancements for criminal street gang activity, the personal discharge of a firearm causing death, and vicarious discharge of a firearm causing death as a gang member. On Oct. 5, 2007, Rump was sentenced to the maximum sentence, as sought by the People, of life without the possibility of parole. On June 11, 2008, a jury recommended that Lamb receive the death penalty. Lamb was sentenced Aug. 22, 2008, to death.

The Murder of Scott Miller

In February 2001, Fox 11 News profiled a violent white supremacist criminal street gang, focusing on a pending criminal case against known leaders of the gang who were on trial for conspiracy to commit murder. Scott Miller, a founding member of the gang, was featured in the broadcast, offending fellow gang members who felt he was airing "dirty laundry." While Miller's voice and face were disguised, his tattoos were visible and made it possible for fellow gang members to identify him.

On March 8, 2002, Miller was at a party in Costa Mesa with other members of his white supremacist gang. Johnson lured Miller from the party under the guise of purchasing drugs in Anaheim with the understanding that they would return to the party later. Johnson drove an unsuspecting Miller to an Anaheim apartment complex with the expectation that Lamb and Rump would be waiting there to murder the victim. Lamb and Rump were waiting in an alley and executed Miller by shooting him in the back of the head at close range with a 9mm firearm.

On March 11, 2002, Lamb and Rump became involved in a police car chase in Anaheim. They tried to flee from police, jumped from the moving vehicle, and ran off into an apartment complex. As the officers attempted to close in on them, the defendants fired a shot at police officers. Lamb and Rump surrendered after the gun they were firing jammed. The gun used to shoot at the officers was the same 9mm that was used to murder Miller three days earlier.

The Trial Against Lamb and Rump

During the murder trial against Lamb and Rump, Johnson lied on the stand by testifying that he had been the shooter in the murder of Miller. He lied in order to make himself a "martyr" for his gang by attempting to keep Lamb and Rump out of prison. In order to testify, Johnson was brought to Orange County from state prison, where he is serving time for an unrelated 2004 gang murder, where he repeatedly hit a man in the head with a hammer.

The Penalty Phase Against Johnson

During the penalty phase of the jury trial against Johnson, the defendant admitted to committing two additional murders to which he had not been previously connected. Without giving the names of the victims, Johnson admitted that he had killed one additional man while out of custody and one inmate while in custody. The defendant claimed that he directed violence toward gang members, rapists, "rats", and drug dealers.

Johnson testified that his victims brought their murders upon themselves and when asked if he had anything to say to Miller's mother, Johnson replied, "Sorry for your luck."

Senior Deputy District Attorney Ebrahim Baytieh of the Homicide Unit is prosecuting this case.

'Birther' Lawsuit Questioning President's Residency Dismissed

A federal judge has dismissed a lawsuit contending President Barack Obama was not born in the United States, and therefore not elgible to hold the nation's highest office.

Judge David O. Carter's ruling was issued this morning.

Here is a copy:

Download Birthers lawsuit - lawsuit dismissed

JUNIOR HIGH SCHOOL TEACHER TO BE ARRAIGNED FOR EXPOSING PENIS TO TWO WOMEN IN ORTHODONTIC OFFICE AND AT SCHOOL DISTRICT EVENT

October 29, 2009

The Orange County District Attorney's Office

NEWPORT BEACH - A junior high school music teacher will be arraigned today for exposing his penis to two women, an orthodontist's receptionist during his son's dental appointment and a fellow teacher at a school district event. Mark Gerard Petrash, 42, Lake Forest, is charged with two misdemeanor counts of indecent exposure and one misdemeanor count of false imprisonment. He faces a maximum sentence of two years in jail in convicted. The People will be requesting the defendant be taken into custody on $50,000 bail at his arraignment this morning, Thursday, Oct. 29, 2009, at 8:30 a.m. in Department H-8, Harbor Justice Center, Newport Beach.

On Aug. 24, 2009, Petrash is accused of taking his son to an orthodontist appointment. His son went in to see the orthodontist and Petrash waited in the empty reception room. While alone in the waiting room, the defendant is accused of standing up, pulling up his shorts, and exposing his penis to orthodontic receptionist Jane Doe #1 while holding it out the leg of his shorts.

Jane Doe #1 reported the incident to the Orange County Sheriff's Department (OCSD). Following an investigation, the Orange County District Attorney's Office charged Petrash with one misdemeanor count of indecent exposure. He was arrested by OCSD deputies on Oct. 1, 2009, at Serrano Intermediate School in Lake Forest. The defendant posted $10,000 bail, the standard bail for the charged crime, on Oct. 5, 2009. He was ordered to appear in court for an arraignment on Oct. 29, 2009.

After viewing the media coverage of the arrest of Petrash, Jane Doe #2, a teacher in the same school district as the defendant, came forward to police. On the night of May 8, 2009, Petrash is accused of attending a Saddleback Valley Unified School District event. He is accused of following Jane Doe #2 into a hotel restroom and entering her restroom stall. Petrash is accused of standing between the victim and the door and exposing and rubbing his penis. He is accused of putting his finger over his mouth, indicating that Jane Doe #2 should be quiet. The victim was able to escape from the restroom stall.

In addition to working at Serrano Intermediate School, Petrash has also worked at Mission Viejo High School. Anyone with additional information or who believes they have been a victim is encouraged to contact Supervising District Attorney Investigator Carl Waddell at (714) 834-7538.

Senior Deputy District Attorney Beth Carmichael is prosecuting this case.

HIGHEST OFFICIAL WITH INLAND EMPIRE INDIAN TRIBE SURRENDERS TO FEDERAL AUTHORITIES ON BRIBERY CHARGES

The chairman of the Soboba Band of Luiseno Indians surrendered this afternoon to federal agents after being indicted on federal charges of accepting a quarter million dollars in bribes from tribal vendors and concealing income from the IRS.

 

Robert Salgado Sr., 67, was arrested by special agents with the Federal Bureau of Investigation when he arrived at United States District Court in Riverside early this afternoon. Salgado agreed to surrender after being informed this morning that he had been charged in a 36-count indictment returned last week by a federal grand jury in Los Angeles. Salgado is expected to make his initial court appearance this afternoon in Riverside federal court.

 

The indictment charges Salgado with conspiring to solicit and accept tens of thousands of dollars in bribes from four vendors in exchange for them obtaining contracts with the tribe or being allowed to keep existing contracts. According to the indictment, the four vendors paid bribes to Salgado in the form of cash, payments made to his creditors and checks payable to a company that Salgado had established.

 

One of the vendors, Abbas Shilleh, the owner of California Parking Services, Inc., which provides valet parking at the Soboba Casino, is named in two of the bribery counts in the indictment. Shilleh, 46, of Diamond Bar, today agreed to surrender to authorities on Monday morning.

 

As the elected chairman of the Tribal Council of the Soboba Band of Luiseno Indians, Salgado exercised substantial influence over the business dealings of the tribe, and he had the authority to sign contracts on behalf of the Soboba Band. The indictment alleges that the four vendors who paid bribes were involved in real estate purchases made by the tribe, had construction projects at the Soboba Casino and on the reservation, and provided services at the casino. The indictment includes 29 counts of bribery that outline payments totaling just over $250,000.

 

Salgado is also charged with six counts of filing false tax returns for the years 2001 through 2006, with each count alleging that his true income was “substantially in excess” of the figures reported to the Internal Revenue Service.

 

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.

 

The conspiracy charge in the indictment carries a statutory maximum penalty of five years in federal prison. Each bribery count has a statutory maximum sentence of 10 years in prison. Each of the tax charges has a statutory maximum penalty of three years in prison.

 

This case was investigated by the Federal Bureau of Investigation and IRS-Criminal Investigation.

Download Soboba bribes - indictment

Download Soboba bribes.125

GOVERNMENT FILES SEVEN LAWSUITS NATIONWIDE TO BLOCK ALLEGED SCHEME INVOLVING FRAUDULENT TAX-REFUND CLAIMS

US Department of Justice

  

The United States this week filed civil injunction lawsuits against seven individuals who allegedly prepared false tax returns, the Justice Department announced today.  The federal suits – three of which were filed yesterday in federal court in Los Angeles – allege that the defendants promoted tax fraud schemes designed to siphon hundreds of millions of dollars from the U.S. Treasury through fraudulent tax refund claims.

Papers filed in the cases say the defendants prepared tax returns requesting a total of $562.4 million in bogus refunds. One defendant – Dick Jenkins, of Heber City, Utah – allegedly holds himself out as a CPA and requested a $210 million fraudulent refund for one customer. The Internal Revenue Service (IRS) catches the vast majority of the bogus tax returns and blocks the claimed refunds.

Under the tax fraud scheme, known as the “redemption” or “OID redemption” scheme, participants file a series of false IRS forms, including tax returns, amended returns, and Forms 1099 (including Form 1099-OID) or Forms W-2, to request fraudulent tax refunds based on phony claims of large income tax withholding.  According to papers filed in these cases and earlier cases against other alleged scheme promoters, redemption scheme promoters are tax defiers who falsely tell customers that the federal government maintains “secret” accounts of money for its citizens.  Promoters claim to be able to help customers access the secret funds by filing the false IRS forms.

Altogether, according to the IRS, redemption scheme participants (including customers of the defendants in the seven lawsuits filed this week) have requested a total of $3.3 trillion in fraudulent refunds.

“The scope of the misconduct alleged in these lawsuits is staggering,” said John A. DiCicco, Acting Assistant Attorney General for the Justice Department’s Tax Division. “The IRS and Justice Department are working together closely to ensure that those who promote or participate in this large-scale attempted raid on the Treasury face all appropriate civil and criminal sanctions.  Anyone who participates in this scheme can expect to not get the claimed refund, face very large civil penalties (up to 20 percent of the false claim), and where appropriate, face criminal prosecution with possible substantial prison sentences if convicted.”  

The Justice Department has previously brought other injunction suits to shut down redemption scheme promoters.  A federal court in Sacramento found that tax preparer Teresa Marty had been using the same scheme to claim bogus refunds for her customers, and preliminarily barredher from preparing tax returns for others.  In Los Angeles last month, the Government suedGlendora resident Nyla McIntyre and her company, Approved Financial Services Inc., to permanently bar them from preparing tax returns for others.

The cases filed this week are:

United States v. Susan Guan (of Torrance) - $4.5 million

United States v. Jacqueline Cornejo (of Los Angeles) - $12.1 million

United States v. Thanh Cao (of Rancho Santa Magarita) - $34 million   

United States v. Evelyn Johnston, et al. - Panama City, Florida - $17.5 million

United States v. Dick Jenkins - Salt Lake City, Utah - $393 million

United States v. Penny Jones - Pocatello, Idaho - $93 million

United States v. Karen Miller - Nashville, Tennessee - $8.3 million

The Tax Division also prosecutes criminal cases involving the redemption scheme and other schemes involving fraudulent uses of IRS forms, including Forms 1099.   These prosecutions often result in significant prison sentences.  In May 2009 in the Southern District of Florida, Willie Bernard Cameron was sentencedto 60 months in prison for filing a false $2.9 million refund claim based on a fictitious Form 1099-OID.  At the sentencing hearing, Cameron espoused tax-defier positions, including sovereignty and redemption.  Other successful prosecutions have involved the use of fraudulent Forms 1099 to harass federal and state officials.  In May 2009 in the Northern District of Ohio, Jeanne Herrington was sentencedto 96 months in prison for conspiracy to defraud the IRS and for retaliating against federal prosecutors by filing false Forms 1099 in their names.  In May 2009 in the Central District of California, Giancarlo Pertile was sentencedto 60 months incarceration and fined $75,000.   Evidence at sentencing showed that, after his indictment for tax evasion, Pertile filed Forms 1099-OID against the judge and others.

In the past decade, the Justice Department’s Tax Division has obtained more than 430 injunctions against tax fraud promoters and dishonest tax return preparers. Information about these cases is available on the Justice Department’s Web site.

FORMER ORANGE COUNTY RESIDENT CHARGED WITH STEALING $6,500 IN PUBLIC ASSISTANCE BY FRAUDULENTLY OBTAINING AID FOR WHICH SHE WAS INELIGIBLE

October 28, 2009

The Orange County District Attorney's Office

SANTA ANA - A former Orange County woman has been charged with stealing $6,500 in public assistance fraud by cheating the system after moving out of the County and continuing to receive aid illegally. The Orange County District Attorney (OCDA) is requesting the public's help related to various other frauds as a result of the ongoing investigation. Jaelyne Jacsen, 48, is charged with four felony counts of perjury by false application for aid and one felony count of receiving aid by misrepresentation. She faces a maximum sentence of five years and eight months in state prison if convicted on these counts. Jacsen is being held on $100,000 bail and must prove the money is from a legal and legitimate source before posting bail. She is scheduled to be arraigned Friday, Oct. 30, 2009, at 8:30 a.m. in Department CJ-1, Central Jail, Santa Ana.

In October 2007, Jacsen is accused of applying for Orange County public assistance while living in Lake Forest. The defendant qualified for a State program called "Safe at Home", where she could maintain a confidential address when receiving public financial aid. Jacsen is accused of using an Orange County post office box for correspondence related to her public assistance.

Between July 1, 2008, and Jan. 31, 2009, Jacsen is accused of fraudulently collecting $6,500 in Orange County public assistance, despite having moved to Riverside and San Bernardino County. Jacsen is accused of abusing the Safe at Home system and committing public assistance fraud by receiving funds, despite not qualifying for aid because she no longer lived in the County. She is accused of committing perjury by completing quarterly documents, which are required by the State for anyone receiving public assistance, stating that her address had not changed in order to continue receiving checks.

In December 2008, the OCDA began investigating Jacsen. OCDA Investigators, with assistance from the San Bernardino Sheriff's Department, arrested Jacsen outside of her Victorville home yesterday, Oct. 27, 2009.

At the defendant's home, a 22-year-old fugitive was found hiding in a bedroom closet. The fugitive, Jaycen Harold McCullen, had been living with Jacsen and had a probation violation warrant for his arrest out of Orange County stemming from a 2006 robbery (06HF0402).

Jacsen is accused of allowing McCullen to live in her home and share a room with her 15-year-old daughter, whom McCullen fathered a child with, now 2 months old. Jacsen's 6-year-old grandson, 15-year-old daughter, and her 2-month-old baby were taken into protective custody in San Bernardino County. Additionally, seven dogs, six cats, and two hamsters were impounded from the home.

McCullen was arrested on the probation violation and is scheduled to be arraigned Nov. 9, 2009, at 8:30 a.m. in Department C-58, Central Justice Center, Santa Ana. He is being held without bail.

Request for Help from the Public

As a result of evidence found in Jacsen's home, the OCDA is asking for the public's help and is seeking any additional information related to potential crimes committed by Jacsen including real estate fraud, identity theft, forging public or government documents, aiding and abetting a fugitive, housing public assistance fraud, or the unlawful sexual relationship between Jacsen's daughter and McCullen.

Jacsen is known to use aliases including Joyalynn Davis, Joya Daaliymple, and Joyalynn Darlrymple. She is a licensed escrow agent and notary and has recently lived in Lake Elsinore, Menifee, San Jacinto, Hemet, and Victorville. She is/has been a student at California State University, Fullerton, and has lectured at the school on the topic of domestic violence.

The investigation is ongoing. Anyone with additional information is encouraged to contact Supervising District Attorney Investigator John Harkins at (714) 664-3940. Deputy District Attorney Janice Chieffo of the Public Assistance Fraud Unit is prosecuting this case.

INDICTED GANG MEMBER FACES TRIAL FOR MURDERING ONE MAN AND SHOOTING TWO OTHERS IN 2000 AT HOUSE PARTY

October 28, 2009

The Orange County District Attorney's Office

SANTA ANA - An indicted gang member faces trial today for murdering one man and shooting two others at a backyard house party in 2000. The indictment against Edward Ayache, 26, and five co-defendant gang members includes one felony count of special circumstances murder for the benefit of a criminal street gang, two felony counts of attempted murder, one felony count of street terrorism, and sentencing enhancements for criminal street gang activity and the vicarious discharge of a firearm causing death as a gang member.

If convicted on all counts, each of the six defendants faces a maximum sentence of life in prison without the possibility of parole. The defendants are being held without bail. Opening statements against Ayache are expected to begin this morning, Wednesday, Oct. 28, 2009, at 9:00 a.m. in Department C-40, Central Justice Center, Santa Ana.

Defendants

Ayache and Steve Morales, 26, Orange, were indicted on Jan. 29, 2009. Ayache was in custody at the time of his indictment after being arrested in Cypress on Jan. 9, 2009, for an unrelated case of one felony count of possession of a firearm by a felon, an additional felony count of street terrorism, and one misdemeanor count of resisting and obstructing an officer. Morales was arrested Feb. 5, 2009, and is scheduled for a pre-trial trial setting conference on Feb. 26. 2010, in Department C-40.

Four additional co-defendants were indicted on May 29, 2009. Johnny Losoya, 31, was indicted as a fugitive and was brought back to Orange County in July 2009 after being arrested in Roswell, NM, for domestic disturbance on June 19, 2009. Daran Gudehus, 35, Soquel, Santa Cruz County, was arrested March 5, 2009. Daniel Cervantes, 25, Buena Park, was arrested March 17, 2009. Gilbert Montijo, 27, formerly of Anaheim, was in custody on an unrelated case at the time of the indictment and was transported to Orange County from state prison. All four are scheduled for a pre-trial hearing on Nov. 20, 2009, in Department C-40.

Circumstances of the Case

At approximately 11:00 pm. on Nov. 18, 2000, the defendants went to a backyard birthday party at a house located at 8127 Stanford Avenue in Garden Grove. The defendants were not closely associated with anyone at the party. Shortly after arriving, the defendants are accused of starting a verbal argument with several people affiliated with other gangs at the party after yelling out the name of their Anaheim criminal street gang and displaying gang hand signs.

The argument escalated into a physical fight and the defendants are accused of shooting and murdering victim Michael Olvera, 19, at close range after knocking him to the ground. The victim was shot one time in the leg and three times in the back.

After shooting Olvera, the defendants are accused of firing into the crowded party. Victim Filipe Ochoa, then-20, was shot in the arm. The defendants are accused of fleeing the scene. As victim Manny Estrada, then-21, attempted to chase after them into the front yard, the defendants are accused of shooting at him, hitting Estrada in the arm.

The Garden Grove Police Department (GGPD) arrived at the scene and put out a County-wide police radio description on the defendants' light colored sport utility vehicle. Olvera, who was unconscious after being shot four times, was transported to a Garden Grove hospital. He never regained consciousness and died three days later. Ochoa and Estrada were transported to the hospital to be treated for their gunshot wounds and later released. Defendant Morales, claiming to be a victim, went to the hospital that night to be treated for a gunshot wound to the hand.

In 2002, investigators from the Orange County District Attorney's Office (OCDA) learned that defendant Morales had been arrested in Buena Park in December 2000, one month after the murder of Olvera, for possession of a firearm and methamphetamine. Defendant Cervantes was also arrested with Morales. Ballistics testing in April 2002 on the gun seized during Morales' December 2000 arrest was linked to the gun used in the murder of Olvera.

In June 2002, all of the current defendants were arrested for the murder, with exception to Gudehus, whose whereabouts were unknown at the time. Due to a lack of corroborative evidence at the time, a criminal case was not filed.

In February 2007, the OCDA and GGPD began re-investigating the case after uncovering new witnesses and evidence identifying the defendants as the shooters at the party.

Senior Deputy District Attorney Jim Mendelson of the Gang Unit is prosecuting this case.

SUBSTITUTE HIGH SCHOOL TEACHER TO BE ARRAIGNED FOR SEXUALLY ASSAULTING FEMALE STUDENT IN EMPTY CLASSROOM AND INAPPROPRIATELY GRABBING A SECOND VICTIM

October 27, 2009

The Orange County District Attorney's Office

FULLERTON - A substitute high school teacher will be arraigned today on charges of sexually assaulting a 16-year-old student after requesting she stay after class and inappropriately grabbing a second student after passing her sexual notes while teaching. Marc Alan Silberman, 27, Anaheim, is charged with one felony count of sexual penetration by foreign object of a minor and one misdemeanor count of child annoyance. If convicted, he faces a maximum sentence of three years in state prison. Silberman is being held on $100,000 bail and is scheduled to be arraigned today, Tuesday, Oct. 27, 2009, at 1:30 p.m. at the North Justice Center in Fullerton. The Department is to be determined.

On Oct. 9, 2009, while teaching a class as a substitute teacher at Savanna High School in Anaheim, Silberman is accused of passing inappropriate sexual notes to Jane Doe #2, 17, and grabbing her around her waist.

On Oct. 22, 2009, while teaching a class at the same high school, Silberman is accused of engaging Jane Doe #1, 16, in an inappropriate sexual conversation during class and requesting that the victim remain after the class ended. Once the other students had left the room, Silberman is accused of digitally penetrating the victim in the vacant classroom.

Jane Doe #1 and Jane Doe #2 independently reported the child annoyance and sexual assault to the Anaheim Police Department on Oct. 23, 2009.

Anyone with additional information or who believes they have been a victim is encouraged to contact Supervising District Attorney Investigator Tim Craig at (714) 347-8558 or Anaheim Police Detectives at (714) 765-1623.

Deputy District Attorney Nikki Buracchio of the Sexual Assault Unit is prosecuting this case.

DRUNKEN FREEWAY DRIVER CONVICTED OF CRASHING CAR INTO TWO MEN, KILLING ONE, WHILE THEY WERE CHANGING A TIRE

October 26, 2009

The Orange County District Attorney's Office

SANTA ANA - A drunken driver was convicted today of killing one man and injuring another by crashing his car into the victims as they attempted to change a tire on the freeway shoulder. Felipe Navarro Orona, 45, Garden Grove, pleaded guilty to the court to one felony count of vehicular manslaughter with gross negligence while intoxicated with a sentencing enhancement for causing great bodily injury. He faces a maximum sentence of 13 years in state prison at his sentencing on Nov. 16, 2009, at 1:45 p.m. in Department C-5, Central Justice Center, Santa Ana. The defendant is out of custody on $120,000 bail pending sentencing.

At approximately 3:00 a.m. on April 18, 2009, Orona was driving while under the influence of alcohol southbound on Interstate 5 near Harbor Boulevard in his Ford truck. The defendant was driving on the right shoulder of the freeway and failed to see and avoid two men, Jose Castellanos and Joe Rodriguez, who were changing a car tire. As Orona attempted to take the Harbor Boulevard off-ramp, he crashed his car into the two victims at approximately 55 mph.

Castellanos, 23, died at the scene due to blunt force trauma to his head, body, and legs. Rodriguez, 21, was transported to the hospital and suffered fractures to his skull, jaw, and sinus.

When contacted by police at the scene, Orona displayed objective signs of intoxication including slurred speech, bloodshot and watery eyes, and omitting an odor of alcohol. Two hours after the crash, the defendant had a blood alcohol level of .15 percent.

Deputy District Attorney Jason Baez of the Homicide Unit is prosecuting this case.

CAREGIVER SENTENCED TO FIVE YEARS IN PRISON FOR STEALING OVER $315,000 FROM 92-YEAR-OLD WOMAN BY STEALING DEBIT CARD AND FORGING CHECKS

October 26, 2009

The Orange County District Attorney's Office

NEWPORT BEACH- A caregiver was sentenced today to five years in state prison for stealing more than $315,000 from a 92-year-old woman by stealing the victim's debit card and forging checks from the victim's account. Susana Duran, 38, Tijuana, Mexico, pleaded guilty to one felony count of financial elder abuse by a caregiver and a sentencing enhancement for fraud over $250,000. In addition to the five year prison sentence, Duran is ordered to pay $315,000 in restitution. The victim will receive over $50,000 immediately from $34,000 in bank account assets seized from Duran and an additional $17,000 in cash found on the defendant at the time of her arrest.

Beginning in January 2008, Duran worked as an in-home caregiver for 92-year-old Jane Doe. The defendant commuted daily from her home in Mexico to the victim's Laguna Woods home, working shifts up to 24 hours at a time. Duran stole the victim's bank debit card and personal identification number without Jane Doe's knowledge, made multiple daily cash withdrawals of $500 at a time, and used the victim's debit card to make purchases including gasoline and a computer.

Duran wrote 24 checks to herself and her husband totaling over $137,000 from the victim's check book and forged Jane Doe's signature without her consent. The defendant stole a total of more than $315,000 from Jane Doe.

Jane Doe discovered the theft after Duran called in sick one day and another caregiver showed the victim a bank statement, which arrived that day in the mail. Duran was arrested Oct. 6, 2009, by the Orange County Sheriff's Department (OCSD) when she arrived for work at Jane Doe's home. At the time of her arrest, Duran had $17,000 cash in her possession.

Deputy District Attorney Marc Labreche of the Major Fraud Unit prosecuted this case.