The Sheriff's Blogger

ORANGE COUNTY DISTRICT ATTORNEY SEEKS PUBLIC'S HELP IN IDENTIFYING POTENTIAL NEW VICTIMS OF DRIVING INSTRUCTOR CHARGED WITH CHILD ANNOYANCE

February 26, 2010

Orange County District Attorneys Office

NEWPORT BEACH - The Orange County District Attorney's Office is seeking the public's help in identifying potential additional victims of a driving instructor who is charged with making inappropriate sexual comments to two underage girls. Gholamreza Namdari, 55, Foothill Ranch, was charged late yesterday with two misdemeanor counts of child annoyance. If convicted, Namdari faces a maximum sentence of two years in jail. He is scheduled to be arraigned March 15, 2010, in Harbor Justice Center, Newport Beach. The time and department are to be determined.

Child Annoyance of Jane Doe #1
On the afternoon of July 23, 2009, 16-year-old Jane Doe #1 arrived at her driving school in Laguna Hills to take lessons from Namdari. During the lesson, Namdari is accused of making several inappropriate statements to the victim about her appearance.

On the afternoon of July 27, 2009, during the driving lesson and after they arrived at the Department of Motor Vehicles (DMV) office on Moulton Parkway in Irvine, Namdari is accused of asking sexual questions about Jane Doe #1. The defendant is accused of instructing Jane Doe #1 where to drive and asking her to park the car in front of his house. He is accused of asking the victim if she wanted to go inside his home. After Jane Doe #1 refused and they drove away, Namdari is accused of touching the victim's leg.

On Aug. 5, 2009, Namdari is accused of leaving Jane Doe #1 two messages with inappropriate sexual comments on her cellular phone. Five days later, Jane Doe #1 reported the incidents to the Irvine Police Department.

Child Annoyance of Jane Doe #2
On the afternoon of July 23, 2009, Namdari is accused of taking pictures of himself and 15-year-old Jane Doe #2 during her lesson while she was driving. He is accused of making inappropriate statements about her appearance.

On July 26, 2009, during Jane Doe #2's second lesson, Namdari is accused of asking inappropriate sexual questions to the victim. He is accused of instructing Jane Doe #2 to drive to his house and asking her if she wanted to go inside. Jane Doe #2 told her mother what had happened and reported the incidents to the Orange County Sheriff's Department.

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.

Deputy District Attorney Caroline Smith is prosecuting this case.

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Orange County DA Office: FAKE PROPERTY OWNER SENTENCED TO TWO YEARS STATE PRISON FOR CLAIMING TO OWN TWO COMMERCIAL PROPERTIES AND FRAUDULENTLY ATTEMPTING TO SELL NIGHTCLUB AND ADJACENT RESTAURANT FOR $11 MILLION

Orange County District Attorney's Office

FULLERTON - A man was sentenced today to two years in state prison for claiming to own two commercial properties, and fraudulently attempting to sell one in Anaheim for $11 million by falsely claiming to be the property owner. Danny Lee Kirkey, 40, pleaded guilty to the court Jan. 15, 2010, to four felony counts of recording a false document with the county clerk-recorder, five felony counts of forgery, and one felony count of attempted grand theft with a sentencing enhancement for property loss over $3.2 million. He was sentenced today to a court offer of two years in state prison. A restitution hearing has been scheduled for June 25, 2010, at 9:00 a.m. in Department N-13, North Justice Center, Fullerton.

On July 8, 2008, and Oct. 15, 2008, Kirkey filed three false documents with the Orange County Clerk-Recorder's Office to falsely show that he owned an Anaheim property. Two buildings existed on the property, located at 1721 South Manchester Avenue, including the now-closed Boogie Nightclub and Flakey Jake's restaurant. The defendant is not the owner and has no known ties to the property.

On Oct. 20, 2008, Kirkey filed a false and forged document with the Orange County Clerk-Recorder's Office to falsely show that he owned a La Habra commercial property. A Target Department Store presently exists on that property, located at 1000 East Imperial Highway.

On Sept. 12, 2008, Kirkey met with commercial real estate brokers with the intention of listing the Anaheim property for $11 million. He gave the brokers two forged documents for the listing, one of which he had altered to show he was rightful owner of the property after it had been notarized, and the other which he forged the true owner's initials ceding the property to him. The brokers, who became suspicious of Kirkey when he lacked relevant real estate knowledge, did not list the property and contacted the true owner.

Without the knowledge of the commercial brokerage company, Kirkey listed the property online for $16 million. He identified the commercial real estate company by name as the listing agency, but misspelled the company and agent's name.

Senior Deputy District Attorney Pete Pierce of the White Collar Crime Team is prosecuting this case.

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ROOFING CONTRACTOR CONVICTED OF INSURANCE FRAUD AND FAILING TO PAY TAXES AFTER WORKER FALLS FROM ROOF

Orange County District Attorney's Office

SANTA ANA - A roofing contractor was convicted today of failing to provide workers' compensation insurance for an injured employee who fell from a roof and failing to pay insurance premiums for unclaimed employees, who were paid in cash. Michael Amzie Holley, 41, Murrieta, pleaded guilty to a court offer to two felony counts of perjury by declaration, two felony counts of recording false and forged instruments, one felony count of misrepresenting facts to the State Compensation Insurance Fund (SCIF), seven felony counts of making a fraudulent statement, one felony count of presenting a fraudulent material statement to obtain compensation, one felony count of making a false statement to discourage an injured worker from claiming benefits, one felony count of willfully failing to pay taxes, and one felony count of failing to file a return with the intent to evade taxes. Holley also faces a sentencing enhancement for aggravated white collar crime over $500,000.

The maximum possible sentence for these charges is 21 years and eight months in state prison. Based on the court offer, Holley is expected to be sentenced to a maximum of three years in state prison plus restitution at his sentencing on June 25, 2010, at 9:00 a.m. in Department C-43, Central Justice Center, Santa Ana.

Holley is a roofing contractor and owner of So Cal Roofing. The defendant purchased a minimum workers' compensation policy from SCIF and failed to state that he employed subcontractors, paid workers in cash, hired unlicensed employees, and leased employees from other companies. Holley paid his employees in cash to hide the fact that So Cal Roofing had workers. He received the insurance based on his false declaration, and entered into a contract requiring SCIF to cover all workers employed by Holley, even those employees unknown to the insurance company. Holley submitted inaccurate payroll reports to SCIF, resulting in underpayment of insurance premiums. To hide the fraud, Holley failed to file an accurate tax return to avoid paying taxes to the State on the cash payments made to his employees.

On March 18, 2003, one of Holley's employees was injured when he fell off a roof, and subsequently filed a worker's compensation insurance claim. Holley denied that the injured employee worked for him, thus denying the injured employee his workers' compensation insurance benefits. On Feb. 24, 2004 and March 2, 2005, Holley fraudulently signed under penalty of perjury that he had no employees at So Cal Roofing and filed these documents with the California State Contractor's Licensing Board to make him exempt from securing worker's compensation insurance.

Deputy District Attorney Debbie Jackson of the Insurance Fraud Unit is prosecuting this case.

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TRANSIENT CHARGED WITH ARSON FOR SETTING FIVE DUMPSTER FIRES IN SANTA ANA

February, 24, 2010

Orange County District Attorney's Office

 SANTA ANA - A transient has been charged with setting five fires on three occasions in dumpsters located behind a Santa Ana retailer and fast food chain. Tommy Wayne Burke, 40, is charged with five felony counts of arson of another's property and has a 1990 prior strike conviction for second degree robbery. Burke faces a maximum sentence of 16 years and four months in state prison if convicted. The People will be requesting $250,000 bail at his arraignment tomorrow, Thursday, Feb. 25, 2010, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

At approximately 11:00 p.m. on Feb. 11, 2010, Burke is accused of setting two fires in dumpsters located behind a Ross store on South Bristol Street in Santa Ana. One week later, on Feb. 18, 2010, Burke is accused of returning to the same location at the same time and again setting two fires in dumpsters behind the store. The defendant is accused of fleeing the scene in both instances. These arsons were captured by video surveillance.

At approximately 1:20 a.m. on Feb. 23, 2010, Burke is accused of setting a fire in a dumpster behind a KFC fast food restaurant. Responding officers from the Santa Ana Police Department observed and arrested the defendant walking away from the scene. At the time of his arrest, Burke is accused of being in possession of a lighter.

The investigation is ongoing. Anyone with additional information is encouraged to contact Supervising District Attorney Investigator Anthony Sosnowski at (714) 347-8814. Deputy District Attorney Andrew Katz of the Special Prosecutions Unit is prosecuting this case.

GARDENA TAX RETURN PREPARER WHO HELPED CLIENTS AVOID $2.7 MILLION IN TAXES SENTENCED TO SIX YEARS IN PRISON

US Department of Justice

    LOS ANGELES - A Gardena tax return preparer who falsely told clients that he had been employed by the Internal Revenue Service and prepared hundreds of federal tax returns with inflated deductions was sentenced this morning to six years in federal prison in the scheme that cost the government more than $2.7 million.

    James Otis Swift, 62, who is currently in custody after being convicted in an unrelated case, was sentenced by United States District Judge S. James Otero.

    In September, Swift pleaded guilty to two felony tax offenses, admitting that he prepared hundreds of false income tax returns for the tax years 2002 through 2007. The tax returns were fraudulent because they contained inflated deductions for charitable contributions, business expenses, personal property taxes, and home mortgage interest payments. In his plea agreement, Swift specifically admitted that he inflated deductions for home mortgage interest, which his clients claimed on their tax returns, by more than $12.5 million. As a result of the false returns, Swift caused the federal government to incur a loss of more than $2,762,141, excluding interest and penalties. Prosecutors noted in court documents that this number is extremely conservative for a number of reasons, one being that the figure only includes the federal tax loss, not the losses suffered by the State of California.

    When some of Swift's clients received audit notices from the IRS, Swift assisted his clients in evading the payment of their tax liability and in obstructing the audits by fabricating false charitable contribution letters and Forms 1098, which detailed mortgage interest paid.

    The investigation of Swift was conducted by IRS-Criminal Investigation's Los Angeles Field Office.

FORMER HOSPITAL EXECUTIVE SENTENCED TO 37 MONTHS FOR PAYING KICKBACKS IN ‘SKID ROW’ HEALTH CARE FRAUD SCHEME

US Department of Justice

    LOS ANGELES – The former co-owner of City of Angels Medical Center was sentenced today to 37 months in federal prison for paying illegal kickbacks for referrals of “patients” who were recruited from Los Angeles’ “Skid Row.”

    Robert Bourseau, 75, who maintains residences in Rancho Mirage and downtown Los Angeles, was sentenced by United States District Judge George H. King. Bourseau, who was chairman of the board of the now-defunct City of Angels, also was ordered to pay $4.1 million in restitution for his role in the scheme that defrauded Medicare and Medi-Cal by recruiting homeless persons from Skid Row for unnecessary medical services.

    During today’s sentencing hearing, Judge King said that Bourseau’s conduct was “extraordinarily serious” and that kickback schemes tend to “degrade the health care system all because of greed and money.” Judge King added: “Society must know that those who abuse the health care system must answer for that conduct in court.”

    Bourseau and Dante Nicholson, a former senior vice president at City of Angels, were indicted in January 2009 by a federal grand jury. Also named in the indictment was Intercare Health Systems, Inc., the company through which Bourseau and his partner, Rudra Sabaratnam, operated City of Angels. The 12-count indictment alleges that Intercare, Bourseau, Nicholson and others conspired to recruit homeless people to receive unnecessary health services for the purpose of committing health care fraud.

    When he pleaded guilty in June, Bourseau admitted that he schemed to pay Estill Mitts and others to refer homeless Medicare and Medi-Cal beneficiaries to City of Angels for in-patient hospital stays. City of Angels entered into sham contracts intended to conceal the illegal kickbacks paid to Mitts, and billed Medicare and Medi-Cal for in-patient services to the recruited homeless beneficiaries, including those for whom hospitalization was not medically necessary.

    In December 2008, Sabaratnam, 65, a physician who resides in Brentwood, pleaded guilty to paying illegal kickbacks for patient referrals, and he is scheduled to be sentenced on April 5. In late January, Bourseau and Sabaratnam agreed to pay the United States $10 million to resolve a civil lawsuit that they defrauded Medicare and Medi-Cal. In March 2009, Nicholson pleaded guilty to paying kickbacks for patient referrals, and he is scheduled to be sentenced on June 14.

    Mitts, 64, of Los Angeles, who operated a center that recruited homeless people to receive unnecessary health services, pleaded guilty in September 2008 to conspiracy to commit health care fraud, money laundering, and tax evasion, and he is scheduled to be sentenced on June 21.

    In a related case, Vincent Rubio 49, of Los Angeles, the former chief financial officer of Tustin Hospital and Medical Center, has agreed to plead guilty to paying illegal kickbacks for patients who were recruited from “Skid Row.” Rubio is scheduled to make his first court appearance in that case next Monday.

    These cases are part of an ongoing investigation being conducted by the U.S. Department of Health and Human Services, Office of Inspector General; the Federal Bureau of Investigation; IRS-Criminal Investigation Division; the California Department of Justice Bureau of Medi-Cal Fraud and Elder Abuse; and the Health and Law Enforcement Team (HALT), a multi-agency task force which is operated by the Los Angeles County Health Department.

    Anyone with information that could assist the ongoing investigation is encouraged to contact investigators with the Department of Health and Human Services by calling 1-800-HHS-TIPS, or emailing [email protected].

43-YEAR-OLD SON TO BE ARRAIGNED FOR ATTEMPTING TO MURDER HIS FATHER BY STABBING HIM IN THE FACE AND MOUTH AFTER FINDING OUT THE VICTIM WAS CUTTING HIM OFF FINANCIALLY

February 18, 2010

Orange County District Attorney's Office

SANTA ANA - A 43-year-old son is to be arraigned for attempting to murder his father by stabbing him several times in the face and mouth after learning that the victim was cutting him off financially. Milorad Teodor Olic, Santa Ana, is charged with one felony count of attempted murder and one felony count of elder abuse with sentencing enhancements for causing great bodily injury to an elder and personal use of a deadly weapon. If convicted, Olic faces a maximum sentence of life in state prison. The people will be requesting that the defendant is being held on $1 million bail at his arraignment tomorrow, Feb. 19, 2010, at 10:00 a.m. in Department CJ1, Central Jail Court, Santa Ana.

At approximately 2:15 p.m., on Feb. 15, 2010, Olic is accused of getting into an argument while driving with his father, 80-year-old John Doe, as they were looking for an apartment for the defendant. John Doe had been financially supporting the victim for the past 18 years. The defendant is accused arguing with victim after being told by John Doe that he would no longer financially support him. Olic is accused of getting out of the car and stabbing the victim several times in the face and inside mouth. The defendant is accused of fleeing the scene on foot. John Doe was able to get out the car and get help. The victim was transported to a hospital to be treated for his stab wounds and remains in critical condition. Later that day, Olic was arrested by Santa Ana police outside of his apartment complex.

The investigation is ongoing. Anyone with additional information is encouraged to call Supervising District Attorney Investigator Jamie Joyce at (714) 347-8560.

Deputy District Attorney Barrie Pink of the Family Protection Unit is prosecuting this case.

JEWELRY STORE OWNER CONVICTED OF SEXUALLY ASSAULTING 18-YEAR-OLD WOMAN IN HIS STORE

February 22, 2010

Orange County District Attorney's Office

SANTA ANA - A jewelry store owner was convicted today of sexually assaulting an 18-year-old female customer while she was shopping for a gift for her mother. Fereydoun Ghavami, 57, pleaded guilty to one felony count of sexual battery. He was sentenced to one year in jail, five years of formal probation, and is required to register as a sex offender.

On Oct. 17, 2008, 18-year-old Jane Doe went to Royal Fine Jewelry at 23016 Lake Forest Drive, Suite D, in Laguna Hills to buy a necklace for her mother. While Jane Doe was in the store trying on necklaces, Ghavami offered to give the victim a free belly chain. The defendant approached the victim, put his hands around her waist as if to put the belly chain on her, and then put his hands down her pants.

After leaving the store, the victim told her family about the sexual assault. Her family advised her to call the police. Ghavami previously owned Royal Jewelers at 32411 Golden Lantern Street in Dana Point.

Deputy District Attorney Tony Ferrentino of the Sexual Assault Unit prosecuted this case.

Brown Warns Homeowners to Avoid Forensic Loan Audits

California Attorney General's Office

Los Angeles-Attorney General Edmund G. Brown Jr. today joined the California Department of Real Estate (DRE) and the State Bar of California in warning Californians to avoid forensic loan audits, the loan-modification industry's latest "phony foreclosure-relief service," in which homeowners pay up-front fees for a forensic review of their lender's practices, but are provided no actual foreclosure relief.

"Forensic loan audits are yet another phony foreclosure-relief service hawked by loan-modification consultants trying to cash in on the desperation of homeowners facing foreclosure," Brown said. "The foreclosure-relief industry continues to be long on promises, but short on results."

Individuals and businesses who offer forensic loan audits use inflated and misleading claims to convince homeowners to pay up-front fees for services that produce no actual foreclosure relief. Homeowners are encouraged to pay for an audit of their mortgage loan file to determine their lender's compliance with state and federal mortgage-lending laws. This audit is pitched to homeowners as a tool they can use to gain leverage and speed up the loan-modification process.

In truth, there is no evidence or statistical data to support claims that forensic loan audits-even if performed by a licensed, legitimate and trained auditor, mortgage professional or lawyer-will help homeowners obtain loan modifications or provide any other foreclosure relief.

"The State Bar is committed to dealing with all aspects of loan foreclosure fraud involving attorneys," said State Bar President Howard Miller. "We will continue to work with all the other government agencies to prevent fraud and to move for disciplinary sanctions against attorneys who violate their obligations to their clients."

By law, all individuals and businesses offering mortgage-foreclosure consulting, loan-modification and foreclosure-assistance services must register with Brown's office and post a $100,000 bond. It is also illegal for loan-modification consultants and businesses to charge up-front fees for their services.

Brown has sought court orders to shut down more than 30 fraudulent foreclosure-relief companies and has brought criminal charges and obtained lengthy prison sentences for dozens of deceptive loan-modification consultants.

In 2009, the DRE investigated more than 2,000 complaints involving loan-modification scams. Nearly 350 individuals and companies received a Desist and Refrain Order to stop illegal activity.

"The DRE has aggressively pursued loan-modification scammers who prey on vulnerable and financially stressed homeowners, and those peddling false hope by promising mortgage relief with a forensic audit will be scrutinized," stated Real Estate Commissioner Jeff Davi. "With consumer education efforts and warnings, we hope to keep consumers from falling victim in the first place."

As part of today's consumer alert, Brown offered the following tips to homeowners:

- Don't pay up-front fees. Foreclosure consultants are prohibited by law from collecting money before services are performed.
- Don't ignore letters from your lender or loan servicer. Responding to those letters is your best bet for saving your house.
- Don't transfer title or sell your house to a "foreclosure rescuer." Beware! This is a scam to convince homeowners they can stay in the home as renters and buy their home back later. It could also be part of a fraudulent bankruptcy filing. Either way, a scammer can then evict you and take your home.
- Don't pay your mortgage payments to anyone other than your lender or loan servicer. Mortgage consultants often keep the money for themselves.
- Never sign any documents without reading them first. Many homeowners think that they are signing documents for a loan modification or for a new loan to pay off their delinquent mortgage. Later, they discover that they actually transferred ownership of their home to someone who is now trying to evict them.

Non-profit housing counselors certified by the U.S. Department of Housing and Urban Development provide free help to homeowners. To find a counselor in your area, call 1-800-569-4287.

If you are a homeowner who has been scammed, you can contact Brown's office at 1-800-952-5225 or file a complaint online at: www.ag.ca.gov/consumers/general.php. You can also learn more about avoiding scams and obtain a complaint form by visiting the DRE's web site at: www.dre.ca.gov.

If you have a complaint against a lawyer, contact the State Bar Complaint Hotline at 1-800-843-9053. Complaint forms and an explanation of the attorney discipline system are available online at: www.calbar.ca.gov.

In 2009, California accounted for 22 percent of the nation's foreclosure activity, with 632,573 homes in foreclosure statewide. This is an annual increase of more than 20 percent in foreclosure activity from 2008 and a 150 percent increase from 2007.

For more information on Brown's action against loan-modification fraud visit: http://ag.ca.gov/loanmod.

LOS ANGELES TAX PREPARER ACCUSED OF DEFRAUDING U.S. WITH LIES ON VISA APPLICATIONS AND FALSE TAX RETURNS

US Department of Justice

    A Hancock Park man who is charged with conducting a multi-faceted fraud against several government agencies – including applying for immigration visas with false claims that the aliens would be employed as religious workers in the United States – has pleaded not guilty to a series of charges in a federal grand jury indictment.

    Samuel Klein, 58, was arraigned yesterday and entered not guilty pleas to charges of visa fraud, subscribing to false tax returns, making false statements to the United States Department of Education and financial aid fraud.

    Samuel Klein is charged with visa fraud for allegedly filing visa applications for clients that falsely claimed they were qualified religious workers who were wanted for employment by New York religious institutions. According to a search warrant affidavit previously filed in this case, investigators developed information that Samuel Klein, who operated a Wilshire Boulevard business called Smartax, filed bogus petitions for religious worker visas under the names of synagogues or Jewish community groups, claiming that the religious institutions needed his clients as religious workers. In another case detailed in the indictment, Samuel Klein submitted a visa application that claimed an alien was needed to work for a New York company when, in truth, the alien had no plans to work for the company and did not have the qualifications claimed on the petition.

    Samuel Klein’s wife, Zipora Klein, 57, who resides with her husband in Hancock Park, was also arraigned yesterday and entered not guilty pleas to four counts of subscribing to false tax returns for the years 2003 through 2006. In an indictment returned by a federal grand jury on January 7, both Kleins are accused of filing false tax returns that substantially understated their income on four annual tax returns filed under penalty of perjury with the Internal Revenue Service.

    Additionally, the indictment alleges that Samuel Klein applied for federal financial aid in 2006, claiming that he and his wife’s federal income tax return showed that the couple earned $38,902 in 2005. But when he applied for the financial aid, the indictment alleges, Samuel Klein had not filed a 2005 tax return and in fact the couple earned more than $190,000 that year.

    At Tuesday’s arraignment, the case against the Kleins was assigned to United States District Judge R. Gary Klausner, who scheduled a trial for March 16.

    An indictment contains allegations that a defendant has committed a crime.  Every defendant is presumed to be innocent until proven guilty in court.

    Samuel Klein is named in 11 counts in the indictment, and if he is convicted of all charges he faces a statutory maximum 72 years in federal prison. If convicted of the four tax charges, Zipora Klein faces a statutory maximum 12 years in federal prison.

    The investigation in this case is being conducted by IRS - Criminal Investigation, U.S. Immigration and Customs Enforcement, and the United States Department of Education.