The Sheriff's Blogger

STATE REACHES MULTIMILLION DOLLAR SETTLEMENT WITH TELECOMMUNICATIONS COMPANY-

VERIZON TO PAY UP TO $6,011,190 TO SETTLE FAMILY CARE AND MEDICAL LEAVE CLASS COMPLAINT INVESTIGATED BY THE DFEH

 ELK GROVE, CA - The Department of Fair Employment and Housing (DFEH) today announced that Verizon has agreed to pay up to $6,011,190 to current and former California employees to settle a class action lawsuit the DFEH filed challenging the company's family medical leave practices. The settlement, which is subject to court approval, covers Verizon's voice, data and video operations in California, which employ more than 7,000 people. 

The class action lawsuit began with a more than two-year-long investigation into Verizon's practices under the California Family Rights Act (CFRA), which was conducted by the DFEH's Special Investigations Unit. The lawsuit alleges that from 2007 to 2010, Verizon denied or failed to timely approve class members' requests for leave for their own serious health condition, to care for a family member with a serious health condition, or to bond with a new child.  The Department further alleged that the company fired some class members for violating Verizon's attendance policy when they missed work for a CFRA-qualifying reason.  Settlement of the lawsuit--the largest in DFEH history--could result in payment to class members of more than $6 million dollars, an amount equivalent to an entire year of DFEH Enforcement Division settlements. 

 "This year, Governor Schwarzenegger directed all his departments to take steps to ensure that they vigilantly honor the state's commitment to equal employment for people with disabilities and I am pleased our department is vigilantly ensuring that private businesses do the same," said DFEH Director Phyllis Cheng." 

 Verizon cooperated fully with the DFEH's investigation and did not admit to any wrongdoing in settling the lawsuit.  As part of the settlement, Verizon agreed to review and revise its leave policies and procedures and to continue an existing internal review process that employees can invoke to appeal denials. Verizon also agreed to train all California officers, managers, supervisors and human resources personnel on the procedures and to submit regular updates to the DFEH regarding the company's compliance. 

"Complying with workplace laws is good for business and productivity. The DFEH is pleased to have negotiated a workable solution that both enforces the employees' leave rights and assists Verizon to avoid future litigation," said Cheng. "The DFEH will continue to pursue high-impact group and class actions to more effectively enforce California's civil rights laws and to eliminate systemic discrimination."

Band members charged in Hollywood Freeway traffic jam

LOS ANGELES – Three members of an Orange County band were charged by the District Attorney’s Office today with felony conspiracy in connection with a purported publicity stunt that caused a massive traffic jam last month on the Hollywood Freeway.

“This was not a matter involving free speech or lawful protest,” said District Attorney Steve Cooley in a written statement. “This was a well-orchestrated commercial stunt perpetrated by these defendants and their accomplices with no concern for the lives or well-being of thousands of innocent victims who were caught up in the prank.

“I hope this filing sends a strong message of deterrence,” Cooley said. “This type of dangerous behavior will not be tolerated.”

The complaint alleges one felony count of conspiracy to commit a public nuisance against three named band members and 50 John and Jane Does. It also charges the defendants with one misdemeanor count each of public nuisance and false imprisonment, and two misdemeanor counts of resisting, obstructing or delaying Los Angeles police and California Highway Patrol officers.

The huge traffic jam on the Hollywood Freeway occurred shortly after 10 a.m. on Oct. 12. A large truck sporting an advertisement for the band blocked all but one lane of the southbound freeway at Sunset Boulevard. The driver reportedly fled with the keys to the vehicle while the band launched into a concert atop the truck. The defendants also filmed the event, the complaint alleged.

Band members Christopher Roy Wright, 32 (dob 4-27-1978); David Paul Hale, 30 (dob 2-15-1980); and Keith R. Yackey, 32 (dob 11-20-1978), were arrested and freed on $20,000 bail each. They are expected to appear in Superior Court Department 30 in December for arraignment. An exact date has not been set.

The driver will be charged as a co-conspirator when identified.

OPERATOR OF $12 MILLION ‘CAP X’ PONZI SCHEME PLEADS GUILTY TO FEDERAL FRAUD AND TAX CHARGES

 US Department of Justice

        LOS ANGELES – The promoter of a bogus investment scheme involving distressed business assets pleaded guilty this morning to federal charges related to a Ponzi scheme in which he raised at least $12 million from victims across the United States.

        Peter Jerald Frommer, 35, of Santa Barbara, pleaded guilty to wire fraud, money laundering and three counts of failing to file federal income tax returns for the tax years 2004 through 2006.

        According to the indictment and his admissions in court today, Frommer operated a bogus investment scheme under the names “Cap Exchange” and “Cap X,” companies that he falsely claimed traded in surplus property of defunct companies. Frommer told numerous victims throughout the United States that he used commercial auction websites to purchase large lots of equipment for resale at higher prices.

        From January 2004 until August 2006, Frommer solicited approximately $12 million from victims by promising “guaranteed” returns of up to 15 percent in as little time as six weeks. Frommer solicited investments in the bogus scheme from more than 50 investors throughout the United States, including residents of California, Oregon, Virginia, Illinois and Massachusetts. Frommer claimed that he would use victims’ money to buy the distressed assets for Cap X, and then would share profits from the subsequent sales. Instead, Frommer used the victims’ money to maintain a lavish personal lifestyle and to make Ponzi payments to victims.

        Prosecutors intend to argue at sentencing that Frommer caused approximately $9 million in losses to investors. Prosecutors also intend to argue that Frommer concealed more than $5 million in income from the Internal Revenue Service by failing to file tax returns.

        As a result of today’s guilty pleas, Frommer faces a statutory maximum sentence of 33 years in federal prison when he is sentenced on March 10, 2011 by United States District Judge George H. Wu.

        The investigation into Frommer was conducted by the Federal Bureau of Investigation and IRS-Criminal Investigation.

SHERMAN OAKS WOMAN FACES CHARGES IN MORTGAGE FRAUD CASE FOR INFLATING INCOME IN ‘LIAR LOAN’ APPLICATIONS

 US Department of Justice

        LOS ANGELES – A federal grand jury has indicted a Sherman Oaks woman for her role in a $2 million mortgage fraud scheme in which she allegedly filed fraudulent loan applications that in some cases falsely claimed she and her husband earned nearly $50,000 per month.

        Monica Elizabeth Frommer, 33, was indicted November 9 on charges of bank fraud, loan fraud, wire fraud and making unlawful monetary transactions. Frommer surrendered to federal authorities last Tuesday, and, at an arraignment Tuesday afternoon, Frommer pleaded not guilty to the 12 counts in the indictment. Frommer is currently scheduled to go on trial on January 11, but at a court hearing yesterday attorneys discussed delaying the trial until March.

        According to the indictment, from mid-2004 through mid-2007, Frommer submitted at least six fraudulent mortgage loan applications to National City Bank and Washington Mutual Bank. On these loan applications, which were “stated income” applications, Frommer allegedly falsely inflated her income, claiming that she and her husband earned as much as $47,500 per month. The indictment also alleges that Frommer caused phony bank records to be submitted to a lender to verify assets that she claimed to possess. As a result of the fraudulent loan applications, the two victim banks funded loans totaling approximately $2 million.

        The indictment alleges that Frommer used most of the mortgage loan proceeds to finance residential construction and to repay earlier mortgage loans. Frommer also used proceeds of the fraud for her own personal benefit and to finance vacations for her family.

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

        If convicted of the dozen charges in the indictment, Frommer would face a statutory maximum sentence of 290 years in federal prison. 

        The investigation of Frommer was conducted by IRS-Criminal Investigation and the Federal Bureau of Investigation.

VANCOUVER MAN SENTENCED TO OVER 14 YEARS IN PRISON FOR RUNNING INTERNATIONAL TELEMARKETING SCAM THAT CAUSED $1.8 MILLION IN LOSSES, PRIMARILY TO ELDERLY VICTIMS

 US Department of Justice

        LOS ANGELES – A Vancouver man has been sentenced to 171 months in federal prison for running an international lottery scam that took in $1.8 million from mostly elderly victims who were lured to the scheme with promises of huge winnings in international lotteries,

        Dillon Sherif, 49, an Iraqi national whose birth name is Nuraldin Shareef Karim, was sentenced late Monday by United States District Judge Dean D. Pregerson. In addition to the 14¼-year prison sentence, Judge Pregerson ordered Sherif to pay $924,613 in restitution to his victims.

        Monday’s sentencing ends a long legal saga in which Sherif operated bogus lottery companies in Canada and Spain and jumped bail twice before being arrested in England last year.

        Sherif was extradited from England late last year and in June pleaded guilty in United States District Court to three counts of mail fraud involving telemarketing fraud against the elderly. According to his plea agreement, in 1999 Sherif started operating various telemarketing companies based in British Columbia under names such as “Power Ball Services.” Sherif and telemarketers working under him called elderly victims in the United States, telling them they had won, or had a good chance of winning, a large sum of money in foreign lotteries. However, the victims were told that they had to pay for taxes or other fees to collect their winnings. Once victims sent in money, Sherif and his telemarketers often “reloaded” them by repeatedly calling those victims again, falsely telling them they had won additional money, but would receive their winnings only if they sent additional payments. The scheme that started in 1999 caused approximately $1.8 million in losses.

        In a sentencing memorandum, prosecutors outlined Sherif’s history, which includes a 1998 federal court order in Seattle that prohibited him from being involved in the sale of lottery tickets after he was involved in another British Columbia-based scam that defrauded 2,744 victims out of approximately $5 million.

        After the court in Seattle entered the judgment against him, Sherif fled Canada for Spain, where he continued his telemarketing fraud against elderly Americans and Canadians, according to the government’s sentencing memorandum. Authorities in Spain filed criminal charges against Sherif, but he fled Spain, eventually returning to British Columbia, where he started up the scheme that led to this week’s sentencing.

        The Los Angeles case was filed in September 2001. The following month, Sherif was arrested in Canada on those charges, but he was released on bond within a day. Sherif subsequently failed to appear in court and was a fugitive until December 2008, at which time he was arrested in London.

        At Monday’s hearing, Judge Pregerson said that he had never seen anyone with such disrespect for the legal system, adding that Sherif played “international hopscotch” to avoid prosecution for his fraud schemes.

        As part of Sherif’s sentencing, prosecutors presented documents that describe the mental, physical and financial damage he caused to his victims. One victim impact statement filed by a 96-year-old woman describes how Sherif personally convinced her – knowing that she was disabled, elderly and sickly – to sell her house and give him the money, making her virtually homeless, unable to pay for her medical care, and wondering from where her next meal would come.

        The case against Sherif was investigated by the Federal Bureau of Investigation, the Royal Canadian Mounted Police Project Emptor Task Force, and the Federal Trade Commission.

U.S. Border Patrol Agents Nab Suspected Rapist

Customs and Border Protection

IMPERIAL BEACH, Calif. — On Monday morning, a 30-year-old male Mexican national with an active arrest warrant for rape in Santa Ana, Calif., was arrested after a brief struggle with Border Patrol agents while he was attempting to illegally enter the country in Imperial Beach.  

At about 2:20 a.m., an agent encountered the suspect hiding in a brushy area north of the international border along with one other man who was determined to be a Mexican national illegally in the country.  The agent detained one man, but the second subject ignored the agent’s commands and resisted apprehension.

 Another agent arrived to assist with apprehending the suspect.  The combative man then attempted to gain control of an agent’s holstered handgun.  The agent retained his sidearm and both agents were eventually able to subdue and handcuff the subject.  Agents then transported them to a nearby Border Patrol station for processing.   

Agents conducted routine record checks of the men and discovered that the combative subject had an active felony arrest warrant from the city of Santa Ana in Orange County, for rape with force, with bail set at $1 million.  The suspected rapist was turned over to the San Diego County Sheriff’s Department pending his extradition to Orange County.  

The U.S. Border Patrol maintains strong collaborative partnerships with other law enforcement agencies to reduce crime and improve the quality of life in border communities.

SECOND TIME DRUNKEN DRIVER FACES TRIAL FOR KILLING FERRARI DRIVER IN HIGH SPEED CRASH, SPLITTING VICTIM'S VEHICLE IN HALF

November 24, 2010

Orange County District Attorney

SANTA ANA - A second-time drunken driver faces trial Monday for killing a man and injuring his passenger after crashing his Porsche into the victim's Ferrari, causing it to slam into a light pole and spilt in half. Jeffrey David Kirby, 53, Costa Mesa, is charged with one felony count of vehicular manslaughter by unlawful act with gross negligence while intoxicated, one felony count of driving under the influence causing bodily injury, and sentencing enhancements for fleeing the scene of a vehicular manslaughter and causing great bodily injury to multiple victims. He has a prior conviction for driving under the influence in 2002. Kirby faces a maximum sentence of 19 years and eight months in state prison if convicted. Opening statements are expected to begin Monday, Nov. 29, 2010, at 9:00 a.m. in Department C-30, Central Justice Center, Santa Ana.

At approximately 1:00 a.m. on March 11, 2009, Kirby is accused of speeding in his 1977 Porsche on Jamboree Road in Newport Beach with a 32-year-old female passenger, Lynn Marie Nabozny. Kirby is accused of speeding alongside a 2004 Ferrari driven by 45-year-old Charles David Lewis, Jr., of Huntington Beach. Kirby is accused of losing control of his car due to his unsafe speed and crashing into Lewis' vehicle. Lewis lost control of his Ferrari, which crashed into a cement light pole and was torn in half. Kirby is accused of swerving and coming to a stop on Jamboree Road for several seconds before accelerating and fleeing the scene.

A Newport Beach Police officer, who had been passing northbound on Jamboree, observed the crash and immediately stopped to assist Lewis and called for back up. Lewis was trapped inside the front half of the Ferrari, which had to be dismantled in order to remove him. He was pronounced dead at the scene. Lewis' 23-year-old passenger, Lacy Lynn White, was ejected from the car and landed on the nearby dirt embankment. White was transported to Western Medical Center to be treated for a fractured elbow and several lacerations and abrasions. She is currently in stable condition.

After fleeing the scene, Kirby is accused of parking his Porsche, which had body damage consistent with having been involved in a crash, on Bison Avenue. Within minutes of the crash, a responding Newport Beach Police officer observed Kirby's parked car and saw the defendant and Nabozny walking outside of the defendant's vehicle. Kirby and Nabozny were both apprehended. The defendant is accused of emitting an odor of alcohol, slurring his speech, and having bloodshot and watery eyes. He was arrested at the scene. At approximately 3:00 a.m., two hours after the crash, Kirby is accused of having a blood alcohol level of .13 percent. Nabozny was arrested for public intoxication and later released.

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

TRANSIENT MAN SENTENCED TO PRISON FOR MAILING DEATH THREATS TO SANTA ANA POLICE OFFICERS

November 23, 2010

Orange County District Attorney's Office

SANTA ANA - A transient man was sentenced today to two years in state prison for mailing death threats to Santa Ana police officers. Tony Diep, 47, Santa Ana, pleaded guilty to the court to one felony count of sending a threatening extortion letter, two felony counts of resisting and deterring an executive officer, one felony count of criminal threats, and one misdemeanor count of criminal threats. As part of the court's offer, one of Diep's felony counts of criminal threats was reduced to a misdemeanor, allowing the defendant to plead guilty to one strike instead of two strikes.

On July 30, 2008, feces were spread on the outside wall of the Santa Ana Public Library. That morning, Diep left a threatening letter addressed to the persons in charge of the library and the Santa Ana Police Department (SAPD) in the book-drop box complaining about the Santa Ana police officer who provided security for the library, stating that the library would be vandalized 50 times worse if the Santa Ana officer was not removed.

On April 15, 2009, Diep sent a letter to the Santa Ana Police Chief Paul Walters, threatening to kill the police officer stationed at the Santa Ana Public Library. He had detailed knowledge of the officer's work hours and stated that he had purchased guns and bullets.

On Feb. 17, 2010, Diep sent a letter to SAPD Chief Walters threatening to kill any police officer he sees between 4:00 a.m. and 8:00 a.m. in the Santa Ana Civic Center Plaza. He stated that it would be easy to kill any officer and specifically mentioned two SAPD officers. The defendant signed all three letters with a Hispanic sounding name.

The defendant was linked to the letters by the Orange County Crime Lab who analyzed the defendant's DNA sample.

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

88-YEAR-OLD HUSBAND CHARGED WITH SHOOTING-MURDER OF 86-YEAR-OLD WIFE IN HER ROOM AT A HEALTH CARE FACILITY WESTMINSTER

November 23, 2010

Orange County District Attorney's Office

The Orange County District Attorney's Office has filed charges against a husband for the shooting-murder of his wife in her room at a health care facility. Roy Charles Laird, 88, Seal Beach, is charged with one felony count of murder with a sentencing enhancement for the personal discharge of a firearm causing death. If convicted, Laird faces a maximum sentence of 50 years to life in state prison.

The statutory bail amount for the crime is $1milllion and will be set by the court at Laird's arraignment today, Tuesday, Nov. 23, 2010, at 1:30 p.m. at the West Justice Center in Westminster. The Department is to be determined.

The 88-year-old defendant and his 86-year-old wife, Clara Laird, who were married for 69 years, were living apart while she stayed at the Country Villa Healthcare Center on North Gate Road in Seal Beach. She had late-stage dementia and needed 24-hour care. On Nov. 21, 2010, at approximately 12:00 p.m., Roy Laird is accused of walking into the nursing home with a gun, walking into his wife's room and shooting her in the head while she was lying in bed. An employee heard the gunshot and called 911.

Seal Beach Police responded immediately and arrested the defendant at the scene without incident. Senior Deputy District Attorney Scott Simmons of the Homicide Unit is prosecuting this case.

THIRD-STRIKER SENTENCED TO 110 YEARS TO LIFE IN PRISON FOR SHOOTING AND MURDERING STRIP CLUB BOUNCER AFTER BEING KICKED OUT OF THE CLUB

November 19, 2010

Orange County District Attorney's Office

SANTA ANA - A third-striker was sentenced today to 110 years to life in state prison for shooting and murdering a strip club bouncer after becoming angry that he and his friends were kicked out of the club for inappropriately touching a dancer. Carlos Rosario Gonzales, 38, San Jancinto, was found guilty by a jury Oct. 19, 2009, of one felony count of murder with sentencing enhancements for the personal use of a firearm and the personal discharge of a firearm causing death. The defendant has two prior strike convictions for assault with a deadly weapon in 1998 and carjacking in 2004.

At approximately 6:40 p.m. on Oct. 2, 2006, Gonzales and two friends were at a strip club, California Girls Nightclub, on Harbor Boulevard in Santa Ana, and were asked to leave after one of the friends violated club rules by inappropriately touching one of the strippers. Gonzales and his friends went outside, but refused to leave and insisted on confronting the woman who claimed she had been touched. The bouncers would not let the defendant and his friends back inside and would not allow them to speak with the dancer, eventually getting the manager when the three continued to be uncooperative.

A security guard, feeling that one of Gonzales' friends was advancing on a bouncer, sprayed the defendant's friend with pepper spray. A fight broke out between the friends, bouncers, and manager as Gonzales went to his truck in the parking lot and retrieved a firearm. The defendant returned to the group, where the fight was ending, and shot bouncer Michael Blankenhorn one time in the back, murdering him.

The defendant fled the scene and was arrested the next day while working at a construction site in Fountain Valley.

At the sentencing today, the victim's mother, Hillie Blankenhorn, gave an impact statement to the court and explained that the loss of her son has been a tragedy for her family and her life will never be the same.

Senior Deputy District Attorney Scott Simmons of the Homicide Unit prosecuted this case.