The Sheriff's Blogger

Federal Enforcement Actions Directed At Marijuana Stores Continue with Four New Property Forfeiture Lawsuits and Warning Letters

 Department of Justice

LOS ANGELES – As part of a continuing, coordinated effort against commercial marijuana operations in California that started last fall, federal prosecutors over the past week have filed four asset forfeiture lawsuits against properties housing marijuana storefronts in Los Angeles and Orange counties and have sent warning letters to property owners and operators of illegal marijuana stores in several Southland cities.

Three asset forfeiture complaints against buildings in Costa Mesa where marijuana stores are currently operating were filed this morning in United States District Court in Los Angeles. Prosecutors this morning also sent letters to marijuana store operators and to the owners of properties where nearly two dozen marijuana stores currently operate in Costa Mesa.

The three forfeiture actions filed today allege that the owners knowingly allowed marijuana stores to operate. The Costa Mesa buildings named in the forfeiture lawsuits house:

 

• three marijuana stores currently operating at 440 Fair Drive, where the owner of the building has been “cited numerous times by Costa Mesa officials for allowing the operation of marijuana dispensaries,” according to the lawsuit;
• American Collective, a marijuana store allegedly operated by a man with a 2003 state court conviction for marijuana sales that was one of two Costa Mesa stores and related locations where federal and state agents yesterday executed search warrants that led to the of two separate marijuana grows, each with more than 500 marijuana plants; and
• Otherside Farms, whose operator told Costa Mesa Code Enforcement personnel that he intended “to make so much money” at the location that he was going to give the city of Costa Mesa a “donation” of up to $500,000 every year that would help the city stave off layoffs.

Letters went out today to the owners and operators of currently operating or recently closed marijuana stores – nearly three dozen in Costa Mesa, and one now-shuttered store in Newport Beach. All known stores in these two South Orange County cities are now the subject of federal enforcement actions.

 Last week, the United States Attorney’s Office filed another asset forfeiture lawsuit against the building that houses the Alternative Medicinal Cannabis Collective (AMCC) in an unincorporated part of Covina. This complaint alleges that Los Angeles County code enforcement personnel took action against the operation and, in March 2011, the County filed a lawsuit against the owners of the property where the store is located.

Warning letters were sent last week to property owners and operators associated with marijuana stores in unincorporated Walnut, La Puente, Murrieta and Lake Elsinore, where a total of 17 stores are believed to be currently operating. Those receiving letters were warned that the stores are operating in violation of federal law and that they have 15 days to take steps to discontinue the sale and distribution of marijuana at the stores.

In October, the four United States Attorneys in California announced coordinated enforcement actions targeting illegal marijuana cultivation and trafficking. In the Central District of California (see http://www.justice.gov/usao/cac/Pressroom/2011/144.html), one criminal case that now involves seven defendants linked to a North Hollywood marijuana store called NoHo Caregivers is set for trial on May 22. Three civil forfeiture actions filed in October are still pending, but the stores in the properties have been closed. And dozens of letters sent to those associated with marijuana stores in 13 Southland cities have resulted in nearly all of the stores being closed, with the remainder currently being the subject of eviction proceedings.

 Last week, the United States Attorney in Sacramento announced a civil forfeiture action against a marijuana store, as well as letters that were sent to the owners of properties in several counties where marijuana is being cultivated or sold (see:

http://www.justice.gov/usao/cae/news/docs/2012/01-12-12MarijuanaStore.html).

The United States Attorney’s Office is working in conjunction with the Drug Enforcement Administration and IRS - Criminal Investigation.

Santa Ana Intern Gets Six Months for Secret Bathroom Videos

Jan. 12, 2012

Case # 11CM08525

INTERN CONVICTED OF SECRETLY VIDEOTAPING MEN UNDER SANTA ANA CITY HALL RESTROOM STALLS USING HIS CELL PHONE

SANTA ANA - An intern for the City of Santa Ana was convicted and sentenced today for surreptitiously creating 64 videotapes using his cell phone of men while the victims were using restrooms in City Hall.

Miguel Ruiz Fabian, 24, Santa Ana, pleaded guilty to eight misdemeanor counts of disorderly conduct by unlawful viewing and was sentenced to six months in jail and three years of formal probation.

At the time of the crime, Fabian was an engineering student at California State Polytechnic University, Pomona and was an intern for the City of Santa Ana Public Works Department.

On 64 occasions over 23 separate days between Dec. 28, 2010, and May 31, 2011, Fabian used his cell phone video camera to surreptitiously record men using the restroom at Santa Ana City Hall and the Santa Ana City Hall Annex. He entered bathroom stalls and put his phone on the floor to record men in the adjacent stall urinating and defecating.

On May 31, 2011, a victim looked down while using the restroom and observed a cell phone on the floor at the foot of his stall. He grabbed the phone, identified Fabian as the owner, and called 911.

The victims were primarily employees of the City of Santa Ana and all of the victims who could be identified have been contacted by the Santa Ana Police Department, who investigated this case. The identities of some of the victims are still unknown.

Deputy District Attorney Brad Schoenleben prosecuted this case.

San Diego Gang Bangers Convicted in OC Jewelry Robberies

January 10, 2012

THREE SAN DIEGO GANG MEMBERS CONVICTED OF CRIME SPREE ROBBERIES IN TWO ORANGE COUNTY JEWELRY STORES *Eight co-defendants have also been convicted in this case

WESTMINSTER - Three gang members have been convicted for their role in a crime spree involving the armed robbery of two Orange County jewelry stores, identity theft, and street terrorism. Two of the defendants were found guilty by a jury Jan. 9, 2012, and the third defendant pleaded guilty mid-trial. All three are scheduled to be sentenced April 20, 2012, in Department W-18, West Justice Center, Westminster.

 

Aida Arroyo, 29, pleaded guilty mid-jury trial on Jan. 5, 2012, to one felony count each of second degree robbery, second degree commercial burglary, and street terrorism, with sentencing enhancements for criminal street gang activity and the vicarious use of a firearm by a gang member. She faces a maximum sentence of 15 years in state prison.

Michael Burgin, 32, was convicted of one felony count each of second degree robbery, second degree commercial burglary, and street terrorism, with sentencing enhancements for criminal street gang activity, the vicarious use of a firearm by a gang member, and two prior strike convictions for first degree burglaries in 1999 and 2002. He faces a maximum sentence of 70 years to life in state prison.

 

Adam Weick, 30, was convicted of one felony count each of second degree robbery, second degree commercial burglary, and street terrorism, with sentencing enhancements for criminal street gang activity, the vicarious use of a firearm by a gang member, and a prior strike for kidnapping in 2005. He faces a maximum sentence of 25 years in state prison.

This case involved 11 co-defendants, all residents of San Diego County, and was jointly investigated by the Laguna Beach Police Department (LBPD), Tustin Police Department (TPD) and Orange County District Attorney's Office with assistance from the Orange County and San Diego County Sheriff's Departments, Chula Vista and Oceanside Police Departments, and the U.S. Department of Homeland Security.

Co-Defendants

Salvador Barajas, 31, pleaded guilty Feb. 5, 2010, to one felony count each of receiving stolen property and street terrorism and was sentenced to 225 days in jail and three years of probation.

Touradj Barman, 69, pleaded guilty March 19, 2010, to one misdemeanor count of a pawnbroker failing to report receipt of property and was sentenced to one year of probation and a $10,000 payment to the Victim Witness Emergency Fund.

Sylvia Elena Castaneda, 31, pleaded guilty June 20, 2011, to one felony count of second degree robbery with a sentencing enhancement for criminal street gang activity and was sentenced to five years in state prison.

Jose Jesus Garcia, 37, pleaded guilty March 26, 2010, to one misdemeanor count of a pawnbroker failing to report receipt of property and was sentenced to one year of probation and a $10,000 payment to the Victim Witness Emergency Fund.

Pedro Avina Hernandez, 31, was found guilty by a jury Feb. 2, 2010, of one felony count each of second degree robbery, second degree commercial burglary, and street terrorism, with sentencing enhancements for criminal street gang activity and the vicarious use of a firearm by a gang member. He is expected to be sentenced Jan. 27, 2012, in Department C-40, Central Justice Center, Santa Ana.

Alonso Jose Lopez, 33, was found guilty by a jury May 20, 2010, of one felony count each of second degree robbery, second degree commercial burglary, and street terrorism, with sentencing enhancements for criminal street gang activity and the vicarious use of a firearm by a gang member. He has a prior strike conviction for kidnapping in 1998, Lopez was sentenced July 23, 2010, to 25 years in state prison.

Daisy Oregon, 23, pleaded guilty Feb. 5, 2010, to one felony count each of receiving stolen property and street terrorism with a sentencing enhancement for criminal street gang activity. She has a prior strike for robbery in 2005. Oregon was sentenced to two years and eight months in state prison.

Arturo Carlos Perez, 23, pleaded guilty July 9, 2010, to one felony count each of accessory after the fact and street terrorism with a sentencing enhancement for criminal street gang activity. He was sentenced to two years in state prison.

Tustin Robbery

At approximately 5:00 p.m. on Aug. 4, 2009, Arroyo entered Tustin Village Jewelers under the pretense of selling a ring. The jewelry store has security gates and the defendant was buzzed in. While negotiating a price with the store owner, Arroyo asked to be let out of the store to make a phone call. When the owner buzzed the security gate to let Arroyo out, Burgin and Weick immediately rushed in to the store wearing caps and bandanas. They were armed with firearms and demanded at gunpoint that the victim unlock the jewelry cases to give them access to the diamonds.

 

One of the defendants held a gun to the back of the victim's head and threatened to shoot him if he did not open the safe. The defendants then duct-taped the victim and put him in the bathroom. Burgin, Weick, and Arroyo stole over $160,000 in jewelry and fled the scene.

Laguna Beach Robbery

At approximately 7:00 p.m. on Aug. 25, 2009, Burgin, Lopez, and Hernandez entered Baca Jewelers in Laguna Beach as the store was closing. They were dressed in black and attempted to hide their faces by wearing hoods and baseball caps. The defendants robbed a store employee at gun-point and stole over $1 million in watches and jewelry before fleeing the scene.

Officers from LBPD responded and Burgin, Lopez, and Hernandez led police on a pursuit from Laguna Beach to Aliso Viejo. The defendants abandoned their car in an Aliso Viejo parking garage and evaded police by fleeing. LBPD officers learned that the abandoned vehicle was owned by Castaneda. Castaneda attempted to impede the police investigation by reporting her car stolen in San Diego County, despite loaning it to Lopez, Burgin, and Hernandez knowing that it would be used for a jewelry store burglary.

Perez assisted Lopez evade arrest and hide in an Oceanside home by acting as a look-out to determine if police were surveiling the home and obtaining a calling card for Lopez to make phone calls without detection. Based on a law enforcement bulletin put out by LBPD, TPD noticed similarities between the two robberies and the agencies began jointly investigating their cases.

Identity Theft and Receiving Stolen Property On Sept. 8, 2009, Barajas drove Castaneda, Oregon and Arroyo to Laguna Beach to pick up Castaneda's car, which had been abandoned after the Aug. 25, 2009, robbery and impounded by LBPD. While Castaneda was meeting with LBPD, the three other defendants stole mail from local Laguna Beach mail boxes. Arroyo was in possession of and fraudulently using credit cards, which had been stolen in San Diego County the day before.

Subsequent investigation into the robberies revealed that two second-hand jewelry stores in San Diego County, San Diego Jewelry and Loan and J&L Jewelers, were selling some of the stolen jewelry. Garcia attempted to make identifying the stolen jewelry more difficult by grinding off identifying markings. Barman purchased the property, knowing it had been stolen.

All of the defendants, except for Barman and Garcia, are members or associates of a San Diego Hispanic criminal street gang. They planned and committed these crimes to benefit their criminal street gang.

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

Woman Indicted for Cutting Off Man's Penis

From the OC District Attorney's Office

January 5, 2012

Case # 11WF1668

WOMAN INDICTED FOR CUTTING OFF MAN'S PENIS AFTER TYING HIM TO BED

SANTA ANA - A woman was indicted by the Orange County Grand Jury today for cutting off a man's penis after tying him to his bed.

Catherine Kieu, 48, Garden Grove, was indicted on one felony count of torture, one felony count of aggravated mayhem, and a sentencing enhancement for the personal use of a knife. If convicted on all counts, she faces a maximum sentence of life in state prison with the possibility of parole. The defendant is being held on $1 million bail and is scheduled to be arraigned on the indictment Monday, Jan. 9, 2012, at 8:30 a.m. in Department C-5, Central Justice Center, Santa Ana.

On July 13, 2011, the Orange County District Attorney's Office (OCDA) released a press release with the following information:

Kieu and 60-year-old John Doe live together in Garden Grove. 

On the night of July 11, 2011, Kieu is accused of engaging John Doe in an argument over the possibility of a friend staying at the residence at a later date. The defendant is accused of serving John Doe dinner.

At approximately 9:00 p.m. John Doe became tired and went to bed. As he slept in his bed, Kieu is accused of tying the victim's legs and arms to the four corners of the bed with nylon ropes. When he awoke, the defendant is accused of pulling down John Doe's pants, grabbing the victim's penis, and severing it with a knife. Kieu is accused of then taking the penis to the kitchen, throwing it into the garbage disposal, turning it on, and mutilating the organ. Kieu is accused of then contacting 911.

Garden Grove police arrived at the scene and John Doe was transported to University of California, Irvine Medical Center for emergency surgery.

Senior Deputy District Attorney John Christl of the Special Prosecutions Unit is prosecuting this case.