Consumer Protection

Attorney General Kamala D. Harris Announces Creation of Mortgage Fraud Strike Force to Protect Homeowners

May 23, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES – Attorney General Kamala D. Harris today announced the creation of the California Attorney General’s Mortgage Fraud Strike Force, staffed by Department of Justice attorneys and investigators charged with protecting innocent homeowners and bringing to justice those who defraud them.

Composed of both civil and criminal enforcement teams, the Mortgage Fraud Strike Force will monitor and prosecute violations at every step of the mortgage process, from the origination of mortgage loans to the marketing of mortgage-backed securities to the investing public.

“Californians in search of the American dream all too often found a protracted personal and legal nightmare,” said Attorney General Harris. “Families are losing their homes, while those who perpetrated crimes and frauds against them walk free.”

At her announcement of the new mortgage fraud unit, Attorney General Harris was joined by Mayor Antonio R. Villaraigosa, representatives from U.S. Department of Housing and Urban Development (HUD) and the Center for Responsible Lending, as well as homeowners harmed by unlawful lending, servicing and foreclosure practices.

“We will work to safeguard the homeowner at every step of the process – from origination of a loan to its securitization, and we will prosecute to the fullest extent of the law those who take advantage of trusting California families,” said Attorney General Harris. “We are setting a high bar for other states and we insist that homeowners be protected, respected, and informed.”

The Mortgage Fraud Strike Force will operate out of Department of Justice offices in Los Angeles, Fresno, San Francisco and Sacramento. Twenty-five attorneys and investigators will work together in three teams:
• The consumer enforcement team will target scams in the consumer arena, including predatory lending, unfair business practices in originating loans, deceptive marketing, and loan modification and foreclosure consultant scams.
• The criminal enforcement team will prosecute criminal frauds associated with the epidemic of mortgage scams, including fraudulent investment and money laundering schemes related to mortgage lending or foreclosure relief.
• The corporate fraud team will target misconduct involving investments and securities tied to subprime mortgages, as well as false or fraudulent claims made to the state with respect to these securities.

Los Angeles Mayor Antonio R. Villaraigosa offered his support of the new strike force. “With nearly 10,000 foreclosures in the City of Los Angeles last year,” he said, “this strike force is certain to help countless residents and families from becoming victimized.”

“The Attorney General’s authority and attention to this issue brings a critical law enforcement component to the table that will help stop the practice of predatory lending once and for all,” said Mayor Villaraigosa. “I applaud Attorney General Harris for her dedication to employing swift justice to the scam artists who prey on the residents of some of our most economically vulnerable neighborhoods.”

California has been hit hard by the foreclosure crisis, and by predators who seek to profit from the millions of Californians who are underwater in their mortgages, in foreclosure, or at risk of entering foreclosure.

Last year alone, there were foreclosure filings against 546,669 California homes. It is projected that between 2009 and 2012, a total of 2 million California homes will enter the foreclosure process. In the last year, the California Department of Justice has received thousands of complaints related to foreclosure scams, mortgage fraud, and mortgage servicing practices.

“The fingerprints of illegal activity are all over the foreclosure crisis,” said Paul Leonard, director of the California Office, Center for Responsible Lending. “The Attorney General’s effort marries the need to punish bad actors for the practices that brought our economy to the brink with the need to eliminate the scam artists who have since attempted to profit from it. Given the economic damage wreaked by foreclosures in California, this initiative is very welcome news.”

Attorney General Harris has long been dedicated to prosecuting mortgage fraud. In 2009, as District Attorney of San Francisco, she launched the first stand-alone district attorney’s mortgage fraud unit in California with $1.1 million from the U.S. Department of Justice.

If you are a homeowner who has been scammed, you can learn more or file a complaint online with the Attorney General’s office at: http://oag.ca.gov/consumers.

Four Prominent San Bernardino Figures Indicted for Conspiracy to Commit Bribery in Multimillion-Dollar Scheme

May 10, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN BERNARDINO, Calif. – Three men were arrested this morning in San Bernardino County in a $102 million bribery scheme. A fourth, former Supervisor Paul Biane, remains a fugitive from justice.

The four individuals were indicted yesterday by the San Bernardino County Grand Jury on 29 counts of conspiracy to commit bribery, misappropriation of public funds, improper influence, conflict of interest, and additional charges.

“When public officials act corruptly, every Californian is their victim,” said Attorney General Kamala D. Harris. “Let the San Bernardino indictments send a strong message that we will never tolerate this sort of abuse of the public trust.”

The indictments are the result of a combined effort by Attorney General Kamala D. Harris and San Bernardino County District Attorney Michael A. Ramos. Their two agencies jointly investigated the case and presented it to the grand jury, and will share in prosecution of the charges.

Turning themselves in to authorities for arrest this morning were Mark Kirk, former chief of staff for a member of the board of supervisors and current director of government relations in the county administrative office; James Erwin, former chief of staff for a member of the board of supervisors; and Jeffrey Burum, a general partner of Colonies Partners, L.P., a developer. The three were arrested and booked at Central Detention Center in San Bernardino.

Former Supervisor Paul Biane did not turn himself in after the indictment. Biane is also charged with misappropriation of public funds, filing a fraudulent tax return, perjury, filing a false instrument, and two counts of bribery.

Kirk is also charged with bribery, improper influence, forgery, filing a fraudulent tax return, willful failure to file a tax return, four counts of perjury, three counts of filing a false instrument, and four counts involving bribery.

Burum is also charged with four counts involving bribery.

The case is part of a continuing probe by both the Attorney General and the DA into corruption in San Bernardino County.

The current charges, according to the indictment, stem from a $102 million settlement approved by the Board of Supervisors in 2006 with the developer Colonies over flood control improvements on 434 acres of land in Upland. The indictment alleges that the defendants engaged in a corrupt scheme to obtain the settlement from the county.

Between January 2005 and November 2006, according to the indictment, that corrupt scheme included Burum influencing “members of the Board of Supervisors through a combination of threats, extortion, inducements and bribery, in order to secure their vote in favor of a settlement.”

Erwin joined the conspiracy, the indictment says, and conveyed threats and/or inducements from Burum to William John Postmus (then chairman of the Board of Supervisors), Biane and Kirk. Erwin agreed to accept money in exchange for influencing the votes of Postmus and Biane. Kirk agreed to accept money to influence the vote of another member of the board. And Postmus and Biane joined the conspiracy by agreeing to accept a bribe to approve the Colonies settlement.

The bribes were $100,000 each.

After Colonies received a substantial amount of the $102 million settlement, the indictment says, Burum distributed the agreed-upon bribes and payments to Postmus, Biane, Kirk and Erwin. The defendants used political action committees to conceal the bribes.

Postmus pleaded guilty in March to 14 felony counts, including conspiracy to accept a bribe and conflict of interest. He agreed to cooperate in the continuing investigation.

Attorney General Kamala D. Harris Announces $91 Million Settlement with Multinational Swiss Bank UBS AG

May 4, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO – Attorney General Kamala D. Harris today announced a $90.8 million national settlement, which includes some $6.3 million for California agencies, with the multinational Swiss bank UBS AG over allegations of anticompetitive and fraudulent conduct in the municipal bond derivatives industry.

“This financial fraud harmed school districts, cities, state agencies, and non-profit groups,” Attorney General Harris said. “The multi-million dollar settlement provides restitution to those victimized and sends a strong warning to anyone contemplating similar scams.”

California participated with federal agencies and 24 other states in the negotiations that led to today’s settlement. In addition to the approximately $6.3 million in restitution, California will be entitled to a share of the $2.5 million civil penalty and $5 million in investigation costs that UBS has agreed to pay.

Under the settlement, UBS agreed to pay back a total of $90.8 million to local and state agencies nationwide, as well as to non-profit groups, that had municipal bond derivative contracts with UBS, or used UBS as a broker, between 2001 and 2004. That restitution is part of a $160 million settlement package that includes federal agencies.

Municipal bond derivatives are contracts that tax-exempt issuers use to reinvest the proceeds of bond offerings until the funds are needed, or to hedge interest rate risk.

In 2008, a group of states began an investigation of allegations that certain large financial institutions, including national banks, insurance companies, brokers and swap advisors, engaged in various schemes to rig bids and commit other deceptive, unfair and fraudulent conduct in the municipal bond derivatives market.

The investigation, which is continuing, revealed collusive and deceptive conduct involving individuals at UBS and other financial institutions, along with certain brokers with whom they had working relationships. This conduct took the form of bid-rigging, submission of non-competitive courtesy bids and submission to government agencies, among others, of fraudulent certifications of compliance with U.S. Treasury regulations.

Regardless of the means used to perpetrate the schemes, the objective was to enrich the financial institution and/or the broker at the expense of the issuer, depriving the issuer of a competitive, transparent marketplace.

As a result of such this conduct, state, local and not-for-profit entities entered into municipal bond derivatives contracts on less advantageous terms than they would have otherwise.

Other states joining California in today’s settlement are Alabama, Colorado, Connecticut, District of Columbia, Florida, Idaho, Illinois, Kansas, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Tennessee and Wisconsin.

The Attorney General’s investigative team in the office’s antitrust section included Senior Assistant Attorney General Kathleen Foote; Supervising Deputy Attorney General Natalie S. Manzo; Deputy Attorneys General Paula Lauren Gibson, Winston Chen and Ben Labow; Annette Goode-Parker, senior legal analyst; and Sheila Rhoads, legal analyst.

As a part of the same investigation, California reached a $67 million multi-state settlement in December with Bank of America for illegal activity by some of its employees in investing the proceeds of municipal bonds. This activity amounted to bid rigging, price fixing, and other anti-competitive practices that defrauded state agencies, local governments and non-profit groups. California’s share was about $6 million.

Attorney General Kamala D. Harris Encourages Californians to Turn in Old Prescription Drugs

April 29, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – Attorney General Kamala D. Harris encourages Californians to participate in “Prescription Drug Take-Back Day” tomorrow by taking their expired, unwanted and unused prescriptions to an official drop-off center to ensure proper disposal.

National Prescription Drug Take-Back Day provides a safe alternative to fouling our lakes and rivers or creating a risk of prescription drugs falling into the wrong hands. Californians can bring prescription medications and over-the-counter tablets or capsules to any of the nearly 200 collection centers participating across the state. To search a list of drop-off locations, go to www.dea.gov and click on the “Got Drugs?” icon.

Collection centers are open on Saturday from 10:00 a.m. to 2:00 p.m. Many of the sites, which are staffed by law enforcement officials, are at local police stations. The medications will be destroyed following federal and state regulations.

Unused prescription drugs left sitting in a medicine cabinet contribute to drug abuse, especially among teenagers. In 2010, the Centers for Disease Control released a study showing that one out of five high school students in America abuses prescription drugs.

Other recent studies show that prescription drug abuse is soaring. The 2009 National Survey on Drug Use and Health found that there are some 6.2 million non-medical users of prescription drugs in the United States, and there are more Americans abusing prescription drugs than abusing cocaine, hallucinogens and heroin combined.

Approximately 3,000 state and local law enforcement agencies across the country participated in the first National Take-Back Day last year, when more than 121 tons of prescription drugs were collected.

The Attorney General’s office has been at the forefront of efforts to combat prescription drug abuse in California. In addition to costing the state millions of dollars each year, prescription drug abuse can have serious public safety consequences. Many abusers hold down regular jobs, including driving trucks, operating transit vehicles, and working in medical facilities.

Tomorrow’s Take-Back Day is an easy way to properly dispose of expired, unused, and unwanted prescription drugs. Prescription drugs are potentially dangerous if left in the medicine cabinet or thrown away – and should not be flushed down the toilet to end up in our waterways.

Attorney General Asks Court to Fine and Imprison "Tax Lady" Roni Deutch for Shredding Millions of Documents and Wrongfully Diverting Funds

April 20, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – Attorney General Kamala D. Harris today asked a Sacramento County Superior Court to hold “Tax Lady” Roni Deutch in contempt of court, imprison her for five days on each violation and fine her thousands of dollars for shredding millions of pages of documents and failing to pay refunds to her clients in violation of a court order.

“Deutch showed herself to be a predator for profit, preying on innocent, hard-working people who were simply hoping to settle their accounts with the IRS,” Attorney General Harris said. “By defrauding these victims, and then pleading poverty, she created a real danger that her clients will never receive their advance fees back.”

In August, the Attorney General filed a $34 million lawsuit against Deutch for swindling thousands of people facing serious and expensive tax collection problems with the IRS. On August 31, the court issued an order that prohibited Deutch from destroying evidence.

“Despite this order,” the Attorney General said in today’s action, “Deutch has been routinely shredding documents on an almost a weekly basis.” The Attorney General estimates that to date Deutch has shredded some 1,643,000 to 2,708,600 pages of documents. Deutch’s shredding campaign has permanently deprived the Attorney General of evidence needed to fully prosecute the action against her.

Deutch’s law firm, based in Sacramento County, had revenues of at least $25 million a year. She spent $3 million a year on advertising, much of it on late-night cable TV, and frequently offered tax advice on popular TV shows. In her pitches, she promised to significantly reduce the IRS tax debts of people who signed up with her firm. Instead, she took thousands of dollars in up-front fees from clients but offered little or no help in lowering their tax bills. Hundreds of clients complained to the Attorney General and other government agencies.

In addition to shredding documents, the Attorney General also charged that Deutch violated a November 17 preliminary injunction by failing to issue some $435,000 in refunds to her clients within 60 days. Instead she “decided to disperse funds to friends, family and other creditors. By draining her estate and that of the law firm, Deutch has placed her clients at serious risk of never receiving their refunds.”

For instance, Deutch opted to transfer hundreds of thousands of dollars in equity from the sale of her home to a media firm. She also personally withdrew $241,000 from the law firm’s accounts and her personal accounts at just one bank. In addition, since the preliminary injunction order was issued, Deutch made more than $21,000 in unnecessary expenditures, including gifts to family and friends, and a payment to a NASCAR racing team.

The Attorney General asked the court to fine Deutch $1,000 and imprison her for five days for each count of contempt, to immediately freeze Deutch’s personal assets, and to appoint a receiver to manage her law firm’s business operations.

Copies of the court filings are attached to the version of this press release found at ag.ca.gov.

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PDF icon Plaintiff memo Deutch823.7 KB

Attorney General Kamala D. Harris Sues California Funeral Directors for $14 Million Over Prepaid Funerals

April 18, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris today filed a lawsuit against one of the nation’s largest funeral trusts, which pooled the funds of more than 27,000 California consumers who prepaid for funerals for themselves or loved ones, charging that the organization engaged in conspiracy and kickbacks while illegally diverting some $14 million.

Attorney General Harris filed the suit, seeking a permanent injunction and restitution to consumers, against the California Master Trust, the California Funeral Directors Association, and other defendants in Los Angeles Superior Court. The suit was filed on behalf of the Cemetery and Funeral Bureau of the Department of Consumer Affairs, which regulates the funeral industry in California.

“The defendants preyed upon thousands of Californians at one of the most vulnerable times of their lives,” Attorney General Harris said. “This lawsuit will make sure their money goes where it was intended: to pay for their funerals or the funerals of loved ones.”

The trust, created in 1985 by the funeral directors, is a “preneed” funeral trust that pools the prepaid funeral payments of individual purchasers throughout California. It controls about $63.5 million.

By the end of 2009, some 27,000 California consumers who were customers of more than 300 funeral establishments, had entrusted funds with the organization for their own or loved ones’ funeral services. They were “among California’s most vulnerable and trusting consumers,” according to the suit.

Preneed funeral contracts are usually purchased by the elderly and paid in installments. Seven years elapse on average between a consumer’s purchase of a preneed contract and the beneficiary’s death.

The suit alleges that millions of dollars of consumers’ money paid to the trust was misspent or mismanaged, that defendants paid at least $4.6 million in illegal kickbacks to funeral homes, and that the defendants paid themselves excessive administrative fees.

The suit seeks an injunction to halt such illegal activities plus restitution of about $14 million with interest. It also seeks to wrest control of the trust away from the Funeral Directors Service Corp., a subsidiary of the California Funeral Directors Association, and place it under a new trustee, and seeks a full accounting of the trust’s financial transactions as well as the defendants’ financial transactions with the trust since 2000.

Many of the problems with the California Master Trust were uncovered in an extensive audit conducted by the Cemetery and Funeral Bureau and released in June 2010.

Prosecuting the case are deputy attorney generals Nancy Kaiser and Geoffrey Ward.

Consumers with questions can call the Cemetery and Funeral Bureau toll-free at 800-952-5210.

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Attorney General Kamala D. Harris Announces Convictions of Hucksters Who Stole $8 Million in a Phony Online Rewards Scheme

April 18, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

RIVERSIDE - Attorney General Kamala D. Harris announced that two men who stole millions of dollars through phony stock sales and an illegal pyramid scheme were convicted today on charges of grand theft and securities fraud.

James A. Sweeney, II, 64, of Afton, Tennessee, and Patrick M. Ryan, 35, of Canyon Lake, California, were found guilty on 65 counts of grand theft and securities fraud. The two men, who face a maximum of more than 20 years in state prison, will be sentenced June 14 in Riverside County Superior Court.

Sweeney and Ryan, co-founders of Riverside-based Big Co-op, Inc., stole approximately $8.2 million from more than 1,000 Californians through an illegal pyramid scheme and phony stock sales.

Big Co-op, also operating as Ez2Win.biz, purported to be an online shopping hub where consumers could go to purchase thousands of goods and services at discounted prices from big-name retailers including, Sears, Target and Macy’s.

Pyramid Scheme

Consumers were informed they could save money on their own purchases, plus earn commissions and rewards, by convincing others to shop at the site. In reality, consumers never received rebates or rewards. Instead, their monetary gains were based on recruiting others to purchase memberships, and having those purchasers recruit others to purchase memberships (and so on).

Individuals who were recruited paid Big Co-op between $19.95 and $99.95 in monthly membership fees for the rewards program.

From 2005 to 2006, Big Co-op generated $1.2 million in revenues through this pyramid scheme.

Phony Stock Sale

In addition to the pyramid scheme, the two men sold phony stock in Big Co-op as a stand-alone investment.

At seminars and meetings across California, Sweeney and Ryan pitched Big Co-op as the future of online commerce, compared it to Google and EBay, and falsely informed investors the company was turning huge profits. Investors were also told that an initial public offering (IPO) was imminent, and that when the company went public, the stock would double or triple and their investment could climb to well over $100 per share.

In reality, Big Co-op was never profitable, there was not an impending IPO, and the only significant revenue generated was as a result of the sale of phony stock and the payment of membership fees for the pyramid scheme.

Shares in the company were sold for $0.50 to $5.00, with two-for-one deals offered to investors willing to pay cash. From 2005 to 2006, Big Co-op took in more than $7 million from this scheme.

With investor cash, Sweeney and Ryan bought luxury homes, country club memberships, five Mercedes, and ran up $30,000 to $50,000 in monthly credit card bills. Investor funds were also used to pay for an elaborate bachelor party in Las Vegas, a $23,000 wedding ring and a $100,000 wedding.

In October 2006, after receiving numerous complaints, the California Department of Corporations issued two desist and refrain orders against Sweeney, Ryan and other associates directing them to cease selling stock in the company. In May 2007, a second order directed them to cease selling memberships in the company. Following the second order, the case was referred to the Attorney General’s office for prosecution.

The case was prosecuted by Deputy Attorney General Patricia M. Fusco, with assistance from lead investigator Andy Thomas.

The two men were charged in May 2009. A copy of the original complaint can be found at: http://oag.ca.gov/news/press_release?id=1749&p=3&y=2009

Attorney General Kamala D. Harris Encourages Donations to Japanese Relief Efforts But Warns of Charity Scams

March 16, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND -- Attorney General Kamala D Harris today encouraged Californians to make charitable donations to help victims of the devastating earthquake and tsunami in Japan but warned citizens to beware of scams posing as charities that sometimes prey on the goodwill of California donors during times of tragedy.

Attorney General Harris offers the following tips on how to give wisely if solicited to help disaster relief efforts, in order to assure that donations are used as the donor intends:

1. Carefully review disaster-relief appeals before giving. In times of disaster, many 'sound-alike' organizations and sham operations solicit donations.

2. Make sure the charity is registered in the Attorney General's Registry of Charitable Trusts. Registration does not guarantee that a charity is effective, but it is an important indicator. A searchable database is available at http://ag.ca.gov/charities.php.

3. Ask what percentage of your donation will be used for charitable activities that directly help victims.

4. Avoid donating through e-mail solicitations. Clicking on an e-mail may lead you to a website that looks authentic but is established by identity thieves seeking to obtain money or personal information.

5. Only provide your credit card information once you have reviewed all information from a charity and verified its credibility. Ask the organization not to store your credit card information.

6. Do not give cash. Write checks payable to the charitable organization, not a solicitor.

7. Take action on your own rather than responding to solicitations. Seek out known organizations and give directly, either by calling the organization, using the organization's official website, or mailing a check to the address listed on the organization's website.
The Attorney General's Office regulates charities and their for-profit fundraisers in order to prevent the misuse of charitable donations.

For additional tips on charitable giving, go to http://ag.ca.gov/charities/charit_giving.php. Information on national charities is available from the Better Business Bureau's Wise Giving Alliance at 800-575-4483 or www.give.org.

Californians who believe they or others have been victimized by fraudulent charitable solicitation can file a complaint online with the Attorney General's Registrar of Charitable Trusts at http://ag.ca.gov/charities.php.

Attorney General Kamala D. Harris and 37 Other Attorneys General Announce $68.5 Million Settlement Over Deceptive Marketing of Antipsychotic Drug

March 10, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – California Attorney General Kamala D. Harris and 37 other attorneys general today announced a $68.5 million settlement with AstraZeneca Pharmaceuticals for unfair and deceptive practices in its marketing of the antipsychotic drug Seroquel.

Today’s settlement is the largest multi-state settlement with a pharmaceutical company in history. California will receive more than $5.2 million, the largest share among the states in the consumer protection settlement.

“The health and well-being of patients should drive drug prescriptions in California, not the profits of a pharmaceutical company,” said Attorney General Harris. “This settlement puts an end to unscrupulous marketing practices and protects consumers from misguided, and potentially dangerous, treatment with Seroquel for uses the FDA has not approved.”

The complaint, filed today with the proposed judgment, alleges that AstraZeneca promoted Seroquel for unapproved uses, failed to adequately disclose potential side effects to health care providers, and withheld scientific studies that called into question the drug’s safety and efficacy.

Seroquel is an antipsychotic medication used to treat schizophrenia and bipolar disorder. It was approved by the Food and Drug Administration (FDA) for treatment of these conditions in adults, but AstraZeneca promoted the drug for children and the elderly to treat a variety of medical conditions, including anxiety, depression, post traumatic stress disorder, Alzheimer’s disease and dementia.

Doctors may prescribe medications for unapproved or “off-label” uses, but drug makers are prohibited from promoting drugs for treatment of medical conditions not approved by the FDA.

A three-year investigation, led by the attorneys general of Florida and Illinois, revealed that AstraZeneca also failed to adequately disclose side effects associated with Seroquel, including weight gain, hyperglycemia, diabetes and cardiovascular complications.

As part of today’s settlement, AstraZeneca agreed to not promote Seroquel in a false, misleading or deceptive manner, including for “off-label” uses. AstraZeneca is required to provide accurate and scientifically balanced responses to requests about off-label usage. The drug maker is also required to enact policies to ensure financial incentives are not given to salespeople for off-label marketing and post payments made to physicians on a website.

States joining California and the District of Columbia in today’s settlement include Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wisconsin.

Copies of the related documents are attached to the online version of this release at ag.ca.gov.

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PDF icon Stip Entry Final Judgment2.78 MB

Attorney General Kamala D. Harris Files Suit for $800,000 in Computer Kiosk Fraud Against African American Churches

February 28, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris filed a lawsuit today seeking restitution and civil penalties totaling $803,100 in a scam that defrauded 33 African American churches in Southern California. Promoters promised that the leased computer kiosks would enhance the experience of parishioners, but the scheme ended up creating big debts for the churches.

The Attorney General’s lawsuit, filed today in Los Angeles Superior Court, names Television Broadcasting Online, Ltd., Urban Interfaith Network, Willie Perkins, Michael Morris, Wayne Wilson, Tanya Wilson, Balboa Capital Corp., and United Leasing Associates of America, Ltd. It charges them with violations of the state’s unfair competition and false advertising laws, and seeks restitution, civil penalties and an injunction to prevent any further illegal activities.

“This was a cruel and hypocritical scheme,” said Attorney General Harris. “The perpetrators preyed on institutions of faith. Let this be a lesson to others who may look to defraud our community organizations: you will be caught and you will be held accountable.”

The Attorney General’s complaint states that defendants Television Broadcasting Online, Ltd., Urban Interfaith Network, Willie Perkins, and Michael Morris “engaged in a nationwide scam” in which they persuaded “195 African American churches in 15 different states to enter into expensive and onerous leases for shoddy computer equipment housed in wooden cabinets.” They promised the churches the kiosks would be free, advertisers would make the lease payments and the churches would be under no financial obligation.

By 2006, the scam reached California, where 33 African American churches were persuaded to enter into leases for the kiosks. Twenty-four of the churches are located in Los Angeles County, five in Riverside County and four in San Bernardino County.

Defendants Wayne and Tanya Wilson -- on behalf of Television Broadcasting Online, Ltd., Urban Interfaith Network, Willie Perkins and Michael Morris -- pitched themselves to the California churches, according to the Attorney General’s complaint, as representing “a business/religious entity, national in scope, with strong ties to both the African American community and enlightened corporate sponsors” that wanted to help this religious community. They said the computer kiosks would connect the churches and their parishioners to “national advertisers, government, businesses and even generate some revenue for themselves.”

When the churches failed to pay the monthly lease payments, Balboa and United filed collection suits, seeking full payment plus interest, attorneys’ fees and costs.

According to the Attorney General’s complaint, the leasing companies, Balboa and United, are liable because the other defendants were acting as their agents and because, even after the leasing companies learned of the misrepresentations, they failed to alert churches to the scam and vigorously continued to enforce the terms of the leases.

Wayne and Tanya Wilson live in Rancho Cucamonga. Balboa Capital Corp. is based in Irvine. United Leasing is based in Brookfield, Wisconsin. Urban Interfaith Network, Inc. and Television Broadcasting Online, Ltd. are based in Oxon Hill, Maryland. Perkins and Morris were convicted in Michigan of racketeering, conspiracy, and false pretenses in connection with the scam. Morris is serving 5 to 20 years, and Perkins is serving 4 to 20 years.

A copy of the complaint is attached to the press release at ag.ca.gov

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PDF icon Complaint4.76 MB