Cybercrime & Technology

San Diego –Attorney General Edmund G. Brown Jr. and San Diego District Attorney Bonnie Dumanis have filed 347 felony charges against dozens of members and associates of a San Diego street gang for stealing more than $500,000 from the Navy Federal Credit Union, using forged checks and an Indian Casino cash machine.

After obtaining personal account information and PIN numbers from paid-off credit union members, Lincoln Park Street Gang members would deposit counterfeit checks into the cooperating credit union member’s bank accounts, and then withdraw thousands of dollars from a cash machine at the Barona Casino, east of San Diego.

The filing of these charges is the culmination of a months-long investigation by the Attorney General, San Diego District Attorney, United States Secret Service Regional Fraud Task Force, and the San Diego Police Department Gangs Unit. Charges were filed against 60 individuals.

“Street thugs, operating like white collar criminals, devised an ingenious scam to bilk the Navy Federal Credit Union out of $500,000,” Brown said. “They recruited and paid off willing credit union members and manipulated financial rules to feed their criminal enterprise.”

"The size, scope and sophistication of this operation show us that criminal street gangs in San Diego are expanding their criminal enterprise into white collar crime,' San Diego County District Attorney Bonnie M. Dumanis said. 'As gangs move from street corner drug dealing to complex fraud, it's more important than ever that law enforcement from all levels continue to work together.'

Tuesday morning in the pre-dawn hours, more than 100 law enforcement officers fanned out across San Diego to take the defendants into custody as part of a multi-agency operation called “Bank Gig.”

The operation included agents from the U.S. Secret Service, San Diego Police Department gang detectives, San Diego District Attorney Investigators, the Economic Crimes Task Force, U.S. Postal Inspection Service, Navy Criminal Investigative Service, and Navy Federal Credit Union. Additionally, the Barona Tribal Government fully cooperated with the investigation.

Charges include: conspiracy, grand theft, money laundering, recruiting to commit a felony for a gang, forgery, unlawful sale of access card information, burglary, and gang enhancements.

The defendants are scheduled to be arraigned in San Diego Superior Court Dept. 11 on May 14 at 10:30 a.m. and 2:30 p.m. (220 W. Broadway). Some of the defendants could face up to 13 years in prison if convicted of all charges.

The Scheme
In 2005, Navy Federal Credit Union noticed a significant increase in fraud reports from young members reporting that their bank information and their PINs had been stolen. Credit Union officials reported the emerging pattern to the U.S. Secret Service, which launched an investigation.

The investigation uncovered that young credit union members were approached by a street gang member or associate and asked if they would like to make easy money. The credit union members would hand over their account information and PIN numbers.

The gang members would then deposit thousands of dollars of forged and counterfeit checks into the credit union member’s account and then immediately withdraw funds through a point-of-sale machine (similar to an ATM machine, but without low withdrawal limits) at the Barona casino. The account holder would file a police report and affidavit with the credit union in the hope that they would not be held responsible for the loss on their account.

FOR IMMEDIATE RELEASE
Contact: Gareth Lacy (916) 324-5500

Brown Sues To Topple Online Pyramid Scheme

LOS ANGELES--California Attorney General Edmund G. Brown Jr. today announced a lawsuit against YourTravelBiz.com for operating a 'gigantic pyramid scheme' that recruited tens of thousands of members with deceptive claims that members could earn huge sums of money through its online travel agencies.

“YourTravelBiz.com operates a gigantic pyramid scheme that is immensely profitable to a few individuals on top and a complete rip-off for most everyone else,” Attorney General Brown said. “Today’s lawsuit seeks to shut down the company’s unlawful operation before more people are exploited by the scam.”

YourTravelBiz.com and its affiliates operate an illegal pyramid scheme that only benefits members if and when they find enough new members to join the scam. Once enrolled, members who join the pyramid scheme earn compensation for each new person they enlist, regardless of whether they sell any travel. The company lures new members by offering huge income opportunities through online travel agencies yet the typical person actually makes nothing selling travel.

According to company records there were over 200,000 members in 2007 who typically pay more than $1,000 per year--$449.95 to set up an “online travel agency” with a monthly fee of $49.95. In 2007, only 38 percent of the company’s members made any travel commissions. For the minority of members who made any travel commission in 2007, the median income was $39.00--less than one month’s cost to keep the Website. There are at least 139,000 of the company’s travel Websites, all virtually identical, on the Internet.

YourTravelBiz’s extensive marketing materials include videos of people driving Porsches and other luxury cars, holding ten-thousand dollar checks, and claiming to be raking in millions of dollars in profits. The company advertises through its Website www.ytb.com, and at conventions, workshops and nationwide sales meetings which have been held in California locations such as Los Angeles, Sacramento, San Francisco and San Diego.

Brown charges the company, its affiliates, and the company’s founders J. Lloyd Tomer, J. Scott Tomer, J. Kim Sorensen and Andrew Cauthen with operating an “endless chain scheme,” an unlawful pyramid in which a person pays money for the chance to receive money by recruiting new members to join the pyramid. Brown also charges the company with unfair business practices and false advertising practices including:

* Deceptive claims that members can earn millions of dollars with the company
* Operating without filing legally mandated documents with the attorney general and the Department of Corporations
* Selling an illegal travel discount program

Under California’s unfair business practices statue, the company is liable for $2,500 per violation of law. Attorney General Brown is suing YourTravelBiz.com to get a court order that:

* Bars the company from making false or misleading statements
* Assesses a civil penalty of at least $15,000,000 and at least $10,000,000 in restitution for Californians who were ripped off by the company.

From August 6 through 10, thousands of members are preparing to travel to St. Louis for a national convention to learn new techniques to recruit more victims into the illegal pyramid scheme. Last year at least 10,000 people attended a similar national conference. For more details on the company’s plan to perpetuate its scheme visit: http://www.yourtravelbiz.com/bizRep/BizReports/BIZREPORT_07-18-08.htm

For more information on pyramid schemes visit: http://ag.ca.gov/consumers/general/pyramid_schemes.php

Consumers who believe they have been bilked by YTB should send a written complaint with copies of any supporting documentation to:

Office of the Attorney General
Public Inquiry Unit, P.O. Box 944255
Sacramento, CA 94244-2550

Or through an on-line complaint form: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL.

Today’s lawsuit against YourTravelBiz.com, filed yesterady in Los Angeles Superior Court, also names affiliates which include YTB Travel Network, Inc., YTB Travel Network of Illinois, Inc., as well as the company’s founders J. Lloyd Tomer, J. Scott Tomer, J. Kim Sorensen and Andrew Cauthen. For a copy of the lawsuit please contact the attorney general's press office: (916) 324-5500.

SAN DIEGO--California Attorney General Edmund G. Brown Jr. today announced that Theodore Swain, 60, was sentenced this morning to 24 years in state prison for running a $7 million Ponzi scheme that ripped off 100 investors in Southern California.

“This is the fourth time Swain has been caught ripping people off with his worthless investment schemes,” Attorney General Brown said. “Most recently, he convinced 99 consumers, including a doctor, lawyer and aerospace engineer, to invest tens of thousands of dollars in property which does not exist.'

Today, the Honorable Judge Charles Gill sentenced Theodore Swain to 24 years in state prison and ordered him to pay $6.7 million in victim restitution.

Swain used professional looking mass-mailings, directed at tens of thousands of people in southern California, to entice investors into conducting business with First Fidelity Assurance Corporation, based in San Diego.

Swain successfully tricked 99 consumers, between 2003 and 2006, into investing between $1,000 and $100,000 in mortgage certificates for properties which did not exist. Swain produced an elaborate and flashy looking investment prospectus, which promised 10% returns on real-estate projects requiring quick financing during the housing boom.

“This was a very convincing Ponzi scheme,” said Deputy Attorney General Tawnya Boulan who prosecuted the case jointly with the California Department of Corporations. “Swain was very persuasive and ripped off sophisticated investors by maintaining an appearance of success.”

Swain used cash from new investors to pay dividends to old investors, thereby perpetrating his fraud for several years. Swain never disclosed to investors that he had been convicted of grand theft three times and had previously filed for bankruptcy. Under California law, individuals selling investments must disclose any information which might factor into a consumer's decision on whether or not to invest.

Swain’s only source of revenue for the scheme was new investment capital from new investors. He strung people along for nearly three years, ripping off a total of $7 million. About $300,000 was occasionally returned to some investors as a way to convince them to stay involved in the fraudulent scheme and lend an air of legitimacy to the operation.

In 2006, Swain was arrested in New Mexico following an investigation by the California Department of Corporations. During the investigation, the attorney general obtained a court order to freeze $2 million in Swain’s assets and property, money which will be used as restitution for victims of the fraud.

In 2008, after a five-week trial, a San Diego jury found Swain guilty of 15 counts of fraud, 6 counts of grand theft, 3 counts of grand theft of an elder, and 6 counts of running a fraudulent securities scheme. The jury also imposed an excessive taking and white collar crime enhancements of $2.5 million.

“It is devastating when the financial well-being of California citizens falls into the hands of a con man that uses trickery and deceit,” said Sean Rooney, Senior Trial Counsel for the California Department of Corporations. “Today’s sentencing sends a message that swindlers like Theodore Swain will be thoroughly investigated and prosecuted under California law.”

The trial was jointly prosecuted by Deputy Attorney General Tawnya Boulan and Sean Rooney, Department of Corporations Counsel.

For more information on today’s sentencing please contact the California Department of Corporations at (916) 322-7180.

SAN FRANCISCO -- California Attorney General Edmund G. Brown Jr. today announced a “groundbreaking settlement” with AT&T Mobility (formerly Cingular) that will prohibit the cell phone carrier from charging customers for any calls made after their phones are lost or stolen. Brown alleged that the company violated California law, including Public Utilities Code section 2890, which bars phone companies from charging customers for unauthorized services.

“No cell phone company should profit from calls made by thieves or unauthorized users,” Brown said.

The agreement, a stipulated judgment filed today with the San Francisco Superior Court, requires the company to credit a customer’s bill or immediately investigate customer reports that the calls were made after the phone was lost or stolen. The company may only charge a customer if an investigation determines that the customer actually authorized the charges.

The judgment requires AT&T Mobility to inform each of their customers of their legal rights regarding lost or stolen phones. Under the agreement, AT&T must either credit the disputed charges or inform customers of their legal rights which include:

• The right to have the case investigated within 30 days
• The right to provide information showing a customer did not authorize the calls
• The right not to pay disputed charges during the investigation
• The right to appeal the outcome of an investigation to the California Public Utilities Commission

AT&T must notify customers--in writing--of these new requirements and assist customers to obtain credit for amounts already paid on lost or stolen phones, back to year 2003. AT&T will also pay the Attorney General's Office $500,000 for costs of the investigation and for the Unfair Competition Law Fund, administered by the California District Attorneys Association.

“This groundbreaking settlement makes AT&T the first cell phone company that has agreed to protect its customers from cell phone rip-offs and other unauthorized uses,” Brown said. “It is now time for the rest of the cell phone industry to step forward and follow AT&T’s example,” Brown added.

The Attorney General’s Office began the investigation in 2006 after several consumers complained they were being charged thousands of dollars for calls made on cell phones that were stolen. In one case, calls originated from Mexico, a country the customer had never visited. Although customers could fully document that the calls were unauthorized, AT&T refused to credit the accounts.

The law for cell phones is similar to that for credit cards: customers have a right to dispute unauthorized charges and request an investigation. Customers should not be held responsible for charges until the investigation concludes.

By entering into the agreement, AT&T does not admit it violated any laws or engaged in any wrongdoing. The state’s complaint and the agreement are attached.

LOS ANGELES – California Attorney General Edmund G. Brown Jr. today announced that the backlog of DNA samples collected from convicted felons—which stood at 295,000 in July 2006—has been eliminated.

At a news conference with Los Angeles District Attorney Steve Cooley, Brown said: “The state has the third largest DNA database in the world so eliminating the backlog is a major milestone in combating crime in California. The next phase—collecting DNA samples from all persons arrested for felonies in California—will begin January 1, 2009. I will use the full resources at my command to meet this challenging goal.”

Proposition 69, passed in November 2004, required all convicted felons to submit a DNA sample to the CAL-DNA Data Bank Program. In response, the Program immediately hired and trained new DNA analysts and started a statewide DNA sample collection training program. An executive order, requiring expedited DNA collection from all incarcerated felons and parolees resulted in a peak of 70,000 submissions in April of 2005—over twice the number received in the year prior to Proposition 69—for a total submission in 2005 alone of about 300,000 samples.

The Attorney General’s Office, in collaboration with the Governor, identified the critical need to eliminate the developing backlog. Utilizing existing personnel in a special overtime project, along with the validation and implementation of new methods, the Program boosted analytical capacity to over 40,000 DNA samples per month. Increased efforts to enhance recruitment and retention allowed CAL-DNA to find the trained analysts necessary to meet the next wave of Proposition 69 mandates—the implementation of the all-adult-felon-arrestee provision in January 2009—estimated at 390,000 submissions per year.

In 1990 CAL-DNA was established in the Division of Law Enforcement, Bureau of Forensic Services in DOJ; and in 1994 funding for sex offender collections was obtained. The expected number of offender DNA samples submitted at that time was 40,000 per year. After 10 years, the inclusion of violent felons and other qualified offenders in 2004 had expanded the database to about 300,000.

California Attorney General’s Office now has the third largest DNA Database in the world, just behind the United States as a whole and Great Britain. CAL-DNA has over 940,000 in the searchable database, known as the CAL-DNA Data Bank, as part of the National DNA Index System, which is operated and overseen by the Federal Bureau of Investigation Combined DNA Index System (CODIS) Unit.

CAL-DNA has to date reported over 5,000 offender hits, or linkages established by a common DNA profile between crime evidence and an offender in the database. These hits continue to solve crimes and improve public safety.

A press release with charts is attached.

SACRAMENTO – California Attorney General Edmund G. Brown Jr. today announced a $3 million settlement with America Online (AOL), one of the nation’s largest Internet service providers. The prelitigation settlement, entered into by California, the District of Columbia and 47 other states, resolves complaints that AOL failed to disclose terms and conditions of paid service and made it extremely difficult for consumers to cancel their AOL pay services. Under today’s agreement AOL will make a number of improvements including: easier cancellation procedures, improved billing disclosures and commitment to refunding unauthorized charges.

Historically, AOL’s primary service has been dial-up Internet access, typically offered through a free trial offer that requires consumers to cancel their accounts to avoid a monthly membership fee. AOL announced in August 2006, that it would begin limiting its role as an Internet access provider and start allowing customers to convert to free e-mail accounts.

California Attorney General Edmund G. Brown Jr. said: “Today’s agreement will minimize the potential for consumer confusion during the transition to free e-mail accounts.”

Prior to this settlement, AOL only allowed customers to cancel their service by fax, mail or telephone. The majority of consumers called AOL directly and wound up speaking with service representatives who earned rewards, in some cases up to $3000 per month, for persuading customers not to terminate service. Consumers complained that this practice of trying to “save” customers made cancellation extremely difficult if not impossible.

Today’s settlement puts strict limitations on the practice of “saving” customers and requires recording and verification of these telephone calls. In addition, consumers are now able to easily cancel service online at: http://cancel.aol.com.

Today’s settlement also requires AOL to change confusing billing practices. AOL will clearly disclose how terminated accounts are reactivated and the customer must now resubmit any payment information before AOL can reactivate a paid service. The company will also clearly disclose the exact charge that will be placed directly on a customer’s monthly telephone bill. AOL will also revise its practice of allowing consumers to create “spin off” accounts, which are additional paid accounts for AOL service that stem from one original membership. Under the settlement, these accounts can now only be created over the telephone and customer service agents must completely disclose the exact additional cost of creating a “spin off” account.

The agreement also requires AOL to give refunds to consumers who complained of unauthorized charges for AOL service. If a consumer can show AOL billing after a cancellation attempt, AOL will refund those charges. The company will continue cooperating with the state to resolve outstanding complaints and continue refunding consumers for unauthorized charges.

The California Attorney General's Office was on the executive committee that led the negotiated agreement. Other participants in today’s settlement include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, West Virginia Wisconsin, and Wyoming, the Commonwealths of Kentucky, Massachusetts, Pennsylvania and Virginia, and the District of Columbia.

Under the settlement, AOL must provide a proper mailing address, fax number, and e-mail address where consumer complaints may be forwarded. Consumers who believe they have been charged by AOL for unauthorized service may contact the Attorney General’s Public Inquiry Unit to make a complaint. Complaints may be made in writing to: Public Inquiry Unit, Attorney General's Office, Attn: P.O. Box 944255, Sacramento, CA 94244-2550, or by using the online consumer complaint form: http://ag.ca.gov/contact/complaint_form.php?cmplt=CL

The settlement agreement is attached.