Law Enforcement

Attorney General Kamala D. Harris Issues Comprehensive Report on Transnational Organized Crime in California

March 20, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES - Attorney General Kamala D. Harris today issued the first comprehensive report analyzing the current state of transnational criminal organizations (TCOs) in California and the threats they pose to the state’s public safety and economy. The report also sets forth recommendations to combat the increasingly complex issue of transnational organized crime in California.

“The growth of transnational criminal organizations seriously threatens California’s safety and economic well-being,” Attorney General Harris said. “State and local law enforcement officers are on the front lines of this fight every day. Our response must include sustained funding for their work and strong coordination at all levels of government.”

This new report, Gangs Beyond Borders: California and the Fight Against Transnational Organized Crime, addresses the three emerging pillars of transnational criminal activity: the trafficking of drugs, weapons and human beings; money laundering; and high-tech crimes, such as digital piracy, hacking and fraud.

The report highlights the work of law enforcement to date in combatting transnational crime and details major strides that have already been made to stop this violent, insidious threat. It analyzes how transnational criminal organizations are innovating, and outlines recommendations to adapt to new challenges, including stricter laws targeting TCO leaders, sustained funding for law enforcement, and strong collaboration between federal, state, local and international governments.

The report is a result of extensive research and consultation with federal, state, and local law enforcement, non-governmental organizations and academia.

The full report can be viewed here: https://oag.ca.gov/transnational-organized-crime

Highlights from Gangs Beyond Borders:

  • Mexico-based transnational criminal organizations traffic 70% of imported methamphetamine through the San Diego port of entry alone. California is the primary source of methamphetamine nationwide.
  • The Sinaloa Cartel is the most dominant Mexico-based drug trafficking organization operating in California and is responsible for trafficking most of the Mexico-produced marijuana, methamphetamine, heroin and cocaine through Tijuana into California.
  • Transnational criminal organizations are using new technologies like social media to facilitate criminal activity, recruitment, intimidation and harassment.
  • Breaches of computer networks by TCOs have increased since 2009 and many originate from organizations based in China, Russia, Romania, and Nigeria, among other countries.
  • Last year, California state drug task forces disrupted 140 drug, money laundering and gang organizations, arrested nearly 3,000 individuals, rescued 41 endangered children, confiscated 1,000 weapons and seized nearly $28.5 million in anti-narcotic law enforcement actions.

The comprehensive report presents the following recommendations:

  • The California legislature should amend state law to target the leaders of transnational criminal organizations operating in California.
  • Federal, state, and local law enforcement should use California’s State Threat Assessment System as a central hub for sharing information about transnational crime.
  • Federal, state, and local authorities should establish a unified maritime task force and associated radar network to counter maritime smuggling operations along California’s coastline.
  • The Legislature and Governor should fund five additional Special Operations Units across California.
  • Federal, state, and local law enforcement agencies should increase operational coordination in combatting transnational criminal organizations
  • State and local authorities should develop public-private partnerships to leverage technology against transnational crime.
  • Businesses should adopt industry best practices designed to protect against cybercrime.
  • The Legislature should amend California law to enable prosecutors to temporarily freeze the assets of transnational criminal organizations and their gang associates before the filing of an indictment.
  • The Legislature should strengthen California’s prohibition against financial transaction “structuring.”
  • California prosecutors need advanced training to combat sophisticated money laundering schemes.
  • State authorities should partner with their Mexican counterparts to share intelligence and disrupt the illicit flow of money across the border.

Next week, Attorney General Harris will lead a delegation of state attorneys general to Mexico to strengthen working relationships between the governments of both countries and enhance efforts to combat transnational crime. The delegation will meet with Mexican state attorneys general and federal officials to discuss the issues of drug, human and firearms trafficking, money laundering and high-tech crime.

The Attorneys General will travel to Mexico City from March 24 through the 26. The delegation includes California Attorney General Kamala D. Harris, Colorado Attorney General John Suthers, Florida Attorney General Pam Bondi, Nevada Attorney General Catherine Cortez Masto and New Mexico Attorney General Gary King.

In 2012, Attorney General Harris released a report, The State of Human Trafficking in California, which outlined the growing prevalence of the crime of human trafficking in the state, the increasing involvement of sophisticated transnational gangs in perpetrating the crime and the modern technologies that traffickers use to facilitate it. (link http://www.oag.ca.gov/human-trafficking/2012 )

Attorney General Kamala D. Harris Tours U.S.-Mexico Border, Meets with Local and Federal Officials

March 18, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN YSIDRO -- Attorney General Kamala D. Harris was joined by San Diego County District Attorney Bonnie Dumanis and U.S. Customs and Border Patrol officials to tour the San Ysidro Port of Entry (POE)— the busiest land border crossing in the Western Hemisphere and a hotspot for the importation of illegal narcotics.

"California’s proximity to Latin America fuels our economy but makes us a target for transnational crime,” Attorney General Harris said. “The San Ysidro Port of Entry is vital to California's commerce and our fight against transnational criminal organizations—but a smart response must look past our state border. For this reason I am leading a bipartisan delegation of state attorneys general to Mexico to strengthen cross border coordination and communication." 

Attorney General Harris’ tour of the U.S.-Mexico border comes a week before she will lead a delegation of state attorneys general to Mexico to strengthen working relationships between government officials in both countries and enhance efforts to combat transnational crime.

Every day, more than 50,000 vehicles and 25,000 pedestrians enter the United States through the San Ysidro POE, and each year this port of entry processes more than $200 million in U.S. exports. The San Ysidro POE is also a hotspot for the importation of illegal narcotics; with 70 percent of the U.S. supply of methamphetamine entering through this port by Mexico-based transnational criminal organizations. 

Currently, the Attorney General’s office operates three San Diego-based programs along the U.S.-Mexico border including the Foreign Prosecution and Law Enforcement Unit, the California Anti Money Laundering Alliance Team and the San Diego Regional Pharmaceutical Narcotic Enforcement Team.

On Thursday, March 20, Attorney General Harris will release a comprehensive report detailing the current impact of transnational criminal organizations on California. The report will also include recommendations to address the threat of transnational crime in California.

After issuing the report, Attorney General Harris will lead a delegation of state attorneys general to meet with Mexican state attorneys general and federal officials to discuss the issues of drug, human and firearms trafficking, financial crimes and cybercrimes.

The attorneys general will travel to Mexico City from March 24 through the 26. The delegation includes California Attorney General Kamala D. Harris, Colorado Attorney General John Suthers, Florida Attorney General Pam Bondi, Nevada Attorney General Catherine Cortez Masto and New Mexico Attorney General Gary King.

Specifically, the delegation will meet with government officials to increase mutual strategic support to combat the problems of international money laundering, intellectual property violations and distribution of counterfeit goods, and the adoption of technology to combat human trafficking, cybercrime and child pornography distribution. 

The first trip Attorney General Harris took upon assuming office in 2011 was to Calexico in Imperial County, where she toured a drug smuggling tunnel along the California-Mexico border.

In 2012, Attorney General Harris and then-Mexico Attorney General Marisela Morales Ibáñez signed an accord agreeing to expand prosecutions and secure convictions of criminals who engage in human trafficking. The agreement also included an increase in coordination of law enforcement resources targeting transnational gangs across the California-Mexico border.

In 2012, Attorney General Harris also released a report, The State of Human Trafficking in California, at a symposium also attended by then-Mexico Attorney General Marisela Morales Ibáñez. The report outlined the growing prevalence of the crime of human trafficking in California, the increasing involvement of sophisticated transnational gangs in perpetrating the crime, and the modern technologies that traffickers use to facilitate it. That report is available here: http://www.oag.ca.gov/human-trafficking/2012.

Attorney General Kamala D. Harris to Lead Delegation of State Attorneys General to Mexico

March 17, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris will lead a delegation of state attorneys general to Mexico to strengthen working relationships between government officials in both countries and enhance efforts to combat transnational crime. The delegation will meet with Mexican state attorneys general and federal officials to discuss the issues of drug, human and firearms trafficking, financial crimes and cybercrimes. 

“The fight against transnational crime requires a unified response across state and international borders,” Attorney General Harris said. “This bipartisan delegation of attorneys general will travel to Mexico to strengthen the cross-border coordination and communication that is vital to ending this violent, insidious issue. I thank my colleagues for joining me to address this serious threat to California and the United States.”

The delegation trip is a result of work by the Attorneys General Consortium to Fight Transnational Organized Crime, and is organized with the assistance of the Conference of Western Attorneys General.

The attorneys general will travel to Mexico City from March 24 through the 26. The delegation includes California Attorney General Kamala D. Harris, Colorado Attorney General John Suthers, Florida Attorney General Pam Bondi, Nevada Attorney General Catherine Cortez Masto and New Mexico Attorney General Gary King.

The attorneys general will meet with Mexican state and federal officials to discuss mutual cooperation in areas of technology, information sharing and prosecution coordination.

Specifically, the delegation will meet with government officials to increase mutual strategic support to combat the problems of international money laundering, intellectual property violations and distribution of counterfeit goods, and the adoption of technology to combat human trafficking, cybercrime and child pornography distribution.

The delegation will meet with:

  • Mexico Attorney General Jesus Murillo Karam
  • President of the National Banking Commission Jaime Gonzalez Aguade
  • Secretary of Economy Ildefonso Guajardo
  • General Director of the Mexico Institute of Industrial Property Miguel Margain
  • State attorneys general from Sonora, Baja California, Chihuahua, Campeche, Distrito Federal, Zacatecas and Jalisco

Before leading the delegation to Mexico, Attorney General Harris will:

  • Meet with federal officials on Tuesday, March 18 to tour the San Ysidro Port of Entry—the busiest land border crossing in the Western Hemisphere and a hotspot for the importation of illegal narcotics.
  • Release a comprehensive report on Thursday, March 20 detailing the current impact of transnational criminal organizations on California. The report will also include recommendations to address the threat of transnational crime in our state.

Details on these two events to follow via Media Advisory.

“Education and collaboration is key to the success of government organizations,” said Nevada Attorney General Masto. “I am honored to assist in exchanging information about practices on human trafficking, drugs, and organized crime.”

“It's an honor to continue assisting our Mexican peers as they work to transition their justice system,” said Colorado Attorney General John Suthers. “These meetings allow us to share best practices that advance key law enforcement priorities related to transnational organized crime.”

“It is important for New Mexico that I continue our long established working relationship with Mexico to improve border security; combat drug and human trafficking; reduce border violence, and other issues.  I remain committed to ensuring that New Mexico continues to be a leader in efforts to make our borderlands safer and improve the quality of life on both sides,” New Mexico Attorney General King said.

Last year, Attorney General Harris convened a meeting of western Attorneys General to propose the creation of a working group to combat transnational crime. This working group, the Attorneys General Consortium to Fight Transnational Organized Crime, is currently coordinating state-level policy leadership on civil and criminal enforcement strategies against transnational crime by creating uniform legislation that allows bringing civil forfeiture actions against traffickers and focusing on threats from specific transnational criminal organizations (TCOs). The group is also coordinating regular data and intelligence-sharing on TCO activity that includes the creation of an inventory of the work that state offices are doing and identifying areas where mutual assistance could strengthen investigations.

In 2012, Attorney General Harris and then-Mexico Attorney General Marisela Morales Ibáñez signed an accord agreeing to expand prosecutions and secure convictions of criminals who engage in human trafficking. The agreement also included an increase in coordination of law enforcement resources targeting transnational gangs across the California-Mexico border.

In 2012, Attorney General Harris also released a report, The State of Human Trafficking in California, at a symposium also attended by then-Mexico Attorney General Marisela Morales Ibáñez. The report outlined the growing prevalence of the crime of human trafficking in California, the increasing involvement of sophisticated transnational gangs in perpetrating the crime, and the modern technologies that traffickers use to facilitate it. That report is available here: http://www.oag.ca.gov/human-trafficking/2012. 

Note: Credentialed media interested in covering the delegation should contact Attorney General Harris’ press office at 415-703-5837 or Nicholas.pacilio@doj.ca.gov.

 

Attorney General Kamala D. Harris Announces 2 Arrests and Seizure of 400 Firearms

March 12, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris today announced the seizure of over 400 firearms and the arrest of two individuals who allegedly trafficked illegal firearms.

“California has laws that regulate the sales and purchase of firearms. These individuals broke the law by illegaly selling firearms for personal profit,” Attorney General Harris said. “The trafficking of firearms is a serious threat to public safety, and they will face serious consequences.”

Suspects Alvin Seal, 67, of Oildale (Kern County), and Erik Stoffel, 39, of Apple Valley (Riverside County) were arrested and taken into custody yesterday and booked into San Bernardino County Jail on charges of sale of an assault weapon, sale of a large capacity magazine and sale to a prohibited person. Seal remains in custody on $50,000 bail while Stoffel made bail this morning.

On Tuesday, March 11, agents with the California Department of Justice executed three search warrants at three locations at 13483 Cronese Rd., Apple Valley, 329 Beardsley Ave., Oildale, and 309 Beardsley Ave., Oildale.

The search of the three locations resulted in the seizure of over 350 firearms (handguns, rifles and assault weapons), two WWII-era grenades and one mortar round. At the time of the arrests the suspects were also in possession of an additional 50 firearms.

The arrests and seizures are the result of a investigation conducted by the California Attorney General’s Office that began in early 2014. According to investigative documents, Seal was an official vendor selling firearms at California gun shows and Stoffel was a co-conspirator during Seal’s attempts to complete firearms transactions at gun shows without going through a licensed firearms dealer, as required under state law. These transactions included assault weapons, which are banned in California. Over the course of the investigation, Seal and Stoffel illegally sold multiple firearms, including banned assault weapons, to undercover agents with the California Department of Justice.

The California Department of Justice was assisted in this operation by the California Highway Patrol and the Kern County Sheriff’s Department.

Photos of the guns seized are attached to the electronic version of this release at: https://oag.ca.gov/news

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Attorney General Kamala D. Harris Appeals Ninth Circuit Concealed Weapons Permit Ruling

February 27, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Attorney General Kamala D. Harris today filed a petition in the Ninth Circuit Court of Appeals, on behalf of the State of California, urging the court to review and reverse its decision in Peruta v. County of San Diego.

In its February 13, 2014 Peruta decision, the Ninth Circuit ruled that San Diego County violates the Second Amendment by requiring individuals to show “good cause,” beyond a mere desire to carry a gun, when applying for a concealed-carry weapons permit.

“Local law enforcement must be able to use their discretion to determine who can carry a concealed weapon," Attorney General Harris said. "I will do everything possible to restore law enforcement's authority to protect public safety, and so today am calling on the court to review and reverse its decision."

California state law currently requires individuals to show "good cause" to carry a concealed weapon, but gives local law enforcement control over the permit process. If the Ninth Circuit’s ruling is allowed to take effect, officials throughout the State could be required to issue concealed-carry permits to individuals based on nothing more than the applicant’s assertion that they wish to carry a gun for self-defense.

In San Diego County, concealed-carry permit applicants have, until now, been required to show “good cause” by demonstrating “a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm’s way.”

On February 21, 2014 San Diego Sheriff Bill Gore announced he would not seek further review of the Ninth Circuit’s ruling. 

The copy of the filings is attached to the electronic version of this release at: https://oag.ca.gov/news

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Attorney General Kamala D. Harris Issues Guide for Small Businesses to Protect Against Cyber Attacks, Data Breaches

February 27, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today issued recommendations to California businesses to help protect against and respond to the increasing threat of malware, data breaches and other cyber risks.

"My office issued this guide to support California’s businesses and ensure a robust economy,” Attorney General Harris said. “Technology has created new opportunities and new risks for California businesses, including cyber attacks. This guide offers specific, straightforward recommendations to help businesses continue to thrive by reducing cyber security risks to employees and customers.”

The guide, Cybersecurity in the Golden State, provides recommendations focused on small to mid-sized businesses, which are particularly vulnerable to cybercrime and often lack the resources to hire cybersecurity personnel. In 2012, 50% of all cyber attacks were aimed at businesses with fewer than 2,500 employees and 31% were aimed at those with less than 250 employees.

Click here to view Cybersecurity in the Golden State: https://oag.ca.gov/cybersecurity

The guide is a product of a collaborative effort between the California Attorney General’s office, the California Chamber of Commerce and Lookout, a mobile security company.

“Prevention is the best medicine. Not only does the guide provide useful information to reduce the threat of cybercrime, it highlights the need to be proactive in preventing data breaches. This is good for California businesses and consumers,” said Allan Zaremberg, President and CEO of the California Chamber of Commerce.

“Security should not be viewed as a technology problem; it needs to be viewed as a business problem. If companies take a more proactive approach to security, they mitigate issues related to cyber risk,” said Kevin Mahaffey, co-founder and CTO at Lookout. “We’re happy to collaborate with Attorney General Harris to identify the steps businesses can take to improve their security practices -- for companies of all sizes.”

Key Recommendations for small business owners:

  • Assume you are a target and develop an incident response plan now.
  • Review the data your business stores and shares with third parties including backup storage and cloud computing. Once you know what data you have and where it is, get rid of what is not necessary.
  • Encrypt the data you need to keep. Strong encryption technology is now commonly available for free, and it is easy to use.
  • Follow safe online practices such as regularly updating firewall and antivirus software on all devices, using strong passwords, avoiding downloading software from unknown sources and practicing safe online banking by only using a secure browser connection.

In 2003, California was the first state to pass a law (AB 700) mandating data breach notification, which requires businesses and state agencies to notify Californians when their personal information is compromised in security breach. In 2012, companies and state agencies subject to the law were required for the first time to report any breach that involved more than 500 Californians to the Attorney General’s Office (SB 24). That first year, The Attorney General’s office received reports of 131 data breaches, which placed the personal information of an estimated 2.5 million Californians at risk. More information is available here: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-releases-report-data-breaches-25-million

Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute cyber crimes such as hacking, theft of intellectual property, identity theft, on-line fraud and extortion and identity theft. Attorney General Harris also established the office’s Privacy Enforcement and Protection Unit in 2012 to enforce federal and state privacy laws regulating the collection, retention, disclosure, and destruction of private or sensitive information by individuals, organizations, and the government.

Attorney General Kamala D. Harris Announces Seven Arrests in $6.2 Million Mortgage Fraud Scam

February 26, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN BERNARDINO -- Attorney General Kamala D. Harris today announced the arrest of seven suspects who have been charged in a mortgage fraud scheme that defrauded more than 1,550 Inland Valley homeowners seeking loan modification services during California’s foreclosure crisis.

The felony complaint alleges that Nehad “Nick” Ayyoub Ayyoub, 57, of San Bernardino and president of The Firm Loans, Insurance and Investments Inc. and First Choice Debt Solutions Inc., along with his six colleagues, Ghydan Ayyoub Rabadi, 38, of Los Angeles, Zaid Rabadi, 49, of Los Angeles, James Clemons, 55, of Riverside County, Wissam Ismail, 32, of Riverside County, Eddie Mercado, 57, of San Bernardino, and Majid Safaie, 60, of Orange County, deceived homeowners by illegally charging up-front payments for loan modification services and lying about the services they provided.

“These individuals profited from the fear and desperation of hard working Californians who were simply fighting to keep their homes during the height of our state’s foreclosure crisis,” Attorney General Harris said. “This kind of predatory activity is reprehensible.”

The suspects are charged in a 24 count complaint of felony grand theft, personal and corporate income tax evasion and conspiracy. The suspects were booked at Murrieta Detention Center, Orange County Jail, Rancho Cucamonga Jail and Azusa Police Department today. Ayyoub is being held with bail set at $75,000 and all others are being held with bail set at $50,000. Ayyoub is facing a maximum exposure of 12 years in prison while his colleagues are facing a maximum exposure of 8 years.

According to court filings, Ayyoub and his colleagues took advantage of homeowners who were desperate to lower their mortgage payments by selling them home loan modification services and requiring payment of up-front fees. Homeowners were falsely told that attorneys would be negotiating their loan modifications, that they would get a loan modification with no risk of failure, that they would receive a refund if they were dissatisfied and that the suspects had special contacts with lenders, which would give them an advantage in obtaining lowered monthly payments.

Homeowners were instructed to stop paying their mortgage and to instead give the money to Ayyoub and his colleagues to ensure that they would obtain a loan modification, causing many victims to default on their home loans without obtaining a modification, according to court filings.

The suspects operated this scam from January 2007 to March 2010, according to court filings.

Attorney General Harris’ Mortgage Fraud Strike Force began investigating this case in 2010 yet business records were immediately sealed until September 2012 when Safaie’s claim of attorney client privilege was overruled.

Homeowners who feel they may have been victimized should file an online complaint with the California Attorney General’s Office: http://oag.ca.gov/consumers

Agents with the California Attorney General’s Bureau of Investigations were assisted by investigators with the State Franchise Tax Board.

Created in May 2011 by Attorney General Harris, the Mortgage Fraud Strike Force continues to lead the charge in investigating and prosecuting misconduct at all stages of the mortgage process.

In February 2012, Attorney General Harris secured a commitment from the nation’s five largest banks which has resulted in more than $20 billion for struggling California homeowners. Following the settlement, Attorney General Harris sponsored the California Homeowner Bill of Rights, a landmark package of legislation that restricts dual-track foreclosures, guarantees struggling homeowners a reliable point of contact at their lender and imposes civil penalties on fraudulently signed mortgage documents. In addition, homeowners may require loan servicers to document their right to foreclose. This legislation was signed by Governor Brown in July 2012 and took effect on January 1, 2013.

Please note that a complaint contains only allegations against a person and, as with all defendants, those named here must be presumed innocent unless and until proven guilty.

A copy of the complaint can be found attached to the electronic version of this release at: https://oag.ca.gov/news

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Attorney General Kamala D. Harris Announces Arrest of Revenge Porn Operator in Oklahoma

February 14, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris today announced the arrest of the alleged owner and operator of a revenge porn website who facilitated the posting of more than 400 sexually explicit photos of Californians and extorted victims for as much as $250 each to remove the illicit content.

Casey E. Meyering, 28, of Tulsa, Oklahoma was arrested yesterday in Tulsa by agents with the California Attorney General’s eCrime Unit, the Rohnert Park Department of Public Safety and the Tulsa Police Department. The Attorney General’s Office is seeking a Governor's warrant for Meyering’s extradition to California, and he remains in custody pending the extradition hearing. According to documents filed in Napa County Superior Court, Meyering has been charged with 5 felony extortion counts.

“This behavior is the very definition of predatory and this website made a game out of humiliating victims for profit,” Attorney General Harris said. “These actions at their core are about one individual exploiting the privacy and trust of others for financial gain. We will continue to investigate and prosecute those who participate in these deplorable and illegal activities.”

Court documents allege that in 2013, Meyering owned and administered the website WinByState.com, which solicits the anonymous, public posting of private photographs containing nude and explicit images of individuals without their permission. Commonly known as revenge porn, the photos maybe obtained consensually by the poster during a prior relationship, or are stolen or hacked.

The investigation into WinByState.com began when a Northern California hacking victim discovered nude photos of herself on this site that had been stolen from her computer, according to court documents. Described as “a user supported website where you can trade your ex-girlfriend, your current girlfriend, or any other girl that you might know,” WinByState.com solicited uploaders to identify their “wins” according to city and state, sometimes using the victim’s complete or partial name. There were over 400 postings in the California forum, and at least one victim was under 18 at the time the photographs were taken, according to court documents.

Court documents also allege that WinbyState.com required victims to pay $250 via a Google Wallet account to remove posted photographs. The account was named TakeDownHammer, and was registered to Meyering at a non-existent Beverley Hills storefront. Law enforcement agents purchased a “takedown” for one the victims in Napa, and traced the funds to Meyering’s bank account in Tulsa, where surveillance footage from the bank identified him withdrawing money from the account.

The California Attorney General’s Office is currently working with GoDaddy.com to suspend the website pending the investigation and identification of additional victims.

In December of last year, Attorney General Harris announced the arrest of Kevin Christopher Bollaert, 27, of San Diego, who operated the revenge porn website ugotposted.com. He was charged with 31 felony counts of conspiracy, identity theft and extortion and is currently awaiting trial.

Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cybercrimes and other crimes involving the use of technology.

Individuals who feel they are victims of WinByState.com or other revenge porn websites should file a complaint with the California Attorney General’s office here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.

Please note that a complaint contains only allegations against a person and, as with all defendants, Casey E. Meyering, must be presumed innocent unless and until proven guilty.

Attorney General Kamala D. Harris Busts Statewide, Multi-Million Dollar Housing Scheme

January 15, 2014
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

FRESNO – Attorney General Kamala D. Harris today announced the arrest of five individuals who allegedly ran a statewide housing scheme by using adverse possession laws to fraudulently seize at least 23 homes in nine counties.

“It is reprehensible that these individuals lied to the courts in order to steal homes and in some cases to demand payment from the rightful owners,” Attorney General Harris said. “The conduct of the attorneys in this scheme is even more offensive because they violated their ethical duty to be honest to the courts. I am pleased that my mortgage fraud strike force, together with our state and local partners, continue to investigate and prosecute these crimes against our people and our economy."

Sandra Elaine Barton, 30, Christopher Spencer Barton, 31, Daniel Paul Vedenoff, 29, Sheldon W. Feigel, 50, and Craig Merrill Mortensen, 60, all of Fresno, were arrested today and charged with 288 felony counts including perjury, filing false court records and preparing false evidence. Cambria Lisa Barton, 21, remains at large.

All were booked into the Fresno County Jail on bail ranging from $27,500 to $1,795,000 and face restitution payments of at least $3.5 million.

According to the Attorney General’s filing, the Barton family, along with Vedenoff, Sandra Barton’s boyfriend, allegedly worked with two lawyers, Mortensen and Feigel, to identify seemingly abandoned residential properties and file for adverse possession of the property in court in order to obtain title. Once a Barton family member obtained ownership, the property would then allegedly be restored and was typically sold or rented.

Under California law (Code of Civil Procedure 325), an individual can claim adverse possession of real property if he or she has occupied or claimed it continuously for at least five years and paid property taxes for that period of time, among other requirements.

According to the Attorney General’s filing, since 2006, Barton family members and their attorneys allegedly provided factually impossible and knowingly fraudulent evidence and statements in court under penalty of perjury in order to obtain at least 23 residential properties in nine counties. These counties include: Fresno, Kern, Los Angeles, Madera, Merced, Santa Barbara, San Mateo, Sonoma and Tulare.

The alleged scheme was uncovered when Nancy Zelepsky, the true owner of a residence in Santa Barbara County, sought an equity loan in 2010 and contacted a title company in order to determine if there were any liens against her property. Zelepsky was notified that Sandra Barton had been listed as the deed holder of the home in July of that year through documents filed by Mortensen. After seeking assistance from the Legal Aid Foundation of Santa Barbara County, a court determined that Sandra Barton’s prior claim to the property was fraudulent and restored ownership to Zelepsky. The court then notified the California State Bar regarding Mortensen and the California Attorney General’s office opened an investigation in June 2011.

This case was headed by Attorney General Harris’ Mortgage Fraud Strike Force, which was created in May 2011 to investigate and prosecute misconduct at all stages of the mortgage process.

Sandra Barton faces a maximum state prison sentence of approximately 103 years, Mortensen faces 108 years, Feigel faces 15 years, Christopher Barton faces 7 years and Vedenoff faces 8 years.

The Attorney General’s Office was assisted in this case by the State Bar of California, Santa Barbara County District Attorney’s Office, Kern County Sheriff’s Department, Clovis Police Department and Fresno Police Department.

Please note that a complaint contains only allegations against a person and, as with all defendants, those named here must be presumed innocent unless and until proven guilty.

A copy of the Complaint is attached to the electronic version of this release at: oag.ca.gov/news.

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Attorney General Kamala D. Harris Announces Arrest of Revenge Porn Website Operator

December 10, 2013
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced the arrest of the alleged owner and operator of a revenge porn website who facilitated the posting of more than 10,000 sexually explicit photos and extorted victims for as much as $350 each to remove the illicit content.

“This website published intimate photos of unsuspecting victims and turned their public humiliation and betrayal into a commodity with the potential to devastate lives,” Attorney General Harris said. “Online predators that profit from the extortion of private photos will be investigated and prosecuted for this reprehensible and illegal internet activity.”

Kevin Christopher Bollaert, 27, of San Diego, was arrested today in San Diego by California Department of Justice agents and is being held in San Diego County jail on $50,000 bail. According to documents filed in San Diego County Superior Court, Bollaert has been charged with 31 felony counts of conspiracy, identity theft and extortion and is facing possible jail time and fines.

Court documents allege that, in December 2012, Bollaert created the website ugotposted.com, which allows the anonymous, public posting of private photographs containing nude and explicit images of individuals without their permission. Commonly knows as revenge porn, the photos are typically obtained consensually by the poster during a prior relationship or are stolen or hacked. Unlike many other revenge porn websites where the subject of the photos is anonymous, ugotposted.com required that the poster include the subject’s full name, location, age and facebook profile link.

California Penal Code sections 530.5 and 653m (b) make it illegal to willfully obtain someone’s personal identifying information, including name, age and address, for any unlawful purpose, including with the intent to annoy or harass.

Court documents also allege that Bollaert created a second website, changemyreputation.com, in October 2012, which he used when individuals contacted ugotposted.com requesting that content be removed from the site. Bollaert would allegedly extort victims by replying with a changemyreputation.com email address and offering to remove the content for a fee ranging from $299.99 to $350, which could be paid using an online PayPal account referenced in the emails. Ballaert allegedly told investigators, according to court documents, that he made around $900 per month from advertising on the site and records obtained from his changemyreputation.com PayPal account indicate that he received payments totaling tens of thousands of dollars.

According to court documents, ugotposted.com’s registration listed a billing address in San Diego, CA.

The arrest comes after a six-month investigation by the California Attorney General’s eCrime unit.

Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cybercrimes and other crimes involving the use of technology.

Individuals who feel they are victims of ugotposted.com or other revenge porn websites should file a complaint with the California Attorney General’s office here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.

Please note that a complaint contains only allegations against a person and, as with all defendants, Kevin Christopher Bollaert, must be presumed innocent unless and until proven guilty. 

A copy of the complaint and arrest warrant are attached to the electronic version of this release here: https://oag.ca.gov/news.

AttachmentSize
PDF icon Complaint.pdf1.96 MB
PDF icon Arrest warrant.pdf1.14 MB