Law Enforcement

SACRAMENTO -- Attorney General Kamala D. Harris today announced the arraignment of two men who burglarized high-end electronics retailers in five Bay Area counties and then sold the merchandise on an online auction website.

Justin Mahlet, 37, of Sacramento and Jason Tate, 41, of Rocklin were arraigned today in Placer County Superior Court on 17 felony counts of burglary that resulted in losses of $400,000 in stolen goods and property damage. Mahlet and Tate, who pled not guilty, turned themselves in on July 13 and July 19 and were released on bail set at $105,000 and $50,000, respectively.

“The defendants used the anonymity of the Internet to sell stolen goods from high-end electronic retailers,” said Attorney General Harris. “This case is a prime example of state and local law enforcement collaboration to bring those who commit crimes online to justice.”

The Attorney General’s eCrime Unit will prosecute the case because the defendants allegedly committed the commercial burglaries in multiple jurisdictions, and used eBay to fence the stolen goods. The investigation was conducted by the Palo Alto Police Department and the Sunnyvale Police Department.

Between December 2010 and September 2011, Mahlet and Tate burglarized more than a dozen electronic retailers in Alameda, Contra Costa, San Mateo, Santa Clara and Solano counties. Among the items stolen were a $40,000 GPS device for land surveying, amplifiers valued at $10,000, cameras valued at $4,000 each, and other expensive goods.

In September 2011, officers from the Sunnyvale Police Department responded to a commercial alarm and saw the defendants exiting the building with items. Mahlet and Tate attempted to flee but were arrested. Detectives later obtained search warrants for their residences and a storage rental unit in Rocklin, CA, where there were numerous electronic items from the businesses that had been burglarized.

Detectives also uncovered eBay accounts associated with the defendants and found high-end electronic items listed for sale that matched items missing from the burglaries.

Last year, Attorney General Harris created the eCrime Unit to identify and prosecute identity theft crimes, cybercrimes and other crimes involving the use of technology. More information is available here: http://oag.ca.gov/cybersafety.

A copy of the complaint and arrest warrant is attached to the online version of this release at www.oag.ca.gov.

BAKERSFIELD -- Attorney General Kamala D. Harris today announced the sentencing of the former hospital administrator of Kern Valley Health District, a rare case in which a hospital administrator is being held criminally responsible for conduct by a lower-ranked employee.

Pamela Ott, former hospital administrator of the Kern Valley Health District, pled no contest to one felony count of conspiracy to commit an act injurious to the public health based on her failure to adequately supervise the Director of Nursing. During Ott’s tenure as administrator, Director of Nursing Gwen Hughes administered psychotropic medications to 23 elderly residents in order to chemically restrain them for staff convenience. Three patients died.

“Ott neglected her responsibility to monitor the practices of her employees and, in doing so, she endangered the health and well-being of vulnerable residents,” Attorney General Harris said. “California has strong laws to prevent elder abuse and we will enforce them so we can protect the most vulnerable among us.”

Ott was sentenced to three years formal probation, 300 hours of volunteer service, restitution pending conclusion of civil lawsuits. She is required to comply with all orders from the Registered Nursing Board, which is conducting its own investigation into the matter.  

In July 2012, Dr. Hoshang Pormir, the Medical Director, was also sentenced to 300 hours of volunteer service, restitution pending conclusion of civil lawsuits, and a requirement to comply with all orders from the Medical Board. Pormir failed to conduct examinations of patients or monitor their reactions to medications.

In January 2007, the Department of Public Health began an investigation into complaints stemming from the Healthcare District and found that 23 residents suffered adverse reactions as a result of chemical restraints and unnecessary medications. The Department of Justice’s Bureau of Medical Fraud and Elder Abuse took over the case after the Department of Public Health completed its report.

Ott received complaints, some as early as September 2006, concerning Hughes’ conduct towards staff.  Several staff members also had previously informed Ott that residents were forcefully restrained and injected with medications. Ott disregarded the complaints and directed staff to comply with Hughes’ instructions.

Hughes will face a jury trial beginning October 29, 2012 in Kern County Superior Court. She is being charged with multiple felony counts of elder abuse resulting in death, elder abuse resulting in great bodily injury, and assault with force likely to cause great bodily injury. 

SACRAMENTO -- Attorney General Kamala D. Harris today announced the arraignment of two Sacramento men who stole more than $3.2 million from investors who were told their money was being invested in a real estate venture to buy and re-sell foreclosed homes.

“These individuals fraudulently represented themselves as a legitimate business but had no intentions of carrying out what they promised,” said Attorney General Harris. “They will be held accountable for the damage they inflicted on trusting investors.”

Taze Claiborne “TC” Ellis, 45, and his son, Taze Jordan “TJ” Ellis, 23, both of Sacramento, were arraigned August 16 in Sacramento County Superior Court after being arrested on August 14. The elder Ellis was charged with 32 felony counts of grand theft and securities fraud, and his son was charged with four felony counts of grand theft and securities fraud. After a bail hearing on Wednesday, bail for the elder Ellis was confirmed by the judge at $3.2 million. Bail for his son is $40,000.

From May 2008 through September 2009, Taze Claiborne Ellis sold securities in the form of real estate investment contracts to seven investors in California and other states. He told investors their money would be used to purchase foreclosed homes at low cost in order to refurbish them to sell for significant profit. Instead, Ellis used the investment money for his personal expenses, to pay unrelated third parties, and to transfer into foreign currency trading platforms.

To keep up the façade that their money had been invested, Ellis paid “returns” to investors out of funds he received from other, unrelated third parties. In some cases, he paid investors with their own money.

In October 2008, Taze Jordan Ellis, promised to invest $40,000 of an investor’s money in the foreign currency market. He promised annual returns of 60 percent over five years.  Instead, he deposited the money into his bank account and spent at least half of it on personal expenses.

Neither of the defendants, nor the businesses where investors wired their funds – Blacksand, Inc. and FXKB, Inc. – are registered to sell securities in California. Further, Taze Claiborne Ellis did not disclose to victims that he was convicted in 2002 of grand theft and tax fraud, for which he was sentenced to a 4-year prison term. 

The Attorney General’s eCrime Unit conducted the investigation. The case will be prosecuted by the Attorney General’s Special Crimes Unit.

A copy of the complaint is attached to the electronic version of this release at oag.ca.gov

LOS ANGELES -- Attorney General Kamala D. Harris announced that Abraham Lew Berlin has been charged with nine counts of grand theft for selling counterfeit rare coins on an Internet auction site.

In September and October 2011, Berlin, 63, of Culver City, used his eBay account to list 13 sealed bags supposedly containing Silver War Nickels dated between 1942 and 1945. Berlin then began receiving payments from several customers believing they were purchasing the Silver War Nickels.

When customers did not receive their items despite numerous attempts to contact Berlin, they each filed claims with eBay. The online auction site reimbursed every customer which resulted in significant losses. Berlin made more than $80,000 in the scam.

According to the U.S. Mint, during World War II the five-cent coin was made of an alloy of copper, manganese, and silver. Nickel was kept aside for use in the war effort.

Berlin, who has an extensive criminal history that includes convictions for theft, mail fraud, check fraud, and fraud schemes, pled not guilty to all nine charges of grand theft.  His next scheduled court date is November 7.

This case was prosecuted by Deputy Attorney General Natasha Howard of the eCrime Unit. Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. More information about the eCrime Unit is available here: http://oag.ca.gov/cybersafety.

Copies of the complaint and arrest warrant submitted to the court are attached to the online version of this release at www.oag.ca.gov.

RIVERSIDE -- Attorney General Kamala D. Harris yesterday filed a civil lawsuit seeking the removal of officers and directors of Help Hospitalized Veterans, a California charity. The complaint alleges that those running the organization engaged in self-dealing, paid excessive executive compensation and engaged in fraudulent fundraising and other unlawful activities.

The lawsuit also seeks to recover more than $4.3 million in funds improperly diverted from Help Hospitalized Veterans. Those funds were meant to support several programs serving veterans and active-duty military, including providing arts and craft kits to hospitalized veterans. Instead, they were used to enrich the organization’s officers and fundraisers.

“The officers of Help Hospitalized Veterans improperly diverted money that hard-working and patriotic Americans donated to support injured vets,” said Attorney General Kamala D. Harris.  “We must protect veterans, active-duty military and donors from scam artists who see them as little more than prey for their financial frauds.”

The lawsuit alleges that the directors and officers of Help Hospitalized Veterans breached their fiduciary duty by wasting its charitable assets on such things as golf memberships and a condominium (for use by officers), and authorizing excessive executive compensation to the group’s former President (Roger Chapin) and its current President (Michael Lynch). 

The suit alleges Chapin received more than $2.3 million in excessive compensation during the final seven years of his tenure and excessive compensation to Lynch totaled over $900,000.  Chapin is additionally charged with self-dealing as a result of substantial diversions of the charity’s funds to entities in which he had a financial interest. Those diversions include loans Help Hospitalized Veterans made to a firm called American Target Advertising, which was making substantial payments to Chapin. American Target Advertising is a for-profit business (founded by Chapin’s close friend Richard Viguerie) that directs Help Hospitalized Veterans’ vast direct-mail fundraising operation.

The lawsuit further alleges that the nonprofit used increasingly-common accounting gimmicks to inflate the amount of income purportedly spent on providing veterans’ services while artificially minimizing the amount reportedly spent on fundraising. For example, Help Hospitalized Veterans’ use of one of these gimmicks resulted in decreasing its reported fundraising costs from 65 percent of total costs to less than 30 percent. As a result, the filings to both the IRS and the Attorney General’s office were substantially false. Donors and charity watchdog groups rely on both of those reported expenditure categories in evaluating a charity’s efficiency. 

Controversy around the performance of veteran’s charities like Help Hospitalized Veterans was brought to the public’s attention in 2007 by Rep. Henry A. Waxman who, as Chairman of the House Oversight and Government Reform Committee Hearings, held hearings into their fundraising practices and overhead.   

The lawsuit seeks general and punitive damages, restitution, civil penalties and the removal of those officers and directors named in the lawsuit.

Named defendants in the lawsuit include: Help Hospitalized Veterans; its former president Roger Chapin (California); former employee Elizabeth Chapin (California); current president Michael Lynch (California); the following officers or directors of the charity: Robert Beckley, Jr. (Arizona), Thomas Arnold (Florida), Leonard Rogers (Florida), and Gorham Black (Florida); accountant Robert Frank and the company Frank & Company, PC (Virginia); and direct-mail professional fundraiser Creative Direct Response, Inc. (Maryland).

The Complaint alleges seven causes of action:  (1) breach of fiduciary duty (against Help Hospitalized Veterans directors and officers); (2) aiding and abetting a breach of fiduciary duty (against Frank and Frank & Co.); (3) engaging in self-dealing transactions in violation of Corporations Code section 5233 (against Chapin); (4) excessive executive compensation in violation of Corporations Code section 5235 (against Chapin and Lynch); (5) wrongful acquisition of property/unjust enrichment (against Chapin and his wife Elizabeth); (6) misrepresentations in solicitations to donors in violation of Government Code section 12599.6 (against Help Hospitalized Veterans, its directors and officers, and Creative Direct Response); and (7) unfair business practices (against all defendants other than Elizabeth Chapin and Creative Direct Response).

More than 2 million of the nation’s 22 million veterans live in California, the highest number for any state. Protecting these veterans, and active-duty military, from financial scams has been a priority for Attorney General Harris. This focus resulted from a survey of veterans who work in the Department of Justice that was undertaken to inform Department efforts on the matter.  Attorney General Harris and Holly Petraeus of the Consumer Financial Protection Bureau recently spoke at Travis Air Force Base to warn of financial scams that target military members.

SACRAMENTO – Attorney General Kamala D. Harris and El Dorado County District Attorney Vern Pierson today announced that a retired El Dorado County Deputy Sheriff was sentenced to five years in state prison for embezzling more than $300,000 over six years from the El Dorado County Deputy Sheriff’s Association.

Donald Philip Atkinson, the former president of the El Dorado County Deputy Sheriff's Association (DSA), opened bank accounts in his name and submitted forged documents to the DSA to justify payments made to him and his companies. Much of the money was obtained through ATM withdrawals and checks payable to Atkinson, which made his actions difficult for auditors to trace.

“This individual took advantage of his position within the organization by pocketing money that was not intended for personal use,” said Attorney General Harris. “The damage that he caused is widespread and his sentence reflects the seriousness of his crimes.” 

Atkinson was sentenced today in El Dorado County Superior Court on three felony counts of embezzlement, elder fraud and perjury. He was ordered by the court to pay more than $400,000 in restitution. While he is in state prison and on parole, Atkinson has agreed to pay $1,000 per month from his retirement fund to the victims.

The case was investigated by the El Dorado County District Attorney’s Office with support from the Attorney General’s Office. The investigation showed that Atkinson falsified Fair Political Practice Commission forms and submitted forged documents to DSA.

He also claimed checks were written for charitable purposes, but none of the named organizations and individuals received donations from either Atkinson or the DSA.  Among these charitable organizations was a donation fund for the families of four murdered Oakland police officers.

Several checks drawn from the DSA general fund and signed by Atkinson were used to pay rent for an apartment occupied by a woman with whom he was in a relationship.

Atkinson was also charged with theft from an elder or dependent adult. The victim loaned Atkinson $100,000 to purchase a photography business from a man with cancer. Atkinson had falsified information in the contract he signed, and bank records indicate that none of the victim’s funds was spent for the purpose Atkinson had claimed.

A copy of the complaint is attached to the March press release that announced Atkinson’s arrest: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-and-el-dorado-county-district-attorney-vern.

LOS ANGELES -- Attorney General Kamala D. Harris today announced defendants who ran a national loan modification scam were ordered to pay more than $4 million in penalties and restitution, including $2 million to consumers who were falsely promised modifications of their mortgage loans.

More than 1,000 customers paid more than $2 million for loan modification services to Statewide Financial Group, Inc., which did business as US Homeowners Assistance and Webeatallrates.com, and was based in Orange County. In July 2009, the Attorney General’s office shut down the business, which had been in operation since January 2008.

“These defendants took advantage of vulnerable people in extremely difficult circumstances, including many who faced imminent loss of their homes,” said Attorney General Harris. “The significant financial penalties imposed by the court let scammers know that severe consequences will flow to those who defraud California consumers.”

The Orange County Superior Court ordered that every US Homeowners Assistance loan modification customer should receive a full refund upon request.  The defendants were also permanently enjoined from engaging in the conduct that led to the lawsuit and were ordered to pay $2 million in civil penalties.  It is unclear, however, how much money will be recovered and available to pay refunds or penalties.

The prosecution of this action took nearly three years, culminating in a multi-week bench trial in March 2012. The business’ owners, Zulmai Nazarzai and Hakimullah Sarpas and Fasela Sheren (who went by the name Sharon Fasela), were all found liable for violating California’s Unfair Competition Law and False Advertising Law.

In a separate proceeding in late 2010, Attorney General Harris successfully prosecuted Nazarzai for contempt of court for his refusal to turn over $360,000 unlawfully taken by defendants as ordered by the court. He has been incarcerated in the Orange County jail since December 2010 because of his continued refusal to comply with the court’s order.

Attorney General Harris formed the Mortgage Fraud Strike Force in May 2011 to investigate and prosecute crimes and wrong-doing related to mortgages, foreclosures, and real estate. The prosecution of this action is part of Attorney General Harris’ ongoing efforts to protect homeowners, which also includes the national mortgage settlement and the California Homeowner Bill of Rights.

Copies of the court’s judgment and statement of decision are attached to the online version of this release at www.oag.ca.gov.

SANTA CRUZ -- Attorney General Kamala D. Harris today announced that Michael Anthony Gomez, Jr., 55, of Capitola, was sentenced in Santa Cruz Superior Court on Friday to 16 months in jail after pleading guilty to one count of selling pirated software.

As required by statute, the court ordered Gomez to forfeit any devices used to manufacture, reproduce, transport or assemble the counterfeit goods. He surrendered his computer to the California Department of Justice so it can be refurbished and donated to an appropriate local charity.  Gomez also agreed to pay restitution in the amount of $5,000 to AutoDesk and between $200-800 to each of the additional four victims.

“The sale of pirated software defrauds both the users and the developers of the programs, and undermines the strong technology-based segment of California’s economy,” said Attorney General Harris. “The eCrime Unit focuses on crimes involving technology, from piracy to identity theft, and I applaud their professionalism and success in securing this conviction.”

Gomez is alleged to have used Craigslist to sell illegally pirated versions of software programs, including Final Cut Studio III, Microsoft Office for Mac, Rosetta Stone Spanish and Mandarin, AutoDesk Revit and Filemaker 12.  These products retail for up to thousands of dollars, but he sold them for substantially less than the suggested retail prices.

The case was prosecuted by the Attorney General’s eCrime Unit and investigated by the Northern California Computer Crimes Task Force (NC3TF). The task force has its main office in Napa County and is one of five inter-agency Computer Crimes Task Forces in California. eCrime Unit prosecutors are assigned to all five task forces.

In April 2012, Gomez was contacted by an investigator with the NC3TF, who observed a post on Craigslist that offered for sale a copy of the program AutoDesk Revit.  On or about April 10, Gomez agreed to sell a 2013 version of the program for $50. Its suggested retail price is $5,000.

Gomez mailed the investigator a DVD containing a version of the program, but it would not load.  Gomez later provided the investigator with a software patch to ensure the program would function.  Properties embedded in the program indicated it was a copy downloaded from the Internet and then burned onto the DVD.

Gomez was charged with Counterfeit of a Registered Trademark Penal Code section 350(a) (2), a felony, as well as four counts of Counterfeit of a Registered Trademark.  Gomez was arrested on July 10.

Gomez is on probation for a 2010 conviction of previously selling pirated software.

In addition to the jail sentence and restitution, Gomez is restricted from having a computer or Internet access for three years. He forfeited his computer equipment to the Attorney General’s office and it will be donated for non-profit and charitable use.

This case was prosecuted by Deputy Attorney General Johnette Jauron of the eCrime Unit.  Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. More information available here: http://oag.ca.gov/cybersafety.

SACRAMENTO – Attorney General Kamala D. Harris today announced the creation of the Privacy Enforcement and Protection Unit in the Department of Justice which will focus on protecting consumer and individual privacy through civil prosecution of state and federal privacy laws.

“In the 21st Century, we share and store our most sensitive personal information on phones, computers and even the cloud. It is imperative that consumers are empowered to understand how these innovations use personal information so that we can all make informed choices about what information we want to share,” said Attorney General Harris. “The Privacy Unit will police the privacy practices of individuals and organizations to hold accountable those who misuse technology to invade the privacy of others.”

The California Constitution guarantees all people the inalienable right to privacy. The Privacy Unit will protect this constitutionally-guaranteed right by prosecuting violations of California and federal privacy laws. The Privacy Unit centralizes existing Justice Department efforts to protect privacy, including enforcing privacy laws, educating consumers and forging partnerships with industry and innovators.

The Privacy Unit’s mission to enforce and protect privacy is broad. It will enforce laws regulating the collection, retention, disclosure, and destruction of private or sensitive information by individuals, organizations, and the government. This includes laws relating to cyber privacy, health privacy, financial privacy, identity theft, government records and data breaches. By combining the various privacy functions of the Department of Justice into a single enforcement and education unit with privacy expertise, California will be better equipped to enforce state privacy laws and protect citizens’ privacy rights.   

The Privacy Unit will reside in the eCrime Unit and will be staffed by Department of Justice employees, including six prosecutors who will concentrate on privacy enforcement. Joanne McNabb, formerly of the California Office of Privacy Protection, will serve as the Director of Privacy Education and Policy, and will oversee the Privacy Unit’s education and outreach efforts. 

Protecting the privacy of Californians is one of Attorney General Harris’s top priorities. The creation of the Privacy Enforcement and Protection Unit follows the forging of an industry agreement among the nation’s leading mobile and social application platforms to improve privacy protections for consumers around the globe who use apps on their smartphones, tablets, and other electronic devices. The platform companies who signed on to that agreement -- Amazon.com Inc., Apple Inc., Facebook, Google Inc., Hewlett-Packard Company, Microsoft Corporation and Research in Motion Limited -- agreed to privacy principles designed to bring the industry in line with California law requiring apps that collect personal information to post a privacy policy and to promote transparency in the privacy practices of apps. 

Attorney General Harris established the eCrime Unit in 2011 to prosecute identity theft, data intrusions, and crimes involving the use of technology. The eCrime Unit provides investigative and prosecutorial support to the five California regional high-tech task forces funded through the High Technology Theft Apprehension and Prosecution Trust Fund Program and provides coordination for out-of-state technology-crime investigation requests. The eCrime Unit also develops and provides training for law enforcement officers, prosecutors, the judiciary and the public on cyber safety and the importance of strong information-security practices.  

The February 2012 press release announcing the apps agreement can be found here: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-secures-global-agreement-strengthen-privacy

The June 2012 press release announcing that Facebook joined the apps agreement can be found here: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-expansion-california%E2%80%99s-consumer

The December 2011 press release announcing the creation of the eCrime Unit can be found here: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-creation-ecrime-unit-targeting

SANTA CRUZ -- Attorney General Kamala D. Harris today announced that bail has been set at $50,000 in the case of Michael Anthony Gomez, Jr., 55, of Capitola, who was charged in Santa Cruz Superior Court with five charges of selling pirated software.

“Illegally selling pirated software rips off both consumers and developers of the programs, and undermines the strong technology-based segment of California’s economy,” said Attorney General Harris. “Criminals are moving their crimes online, and law enforcement must embrace innovation to counter this emerging threat.”

Gomez is alleged to have used Craigslist to sell illegally pirated versions of software programs, including Final Cut Studio III, Microsoft Office for Mac, Rosetta Stone Spanish and Mandarin, AutoDesk Revit and Filemaker 12.  These products retail for up to thousands of dollars, but he sold them for substantially less than the suggested retail prices.

The case is being prosecuted by the Attorney General’s eCrime Unit and was investigated by the Northern California Computer Crimes Task Force (NC3TF). The task force has its main office in Napa County and is one of five inter-agency Computer Crimes Task Forces in California. eCrime Unit prosecutors are assigned to all five task forces.

In April 2012, Gomez was contacted by an investigator with the NC3TF, who observed a post on Craigslist that offered for sale a copy of the program AutoDesk Revit.  On or about April 10, Gomez agreed to sell a 2013 version of the program for $50. Its suggested retail price is $5,000.

Gomez mailed the investigator a DVD containing a version of the program, but it would not load.  Gomez later provided the investigator with a software patch to ensure the program would function.  Properties embedded in the program indicated it was a copy downloaded from the Internet and then burned onto the DVD.

Gomez was charged with Counterfeit of a Registered Trademark Penal Code section 350(a) (2), a felony, as well as four counts of Counterfeit of a Registered Trademark.  He pled not guilty to all charges.  Gomez was arrested on July 10 and a preliminary hearing on the charges is set for July 23.

Gomez is on probation for a 2010 conviction of previously selling pirated software.

This case is being prosecuted by Deputy Attorney General Johnette Jauron of the eCrime Unit.  Attorney General Harris created the eCrime Unit in 2011 to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. More information available here: http://oag.ca.gov/cybersafety.