Law Enforcement

SACRAMENTO -- Attorney General Kamala D. Harris today announced the Assembly Public Safety Committee passed an important piece of the California Homeowner Bill of Rights that aims to protect California homeowners from fraud and scams.

Senate Bill 1474 (Senator Loni Hancock, D-Berkeley) would allow Attorney General Harris to convene a special grand jury to investigate and indict the perpetrators of financial crimes involving victims in more than one county, as well as crimes conducted by a single defendant or multiple defendants who worked together. The bill passed unanimously with bipartisan support.

Under current law, fraud in which the victims are located across the state require separate grand juries and charges must be filed in every county where the defendant committed a crime. This legislation would provide for the option of a special grand jury that can produce indictments for financial crimes beyond the scope of single-county grand juries.

“Scammers continue to prey on vulnerable Californians who simply want to stay in their homes,” Attorney General Harris said. “This legislation will create a more cohesive legal process to prosecute those who prey on Californians across county lines.”

“The Attorney General is currently engaged in the investigation of significant crimes,” Senator Hancock said. “Unfortunately, county-by-county grand juries do not work well in dealing with large-scale wrongdoing in multiple jurisdictions. With this bill, the Attorney General can investigate multijurisdictional crimes – it will provide protection when Californians need it the most.”

The Mortgage Fraud Strike Force, established by Attorney General Harris, investigates and prosecutes crimes related to mortgages, foreclosures and real estate. In recent weeks, the Strike Force has secured the conviction of perpetrators of scams in the Fresno and Sacramento areas.

SB 1474 will be heard next in the Assembly Appropriations Committee.

For more information on the California Homeowner Bill of Rights, go to www.oag.ca.gov.

SACRAMENTO --- Attorney General Kamala D. Harris today released the following statement:

“The President is exactly right. Our law enforcement resources are limited, and should be directed towards dealing with serious and violent criminals.  There is no rationale for spending these precious resources on college kids, military members, small business entrepreneurs, and productive members of society who were brought here by their parents.  I applaud the President's leadership on this issue, and believe it takes us one step closer to the comprehensive immigration reform our nation needs.”

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced the outcomes of two cases investigated by her office’s eCrime Unit in which defendants “skimmed” credit card information of Chase Bank customers across the state.

Both cases involved a type of crime frequently referred to as a “skimmer operation.” In both cases, the defendants, organized as “crews,” replaced the card readers at Chase Bank ATM vestibules with ones that allowed them to retrieve customers’ card information. Additionally, both crews installed micro cameras to capture the card holders’ PIN entry. With this information, they created bogus ATM access cards.

“Technology benefits consumers, but also opens them up to risks that law enforcement must respond to,” said Attorney General Harris. “ATM skimming cases like these are fast-growing, can lead to identity theft and significant financial losses.  I applaud the state and local collaboration that shut down these two criminal schemes.”

Gnel Snapyan, 35, was sentenced today in San Luis Obispo County Superior Court to 364 days in state prison and five years probation. His co-conspirator, Gervork Aroutiounyan, 48, was sentenced in March 2012 to three years and eight months in state prison. The men were ordered to pay restitution to Chase Bank.     

In a separate scam, Santiago Alcantar, 37, Genea Antoine, 39, and Anthony Garcia, 30, entered a plea of guilty today in San Luis Obispo County Superior Court to one count of conspiracy to commit grand theft, computer access fraud, identity theft, second degree burglary and forgery of access cards. They were charged in March with 14 counts of felony fraud.

Between July 2010 and February 2011, Snapyan fraudulently withdrew approximately $220,000 from the bank accounts of more than 300 victims in Santa Clara, Marin, Fresno, San Luis Obispo counties. 

The case was investigated by the San Luis Obispo County Police Department and the Attorney General’s eCrime Unit. In September 2011, the Attorney General’s office charged Snapyan and Aroutiounyan with 28 counts of felony fraud. On March 1, the defendants entered a plea of guilty to one count of conspiracy to commit grand theft, computer access fraud, identity theft, second degree burglary and forgery of access cards. Additionally, each pled guilty to three counts of second degree burglary.  

Between October 2010 and February 2011, Alcantar, Antoine, and Garcia ran their skimmer operation in Los Angeles, San Luis Obispo, San Bernardino and Ventura counties. The crew stole approximately $217,000 from more than 200 victims. 

Sentencing is scheduled for July 27, at which time Alcantar will be sentenced to four years in state prison; Antoine to two years in state prison and Garcia to a sentence that will not exceed one year and 4 months.

In both cases, Chase Bank has reimbursed customers for their losses.

The California Department of Justice eCrime Unit was created last year to identify and prosecute identity theft crimes, cyber crimes and other crimes involving the use of technology. 

Photos are attached to the online version of this release at  https://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-crackdown-atm-%E2%80%9Cskimming%E2%80%9D-and-identity .      

LOS ANGELES --- California Attorney General Kamala D. Harris today announced the arrest of two individuals in a $1.3 million Ponzi scheme that targeted Latino investors, many of whom were seniors.

Edwin G. Salazar, 34, of Downey, CA and Michael Z. Zuniga, 41, of Fullerton, CA were arrested on 57 counts of elder abuse, grand theft and securities fraud. Salazar’s bail was set at $100,000 and Zuniga’s at $50,000.

“The defendants defrauded investors with promises of guaranteed returns and even convinced some victims to re-finance their own homes in order to participate in the scheme,” said Attorney General Harris. “What victims thought was a resourceful real estate investment only brought them losses and heartbreak.”

From January 2007 through June 2008, licensed insurance agents Salazar and Zuniga, doing business as OMEGA Investment Group, of Downey, CA, issued over $1.3 million in fraudulent securities to individual investors they befriended through their insurance business.

The case was investigated by Department of Justice Special Agent Debra Gard, along with the California Department of Insurance Los Angeles Investigation Division.

“These agents conspired to rip-off trusting members of their own community,” said Insurance Commissioner Dave Jones. “Preying on Senior Citizens for financial gain is deplorable and it will not go unpunished.”

The scheme targeted Latino investors, many of whom were seniors. Investors were promised that their investments were secure and “risk-free” because of the company's strong track record of buying and selling homes in foreclosure. Investors were guaranteed a return of 15 percent. In many cases, the defendants convinced investors to refinance their homes and take out money to invest in the foreclosed properties.

In fact, OMEGA had not been buying and selling foreclosed properties with the money, was never a profitable company, could not secure any funds raised, and diverted funds to other investments and to the personal uses of Salazar and Zuniga. As OMEGA continued raising and diverting money, it began to operate like a classic Ponzi scheme, paying interest to previous investors from capital raised from new ones.

Attorney General Harris formed a Mortgage Fraud Strike Force in May 2011 to investigate and prosecute crimes related to mortgages, foreclosures, and real estate.

This case is being prosecuted by Deputy Attorney General Ed Skelly.

SAN FRANCISCO -- Attorney General Kamala D. Harris and Sonoma County District Attorney Jill Ravitch today announced the arrest of a Petaluma man who stole more than $20 million from dozens of investors in a Ponzi scheme.

Aldo Joseph Baccala, 71, was charged with 167 felony counts of grand theft, securities fraud and elder abuse. He has also been charged with a number of enhancements, which indicate that he engaged in a pattern of theft and fraud related crimes which resulted in a loss of over $3.2 million. Baccala’s bail has been set at $2 million and he is being held at the Sonoma County Adult Detention Facility.

“This Ponzi scheme caused dozens of investors to lose their money through false promises and sham investments,” Attorney General Harris said. “It is important to protect Californians from criminals who use deceptive tactics for personal gain.”

“Through this joint prosecution effort, we intend to seek justice for Sonoma County residents who suffered tragic losses in a fraudulent scheme,” said District Attorney Ravitch.

The arrest declaration alleges Baccala used his Petaluma-based company, Baccala Realty, Inc., to raise millions of dollars from more than 50 investors for ventures in California and other states, such as assisted living facilities, a car wash and other businesses.

Victims of the scheme, many of whom are elderly and who had known Baccala and his family for many years were promised annual returns of 12 percent or more to invest in a specific project which was supposed to be secured by a first or second deed of trust on the property. In fact, none of the promised deeds of trust were ever recorded, and the funds raised were not used as promised.

Baccala also allegedly used money obtained by investors to invest in the stock market and to cover margin calls and stock trading losses. From 2003 to 2008, he lost approximately $8 million in the stock market. As his debts grew, he began promising new investors annual returns of up to 27.5 percent to cover interest payments to earlier investors.

In November 2008, Baccala issued letters to investors saying that he would no longer make promised monthly payments. After receiving numerous complaints, the Sonoma County District Attorney’s Office launched an investigation into Baccala Realty, Inc. in January 2009.

The Sonoma District Attorney’s office was assisted in the investigation by the Attorney General’s office, and the case will be jointly prosecuted.

Victims in this case may obtain more information at http://da.sonoma-county.org/content.aspx?sid=1023&id=2531

LOS ANGELES -- Attorney General Kamala D. Harris today announced that two Los Angeles residents have each been sentenced to 300 days in county jail and 3 years probation for selling counterfeit CDs containing popular music.

Juan Lucas Camacho, 39, and Jose Pablo Almaraz, 38, each pled guilty to one felony count of failure to disclose the origin of a recording that they offered for sale. Camacho had been convicted in 2008 for a similar crime. They were sentenced on May 21 in Los Angeles Superior Court.

“Copyright theft like this infringes upon the rights of writers, musicians, and producers,” said Attorney General Harris. “California’s eCrime Unit is dedicated to prosecuting cases involving the trafficking of intellectual property, whether online or on the street.”

The charges are based on the sale of 800 counterfeit CDs to undercover Department of Justice agents on April 17, 2012 in the parking lot of a Los Angeles Home Depot store for $480, or approximately $.60 per CD. Artists whose counterfeit CDs were sold included Jorge Santa Cruz and Pitbull. Camacho claimed the ability to fabricate 80,000 to 100,000 CDs per week and that 800 CDs was too small of a sale to repeat.

In April, the defendants were arrested and charged with five felony counts, including conspiracy and counterfeit of a registered trademark. Upon admitting guilt, the remaining counts were dismissed as part of a plea agreement. Camacho was given credit for 36 days already served, and Almaraz for 19 days served.

This case was investigated and prosecuted by the Department of Justice’s eCrime Unit, which identifies and prosecutes crimes involving technology and identity theft.

Photos of the pirated CDs are attached to the electronic version of this release at http://oag.ca.gov/

FRESNO -- Attorney General Kamala D. Harris today was joined by Fresno County Sheriff Margaret Mims, Merced County Sheriff Mark Pazin, Tulare County Sheriff Bill Wittman, and Fresno Police Chief Jerry Dyer at a press conference in support of the California Homeowner Bill of Rights, which contains law enforcement tools to help prevent blight and other crimes associated with the foreclosure crisis.
Attorney General Harris also presented Attorney General Awards to distinguished officers from the Visalia Police Department, Fresno Police Department, the California Highway Patrol (Madera area), Kings County District Attorney’s Office and the California Department of Corrections and Rehabilitation.

The press conference occurred after at a regional “zone” meeting, where law enforcement leaders discussed common challenges and collaboration. Zone 5 includes law enforcement agencies from Fresno, Kern, Kings, Madera, Mariposa, Merced and Tulare counties.

“As I meet with law enforcement leaders around the state, I repeatedly hear of their frustrations dealing with the aftermath of our foreclosure crisis and crime that is associated with it,” said Attorney General Harris. “I am gratified by the support of these Central Valley law enforcement leaders for the California Homeowner Bill of Rights, and look forward to the public safety enhancements it will bring.”

“Attorney General Harris’ proposed legislation provides increased enforcement capabilities, due process for homeowners, and gives local law enforcement additional tools to avoid blight as a result of empty homes left vacant as a result of foreclosures. I am pleased to be able to join her and support the California Homeowner Bill of Rights,” said Sheriff Margaret Mims of Fresno County.

“All Californian’s should be appreciative of these bills the Attorney General is trying to pass as they will help prevent foreclosure abuses, especially here in Merced where we ranked among some of the nation’s highest foreclosed homes,” Merced Sheriff Mark N. Pazin said.

“As the Sheriff of Tulare County, I have seen firsthand the devastating effects of the mortgage crisis, not only in Tulare County but across the State of California. In Tulare County alone, between 2008 and 2011 there were over 11,000 foreclosures. The California Homeowner Bill of Rights will assist homeowners and law enforcement agencies by providing additional resources and tools to identify and fight a multitude of crimes related to mortgage fraud, real estate fraud, and loan scams. I fully support the California Homeowner Bill of Rights,” Tulare County Sheriff Bill Wittman said.

The California Homeowner Bill of Rights, which would bring transparency and fairness to California’s broken mortgage process, is under consideration in the Legislature and includes proposals to help law enforcement respond to mortgage fraud and to crime associated with the foreclosure crisis.

These bills would empower communities to crack down on blight and the resulting crime, would support law enforcement responses to mortgage fraud by extending the statute of limitations, and would empower the Attorney General to empanel a special grand jury to target multi-jurisdictional financial crimes.

The California Homeowner Bill of Rights will also extend to all borrowers many of the same reforms negotiated for in the recent national mortgage settlement. The legislation includes protections against the dysfunctional “dual-track” foreclosures process, guarantees of a single point of contact for distressed homeowners, and an increase in penalties for robo-signing. The multistate mortgage settlement brought a commitment of up to $18 billion for California homeowners and foreclosure victims from banks.

Foreclosure-related estimates for each county in the zone are:

Fresno County:
Number of foreclosures 2008-2011: 27,837
Estimated amount of California commitment: $311,015,043

Kern County:
Number of foreclosures 2008-2011: 35,893
Estimated amount of California commitment: $374,504,344

Kings County
Number of foreclosures 2008-2011: 2,139
Estimated amount of California commitment: $24,288,347

Madera County
Number of foreclosures 2008-2011: 7,005
Estimated amount of California commitment: $84,307,143

Mariposa County
Number of foreclosures 2008-2011: 238
Estimated amount of California commitment: $6,761,727

Merced County
Number of foreclosures 2008-2011: 18,229
Estimated amount of California commitment: $215,723,069

Tulare County
Number of foreclosures 2008-2011: 11,269
Estimated amount of California commitment: $119,124,870

NEVADA COUNTY – The Department of Justice-led Mountain and Valley Marijuana Investigation Team (MAVMIT) served four state search warrants which resulted in the seizure of more than 500 marijuana plants and 50 pounds of processed marijuana, and the arrest of five individuals involved in a large scale indoor marijuana growing operation.

The investigation targeted a drug trafficking organization (DTO) involved in a large-scale, illegal indoor marijuana growing operation in Nevada County which was cultivating marijuana inside large green houses and supplying processed marijuana to dispensaries in the Los Angeles area and Arizona.

During the operation, which began in January 2012, agents served four state search warrants at four locations in the Penn Valley and Smartsville areas. The investigation has resulted in five arrests, and the seizure of more than 500 mature marijuana plants, 50 pounds of processed marijuana, two loaded firearms (one semi-automatic handgun and one revolver), more than 870 rounds of ammunition, and small amounts of cocaine and methamphetamine. Agents also froze 10 bank accounts belonging to the individuals arrested and seized approximately $15,000 in U.S. currency. Those arrested during Tuesday’s operation have been booked into the Nevada County Jail and currently face state charges ranging from possession of marijuana for sale, cultivation of marijuana, and a felon in possession of a firearm. Joseph Axtell and Eric Moffatt are convicted felons. Those arrested include:

Joseph William Axtell of Penn Valley ($1 million bail), DOB: 1/16/57; Eric Steven Moffatt of Smartsville, DOB: 6/16/63; Lesley Nemeth of Penn Valley ($500,000 bail), DOB: 5/4/61; Jinny Janow of Smartsville, DOB: 4/15/71; and Jeff Santos of Penn Valley, DOB: 3/20/80.

Photos of items seized during Tuesday’s operation are attached to the electronic form of this press release at www.oag.ca.gov.

The investigation is a collaborative effort led by California Department of Justice Mountain and Valley Marijuana Investigation Team, and assisted by the California Department of Corrections and Rehabilitation, Nevada County Sheriff’s Department, Placer Special Investigations Unit and Yolo Narcotic Enforcement Team.

SAN JOSE -- Attorney General Kamala D. Harris announced the arrest of 12 individuals involved in a Bay Area heroin trafficking ring by the Department of Justice-led South Bay Metro Task Force and U.S. Immigration and Customs Enforcement's Homeland Security Investigations (ICE HSI).

State and federal investigators arrested 12 suspects and seized 9 guns and small amounts of marijuana and methamphetamine today, as a result of a long-term investigation called “Operation Middle Man.”

The execution of the search and arrest warrants today marks the culmination of a two and half year investigation dubbed “Operation Middle Man” because the initial targets identified during the case were found to be mid-level operatives. Those suspects ultimately led authorities to Carlos Jose Moreno, the suspected head of a transnational criminal drug trafficking organization.

“Transnational gangs have become a top public safety threat as they increasingly traffic guns, drugs and human beings into California,” said Attorney General Harris. “I commend the members of the South Bay Metro Task Force and Homeland Security Investigations for their work in identifying and arresting these gang-affiliated suspects”

The operation is part of an ongoing effort by Attorney General Harris designed to attack gang violence and transnational gangs. The South Bay Metro Task Force is one of 28 California Department of Justice led task forces that coordinate the response to our state’s growing gang and drug trafficking problems. Operation Middle Man was initiated to disrupt and dismantle the Santa Clara County-based Carlos Jose Moreno drug trafficking organization (DTO), and to arrest and prosecute its members.

“By combining our resources, authorities and expertise, we’ve succeeded in dismantling a drug ring suspected of funneling significant quantities of heroin into the Bay Area and onto our streets,” said Clark Settles, special agent in charge for ICE HSI San Francisco. “This case shows yet again why federal and state collaboration is crucial to promoting public safety and protecting the welfare of our communities.”

“This multi-jurisdictional investigation is one example of our successful efforts to dismantle violent drug trafficking organizations that threaten our community,” said Santa Clara County District Attorney Jeffrey F. Rosen.

Utilizing undercover officers and other investigative techniques, agents purchased more than three pounds of heroin. The investigations targeted Carlos Jose Moreno, a large-scale heroin and methamphetamine distributor in the San Jose, East Palo Alto, Palo Alto and Redwood City areas. Moreno’s DTO imported narcotics through international and national drug trafficking sources for the purpose of redistributing the drugs through California and the United States. The heroin was imported from sources in Mexico, while the crystal methamphetamine was manufactured in the Central Valley area of California. The Moreno DTO is comprised of Norteño gang members with connections to Mexico.

During the operation, which began in December 2009, agents served 12 state arrest warrants and six state search warrants in the East Palo Alto, Hayward and Oakland areas. To date, the investigation has resulted in 12 arrests, and seizure of 9 guns (three shotguns, three rifles and three handguns), and small amounts of marijuana and methamphetamine. Those arrested during Tuesday’s operation will be booked into the Santa Clara County Jail and face state charges ranging from conspiracy, residential burglary, firearms sales, sale of methamphetamine and heroin and gang enhancements. They include:

Jose Izabel Moreno of Palo Alto, DOB: 4/2/1986; Pearl Moreno of Palo Alto, DOB: 3/17/85; Johnny Chavez of Palo Alto, DOB: 3/5/1991; Pedro Chavez Chavez of Mexico, DOB: 6/17/1975; Jose Arreguin of Palo Alto, DOB: 4/5/1991; Daniel Macias of Mexico, DOB: 2/4/1989; Jose Macias of Palo Alto, DOB: 3/28/1987; Carlos Moreno, DOB: 8/3/1983: Elizabeth Kovac of Palo Alto, DOB: 5/25/1988; Joventino Lopez-Ortiz of Palo Alto, DOB: 9/5/1993; Victor Hernandez of Palo Alto, DOB: 1/8/1989; and Edgar Enrique Bustos of Palo Alto, DOB: 3/4/1994.

Photos of weapons seized during today’s operation are attached to the electronic form of this press release at www.oag.ca.gov.

The investigation is a collaborative effort led by California Department of Justice, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and assisted by, Santa Clara District Attorney’s Office, and San Mateo County Narcotics Task Force.

SAN DIEGO -- Attorney General Kamala D. Harris and San Diego County District Attorney Bonnie Dumanis today announced the arrest of an individual who ran a sophisticated scheme at San Diego area Lowe’s and Home Depot stores in which he replaced the bar codes on expensive merchandise with bar codes that scanned at lower prices.

Steve Allen Koski, 42, of San Diego, was arraigned yesterday in San Diego Superior Court on 11 felony counts, including grand theft and 10 counts of burglary. His bail has been set at $250,000. He is being held in San Diego County Jail.

Koski stole or attempted to steal more than $30,000 in copper wire and other merchandise from Lowe’s and Home Depot stores. He then re-sold that merchandise to California recycling centers for over $180,000.

“For all the efficiency and conveniences that modern technologies provide, we are continuing to see criminals use these same technologies to defraud California businesses and consumers,” Attorney General Harris said. “The eCrime Unit is devoted to aggressively pursuing criminals who misappropriate modern technologies for their own benefit.”

Surveillance video showed Koski entering various home improvement stores and replacing legitimate bar codes on copper wire and other expensive merchandise with counterfeit bar codes that scanned at lower prices. Through this scheme, Koski fraudulently purchased copper wire for $60 to $90 and then re-sold it at California recycling centers for $200 to $300. To appear legitimate and sidestep the State’s efforts to crack down on recycling fraud, Koski created a phony business called “iRecycle”. The evidence suggests Koski may have netted over $180,000 through this scheme.

In February, the Attorney General’s eCrime Unit launched an investigation after Lowe’s reported to the offices of the Attorney General and the San Diego District Attorney that Koski ran this scheme at multiple stores throughout San Diego.

“Our office is holding Steve Allen Koski responsible for his actions,” said San Diego County District Attorney Bonnie Dumanis. “We do not tolerate scams and we are aggressive about prosecuting perpetrators who think they can get away with bilking businesses and consumers.”

California is among the top five states with the highest reported incidences of copper theft. The National Insurance Crime Bureau reports 1,342 metal theft claims in California from January 2009 to December 2011, with approximately 96% of these claims pertaining to the theft of copper.

Last year, Attorney General Harris created the eCrime Unit 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.

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