Law Enforcement

Attorney General Kamala D. Harris Announces Sentencing for Phony Online Rewards Scheme

April 12, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

RIVERSIDE -- Attorney General Kamala D. Harris announced today that two men were sentenced to more than 30 years in state prison for stealing millions of dollars through an illegal pyramid scheme and phony stock sales.

In April 2011, James A. Sweeney, II, 64, of Afton, Tennessee, and Patrick M. Ryan, 35, of Canyon Lake, California, were found guilty on 65 counts of grand theft and securities fraud. Sweeney was sentenced to 33 years in state prison and Ryan to 31 years in state prison today in Riverside County Superior Court. Each was ordered to pay restitution of approximately $8.2 million.

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

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

From 2005 to 2006, Big Co-op generated $1.2 million in revenues through an illegal pyramid scheme. Consumers were informed that if they purchased a Big Co-op membership, they could save money on their own purchases plus earn commissions and rewards by convincing others to shop at the site. In reality, consumers never received rebates or rewards. Instead, their monetary gains were based on recruiting others to purchase memberships, and having those purchasers recruit others to purchase memberships (and so on).

Individuals who were recruited paid Big Co-op between $19.95 and $99.95 in monthly membership fees to be part of the Ez2Win.biz pyramid scheme.

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

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

Sweeney and Ryan sold shares for $0.50 to $5 and offered two-for-one deals to investors willing to pay cash. From 2005 to 2006, they took in more than $7 million from this scheme.

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

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

The case was prosecuted by Deputy Attorney General Patricia M. Fusco, with assistance from lead investigator Andy Thomas, both of the Special Crimes Unit.

Attorney General Kamala D. Harris Announces Sentencing for ATM Identity Theft Scam

March 28, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced that Gervork Aroutiounyan, 48, was sentenced for an ATM identity theft scam that spanned seven counties.

Aroutiounyan and Gnel Snapyan, 35, were charged for “skimming” debit card information of Chase Bank customers and stealing $320,728. The Department of Justice eCrime Unit was able to charge the entirety of the scheme across seven counties, including the counties of Santa Clara, Marin, Fresno, San Bernardino, San Diego and Los Angeles.

Aroutiounyan was sentenced today in San Luis Obispo County Superior Court to three years and eight months in state prison, and ordered to pay restitution to Chase Bank of $320,728. The sentencing of Snapyan was delayed until June 15.

“These criminals stole not just money, but people’s identity,” said Attorney General Harris. “While modern technology provides many advantages, it is also increasingly being used by criminals, which is why I created the eCrime unit within the Department of Justice.”

In September 2011, the Attorney General’s office charged the defendants 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 plead guilty to three counts of second degree burglary.

Between July 2010 and February 2011, Aroutiounyan and his co-conspirator replaced the card readers at Chase Bank ATM vestibules. The readers they installed allowed them to retrieve the card information of customers using the ATM. Additionally, the crew installed micro cameras to capture the card holders’ PIN entry. With both the card information and the PIN information, they created bogus ATM access cards. These cards were used to fraudulently withdraw $320,728. This type of crime is frequently referred to as a “skimmer operation.”

Chase Bank has reimbursed customers for their losses. The case was investigated by the San Luis Obispo County Police Department.

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.

Attorney General Kamala D. Harris and El Dorado County District Attorney Vern Pierson Announce Arrest of former El Dorado Deputy Sheriff in Embezzling Scheme

March 8, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – Attorney General Kamala D. Harris and El Dorado County District Attorney Vern Pierson today announced the arrest of a retired El Dorado County Deputy Sheriff who over six years embezzled more than $300,000 from the El Dorado County Deputy Sheriff’s Association.

Donald Philip Atkinson, the former El Dorado County Deputy Sheriff's Association (DSA) president, was arrested today on 44 felony counts, including embezzlement by public or private officer, grand theft, forgery and perjury.

An investigation by the El Dorado County District Attorney’s Office with assistance from the Attorney General’s Office showed that Atkinson falsified official documents, including Fair Political Practice Commission forms, submitted forged documents to DSA and claimed checks were written for charitable purposes but pocketed the money. The investigation was conducted after a request from the El Dorado County Sheriff’s Office.

Atkinson used DSA funds to open bank accounts in his name and submitted forged documents to the DSA to justify payments made to him and his companies.

Atkinson also provided falsified records indicating that checks for more than $20,000 were written for charitable purposes, including a donation for the families of four murdered Oakland police officers. None of the named organizations and individuals received donations from either Atkinson or the DSA.

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 $100,000 to Atkinson 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 were spent for the purpose Atkinson had claimed.

The case was investigated by the El Dorado County District Attorney’s Office with support from the Attorney General’s Office.

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

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Attorney General Kamala D. Harris Announces Arrests of Three Attorneys in Sacramento-area Loan Modification Scam

March 8, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- Attorney General Kamala D. Harris today announced the arrests of the owners and managing attorney of a law firm that took thousands of dollars in up-front loan modification fees for services that were never performed for homeowners, many of whom ended up losing their homes.

Gregory Flahive of El Dorado Hills, 39, Cynthia Flahive of Folsom, 41, and Mike Johnson of Elk Grove, 42, were arrested today on 19 felony counts, including grand theft by false pretense, conspiracy and false advertising. They were booked at the Sacramento County Jail with bail set at $50,000 bail each.

“Homeowners facing foreclosure are being targeted by predators, including those who use their law license to gain credibility and scam innocent Californians,” Attorney General Harris said. “My office’s Mortgage Fraud Strike Force is dedicated full-time to cracking down on these deceptive practices and protecting homeowners from fraud like this.”

Gregory and Cynthia Flahive, ex-spouses and owners of Flahive Law Corporation, and Johnson, the firm’s managing attorney, took up-front fees of up to $2,500 from homeowners in Placer, Sacramento, Butte and Yuba counties for loan modification services that were never performed. In California, it is illegal for foreclosure consultants to collect money for services before they are performed.

The Folsom-based law firm advertised their services on flyers, radio and televised infomercials, offering to provide loan modification services and help clients with bankruptcy, IRS tax relief and credit card modification.

In a 2010 infomercial, the Flahives said that, as a law firm, they had “extra leverage” with the banks. They described one of their unique services as a “mortgage violation audit” in which they reviewed a client’s loan documents to find bank violations that could be used as leverage to modify a client’s home loan.

In fact, the investigation revealed that, in some instances, the client’s lender had no record of contact with the Flahive Law Corporation.

Former clients of the Flahive Law Corporation filed complaints with the Attorney General’s office, as well as with the Better Business Bureau and the State Bar of California.

The State Bar of California launched an investigation, which was turned over to the Attorney General’s Mortgage Fraud Strike Force in summer 2011.

In one example of the firm’s deceptive practices, a victim who sought to lower his mortgage payments was told by Gregory Flahive to reject his lender’s offer of modification. The homeowner was told the Flahive Law Corporation could secure a better interest rate, reduce his principal, and possibly get his second mortgage eliminated. Four months later, the victim lost his home to foreclosure.

Agencies that assisted in serving today’s search and arrest warrants include the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), the Folsom Police Department, the Rancho Cordova Police Department and the El Dorado Sheriff’s Department.

“SIGTARP and its law enforcement partners are shutting down mortgage modification fraud, and holding a degree in law will not be a sufficient defense against prosecution,” said Christy Romero, Deputy Special Inspector General for SIGTARP.

Attorney General Harris formed a Mortgage Fraud Strike Force in May 2011 to investigate and prosecute mortgage fraud. In August, the Strike Force filed its first suit against a law firm that took millions from desperate homeowners: http://oag.ca.gov/news/press_release?id=2552&y=&m=. In December, a Strike Force investigation led to the arrests of three officers of a Stockton real estate company who ran a scam similar to that of Flahive Law Corporation. http://oag.ca.gov/news/press_release?id=2586&y=2011&m=

The investigation showed that the Flahive Law Corporation processed loan modifications for hundreds of Californians – and investigators believe there may be more victims in this case. If you are a former client of the Flahive Law Corporation, or if you want to report fraud or file a complaint, visit http://oag.ca.gov/consumers/loan-modification.

Photos are available from the Press Office. Please contact (415) 703-5837.

Attorney General Kamala D. Harris Announces 22-year prison sentence for Shovel Bandit

January 31, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced that Morgan Hicks was sentenced to 22 years in state prison for identity theft and breaking into more than 20 homes in Santa Cruz, Monterey and San Benito counties, often using a shovel.

Hicks pled guilty to 4 counts of residential burglary, 15 counts of receiving stolen property, 2 counts of identity theft and one count of grand theft auto on January 18th in the Monterey County Superior Court. He was sentenced on Friday.

Using a shovel to pry open doors, Hicks broke into over 20 homes in Santa Cruz, Monterey and San Benito counties between June and September 2007. Among the items he stole were jewelry, credit cards, a loaded firearm, and in one instance a 2006 Toyota Solara. Hicks used the credit cards to rent motel rooms and buy food and other items at convenience stores.

Hicks was arrested in September 2007 and held for two years on a parole violation stemming from a 2004 conviction for possessing stolen property. He was later charged with 60 counts related to the multiple burglaries.

The investigation was conducted by the Monterey and Santa Cruz County Sheriff Departments.

Attorney General Kamala D. Harris Announces End to Backlog that Slowed DNA Analysis at Justice Department Labs

January 25, 2012
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO -- Attorney General Kamala D. Harris today announced that the California Department of Justice has cleared a backlog that slowed the analysis of DNA crime scene evidence and will now be able to perform routine analysis within 30 days, down from an average of 90 to 120 days.

“DNA testing is a powerful law enforcement resource – a smart on crime tool that we’re using in cutting edge ways in California,” Attorney General Harris said. “Public safety is too important not to embrace innovation and adopt technology where needed. Crime scene evidence is too important to sit unanalyzed for months, while the victims await justice.”

Attorney General Harris made DNA testing a priority in 2011, because of the direct link between timely investigations and successful prosecutions. Along with committing resources and encouraging Department of Justice labs to improve their procedures, the Attorney General introduced new technology that dramatically increased the speed with which cases are analyzed. Using robotics, an extraction method in sexual assault evidence analysis that once took two days now takes just two hours.

As a result of these efficiencies, state forensic analysts - for the first time ever - eliminated the backlog of untested evidence. In 2011, the Department’s Bureau of Forensic Services analyzed 5,400 evidence samples – an increase of 11 percent from 2010 (4,800) and 24 percent from 2009 (4,100).

As part of the DNA analysis, evidence samples are run through the CAL-DNA Data Bank. A “hit” occurs when DNA evidence from an unsolved crime sample matches a DNA profile from evidence in another case or the DNA profile of an offender or arrestee in the data bank.

The Bureau of Forensic Services operates 13 regional laboratories, seven of which perform DNA testing of biological evidence to assist local agencies in solving sexual assault cases and other crimes of violence. The seven DNA labs are located in Ripon (near Modesto), Fresno, Redding, Riverside, Sacramento, Santa Barbara and Richmond. The Bureau serves 47 of California’s 58 counties.

The CAL-DNA Data Bank contains the DNA profiles of 1.8 million offenders and arrestees in California, as well as crime scene evidence. It is the largest working DNA data bank in the United States and the fourth largest in the world.

Attorney General Kamala D. Harris Announces Creation of eCrime Unit Targeting Technology Crimes

December 13, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN JOSE -- Attorney General Kamala D. Harris today announced the creation of the eCrime Unit, staffed with Department of Justice attorneys and investigators, and charged with identifying and prosecuting identity theft crimes, cyber crimes and other crimes involving the use of technology.

“Today’s criminals increasingly use the Internet, smartphones, and other digital devices to victimize people online and offline,” said Attorney General Harris. “I am creating the eCrime Unit so that California can be a leader in using innovative law enforcement techniques to target these criminals. The eCrime Unit will be comprised of investigators and prosecutors charged with working across jurisdictions and leading task forces to protect California consumers and businesses.”

The eCrime Unit investigates and prosecutes crimes that include a substantial technology component. Examples and descriptions of the kinds of crimes that the unit will prosecute are:

• Identity theft – The Internet provides new ways for criminals to steal personal information and identities whether through email phishing scams or trolling the Internet for personal information about others.
• Fraud committed using the Internet – This includes scams perpetrated via email and on Internet auction websites.
• Theft of computer components or services – Burglary and robbery of computers or other electronic devices by highly-organized gangs at manufacturing sites, storage facilities and retail stores.
• Intellectual property crimes, such as counterfeiting or piracy – Large numbers of websites and online networks exist solely for the unauthorized distribution of copyrighted material, such as movies, music and software.
• Child exploitation – Disrupting online child pornography networks and those who commit sex crimes against children using the Internet or social media.

Many of these crimes are multi-jurisdictional and are better suited for prosecution on a statewide level. The eCrime Unit, which began operations in August, consists of 20 attorneys and investigators, many of whom have spent years working on complex technology crimes.

Technology crimes affect consumers, businesses and the state government’s operations. California had 10 of the top 25 metropolitan areas for identity-theft related consumer complaints in 2010. According to the Federal Trade Commission, California has the most identity theft complaints of any state and third highest per capita. In fact, every year, more than 1 million Californians are victims of identity theft. Total losses throughout the state exceeded $46 million last year.

“Every year, California loses millions of dollars because the intellectual capital of our state is being hijacked by criminal elements,” said Assemblywoman Nora Campos, D-San Jose. “The addition of the eCrime Unit to California’s fight against technology crimes sends a clear message that we are determined to root out this type of illegal activity.”

The eCrime Unit will also provide 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 provide coordination for out-of-state technology-crime investigation requests. The eCrime Unit also will develop and provide training for law enforcement officers, prosecutors, the judiciary, and the public on cyber safety and the importance of strong information-security practices.

“As the importance of the Internet to our economy has grown, criminals have moved online to steal valuable information and goods from individuals and businesses,” said Santa Clara District Attorney Jeffrey Rosen. “In the 21st Century, law enforcement will be increasingly combating online criminal activity. The Attorney General's eCrime Unit will provide much needed resources and expertise to thwart and prosecute online criminals who cause billions of dollars in damage every year.”

Attorney General Harris outlined several cases that exemplify the work of the eCrime Unit. In July, George Bronk, a Sacramento-area man was sentenced to more than four years in state prison after hacking into email addresses and Facebook accounts of victims by finding answers to email security questions. He found indecent pictures and video and then blackmailed the victims. The victims in this case were located in at least 17 states and United Kingdom. More information on the case can be found http://www.oag.ca.gov/news/press_release?id=2541&y=&m=6

Attorney General Harris also announced the filing of five felony charges against Chen Zhang on December 8, 2011, in San Joaquin Superior Court. Zhang is being charged with possession of unauthorized and counterfeit jewelry from five different companies. Investigators for the Attorney General’s Office seized an estimated $1.5 million of counterfeit goods from her residence in Tracy, California on November, 3, 2011. A copy of the complaint, and photographs of the counterfeit jewelry, are attached to the electronic version of this press release.

In another case, defendants allegedly ran an identity theft scam at ATM vestibules across seven counties. They allegedly used a card reader to capture victims’ card numbers and a hidden camera to capture the PIN numbers. Total losses are estimated to be $2 million. The case (California v. Aroutiounyan) originated in San Luis Obispo County, but the Department of Justice eCrime Unit was able to investigate and charge the entirety of the scheme across all seven counties.

The Attorney General also announced the launch of a new web site devoted to cyber safety, which can be found at http://oag.ca.gov/cybersafety. The website contains information about online child safety, identity theft prevention tips and help for victims.

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Attorney General Kamala D. Harris Announces Arrests in Nationwide $6 Million Loan Modification Scam

December 7, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

LOS ANGELES--- Attorney General Kamala D. Harris today announced the arrests of two Southern California men who, under the guise of an attorney-backed loan modification company, collected more than $6 million from homeowners nationwide for services that were never performed.

Christopher Fox, 37, of Laguna Niguel and Curtis Melone (AKA Curtis Kubat), 37, of Huntington Beach were arrested Tuesday on 37 felony counts, including conspiracy, grand theft and unlawful collection of advance fees. They are being held at the Orange County Jail on $500,000 bail and will be arraigned today in Orange County Superior Court.

Fox and Melone – along with King Harris III, 42, of St. Louis, Missouri – collected more than $6 million in up-front fees through Orange County- based Green Credit Solutions. The Attorney General’s office will seek extradition of Harris, who currently faces federal mail and wire fraud charges in Missouri.

“Homeowners continue to struggle throughout California and across the country to hang onto their homes, and this prosecution is another warning to predators who would seek to profit from their distress: this kind of criminal conduct will meet with swift and certain consequences,” Attorney General Harris said. “Homeowners should never pay up-front fees to reduce their loans. Californians who face mortgage difficulties should instead contact a non-profit housing counselor, either through www.HUD.gov or a local non-profit housing clinic, to learn about the mortgage process and their rights as homeowners.”

In June 2009, the Attorney General’s office launched an investigation of Orange County- based Green Credit Solutions – later renamed Guardian Credit Services and Get My Credit Grade – in response to numerous consumer complaints filed with the office, as well as with the Better Business Bureau, the California Department of Real Estate and the State Bar of California.

Through witness interviews, analysis of the company’s marketing materials, and its business and financial records, DOJ investigators uncovered a scheme in which thousands of victims paid $3,500 for what they believed were attorney-backed loan modification services to reduce their interest rates, monthly payments or principal balance.

From November 2008 to October 2009, Fox, Melone and Harris collected more than $6 million from thousands of homeowners across California and nationwide. Victims were told their funds would be held in a so-called “attorney escrow account” until services were completed. In fact, those fees were often deposited into the account of a disbarred attorney and then promptly transferred to GCS.

Likewise, the company fraudulently claimed that loan modification services would be performed by attorneys; Harris is a disbarred Tennessee attorney and marketing materials referred to his alleged partners at the defunct law firm of “Smith Harris PLLC.”

In May 2011, Attorney General Harris formed a Mortgage Fraud Strike Force to investigate and prosecute mortgage fraud. In August, the Strike Force filed its first suit against a law firm that took millions from desperate homeowners: http://oag.ca.gov/news/press_release?id=2552&y=&m=

In California, foreclosure consultants are prohibited by law from collecting money before services are performed. For more tips on how to avoid mortgage fraud and other resources, and to report fraud or file a complaint, visit http://oag.ca.gov/consumers/loan-modification.

The complaint is attached to the online version of this release at http://oag.ca.gov/

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California Department of Justice Releases Latest California Homicide Rate Statistics

December 2, 2011
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO -- The California Department of Justice today released the annual “Homicide in California 2010” report showing the rate of homicide crimes per 100,000 in population decreased 7.8 percent from 2009. The total number of homicides declined from 1,970 in 2009 to 1,809 in 2010.

The homicide clearance rate, or percentage of reported crimes that have been solved, has increased for the fifth consecutive year. This year’s rate of 63.8 percent is the highest since 2001.

The “Homicide in California 2010” report details information about the crime of homicide and its victims, demographic data on persons arrested for homicide, and information about the response of the criminal justice system. Also included is information on the death penalty, the number of peace officers killed in the line of duty and justifiable homicides.

Among the highlights:

-80.3 percent of homicide victims were male, 19.7 percent were female.
-44.5 percent of homicide victims were Hispanic, 29.6 percent were black, 18.2 percent were white, and 7.4 percent were categorized as “other.”
-Females were more likely to be killed in their residence, while males were more likely to be killed on streets or sidewalks.
-When the victim-offender relationship was identified, 44.4 percent (the largest proportion) involved victims who were killed by friends or acquaintances. However a greater percentage of black victims were killed by strangers than were white or Hispanic victims (47.7 vs. 25.4 and 35.4, respectively).
-Of homicides where the weapon was identified, the majority (71.2 percent) involved a firearm.
-Of the homicides where the contributing circumstances were known, 36.1 percent were gang-related.

By the end of 2010, there were 709 persons under sentence of death in California. Of these, 34 were sentenced in 2010, 10 of which were in Los Angeles County.

Four California peace officers were feloniously killed in the line of duty in 2010.

A copy of the “Homicide in California 2010” report is attached to the online version of this release at www.oag.ca.gov.

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Attorney General Kamala D. Harris Announces 5-Year Sentence for Foreclosure Scam Targeting Northern California Homeowners

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

SACRAMENTO--- Attorney General Kamala D. Harris announced that Angeline Lisa Lizarrago, 69, of Fremont, was sentenced today to five years for a foreclosure scam in which dozens of struggling Bay Area and Central Valley homeowners paid for foreclosure services that were never delivered.

The case was investigated and prosecuted jointly by the Attorney General’s office and the office of Alameda County District Attorney Nancy E. O’Malley. The California Department of Real Estate and the Fremont Police Department assisted in the investigation.

“Protecting innocent homeowners from the empty promises by predators like Angeline Lizarrago is a top priority of my office,” Attorney General Harris said. “Those who take advantage of Californians facing foreclosure are not only breaking the law, they also are slowing California’s recovery from the economic recession. I am grateful to District Attorney O’Malley and other law enforcement leaders who have made a commitment to investigate and prosecute those who commit these crimes.”

Lizarrago was sentenced today in Alameda County Superior Court to five years and ordered to pay more than $31,000 in restitution to nine victims of her foreclosure scam. Two additional victims are seeking additional restitution; a restitution hearing was set for February 2012 to address their claims.

In September 2010, the Attorney General’s office and the Alameda County District Attorney’s office charged Lizarrago with 23 counts of felony fraud and theft committed at her Fremont business, Avemos Financial Group. The charges against Lizarrago and her co-defendant, Michael Douglas Young, 68, of Los Gatos, were based on 11 cases of fraud and theft totaling more than $50,000.

“The Alameda County DA’s office will remain highly vigilant in our effort to identify and prosecute people who prey upon distressed homeowners in these difficult economic times,” said District Attorney Nancy E. O’Malley. “We applaud the joint efforts of the California Department of Real Estate, the Fremont Police Department, the California Attorney General and the Alameda County District Attorney’s office that brought defendant Lizarrago to justice.”

From June 2008 to October 2009, Lizarrago, owner of Avemos, and Young, the general manager, targeted Spanish-speaking homeowners, as well as Southeast Asian immigrants, who were desperate to save their homes.

Victims of the scam were located throughout the Bay Area, including San Leandro, Hayward, Oakland, South San Francisco, and Fremont. There were also a substantial number of victims from the Central Valley.

People stood in line for hours to get into Avemos’s waiting room, which was decorated with shrines to the Virgin Mary. Clients seeking help typically paid $1,500 initially. Lizarrago promised she would take steps to stop banks from foreclosing on clients’ homes and renegotiate their loans to lower monthly loan payments and reflect their homes’ current market value. Lizarrago guaranteed a refund if they were unsuccessful. Many clients lost their homes in foreclosure and did not receive a refund.

Lizarrago also took advantage of the foreclosure crisis in another way. She told an 89-year-old man and his wife, who wanted to move away from Stockton, that she owned 51 properties, many of which had been foreclosed upon, and she could find them a home in Fremont. She asked for an up-front fee, which she promised to return with interest once the purchase was made. In a series of payments, the couple gave Lizarrago $25,000. She never found them a home, nor returned their money.

Lizarrago was on bail from Madera County at the time she committed the offense and she has a prior felony conviction for grand theft. Young, who pled not guilty to the felony charges, is scheduled for jury trial on January 23, 2012.

Attorney General Harris formed a Mortgage Fraud Strike Force in May 2011 to investigate and prosecute mortgage fraud. In August, the Strike Force filed its first suit against a law firm that took millions from desperate homeowners: http://oag.ca.gov/news/press_release?id=2552&y=&m=

For tips on how to avoid mortgage fraud and other resources, and to report fraud or file a complaint, visit http://oag.ca.gov/consumers/loan-modification.

The investigation into further criminal actions by Lizarrago and Young is ongoing; to share information about the Avemos Group or the defendants, please call the Alameda County District Attorney’s office at (877) 288-2882.

For more information, see the attachment to the online version of this release at http://oag.ca.gov/.

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