Law Enforcement

Sacramento – Governor Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. today presented six California peace officers who “exhibited extraordinary bravery in the line of duty” with the Public Safety Officer Medal of Valor at a Capitol ceremony today.

“These individuals exhibited extraordinary bravery in the line of duty when they risked their lives to protect their fellow officers and members of the public,” Brown said. “It is fitting that we honor their fine service and thank all the men and women of law enforcement who safeguard our communities every day.”

“Today we honor California's best and bravest for showing extraordinary strength and character while answering the call of duty,” said Governor Schwarzenegger. “In the face of danger, each of these men protected their fellow officers, members of the public and communities. They are true heroes and serve as an inspiration to us all. On behalf of all Californians, I thank them for their selfless and courageous service.”

The Public Safety Officer Medal of Valor is the highest state award for valor awarded to a public safety officer. Under the Public Safety Officer Medal of Valor Act of 2003, the Attorney General nominates individuals who demonstrate extraordinary valor above and beyond the call of duty, and the Governor subsequently awards the medal.

On June 12, 2009, Brown nominated six individuals for the Medal of Valor in a letter to Schwarzenegger. On Thursday, Schwarzenegger officially awarded the officers with their medals at a ceremony in the Governor’s Council Room.

Attached is a copy of Brown’s letter of nomination:

June 12, 2009

The Honorable Arnold Schwarzenegger
Governor of California
State Capitol Building
Sacramento, CA 95814

Re: 2008 Governor’s Public Safety Officer Medal of Valor

Dear Governor Schwarzenegger:

The Medal of Valor Review Board met on April 29, 2009, to assess 28 nominations for the 2008 Medal of Valor. The Board made six selections and presented those to me for approval. I concur with the Board’s unanimous recommendations that the following public safety officers deserve this award:

• Lieutenant Raymond Garcia and Officer Scott O’Connor, El Segundo Police Department
April 11, 2008 Lieutenant Garcia and O’Connor were working a special detail at a theatre complex when they were told by the manager of an uncooperative man in the lobby who was demanding a ticket refund. The officers approached and noticed the man appeared extremely sweaty. The subject pulled away at an attempted pat down and then retrieved a weapon when the officers reached for him. The subject opened fire, his first shot striking Lieutenant Garcia in the face. The round entered above Lieutenant Garcia’s lip, shattering the right side of his upper jaw, knocking out several teeth. The bullet continued on, striking a vertebrae and finally lodging in Lieutenant Garcia’s neck. Officer O’Connor tackled the subject, but he continued firing, striking Officer O’Connor in the chest and shoulder at point blank range. Fortunately Officer O’Connor’s bullet proof vest absorbed the impact from the torso shot, but the shoulder shot caused extensive damage, severing several tendons and muscles. The subject then got up and ran from the building. As he did so, Officer O’Connor followed, engaging the subject in a running gun battle. Lieutenant Garcia, dazed and bleeding profusely fought off his injuries and followed, also firing his service weapon. Both officers fired until the subject was incapacitated.

• Officers Bryan Paul and Joe Romeo, Los Gatos/Monte Sereno Police Department
On October 17, 2008 Officer’s Paul and Romeo received a call that a car had left a driveway and gone backwards down a steep embankment on an isolated hillside. The older couple in the car was uninjured, but the driver, now holding the brake, was unable to leave the car without it sliding further down the hill. Officer’s Paul and Romeo had to first scale a locked gate and then search for the car in the dark. Footing was treacherous when the officers located the vehicle, and when the victim attempted to exit the car, it started to slide further down the hill. There was no way to brace the car, so Officer Romeo held the driver’s door while Officer Paul continued pressure on the brake with his hands, exposing his body to a rollover threat, but relieving the exhausted driver. Officer Paul and Romeo held these positions for over a half hour as fire personnel worked to set up rigging to stabilize the car. When the officers themselves began to tire, they devised a plan to extricate the driver in a sudden move pulling him free. As this plan was deployed, the driver was rescued, but Officer Romeo was dragged down the hill by the now released car as he continued to hold the door for the rescue. Fortunately no one was injured in the incident.

• Sergeant Dave Peruzzaro, San Mateo Police Department
On November 25, 2008, at roughly 9:30 AM, numerous San Mateo police officers were dispatched to a residential robbery in progress. Sergeant Dave Peruzzaro, one of the first to arrive, approached the front door and saw the male suspect walking down a hallway in the residence carrying a handgun. It was determined that the 24-year-old female resident and her two children, ages three years and one year, were being held against their will by the armed suspect. The victim spoke with negotiators over a cellular telephone and stated the suspect was trying to break down the door to the bedroom. She told negotiators that she was going to drop her two children from the bedroom window to safety.

An armored rescue vehicle was driven to the scene to attempt the rescue of the victim and her children. Sergeant Peruzzaro climbed onto the exposed roof of the armored rescue vehicle and it was driven to a position directly below the bedroom window. Sergeant Peruzzaro placed himself in a precarious and defenseless position in order to accept the children from the victim. Sergeant Peruzzaro leaned toward the window frame and placed both his hands against the building. The mother of the children handed Sergeant Peruzzaro the first child who was quickly and safely passed on to other officers on the ground. As the second child was handed to Sergeant Peruzzaro, the suspect fired 10 rounds through a wall into the room where the victim was standing. Three rounds struck the victim while four struck the frame around the window where Sergeant Peruzzaro was accepting the last child. As the bullets tore through the bedroom walls, Sergeant Peruzzaro kept his grasp on the child, but lost his ability to support himself and fell to the ground from the roof of the armored rescue vehicle. As Sergeant Peruzzaro fell, he placed his arms around the child and twisted his own body to protect the child. Sergeant Peruzzaro, stunned by the fall, got to his feet and ran with the child to safety, believing he was shot due to a burning pain in his upper body. Ultimately, upon medical examination, Sergeant Peruzzaro was determined not to have been struck by a bullet. Tragically, the mother of the two children was fatally wounded by the suspect. The suspect was also located, deceased from a self-inflicted gunshot wound.

• Officer Roger Smith, California Highway Patrol
Tuesday December 2, 2008 CHP Officer Roger Smith responded to a domestic violence call to provide backup to Tehama County Sheriff’s Deputies and another CHP officer already on the scene. Officer Smith picked up radio traffic indicating that the other officers had come under shotgun fire from the subject, and that one of the officers was injured. While rushing to assist, Officer Smith relayed critical information to the communications center. The injured officer, wounded in the femoral artery and bleeding profusely, advised that he was still pinned down and feeling faint. Upon arrival, and realizing the urgency of the situation, Officer Smith positioned his car, rear doors open and still under fire, so as to facilitate the extraction of the injured officer. Having rescued the bleeding officer from the scene, Officer Smith drove him to awaiting medical personnel.

As you will see from the enclosed nomination forms, these six public safety officers put their own lives directly in jeopardy. The State of California, and particularly their communities, should be proud of these individuals for their bravery, character, professionalism and willingness to serve with such uncommon valor.

Therefore, I request that you award the Medal of Valor to the aforementioned public safety officers. Tom Sawyer, your Public Safety Liaison Officer, has notified the Board that the date of September 10, 2009 and a time from 11:30 a.m. to 12:30 p.m. in the Governor’s Council Room has been reserved by your office for the 2008 Medal of Valor Ceremony. The Department of Justice will have the awards prepared and notifications sent to the award recipients, their families and the Medal of Valor Review Board members.

Thank you for your consideration of this very worthy recognition of California’s top public safety officers.

Sincerely,

EDMUND G. BROWN JR.
Attorney General

Sacramento - On September 10, 2009, at 11:30 a.m. in the State Capitol, Governor Arnold Schwarzenegger and Attorney General Edmund G. Brown Jr. will present six California peace officers who exhibited extraordinary bravery in the line of duty with the Public Safety Officer Medal of Valor at a ceremony in the State Capitol.

Date: Thursday, September 10, 2009
Time: 11:30 a.m. to 12:30 p.m.
Location: Governor’s Council Room, State Capitol building

On June 12, 2009, Brown nominated the following individuals for the Medal of Valor:

• Lieutenant Raymond Garcia and Officer Scott O’Connor of the El Segundo Police Department;
• Officers Brian Paul and Joe Romero of the Los Gatos/Monte Sereno Police Department;
• Sergeant Dave Peruzzaro of the San Mateo Police Department; and
• Officer Roger Smith of the California Highway Patrol.

On Thursday, Governor Schwarzenegger will officially award these individuals with the Medal at a ceremony in the Governor’s Council Room.

The Public Safety Officer Medal of Valor is the highest state award for valor awarded to a public safety officer. Under the Public Safety Officer Medal of Valor Act of 2003, the Attorney General nominates individuals who demonstrate extraordinary valor above and beyond the call of duty, and the Governor subsequently awards the medal.

Bakersfield – Attorney General Edmund G. Brown Jr. announced that Kern Valley Hospital administrator Pamela Ott was charged on eight felony counts of elder abuse today for allowing staff to forcibly administer psychotropic medications to patients for their own convenience, rather than for their patients’ therapeutic interests. These actions are alleged to have resulted in the deaths of three nursing home residents.

“As hospital administrator, Pamela Ott, was ultimately responsible for safeguarding the welfare of her patients,” Brown said. “Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to foricibly sedate patients who questioned their care.”

Brown the charges against Ott in Kern County Superior Court. She surrendered herself in court this morning and pled not guilty. She was released on her own recognizance on the condition that she not run a skilled nursing facility. A preliminary hearing is set for November 4, 2009. Today’s charges are in addition to those filed in February 2009 against:

• Gwen Hughes, the former Director of Nursing at the skilled nursing facility of the Kern Valley Healthcare District in Lake Isabella, Kern County on charges of elder abuse and assault with a deadly weapon.

• Debbi Hayes, the former pharmacist at the Valley Healthcare District, on charges of elder abuse and assault with a deadly weapon. On August 14, 2009, Hayes pled no contest to a felony charge of conspiracy to commit an act injurious to public health. She is a cooperating witness for the people.

• Dr. Hoshang Pormir, a staff physician at Kern Valley Healthcare District, who was serving as the medical director of the skilled nursing facility, on charges of elder abuse.

As the Administrator of the Kern Valley Health Care District, Ott hired and supervised Director of Nursing Gwen Hughes.

Upon taking over in September 2006, Hughes ordered that Alzheimer's and other dementia patients be given high doses of psychotropic medications to make them more tranquil and easy to control. She ordered the administration of these medications to patients who argued with her, were noisy, or who were otherwise disruptive. Two patients who resisted were held down and forcibly given injections. Ms. Ott was informed of these actions and allowed them to continue.

Hughes is also alleged to have directed Debbi Hayes, the hospital pharmacist, to fill prescriptions for psychotropic medications. Hayes wrote and filled these prescriptions without first obtaining a doctor's approval.

Dr. Pormir approved these psychotropic medications only some time after they had been administered and without examining the patients first and determining whether these psychotropic medications were medically necessary.

Several of these patients are alleged to have had medical complications as a result of being given these psychotropic medications, including lethargy and the inability to eat or drink properly. It is believed that three patients died and one patient suffered great bodily injury as a result.

The investigation

Kern Valley Healthcare District operates a small community hospital and skilled nursing facility in Lake Isabella. The case came to the attention of authorities in January 2007, when an ombudsman reported to the Bakersfield office of the California Department of Public Health that a patient in the skilled nursing facility had been held down and given an injection of psychotropic medication by force.

The Department of Public Health immediately sent an investigative team with a doctor, a nurse, and a doctor of pharmacology. They determined that 22 patients, including some who were suffering from Alzheimer's at the skilled nursing facility, were being given high doses of psychotropic medication not for therapeutic reasons, but to simply control and quiet them for the convenience of the staff.

The Department of Public Health issued a Certificate of Immediate Jeopardy which resulted in the immediate dismissal of the Ms. Hughes. The matter was then turned over to the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse.

Special Agents from the Bureau of Medi-Cal Fraud and Elder Abuse began a year-long investigation, with the co-operation and assistance of the Department of Public Health and the administration of the Kern Valley Healthcare District.

A search warrant was served on the facility in August 2008, resulting in the seizure of numerous medical files and records.

If convicted, all defendants could face up to 11 years in prison.

The case is being prosecuted by the Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse, with the co-operation and assistance of the Kern County District Attorney's Office.

To view the news releases issued February 2009 about this case, go to http://ag.ca.gov/newsalerts/release.php?id=1682&.

To report elder abuse or Medi-Cal fraud, call the Bureau of Medi-Cal Fraud and Elder Abuse's hotline at (800) 722-0432.

The complaints are attached.

El Centro, Calif. – Attorney General Edmund G. Brown Jr. announced today that agents from his office have once again “successfully disrupted” operations of the dangerous Sinaloa drug cartel, seizing more than $1.1 million in U.S. currency and arresting six individuals who attempted to purchase approximately 160 pounds of cocaine this week.

“Agents from the Bureau of Narcotic Enforcement have arrested six associates of the Sinaloa drug cartel and seized over $1 million in U.S. currency,” Brown said. “Combined with last week’s indictments and seizures, these arrests have once again successfully disrupted the operations of this dangerous criminal syndicate.”

As part of an undercover operation last month, agents from the Attorney General’s Bureau of Narcotic Enforcement (BNE) met with associates of the Sinaloa drug cartel who were interested in purchasing a large quantity of cocaine. These individuals operated out of Imperial, Los Angeles and San Bernardino counties.

From August 29 through August 31, 2009, BNE agents brokered a narcotics transaction with the suspects through a series of undercover meetings. The individuals eventually agreed to purchase approximately 160 pounds of cocaine for just over $1.1 million. The street value of this quantity of cocaine is more than $7 million.

After the deal, BNE agents made arrests at two locations. The first location was in a Home Depot parking lot located at 6400 Alondra Boulevard in Paramount, Calif. where two of the suspects had arrived to pick up the 160 pounds of cocaine. The second was at a residence on the 15000 block of Lime Street in Hesperia, Calif. where four of the suspects were waiting with the $1.1 million in U.S. currency.

The following suspects were arrested and are being held in Imperial County Jail on $2 million bail each for Possession for Sales of Cocaine; Transportation of Cocaine; and Possession of Excess $100,000 of Drug Proceeds:

• Mario Sicairos Eseberre, 46, of Culiacan, Mexico;
• Carlos Victor Lopez Mora, 66, of Mexicali, Mexico;
• Edgar Laureano Cruz, 40, of Los Angeles, Calif.
• George Rico, 32 of Hesperia, Calif.;
• Janette Rico, 32 of Hesperia, Calif.; and
• Modesto Marin Rico, 53, of Hesperia, Calif.

If convicted on all charges, each suspect faces up to 15 years in prison.

Agents from the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) and the El Monte Police Department assisted BNE with the investigation.

After the arrests were made, three children, between the ages of 10 and 15, living at the residence in Hesperia were turned over to child protective services.

Agents also seized five weapons at the Hesperia residence, including:

• Bushmaster, model XM15E2S, .223 caliber;
• Olympic Arms AR-15, .223 caliber;
• Llama, model 38 super, 38 caliber;
• MAADI Co., MISR AK-47; and
• Dan Wesson, model 445, caliber .44.

Approximately $27,000 was also seized from the suspects arrested in Paramount.

This bust follows last week’s announcement that Brown’s office, working with Imperial County District Attorney Gilbert Otero, had secured indictments against 16 individuals and seized over 550 pounds of cocaine and marijuana as part of “Operation Silver Fox,” an eight- month undercover investigation into the Sinaloa drug cartel. This investigation involved BNE, the Imperial County Narcotic Task Force, Imperial County District Attorney Otero and Imperial County Sheriff Raymond Loera.

The Sinaloa drug cartel is notorious for smuggling drugs into Southern California—often through the Calexico ports of entry—and purchasing cocaine from other drug traffickers in San Bernardino, Los Angeles and Imperial Counties. The drugs are ultimately distributed to local buyers in Southern California, Atlanta, Chicago, New York and Canada.

Pictures of the currency and weapons seized are attached.

Los Angeles – Attorney General Edmund G. Brown Jr. today announced that, at the request of the Los Angeles Police Department, agents from his office have launched an independent investigation into matters uncovered in the Michael Jackson inquiry.

“Responding to a request from the LAPD, agents from my office will investigate several physicians whose names have come up in the course of the Michael Jackson death inquiry,” Brown said. “This investigation is at its earliest stages, and no conclusions can be drawn at this point.”

On August 20, 2009, the LAPD met with representatives from the Attorney General’s Bureau of Narcotic Enforcement (BNE) and the Drug Enforcement Administration to discuss information uncovered during its investigation into the death of Michael Jackson.

In the coming days and weeks, BNE agents will review relevant records and documents.

The LAPD is the primary agency responsible for the investigation into the death of Michael Jackson. The Attorney General’s office will continue to assist the LAPD as necessary.

The Attorney General’s office maintains a prescription drug monitoring system, known as CURES (Controlled Substance Utilization Review and Evaluation System). The CURES system is designed to identify and deter drug abuse and diversion through accurate and rapid tracking of controlled substances.

Imperial, Calif. – Attorney General Edmund G. Brown Jr. announced at a news conference today that, working with Imperial County District Attorney Gilbert Otero, his office has secured indictments against 16 individuals and seized over 550 pounds of cocaine and marijuana, dealing a “body blow” to Mexico’s notorious Sinaloa drug cartel.

The indictments and seizures come as part of “Operation Silver Fox,” a joint investigation between the Attorney General’s Bureau of Narcotic Enforcement, the Imperial County Narcotic Task Force, Imperial County District Attorney Otero, and Imperial County Sheriff Raymond Loera.

“This notorious cartel smuggled massive quantities of cocaine and marijuana into Southern California, fueling addiction and violence across the nation,” Brown said. “Through a very dangerous and courageous undercover operation, the Bureau of Narcotic Enforcement and Imperial County Narcotic Task Force has dealt a body blow to this syndicate and seized hundreds of pounds of narcotics.”

Initiated in January 2009, the investigation found that the Mexican cartel smuggled drugs into Southern California—often through the Calexico ports of entry using vehicles equipped with hidden compartments—and would subsequently distribute the drugs to buyers in cities throughout the United States and Canada.

The 8-month investigation included more than 100 surveillance operations (carried out in Bell Gardens, Calexico, Colton, Fontana, Los Angeles, Ontario, Pacoima, Rialto, Riverside and San Diego), 30 undercover meetings and the execution of 6 search warrants. The operations resulted in the seizure of:

• 420 pounds of cocaine and 136 pounds of marijuana, with a combined street value of more than $19 million;
• $1.7 million in U.S. currency; and
• 9 firearms, including 7 handguns and 2 assault rifles.

In addition to smuggling drugs across the border, the cartel also purchased cocaine from other drug traffickers in San Bernardino, Los Angeles and Imperial Counties. The drugs were ultimately distributed to local buyers in Southern California, Atlanta, Chicago, New York and Canada in large monthly shipments.

A March 2009 operation, for instance, resulted in the seizure of a large cargo truck used as a cocaine vault to distribute more than 1,000 pounds of drugs every month to Canada, for two years. The seizure came after agents followed a vehicle from Imperial County to an auto repair shop in Pomona. At the shop, agents seized 51 pounds of cocaine from hidden compartments in the vehicle and an additional 119 pounds of cocaine from the cargo truck vault.

In addition to the vehicle, cargo truck and cocaine seized in Pomona, the following vehicles were seized over the course of the investigation:

• 1996 Honda Accord with 37.4 pounds of cocaine hidden in the vehicle in February 2009;
• 2003 Ford Expedition with 37.4 pounds of cocaine hidden in the vehicle in February 2009;
• 2000 Ford Excursion with $19,106 hidden in the vehicle in February 2009;
• 2000 Nissan Xterra with 81 pounds of cocaine hidden in the vehicle in March 2009;
• 2003 Toyota 4Runner with $658,470 hidden in the vehicle in March 2009;
• 2007 GMC Yukon with $738,960 hidden in the vehicle in April 2009;
• 2003 GMC Pick-up truck with 97 pounds of cocaine hidden in the vehicle in April 2009;
• 2001 Dodge Pick-up truck involved in the purchase of 22 pounds of cocaine in May 2009; and
• 2001 Dodge Dakota involved in the purchase of 22 pounds of cocaine in May 2009.

Based on the results of the investigation, the Imperial County Grand Jury indicted the following 16 suspects:

• Marco Mendoza, 43, of South Gate, Calif. was arrested in March 2009 and is being held in Los Angeles County Jail;
• Gerald William Andrews, 42, of Pacoima, Calif. was arrested in July 2009 and is being held in Imperial County Jail;
• Lorena Lara, 29, of Fontana, Calif. was arrested in August 2009 and is being held in San Bernardino County Jail;
• Juan Berumen Sandoval, 44, of Rialto, Calif. was arrested in August 2009 and is being held in Imperial County Jail;
• Juan Gabriel Molina, 28, of South Gate, Calif.;
• Hilario Lopez Rodriguez, 43, of Pacoima, Calif.;
• Norberto Ruelas Urias, 39, of Long Beach, Calif.;
• Ramon Valenzuela, 33, of South Gate, Calif.;
• Rodrigo Grijalva, 31, of Mexicali, Mexico;
• Jose Abraham Guzman, 26, of Mexicali, Mexico;
• Cesar Yaserf Lara, 21, of Mexicali, Mexico;
• Sergio Villagrana Murillo, 62, of Mexicali, Mexico; and
• Four other suspects whose names are being withheld to avoid compromising future arrests.

The investigation is ongoing. Brown’s agents continue to work with U.S., Mexico and local law enforcement officials to apprehend the outstanding suspects.

In addition to the news conference, Brown today met with Mexico, U.S., state and local law enforcement officials to discuss how to improve intelligence gathering, law enforcement action and cross-border collaboration. This includes a first-of-its-kind meeting between Brown, Mexico’s Baja California Attorney General, the Imperial County District Attorney and Sheriff.

Los Angeles – Attorney General Edmund G. Brown Jr. announced that agents from his office late last night arrested two individuals who bilked Medicare out of $678,000 by submitting phony bills for walkers, wheelchairs, diabetic shoes and even body braces and canes, using the proceeds for luxury goods including a gold-colored Hummer H200.

A third suspect remains at large.

“At a time when government needs every dollar it has, these individuals submitted completely false claims for equipment they never purchased,” Brown said. “Such callous disregard for the public interest is intolerable and warrants swift prosecution.”

In April 2009, agents from the Attorney General’s Bureau of Medi-Cal Fraud and the U.S. Department of Health and Human Services launched a joint investigation into dozens of suspicious Medicare claims for durable medical goods.

The four-month investigation found that, beginning in November 2008, the defendants established dummy medical supply companies, obtained stolen social security numbers and physician providers numbers, made counterfeit state IDs, and used the information to submit false claims totaling $678,000 to Medicare.

After receiving payment from Medicare, the defendants deposited the funds into an account at Center Bank in Los Angeles, using them to pay for luxury goods, including the Hummer that Odonnell purchased.

Brown’s office filed charges Tuesday in LA Superior Court and yesterday arrested the following individuals:

• Monica Odonnell, 44, of Canoga Park, on four counts of misapplication of records, and computer access and fraud. She is being held on $15,000 bail in the Los Angeles County Jail. Odonnell is a Department of Motor Vehicles employee.
• Ekaterina Shlykova, 23, of Los Angeles on one count of perjury. She is being held on $25,000 bail in the Los Angeles County Jail.
• A third individual -- Evgeny Lyadov, 32, of Los Angeles -- was charged with 36 counts of grand theft, making fraudulent claims, identity theft, and perjury. Lyadov remains at large. A search of his office uncovered over $170,000 in cash, fraudulent credit cards and duplicate passports.

Medicare schemes are often uncovered when one business submits an unusually large number of claims for the same device or beneficiaries. To evade detection, these defendants sought to give the impression that doctors were ordering medical equipment for different beneficiaries at different stores.

Ultimately, however, the actual Medicare beneficiaries complained that their monthly statements showed that they had received medical equipment from businesses in Los Angeles, when they had not.

Auditors investigated and discovered a large number of claims for the same devices were being made from a company called “North Hollywood Medical Supply” and referred the suspicious activity for prosecution.

"Medicare fraud is an increasingly serious problem that costs taxpayers billions in lost and wasted dollars,' said Sarah J Allen, Special Agent in Charge for the San Francisco Region of the Office of Inspector General for the Department of Health of Human Services. 'Today’s arrests represent one victory in a bigger battle to stop these fraudulent schemes so that Medicare can better serve those who really need and deserve help.'

If convicted, Odonnell and Shlykova could receive up to three years in state prison. Lyadov could face more than 15 years in prison.

To report fraud or abuse, call the Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse at (800) 722-0432.

Copies of the arrest warrants and criminal complaints are available upon request.

Los Angeles – Threatening possible criminal and civil prosecution, Attorney General Edmund G. Brown Jr. today ordered 386 mortgage foreclosure consultants to post $100,000 bonds and register with his office.

He also ordered more than two dozen companies to justify suspicious loan modification claims made in “slick advertising,” online and through the mail.

“Hoping to lower their mortgage payments, thousands of homeowners were instead duped by slick advertising and money-back guarantees,” Brown said. “The time for accountability is at hand, and this rogue industry must clean itself up or face legal action,” Brown added.

Brown also unveiled a new website (http://ag.ca.gov/loanmod) that provides homeowners tips to avoid loan modification fraud, allows them to determine if a company is registered with his office and makes it easier to file complaints.

Brown today joined with the California Department of Real Estate and the State Bar of California in a new partnership to combat loan modification and foreclosure fraud.

Brown has sent letters directing 386 mortgage foreclosure consultants to register with his office within 10 days and post $100,000 bond, or demonstrate why they are not required to. If the consultants are required to register and have failed to do so, they are subject to criminal penalties of up to a year in jail and fines ranging from $1,000 to $25,000 per violation. Eighty-five of these consultants are based in Los Angeles County, 133 in Orange County, 47 in the Inland Empire, 68 in San Diego County and seven in the Bay Area.

Additionally, Brown sent letters today demanding that 27 loan consultants substantiate suspect claims made on the internet and in direct mail advertising. For instance:

· Brown directed Irsfeld, Irsfeld & Younger, LLP as corporate counsel for JL Richman, doing business as Home Retention Programs of Glendale, Calif. to substantiate its claims including: “Our team has 10 years of success in negotiating 90% of all mortgage loan modification requests to a successful outcome….For the modification requests we accept, our modification failure rate is less than 1%.”

· Brown directed 21st Century Real Estate Investment Corporation of Rancho Cucamonga to substantiate its written solicitations including: “[y]our proposed loan modification is a 30 year fixed/3.5% interest rate with a monthly payment of $495. Your monthly savings is $705. Total savings over a 30-year period is $253,800. . . . Your first payment will be negotiated to begin March 2009 – payable to your current lender for $495.”

· Brown directed Mortgage Modification Solutions of Irvine to substantiate its claims including: “Our services are due to the FEDERAL MANDATE which makes it mandatory for mortgagees, upon the default of a single family mortgage, to engage in loss mitigation actions” and “Why $3995.00 is nothing compared to what you can accomplish in return? #1- It’s 10 times more expensive to hire a CPA or a Financial Advisor to exclusively analyze & Research your financial affairs to create a plan acceptable to the Banking standards.”

· Brown directed Alliance Law Center of San Diego to substantiate its letters to consumers stating: “Final Notice: 3/11/09, our review of certain information indicates you may be a victim of federal disclosure violations and/or predatory lending violations, therefore your loan may be invalid, and you may qualify for a loan modification saving you thousands of dollars.”

The State Bar of California today announced that it has obtained resignations from two lawyers and filed charges against a third for their loan modification activities. The State Bar’s special team on loan modification complaints continues to investigate more than four hundred active complaints from consumers about lawyers’ roles in loan modification scams.

Brown has made it a top priority to combat loan modification fraud. As part of a nationwide sweep last month, Brown filed suits against 21 individuals and 14 companies who ripped off thousands of homeowners seeking mortgage relief. In total, Brown has sought court orders to shut down 32 companies and has brought criminal charges and obtained lengthy prison sentences for deceptive loan modification consultants.

Copies of the letters and a list of consultants who have not registered are attached.

Los Angeles – Today at 11:00 a.m. Attorney General Edmund G. Brown Jr. will hold a media availability to discuss yesterday’s ruling by a federal three-judge panel ordering California to release more than 40,000 inmates from state prisons.

Date: Wednesday, August 5, 2009
Time: 11:00 a.m.
Location: Los Angeles Office of the Attorney General
First Floor
300 South Spring Street
Los Angeles, CA 90013-1230

Please call (510) 622-4500 with questions or to RSVP.

San Diego – Continuing his fight against “rip-off artists,” Attorney General Edmund G. Brown Jr. won a $1.2 million ruling against Gaston Muhammad, 42, and Ronna Green, 41, of Duluth, GA, who billed nearly a million California business owners $150 each for deceptive and unnecessary corporate minutes services.

“These rip-off artists sent nearly a million deceptive mailers to business owners, threatening them with loss of their corporate status if they didn’t pay $150 for unnecessary services,” Brown said. “In reality, this was a massive scam costing California small business owners hundreds of thousands of dollars.”

The defendants mailed solicitations to California business owners that were designed to look like State of California official forms—specifically, the Secretary of State’s “Annual Statement of Information.” The solicitations implied that unless the corporations paid the defendants a $150 annual fee, they could lose their corporate status. The defendants sent out 986,000 solicitations to California businesses between July 2007 and November 2008.

The solicitation appeared to be a government document featuring an official-looking seal, an official-sounding name, the corporation number, citations to the Corporations Code, and a return address in Sacramento. The defendants, in fact, resided in Georgia and the Sacramento address was a mail drop.

The defendants promised to prepare annual minutes for the recipient corporations, even though the information sought on the forms was insufficient to create minutes. Defendants simply invented the dates, meeting places, participants, and actions taken in the fictitious minutes they created.

Brown filed suit in San Diego Superior Court in May 2008, charging defendants with violating:

• Business and Professions Code section 17533.6 (Deceptive Mailing Statute) and 17550 (False Advertising Statute)
• Civil Code section 1716 (Phony Billing Statute)
• Permanent injunction from a previous mail scam judgment against Gaston Muhammad
• Unfair business practices within the meaning of Business and Professions Code section 17200.

On June 22, the Trial Court ruled that the solicitations were misleading. The Court also found that the disclaimers were not big and bold enough to alert the recipients that this was not an official form. It found that the defendants violated all four statues and the permanent injunction.

The court ordered defendants to pay restitution of $200,000 and imposed civil penalties of $986,000. It further issued a permanent injunction which, in addition to requiring the defendants to comply with the law, barred them from engaging in the business of providing corporate minutes in California for five years. The Court also awarded the state the costs incurred in the prosecution of this case.

Earlier this year, Brown filed suit against two brothers operating a similar scam, billing homeowners nearly $200 each for property tax reassessment services that were almost never performed and are available free of charge from local tax assessors.

The judgment and a copy of the mailer are attached.