Lawsuits & Settlements

Thirteen attorneys general, all but one are Republican, are rushing to kill the federal healthcare bill by filing lawsuits alleging that the bill violates states' rights. Here in California, a handful of Republican leaders have followed suit and are asking that I join in. Accordingly, I've instructed deputies in my office to carefully review these claims in light of applicable constitutional principles. Health care is not the place, with people's lives at stake, to engage in poisonous partisanship. At this critical time in our nation's history, we need to come together to forge a common purpose.

Oakland—Attorney General Edmund G. Brown Jr. today announced a court judgment against Pro’s Choice Beauty Care, Inc., a New York-based hair care product distributor, blocking the company from selling “pollution-causing” products that also exacerbate respiratory illnesses.

The judgment also requires the retailers Rite Aid, Long’s Drug Stores, CVS Pharmacy, Walgreen Company, Ralphs Grocery Company, Kmart and Target to remove these products at all California stores.

“Pro’s Choice sold thousands of containers of pollution-causing hair products to consumers who unknowingly exposed themselves and the environment to harmful pollutants,” Brown said. “Today’s agreement will remove products from store shelves that pollute our air and exacerbate respiratory diseases such as asthma.”

Pro’s Choice, the largest distributor of professional hair care and nail products in the country, buys U.S. brand-name products overseas and re-imports the products to sell them below suggested retail value. The products are then redistributed to pharmacies, grocery chains, and wholesale clubs throughout the country.

In late 2006, the California Air Resources Board (CARB) and several district attorneys notified Brown’s office that many products supplied by Pro’s Choice contained air contaminants well above the state’s limits on volatile organic compounds (VOCs.) Despite numerous tests and repeated violations and requests for compliance, Pro’s Choice continued to sell these products to retailers.

Brown’s office filed a lawsuit against the company in 2008. The company was charged with violating California’s Health and Safety Code 42400 et seq., which protects air quality and prevents companies from intentionally discharging pollutants into the air.

VOCs significantly contribute to the formation of smog. Under California law, depending on whether the product is a hair spray, mousse, gel or styling product, each must meet California’s stringent standards for VOC content. According to the American Lung Association’s 2009 State of the Air Report, California has five of the top-ten worst smog areas and the highest rate of asthma in the country.

Some of the non-compliant products Pro’s Choice resold to retailers include:

• Big Sexy Hair Dense at a Target in Modesto, CA;
• Redken Fabricate at a RiteAid in Modesto, CA;
• Sebastian Threads Microber Cream at a K-Mart in Lodi, CA;
• Sebastian Shaper Plus at Ralphs in Sacramento, CA;
• John Paul Mitchell Freeze and Shine Super Spray Firm Hold at Longs in Stockton, CA; and,
• Short Sexy Hair Hard Up Gel at Rite Aid in Torrance, CA.

Today’s judgment requires Pro’s Choice to:
• Stop selling or distributing products that violate the limits of VOCs;
• Pull all of the products found in violation;
• Identify and sort products that are non-compliant before distributing them for sale in California;
• Obtain written verification from the manufacturer that the product is compliant or test representative samples from the batch; and,
• Pay $1.25 million in penalties and costs.

A copy of the Stipulation for Entry of Judgment and Permanent Injunction is attached.

Los Angeles—Attorney General Edmund G. Brown Jr. today filed a lawsuit against an Imperial Valley farm labor contractor Juan Munoz for failing to pay minimum wage and overtime, as well as committing “potentially deadly” worker safety violations by neglecting to provide rest breaks, potable drinking water or shade to field workers.

Juan Munoz supplied field workers to onion farms in Kern County and in the Coachella Valley and Mojave Desert.

“In the scorching summer months, farm work can be dangerous if workers aren’t given rest breaks, shade and drinking water,” Brown said. “We have no tolerance for contractors like Munoz who deny their workers a fair wage and subject them to potentially deadly working conditions.”

In 2009, Brown’s office conducted a routine field visit at a Southern California onion farm. During the visit, Brown’s office interviewed more than ten workers hired by Munoz.

According to the workers, Munoz gathered workers from throughout Southern California and delivered them to an onion field that was often far from their home. Once at the fields, they worked split shifts throughout the day and night, slept in the fields and bathed in a nearby reservoir.

The workers were not given rest breaks or potable drinking water, and the employees were not provided with training on how to recognize and prevent heat exhaustion.

Growers paid Munoz a set price per piece, such as a four-gallon onion sack, and Munoz determined the rate of pay for the field workers. The workers were typically paid $1.23 for each four-gallon sack of onions they harvested.

Employees worked split shifts totaling approximately 70 hours a week, but were not provided premium pay. Under state law, workers are entitled to an additional hour of pay if they have less than an eight-hour break between shifts. Workers were also denied overtime pay. State law requires employers to pay overtime (time and a half) to employees who work more than ten hours a day.

In addition, many of the workers were paid in cash below the minimum wage without a written statement of hours worked, rate of pay or deductions taken, also a violation of state labor laws. After working long hours in the fields, workers were often forced to wait up to two hours for their paycheck.

Stories of the Field Workers

Feliciano Sepulveda and his wife Sonia worked between 14 and 16 hours a day and, like other workers, slept in the fields. He and his wife regularly worked split shifts without premium pay or overtime, despite the long days. When the Sepulvedas collected their wages at the end of the day, Munoz rounded down to the lower dollar amount. During the 2009 harvesting season, neither of the Sepulvedas received training on the warning signs of heat exhaustion and often found the water cans empty during the hottest part of the day.

Mario Gomez and his wife, Araceli Ramos, worked on the same wage ticket, a violation of California labor laws, which require the work done by two individuals to be reported for each worker. Both worked approximately 15 hours a day, but neither of them received overtime or premium pay for split shifts. When calculated, Gomez’s and Ramos’ earnings totaled less than $8 an hour with no deductions or taxes withheld from their wages.

Nicolas Salinas worked 12 to 14 hours a day, 7 days a week, but was never paid overtime or premium pay. At the end of the day, Salinas waited more than two hours to be paid and often received only between $4 and $7.50 an hour. On Salinas’ paystub, his hours worked were often incorrect, and no deductions were taken out for taxes.

The federal minimum wage is $7.25/hour, and the state minimum wage is $8.00/hour.

Today’s lawsuit alleges that Munoz violated California’s unfair competition laws. The lawsuit seeks:
• A permanent injunction;
• Civil penalties;
• Restitution to the field workers; and,
• Other legal costs.

A copy of the complaint is attached.

San Diego—Attorney General Edmund G. Brown Jr. today joined the Federal Trade Commission (FTC) and 34 other attorneys general to announce a settlement against LifeLock, Inc. that prevents the company from “misrepresenting and overstating” the identity theft protection services it offers to consumers.

“LifeLock sold Californians a false sense of security against identity theft with advertisements that were chock full of inflated claims and promises,” Brown said. “Today’s settlement prevents the company from misrepresenting and overstating its services and reimburses LifeLock subscribers who were misled.”

Last year, Brown joined the FTC and numerous attorneys general to jointly investigate LifeLock’s business practices. The investigation followed a number of misleading advertisements from the company that included a testimonial from the CEO in which he gave out his social security number to demonstrate his confidence in LifeLock’s services.

Brown’s complaint contends that LifeLock falsely led customers to believe that they would be protected against all forms of identity theft, reimbursed directly for losses tied to identity theft and telephoned prior to any new credit being issued under their name. None of these claims were accurate.

LifeLock advertisements also implied that any fraudulently obtained personal information would be removed from criminal websites, when in fact the company only notified consumers when their information had been compromised.

Today’s settlement prevents LifeLock from misrepresenting that its services:

• Provide complete protection against all forms of identity theft;
• Constantly monitor activity on each of its customers’ consumer reports;
• Prevent unauthorized changes to customers’ address information; and
• Ensure that a customer always receives a phone call from a potential creditor before a new credit account is opened in the customer’s name.

LifeLock also agreed to pay $11 million in restitution to its subscribers and $1 million to cover the costs of the states’ investigation. Brown’s office and the FTC will jointly send letters over the next two weeks to customers in California that subscribed to LifeLock between April 1, 2005 and March 30, 2009, notifying them of the agreement and how they can opt-in to the settlement. LifeLock typically charged consumers $10 a month to subscribe to its identity theft protection services.

Under the terms of the agreement, LifeLock must also stop overstating the risk of identity theft to consumers. In the past, LifeLock sent direct mailers to individual consumers that featured warnings such as, “You’re receiving this because you may be at risk of identity theft,” without knowledge or facts to substantiate these claims.

A number of the services offered by LifeLock are available free-of-charge to consumers including, placing a fraud alert on a credit record and requesting an annual credit report to review credit history and identify errors and inaccuracies. Both services can be completed by contacting one of the three major credit reporting agencies. Consumers are also best-positioned to monitor their own bank accounts and credit card statements for unauthorized withdrawals or charges.

Other states participating in today’s agreement include: Alaska, Arizona, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Missouri, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington and West Virginia.

The complaint and judgment, which will be filed concurrently today in San Diego County Superior Court, are attached.

Sacramento—Attorney General Edmund G. Brown Jr. today announced that last year, his office recovered more than $209 million in “hard-earned taxpayer dollars” and secured 139 criminal convictions by aggressively investigating and prosecuting Medi-Cal fraud cases.

Brown also reported that in 2009, his Bureau of Medi-Cal Fraud and Elder Abuse returned more than $12 million to victims of elder abuse and secured 47 criminal convictions in elder abuse cases.

“In these tough budget times, the state can’t afford to lose millions in hard-earned taxpayer dollars from people who try to cheat and steal from the system,” Brown said. “Thanks to the tireless work of DOJ investigators, we protected our most vulnerable citizens and recovered critical public health dollars.”

Brown’s Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA) investigates and prosecutes those who cheat taxpayers out of millions of dollars each year and divert scarce healthcare resources from the needy. The Bureau also protects patients in nursing homes and other long-term care facilities from abuse and neglect.

Combined, Brown recovered more than $221 million in Medi-Cal fraud and elder abuse cases. The amount recovered last year is more than six times the BMFEA’s $33.1 million operating budget. This represents a recovery of $36 for every $1 expended from the state's general funds.

The recoveries stem from restitution obtained in Medi-Cal fraud, elder abuse, and patient fund cases. Patient fund cases occur when a disabled person's finances are being controlled by a trustee who steals from the patient's trust account. Annually, the BMFEA conducts more than 1,500 investigations.

Medi-Cal Fraud

Last year’s $209 million recovery stemmed from civil lawsuits Brown’s office filed against companies and individuals that billed the state’s Medi-Cal fund for unnecessary services or for services that were never performed.

In one such case filed in October 2009, Brown’s office arrested the former manager of a Mount Shasta-based medical clinic after she billed Medi-Cal $2.2 million for services never performed. Denise Fairhurst, 57, of Redding, filed false Medi-Cal claims with the state to help cover the medical clinic’s operations and management costs. In addition, she used $33,492 of the funds to pay personal credit card bills. Fairhurst is scheduled to be sentenced on March 24 in Siskiyou County Superior Court.

Some of the fraud is perpetrated by criminal fraud rings. In May 2009, Brown filed criminal charges against six individuals who paid healthy seniors to be admitted into a hospice for the terminally ill and then billed state healthcare programs more than $1 million for procedures never performed. Some of the individuals used the proceeds of the scheme to purchase expensive cars, designer clothing, and luxury homes. Four of the defendants have pled guilty, and the state has recovered the $1 million.

A number of Medi-Cal fraud cases are institutional. In December 2009, Brown reached a $21.3 million settlement with pharmaceutical giant Schering-Plough Corporation, resolving allegations the company deliberately inflated the price of Albuterol and other drugs, overcharging Medi-Cal millions of dollars in pharmacy reimbursement.

Most of the funds recovered go back into the state’s Medi-Cal fund, which provides medical payments for nearly 20 percent of California’s children, lower income individuals and families, the elderly and disabled.

Elder Abuse

Although elder abuse can take many forms, the majority of cases involve abuses at California’s skilled nursing facilities. Brown’s office uses its civil, administrative and criminal enforcement powers to bring poorly performing care facilities into compliance with federal and state laws.

A few elder abuse cases Brown’s office prosecuted include:
• Mary Louise Wilson, who was sentenced to nineteen years and four months in prison for setting multiple fires at Southern California nursing homes, including the beds of elderly patients who were unable to get out of bed without assistance;
• Pamela Ott, who was charged with eight felony counts of elder abuse in September 2009 for allowing staff to forcibly administer psychotropic medications to patients for their own convenience, rather than for their patients' therapeutic interests; and,
• Leander Jackson, who was sentenced to three years, eight months in prison for identity theft and grand theft for operating several unlicensed skilled nursing facilities and neglecting to provide the proper care to the residents. Jackson used the identities of the patients to obtain cash loans and car leases.

A copy of the BMFEA Annual Report is attached.

Oakland—In an ongoing crackdown on companies that take advantage of workers, Attorney General Edmund G. Brown Jr. today filed a lawsuit against Livermore-based Country Builders, Inc. after the company “cheated workers out of wages,” falsified the company’s payroll records to hide underpayments, deliberately misclassified workers to reduce the company’s workers’ compensation premiums and violated state prevailing wage laws.

The company has won several public works contracts that required it to pay the prevailing wage.

“Country Builders cheated its workers out of wages and falsified payroll records,” Brown said. “This is an outrageous case about a company that took public money and then cooked its books to shortchange the state’s workers’ compensation fund.”

In late 2008, Brown’s office launched an investigation into Country Builders to determine why some workers reported receiving a lower rate of pay than what was shown on their paystubs. The investigation found that the company inflated the pay rate of some workers to lower its workers’ compensation premiums, while paying others below the $32 to $34 an hour, the rate required under the prevailing wage laws of California.

The state’s prevailing wage laws require workers on public work projects to be paid at rates equal to the wage and benefit rates established by the Department of Labor Standards Enforcement. The public works projects covered by law are construction projects performed by priviate contractors for state or local governments to further a public purpose.

Some of Country Builders’ public works contracts included:

• The Fairways multi-family apartments in San Jose
• Classics at Keystone in San Jose
• Pioneer Heights student housing for California State University, East Bay
• University Village student housing for University of California at Berkeley
• Giant Road Family Apartments in San Pablo
• Jubilee Senior Housing in Berkeley
• Seven Directions Apartments in Oakland

Despite its collective bargaining agreement with workers that set the prevailing wage, the company hired workers to work on the public projects for significantly less per hour than the union rate. Between 2005 and 2008, timesheets reveal that 124 employees received less than the hourly rate on at least one occasion. Some employees were regularly paid less than the prevailing wage.

Brown’s investigation further revealed that Country Builders, Inc.’s officers falsified company payroll records to various public entities to cover up the underpayments.

Brown’s office estimates that in 2007 and 2008, Country Builders was able to save approximately $1 million in wages by failing to pay workers the prevailing wage and the pay rate set forth in the collective bargaining agreement. In 2007, the company’s gross revenues were $21 million.

In addition, Country Builders, Inc. intentionally misclassified lower-wage workers as higher-wage workers to its insurance carrier, the State Compensation Insurance Fund.

The hourly pay rate is used as a basis to calculate workers’ compensation insurance premiums for businesses. By falsifying payroll records and inflating the hourly rate of pay of its workers, Country Builders, Inc. illegally lowered its insurance premiums.

The investigation found that Country Builders, Inc. underpaid its premiums to the State Compensation Insurance Fund by at least $136,000. Premium fraud is the most costly type of workers’ compensation fraud.

Brown’s office filed the civil lawsuit in Alameda Superior Court alleging violations of labor laws and citing unfair business practices. The lawsuit seeks a permanent injunction against the company, restitution for the workers and the State Compensation Insurance Fund, and civil penalties.

A copy of the lawsuit is attached.

Los Angeles—Attorney General Edmund G. Brown Jr. today announced that his office has reached an agreement with Toyota Motor Sales USA, Inc. to provide California Toyota owners with at-home pickup and vehicle return and cost-free alternative transportation while their recalled vehicles are being repaired.

“This agreement goes a long way towards easing the burden caused by Toyota’s massive recall,” Brown said. “It will now be much easier for Toyota owners to get to work and take their kids to school while critical safety repairs are made on their cars.”

Under the terms of today’s agreement, Toyota will provide owners of recalled vehicles the following services:
• Pick-up and return of vehicles by the dealership;
• Transportation to the dealership and/or to the owner’s place of work;
• Alternative transportation, such as a rental car, loaner vehicle or taxi reimbursement for a reasonable period that the customer is unable or unwilling to use his or her car; and
• Expedited scheduling for repair services.

These services will be provided by Toyota through the dealers at no cost to either the owners or the dealer.

The following Toyota vehicle recalls are covered by today’s agreement:
• September 29, 2009 for floormat entrapment;
• January 21, 2010 for sticking accelerator pedals;
• February 8, 2010 for anti-lock brake system issues; and
• February 12, 2010 for drive-shaft failure.

The following vehicles are involved in the recent Toyota and Lexus vehicle recalls: 2005-2010 Avalon, 2007-2010 Camry, 2009-2010 Corolla, 2007-2010 ES 350, 2008-2010 Highlander, 2006-2010 IS 250 and IS350, 2009-2010 Matrix, 2004-2009 Prius, 2010 Prius, 2009-2010 RAV4, 2008-2010 Sequoia, 2005-2010 Tacoma, 2007-2010 Tundra, 2009-2010 VENZA, and 2010 HS 250h.

More information on the specific vehicles affected by the recalls can be found at www.nhtsa.dot.gov and www.toyota.com/recall.

Californians are encouraged to contact their local Toyota and Lexus dealers if they believe they are eligible for these accommodations. Consumers can also contact Toyota’s customer service center at 1-800-331-4331 or Lexus at 1-800-255-3987.

This agreement will remain in place until all Toyota vehicles subject to the recall have been repaired. If additional safety recalls arise, an extension of this agreement or other appropriate provisions will be pursued.

Toyota Motor Sales USA, Inc. is based in Torrance, CA.

A copy of Toyota's letter to Brown is attached.

Los Angeles – Attorney General Edmund G. Brown Jr. today announced a $94 million settlement with Western Union Financial Services, Inc., that resolves a decade-long investigation into illicit money transfers that “have flowed freely” in the Southwest border region.

The settlement includes $50 million in funding for the “Southwest Border Anti-Money Laundering Alliance,” a four-state coalition against money laundering that includes the attorneys general of Arizona, California, New Mexico and Texas.

“For years, billions of dollars in smuggling profits have flowed freely between the United States and Mexico,” Brown said. “Today’s agreement with Western Union gives our region the resources and cooperation we need to stem the flow of illicit cash across our borders.”

The settlement follows a decade-long investigation by the Office of the Arizona Attorney General into illegal money-laundering activity in the Southwest border region. The investigation found that hundreds of millions of dollars are being channeled to drug, weapon and human traffickers through Western Union money transfers.

To resolve Arizona’s investigation and more effectively address illegal money laundering, Western Union has agreed to:

• Provide $50 million to establish and fund the Southwest Border Anti-Money Laundering Alliance;
• Invest $19 million over the next several years into upgrades to its anti-money-laundering program;
• Provide $4 million to support an independent monitoring program established to ensure anti-money-laundering measures are implemented; and
• Pay $21 million to the State of Arizona to cover investigation and litigation expenses.

Additionally, today’s settlement requires Western Union to provide California with access to transaction data so investigators can track trends in the flow of illicit money, identify money-laundering points and target drug, weapon and human traffickers.

The Southwest Border Anti-Money Laundering Alliance will support and fund training, information sharing and other initiatives in member states and Mexico and will work to enhance and better coordinate money-laundering investigations and prosecutions. Under the agreement, law enforcement organizations in Arizona, California, New Mexico and Texas will each be guaranteed grants totaling a minimum of $7 million to bolster efforts to combat money laundering.

The U.S. Drug Enforcement Agency estimates that $18 billion to $39 billion is being smuggled from the United States to Mexico every year.

Today’s agreement with Western Union and the Southwest Border Anti-Money Laundering Alliance’s governing agreement are attached.

San Bernardino, Calif.—Attorney General Edmund G. Brown Jr. and San Bernardino County District Attorney Michael A. Ramos today announced the filing of criminal charges against former Chairman of the San Bernardino County Board of Supervisors William Postmus and James Erwin, former Chief of Staff to Supervisor Neil Derry, on “conspiracy, corruption and bribery” charges related to a $102 million land-development settlement paid by San Bernardino County.

The complaint alleges that Erwin took $100,000 for inducing the Board of Supervisors to pay $102 million of taxpayer’s money to Colonies, a development company, in a fraudulent settlement and that Postmus took a $100,000 bribe for his vote to approve it. If convicted of all charges, Erwin faces a maximum of twelve years in state prison, and Postmus faces a maximum of eight years in state prison.

“These individuals engaged in conspiracy, corruption and bribery that cost San Bernardino taxpayers more than $100 million,” Brown said. “This is one of the most appalling corruption cases ever seen in California, and we will aggressively pursue this conspiracy until all of the facts are exposed.”

In January 2007, Erwin was appointed Assistant Assessor of San Bernardino County, a job he held until he resigned in November that year. In September 2008, he was named Chief of Staff to San Bernardino County Supervisor Neil Derry.

Postmus served as a member of the San Bernardino County Board of Supervisors from 2000 until January 2007, when he took office as San Bernardino County Assessor. He resigned in February 2009.

In 2002, Colonies filed a lawsuit against the County seeking to recover $23.5 million it had spent on flood-control improvements and challenging the County’s easement rights that it claimed deprived Colonies of the ability to develop its property.

On November 28, 2006, the San Bernardino Board of Supervisors voted 3 to 2 to approve a settlement of $102 million with the Colonies, an amount based on an unsubstantiated demand and against the advice of County Counsel and private attorneys.

The complaint alleges those votes were obtained as part of a broad conspiracy which involved extortion and bribery, culminating in acts of public corruption that cost San Bernardino taxpayers tens of millions of dollars. The investigation uncovered four bribes totalling $400,000 paid by the Colonies to secure the settlement.

Colonies gave Erwin $100,000, which was deposited into the Committee for Effective Government PAC he controlled, for his role as an intermediary between Colonies and the supervisors to achieve the settlement. The complaint alleges that Erwin created political mailers depicting Postmus as a drug addict and homosexual in order to blackmail him into voting for the settlement. Erwin also created negative mailers against another supervisor prior to the vote.

In addition to the $100,000 bribe, Erwin accepted other gifts for his role as intermediary, including a private jet trip to New York, meals, lodging, entertainment, prostitutes and a watch. Erwin is facing charges of perjury in connection with failing to report those gifts after he became a county officer.

At the time of the vote to approve the settlement, Postmus was the Chairman of the Board of Supervisors and led the effort to approve the settlement. The complaint alleges that he received $100,000 from Colonies, which he funneled into two Political Action Committees (PACs) that Postmus set up specifically to receive the money. Postmus controlled both PACs, the Inland Empire PAC and “Conservatives for a Republican Majority,” but attempted to conceal his connection to them.

Postmus then transferred $50,000 from the Inland Empire PAC into his campaign account and used some of the funds for personal meals and entertainment.

The Chief of Staff for Supervisor Ovitt secretly controlled the Alliance for Ethical Government PAC, which received $100,000 from Colonies. The Chief of Staff received payments for campaign consulting from the PAC.

Colonies also gave $100,000 to the San Bernardino County Young Republicans PAC that was secretly controlled by a member of the board of supervisors who voted in favor of the settlement, and whom Erwin had threatened with the exposure of damaging information. Funds from the PAC were used to pay the supervisor’s campaign expenses and fund his campaign account.

The investigation is ongoing and may lead to additional arrests.

San Bernardino County District Attorney Michael A. Ramos stated, “The assistance of the Attorney General’s Office has been, and will continue to be, invaluable in our investigation. I would like to thank Attorney General Brown for providing the excellent assistance of Deputy Attorney General Melissa Mandel who has been working directly with our team and Senior Assistant Attorney General Gary Schons for his advice and direction over the past months. It is critical that confidence in their government be restored to the residents of San Bernardino County. This is just one more step in achieving that goal.”

In the Attorney General’s complaint filed today, Erwin was charged with nine felony counts, including:

• Conspiracy to Commit a Crime (Penal Code Section 182)
• Two counts of Corrupt Influencing (Penal Code Section 85)
• Two counts of Offering a Bribe to a Supervisor (Penal Code Section 165)
• Two counts of Extortion to Obtain an Official Act (Penal Code Section 518)
• Misappropriation of Public Funds (Penal Code Section 424)
• Forgery (Penal Code Section 470)

Postmus was charged with five felony counts, including:

• Conspiracy to Commit a Crime (Penal Code Section 182)
• Accepting a Bribe (Penal Code Section 86)
• Supervisor Accepting a Bribe (Penal Code Section 165)
• Conflict of Interest (Government Code Section 1090)
• Misappropriation of Public Funds (Penal Code Section 424)

The complaint is attached.