Second employer she admitted to embezzling from
By U.S. Attorney’s Office, Northern District of California, Department of Justice
SAN FRANCISCO – Karen Posey was sentenced today to 36 months in prison, and ordered to pay restitution for stealing more than $200,000 from her former employer, announced United States Attorney David L. Anderson and FBI Special Agent in Charge John F. Bennett.
Posey pleaded guilty on December 11, 2018 to four counts of wire fraud, one count of bank fraud, and one count of access device fraud. According to the plea agreement, Posey worked from July 2016-December 2017 as the business manager at a San Francisco-based architecture firm that designs schools and other public spaces nationwide with a focus on making them accessible to the disabled. While employed there, Posey stole approximately $235,000 from the company. She did so using various methods, including by writing unauthorized company checks to herself and then depositing them into her personal bank account, by using a corporate credit card to pay for personal expenses, and by using a corporate ATM card to withdraw large sums of cash. In addition, as part of her plea agreement Posey admitted that, prior to working at the architecture firm, she worked at another San Francisco-based conservation company, where she embezzled more than $48,000 using similar means.
Posey, 58 of Martinez, CA, was indicted by a federal grand jury on August 30, 2018. The seven count Indictment charged her with four counts of Wire Fraud, in violation of 18 U.S.C. § 1343 (Counts One through Four), one count of Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A; one count of Bank Fraud, in violation of 18 U.S.C. § 1344(2) (Count Six); and one count of Fraudulent Use of Unauthorized Access Devices, in violation of 18 U.S.C. § 1029(a)(2) (Count Seven).
The sentence was handed down by the Honorable Charles R. Breyer, U.S. District Court Judge. Judge Breyer also sentenced the defendant to a three-year period of supervised release to begin at the completion of the prison term and ordered her to pay restitution to the two companies from which she stole money. The defendant will begin serving the sentence on October 4, 2019.
Ross Weingarten is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
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Boyfriend, also of Walnut Creek, sentenced in August to 27 months in prison
By U.S. Attorney’s Office, Northern District of California, Department of Justice
SAN FRANCISCO/SAN JOSE/OAKLAND – Jesslyn Felix was sentenced today to 28 months in prison, and ordered to pay restitution for her role in a conspiracy to commit wire fraud stemming from a mail theft scheme, announced United States Attorney David L. Anderson and United States Postal Inspection Service Inspector in Charge Rafael Nuñez. The Honorable Maxine M. Chesney, U.S. District Judge, handed down the sentence. (See related article).
Felix, 35, of Walnut Creek, Calif., pleaded guilty to the charge on May 29, 2019. According to her plea agreement, Felix admitted that she and her co-defendant, Tyler Goforth, 35, also of Walnut Creek, traveled repeatedly to the Beacon Apartment Complex, a large apartment building in San Francisco, to steal mail from Beacon residents. The defendants visited the Beacon more than a dozen times between August 2017 and February 2018. Felix and Goforth would enter one of the mailrooms at the Beacon, force open mailboxes, and then steal mail. They then used personal information and documents found in the stolen mail to steal money from Beacon residents, which they spent for personal gain. Specifically, Felix and Goforth activated credit and debit cards in the victims’ names, stole checks and gift cards, accessed bank accounts belonging to Beacon residents, and stole photo identifications which they then used to carry out their scheme to steal money. In total, Felix and Goforth stole mail from more than 80 residents of the Beacon and stole more than $40,000 from them.
Mr. Goforth was sentenced for his role in the conspiracy on August 14, 2019, to 27 months in prison, to be followed by a three-year period of supervised release, and ordered to pay restitution.
A federal grand jury indicted Felix and Goforth on January 15, 2019. The 14-count indictment charged each defendant with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; five counts of wire fraud, in violation of 18 U.S.C. §1343; six counts of theft of mail, in violation of 18 U.S.C. §1708; one count of aggravated identity theft, in violation of 18 U.S.C. §1028A; and one count of possession with intent to use or transfer five or more documents or authentication features, in violation of 18 U.S.C. §1028(a)(3). Felix and Goforth both pleaded guilty to the conspiracy charge on May 29, 2019.
In addition to the prison term, Judge Chesney ordered Felix to serve a three-year period of supervised release to begin at the completion of the prison term. Felix has been in custody since May 1, 2019.
Assistant U.S. Attorney Ross Weingarten is prosecuting the case with the assistance of Marina Ponomarchuk. The prosecution is the result of an investigation by the United States Postal Inspection Service.
Read MoreRepresenting legal immigrants in effort to verify voters’ citizenship status
By Allen Payton
Elections law attorney and Clayton resident, Mark Meuser, along with attorneys Harmeet Dhillon and Gregory Michael of the Dhillon Law Group in San Francisco, sued California Secretary of State Alex Padilla on Tuesday, claiming the state is not ensuring only citizens are on the voter rolls. Meuser was Padilla’s opponent in last November’s election.
The suit was filed on behalf of three California voters, two of whom are legal immigrants “who earned the privilege to vote by becoming citizens of the United States,” Meuser said.
Meuser and Dhillon were also part of the legal team that was successful in court on Tuesday, when a federal judge barred California from requiring presidential candidates provide their tax returns in order to appear on the March 2020 Primary Election Ballot. It mainly targeted President Trump who has refused to release his tax returns.
Legal Immigrants Sue California For Failure To Verify Voters’ Citizenship Status.
In addition to suing Padilla, the lawsuit by the plaintiffs, Roxanne Hoge, Ali Mazarei, and Corrin Rankin, was also filed against Steve Gordon, director of California’s Department of Motor Vehicles for violations of the National Voter Registration Act. That was passed by Congress and signed into law by President Bill Clinton in 1993. Both Hoge and Mazarei are the legal immigrants who became citizens.
“Federal law says that a state is to ensure that only citizens are on the voting rolls” Meuser said. “California has admitted that they are doing nothing to verify citizenship prior to placing applicants on the voter rolls.”
“The National Voter Registration Act says three things,” he stated in an interview with the California Globe. “Number 1, is that the state shall determine eligibility. Eligibility and citizenship go hand in hand. All they are doing is looking at state records for felons or duplicate registrations.”
To see the entire complaint, visit Publius Lex.
“I am grateful that Publius Lex has agreed to assist in funding this important litigation,” Meuser shared. “Publius Lex is a 501c3 organization that assists in the funding of important civil rights litigation.”
Meuser is asking those interested in supporting the legal effort to please visit the website to make a tax-deductible donation.
Federal Judge Stops California from Keeping President Trump Off of California’s Presidential Primary Ballot
Senate Bill 27 was passed by the Legislature and signed into law by Governor Gavin Newsom in July, in an attempt to force President Trump to release five years of his tax returns. But the judge ruled the law unconstitutional, as it adds to the requirements to be president. The team of lawyers represented the National Republican Party, California Republican Party, and several California voters who sued the State of California and won.
Tuesday, United States District Judge Morrison C. England, Jr. issued an injunction prohibiting California from enforcing the law before they could be placed on the ballot. The judge ruled the law was unconstitutional because:
- The qualifications to serve as President are in the Constitution and California cannot add to the Constitution;
- The Republican Party has the right to determine who its standard bearer will be and California cannot interfere with the Republican primary process;
- Californians have the right to vote for the qualified presidential candidate of their choice and the state cannot tip the scales by pushing voters towards certain candidates by not placing candidates on the ballot;
- Under Equal Protection, California cannot treat independent candidates one way and candidates for the major parties a different way. This law did not require independent candidates to show their tax returns; and
- Federal law already mandated financial disclosures of presidential candidates and as such, the state was preempted from passing laws when Congress has already acted.
“Judge England’s opinion makes clear that California’s SB 27 was fatally unconstitutional in multiple respects: qualifications clause, First Amendment, Equal Protection, and also pre-empted by the federal statutes,” Dhillon said. “This order is a victory for the First Amendment, the rule of law, and for all citizens who want to cast their vote for the qualified presidential candidate of their choice without California’s interference. We hope that in light of this decisive, multi-layered opinion, California drops this biased effort to disenfranchise Republican voters, and moves on to more productive efforts designed to address California’s many substantive challenges that affect all California residents.”
“The Judge was very clear that SB 27 was unconstitutional and that the State has no authority to interfere with a qualified candidate appearing on the California Presidential Primary ballot,” Meuser added. “California cannot pass a law that interferes with the Republican Party selecting the standard bearer of its choosing.”
The judge’s decision can be read, here.
Read MoreBy Scott Alonso, Public Information Officer, Contra Costa District Attorney
Earlier this month, the Contra Costa County District Attorney’s Office charged defendant Rodney Brown, a 62-year-old resident of Camino, California with eight felonies, including the alleged sexual abuse of three minors. The victims, listed as Jane Does 1-3 in the criminal complaint, were under 14 years old at the time of the alleged assaults.
Two of the alleged sexual assaults occurred against the victims in El Dorado County in 1995. One victim lives in Contra Costa County and that victim was allegedly assaulted in 2014. The case locally is under investigation by our Office and the Contra Costa County Sheriff’s Office.
Brown pleaded not guilty to each of the felonies alleged in the complaint. Brown is in custody at the Martinez Detention Facility and his bail is set at $8.8 million. His next court date in Pittsburg is on November 20 at 1:30 p.m.
Our Office does not release how a victim may know a defendant in a sexual assault case as well as the age or name of a victim to protect their confidentiality.
The investigation is ongoing and active. Brown is believed to have lived in Bethel Island, Brentwood, as well as El Dorado County. Members of the public with information about the case should call Sgt. Garrett Schiro with the Sheriff’s Office at 925-313-2620.
The case is assigned to Deputy District Attorney Jay Melaas with our Office’s Sexual Assault Unit.
Case information: People v. Rodney Leroy Brown, Docket Number 04-197692-7
Read MoreFaces life in prison without the possibility of parole; Richmond PD Detectives solve case
By Allen Payton
On September 26, a Contra Costa County jury found defendant Jonathan Jackson (37 years old) of Richmond, California guilty of four felonies, including the murder of Sun Kwo, an elderly woman. The jury also found Jackson guilty of kidnapping Kwo to commit rape, forcible rape and sexual penetration by foreign object.
On January 28, 2012 in the early morning hours, Kwo was found nearly lifeless at the Big O Tires along San Pablo Avenue in Richmond. Jackson committed the heinous attack against her at that business in an alcove. This alcove was recessed from the storefront and hid the victim from the view of any passerby. According to an ABC7 News report, “when officers arrived, they found 82-year-old Sun Kwon of Richmond barely conscious, bloodied and lying next to a pile of discarded tires. Kwon, a grandmother of six, was sexually assaulted, beaten and suffered major head injuries.”
Six months later she unfortunately succumbed to her injuries inflicted on her by the defendant. The Richmond Police Department investigated the case.
According to a post on the Richmond Police Department’s Facebook page, “This was strong collaborative work by the detectives at the Richmond Police Department and the team at Pittsburg Police Department, Pittsburg, CA. Huge shout out to our detectives and their ongoing effort to keep Richmond safe.”
Initially, no suspect was identified at the time of the brutal attack. In 2016, Jackson was arrested for a felony offense by the Pittsburg Police Department triggering the collection of a DNA sample from him. Jackson’s DNA profile was entered into CODIS, the Combined DNA Index System which is a database that has been pivotal in solving countless criminal cases. Jackson’s profile matched a profile submitted by the Richmond Police Department from evidence they collected at the time of the crime. Richmond Police detectives resumed their investigation and solved the case.
“This day has been a long time coming; justice was finally served in this case thanks to the hard work of the Richmond Police Department, the patience of the victim’s family and the thoughtfulness of the jury who listened to all of the evidence,” Deputy District Attorney Aron DeFerrari stated. “In the end, the justice system is about shining a light on the truth, today that happened, and that is a good thing.”
Jackson now faces a maximum sentence life without the possibility of parole in state prison. Sentencing will occur on December 13, 2019 in front of the Honorable Rebecca Hardie – Department 5 of the Contra Costa County Superior Court in Martinez.
The District Attorney’s office will not release how a victim may know a defendant in a sexual assault case. They don’t release the name of a victim to protect their confidentiality. However, previous news reports did release her name and photo.
Case information: People v. Jonathan Jackson, Docket Number 05-170598-7
Scott Alonso, Public Information Officer, Contra Costa District Attorney was the primary contributor to this report.
Read MoreIncluded an appearance by the Budweiser Clydesdales
By Allen Payton
On Saturday, Markstein Sales Company of Antioch celebrated their 100th anniversary with a big party for 500 of their employees, customers, friends and local government, fire and safety officials. It included an appearance by the world-famous Budweiser Clydesdale team and featured multiple tasting stations with decorated themes, plus a variety of food vendors.
Laura Markstein, the fourth-generation owner of the beer distributor, presided over the event and thanked all those who helped the company achieve success and its longevity.
Markstein was founded in 1919 with a horse, a wagon and six cases of beer just before the 13 years of prohibition hit. The company made it through that challenge, as well as many others, and Markstein Sales Co. now delivers over 4 million cases of world-class beers to 1,500 retailers in the Bay Area. The company employs more than 160 people in the East Bay, supports numerous not-profit organizations and serves as a great example of success for a woman-led company in a typically male-dominated industry.
Laura acknowledged her father, Bob, who was also in attendance and joined him for a ride on the beer wagon pulled by the Clydesdale team.
The company relocated to Antioch 11 years ago, as pointed out by Mayor Sean Wright during his presentation to Laura.
“Antioch truly benefited 11 years ago when Markstein chose to expand,” he said. “Laura, congratulations on 100 years and thank so much for what you do for our community.”
The company is regularly listed as one of the top woman-owned businesses in the Bay Area. The company’s offices are located at 1645 Drive In Way in Antioch. For more information visit www.marksteinsalescompany.com.
See more photos on the Antioch Herald Facebook page.
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Early this morning, at approximately 1:59 a.m., Contra Costa CHP was advised of a two-vehicle collision on I-680 southbound, just north of Treat Blvd in Walnut Creek. Upon emergency personnel and CHP arrival, it was determined a Nissan Sentra had collided with a dump truck, then subsequently rolled, collided with the concrete center wall, and sustained major damage.
Tragically the solo male driver of the Nissan (43 years old from Hayward) was pronounced deceased at the scene. The solo adult male driver of the dump truck was not injured. The Contra Costa County Sheriff’s Coroner’s Office will be handling the release of identity of the deceased male.
Our preliminary investigation indicates that the driver of the Nissan was traveling southbound on I-680 and for unknown reasons veered across the lanes (from right to left) and collided into the back of the dump truck. Then due to the impact, the Nissan rolled and collided into the concrete center wall and sustained major damage, partially trapping the driver inside. Once the Fire Department and emergency personnel arrived, the driver was extricated from the Nissan but unfortunately pronounced deceased on scene.
Through the investigation on scene, it appeared that the driver was not wearing his seatbelt. The solo male driver of the dump truck was not injured and remained on scene during the investigation.
Although alcohol bottles were located in the Nissan, it is unknown at this time if alcohol and/or drugs are a factor in this collision as it is still under investigation. If anyone witnessed this collision or the Nissan on I-680 prior to this crash, please contact Contra Costa CHP at (925) 646-4980. Thank you.
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