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Pleasant Hill man charged in San Francisco tow company insurance fraud case
Jaime Respicio, operator Jose Badillo and two other co-defendants accused of submitting fraudulent auto insurance claims for multiple vehicles
By U.S. Attorney’s Office, Northern District of California
SAN FRANCISCO – Jose Vicente Badillo, Kirill Afanasyev, Jason Naraja, and Jaime Respicio have been charged in an indictment with various crimes related to two schemes to defraud auto insurance companies, announced United States Attorney Ismail J. Ramsey; FBI Special Agent in Charge Robert K. Tripp; and IRS Criminal Investigation (IRS-CI) Acting Special Agent in Charge Michael Mosley of the Oakland Field Office. The case has been assigned to the Hon. James Donato, United States District Judge.
According to an indictment returned by a federal grand jury on August 20, 2024, Afanasyev, 36, Badillo, 28, both of San Francisco, and Respicio, 38, of Pleasant Hill, California, conspired to defraud an auto insurance company by submitting a fraudulent insurance claim on a wrecked car that Afanasyev purchased in May 2019. The Indictment alleges that, when Afanasyev bought the car, it was undrivable, with significant front-end damage. Nevertheless, the Indictment says, Respicio obtained an insurance policy on, and later took title to, the car before Afanasyev, posing as Respicio, falsely reported to the insurance company in August 2019 that Respicio had been in a single-car accident in it in San Francisco. The Indictment further alleges that Afanasyev made materially false statements and misrepresentations to the insurance company, after which the insurance company processed and approved the claim and sent Respicio an insurance reimbursement check for $47,856.34. The Indictment alleges that Badillo participated in this scheme to defraud by agreeing to falsely document that his towing company had towed the wrecked car from the purported accident location.
The Indictment alleges that Afanasyev, Badillo, and Naraja, 37, of Hayward, California, engaged in a second conspiracy and scheme to defraud another insurance company by submitting a fraudulent insurance claim regarding an accident involving multiple vehicles that had been staged by Badillo in San Mateo County. Specifically, the Indictment alleges that Badillo and Afanasyev planned the staged accident in which Badillo loaded a vehicle carrier with four vehicles (several of which were inoperable or had pre-existing damage) and purposefully drove them off the road on Guadalupe Canyon Parkway in San Mateo County in August 2019. The Indictment alleges that, after Badillo reported this “accident” to his insurance company, Badillo, Afanasyev, Naraja, and another individual all made false or misleading statements to an insurance company representative. The Indictment alleges that the insurance company ultimately denied Badillo’s claim as fraudulent but nevertheless paid one of Badillo’s towing companies $5,210 for its recovery, towing, and storage of vehicles involved in the staged accident.
The Indictment also alleges that, at the time of the offenses in 2019, Badillo owned and/or controlled at least two companies engaged in the business of towing vehicles: Jose’s Towing, LLC, and Auto Towing, LLC, both of which operated out of San Francisco.
In the first conspiracy and scheme to defraud, Afanasyev, Badillo, and Respicio are charged with one count each of (i) conspiracy to commit mail fraud and wire fraud, in violation of 18 U.S.C. § 1349; (ii) mail fraud, in violation of 18 U.S.C. §§ 1341 and 2; and (iii) wire fraud, in violation of 18 U.S.C. §§ 1343 and 2. Afanasyev and Respicio are also charged with one count of money laundering, in violation of 18 U.S.C. §§ 1957 and 2.
In the second conspiracy and scheme to defraud, Afanasyev, Badillo, and Naraja are charged with (i) one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; and (ii) four counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2.
Naraja and Respicio were arrested in Hayward and Pleasant Hill, respectively, on August 27, 2024, and released on $50,000 bonds at their initial appearances on August 28, 2024. Naraja is next scheduled to appear in court on August 29, 2024, at 10:30 a.m., before the Hon. Lisa J. Cisneros for arraignment and identification of counsel. Respicio is next scheduled to appear in court on September 5, 2024, at 10:30 a.m., before the Hon. Alex G. Tse for arraignment and identification of counsel. Badillo was previously arrested and made his initial appearance in another insurance fraud case on August 8, 2024. He is scheduled to appear before the Hon. Lisa J. Cisneros for arraignment and identification of counsel in both cases on August 30, 2024, at 10:30 a.m. Afanasyev’s initial appearance and arraignment has been scheduled for September 9, 2024, at 10:30 a.m. before the Hon. Alex G. Tse.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Afanasyev, Badillo, and Respicio each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 1 through 3, which charge mail fraud, wire fraud, and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1341, 1343, 1349, and 2. Afanasyev and Respicio face a maximum sentence of 10 years in prison, and a fine of $250,000 or twice the amount of criminally derived property involved in the transaction, whichever is greater, plus restitution, if appropriate, on Count 4, which charges money laundering, in violation of 18 U.S.C. §§ 1957 and 2. Similarly, Afanasyev, Badillo, and Naraja each face a maximum sentence of 20 years in prison, and a fine of $250,000 or twice the gross gain or loss, whichever is greater, plus restitution, if appropriate, on each of Counts 5 through 9, which charge wire fraud and conspiracy to commit the same, in violation of 18 U.S.C. §§ 1343, 1349, and 2. The court also may order an additional term of supervised release to begin after any prison term as part of the sentence for any or all of the defendants. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorneys Kyle F. Waldinger and Galen A. Phillips are prosecuting the case with the assistance of Amala James and Carolyn Jusay Caparas. The prosecution is the result of a lengthy investigation by the FBI and IRS-CI. The U.S. Attorney’s Office, the FBI, and IRS-CI appreciate the assistance and support of the San Francisco Police Department in this insurance fraud investigation.
$450,000 in stolen retail items recovered in CHP operation
ID more suspects believed to be involved in illicit fencing operation; San Ramon Police assist
By Sergeant Andrew Barcley, CHP – Golden Gate
OAKLAND, Calif. – Investigators assigned to the California Highway Patrol’s (CHP) Golden Gate Division Organized Retail Crime Taskforce (ORCTF) recovered over $450,000 in stolen merchandise from an Oakland residence following a month-long investigation.
In July 2024, ORCTF investigators launched an investigation into a criminal network involved in a string of retail thefts targeting various retailers throughout the Bay Area. Through surveillance operations, investigators identified suspects believed to be involved in an illicit fencing operation based in Oakland. With the information gathered, investigators obtained search warrants for a home and multiple vehicles located in Oakland.
On Thursday, August 15, ORCTF investigators, along with San Ramon Police Department personnel, successfully executed the warrants at the Oakland residence. During the search of the home and the two vehicles, investigators located a large amount of stolen merchandise, which was seized and transported to a facility for documenting. During the search, investigators learned that the suspect was currently leasing a storage facility in Oakland, leading to the issuance of an additional search warrant. The storage facility was searched, and additional stolen merchandise was located inside. Retail industry partners involved in the operation valued the recovered merchandise, consisting mainly of items found at drug stores, from all locations at over $450,000.
Investigators arrested 35-year-old Claudia Cruz of Oakland for her involvement in the fencing operation. Cruz was booked into Alameda County Jail on charges of organized retail crime, possession of stolen property, and conspiracy to commit a crime.
On Aug. 23, San Ramon Police Chief Denton Carlson wrote in a post on X (formerly Twitter), “I am very proud of the investigative work the San Ramon Police Organized Retail Theft Suppression Team put into this operation in coordination with CHP-Golden Gate. They have formed an outstanding partnership!”
According to localcrimenews.com, a woman whose full name is Claudia Ivet Cruz Barragan, was arrested the same day for the same crimes, is Hispanic, five-feet inches tall and weighs 150 pounds. However, the website shows her age as 40. According to an August 2023 CBS News Bay Area report, a 31-year-old woman named Daniela Cruz Barragan was arrested with another woman for theft of $85,000 in stolen retail goods. The CHP PIO was asked to determine if she is related to Claudia Cruz and if Claudia’s correct age is 35 or 40. He was also asked if some of the stolen items were from retailers in San Ramon. Please check back later for any updates to this report.
The mission of the California Highway Patrol is to provide the highest level of Safety, Service, and Security.
Allen D. Payton contributed to this report.
Assemblywoman Wicks announces agreement with governor, big tech claiming to support work of CA journalists who oppose it, using private and taxpayer funds
Instead of passing bill she carried – See UPDATE with details of “Deal Framework”
But CA journalists “oppose this disastrous deal”
“The future of journalism should not be decided in backroom deals…Not a single organization representing journalists and news workers agreed to this undemocratic and secretive deal with one of the businesses destroying our industry.” – Media Guild of the West
Senator Glazer who has his own bill on the matter opposes deal says it, “seriously undercuts our work toward a long term solution to rescue independent journalism” and doesn’t include Meta (Facebook, Instagram) and Amazon
By Allen D. Payton
SACRAMENTO – On Wednesday, August 21, 2024, Assemblymember Buffy Wicks (D-AD15, Oakland) announced the establishment of a first-in-the-nation partnership with the State, news publishers, major tech companies and philanthropy, unveiling a pair of multi-year initiatives to provide ongoing financial support to newsrooms across California and launch a National AI Accelerator.
Together, these new partnerships will provide nearly $250 million in public and private funding over the next five years, with the majority of funding going to newsrooms. The goal is to front-load $100 million in the first year to kick-start the efforts. The total investment could increase over the next several years if additional funding from private or state sources becomes available.
“This agreement represents a major breakthrough in ensuring the survival of newsrooms and bolstering local journalism across California — leveraging substantial tech industry resources without imposing new taxes on Californians,” said Governor Gavin Newsom. “The deal not only provides funding to support hundreds of new journalists but helps rebuild a robust and dynamic California press corps for years to come, reinforcing the vital role of journalism in our democracy.”
Assemblymember Wicks, who represents portions of Western Contra Costa County, authored AB 886 to help ensure the sustainability of local journalism, as news outlets across the country are downsizing and closing at alarming rates. A Northwestern University study published last year found an average of two and a half newspapers in the United States close every week, and that our nation has lost two-thirds of its newspaper journalists since 2005. California has lost more than 100 newspapers in the last decade alone.
The new suite of initiatives includes multi-faceted support for publishers across California to address challenges that have impacted the depth and breadth of news coverage in the state. They will help ensure the sustainability of existing and new online publications – with an emphasis on small, local outlets and community-facing journalism.
“As technology and innovation advance, it is critical that California continues to champion the vital role of journalism in our democracy,” said Wicks. “This partnership represents a cross-sector commitment to supporting a free and vibrant press, empowering local news outlets up and down the state to continue in their essential work. This is just the beginning. I remain committed to finding even more ways to support journalism in our state for years to come.”
California news publishers will be the beneficiaries of a News Transformation Fund, to be administered by the UC Berkeley School of Journalism, providing financial resources that preserve and expand California-based journalism. The funding will include contributions from technology platforms and the State of California, supporting innovative new investments that promote local journalism. The funding will support California-based state and local news organizations, particularly those serving California local news deserts, underserved and underrepresented communities, and outlets that prioritize California coverage.
“The University of California is proud to partner with Governor Newsom and legislative leaders to bolster the critical work of local news organizations and journalists in California,” said UC President Michael V. Drake, M.D. “Californians depend on robust local and diverse news organizations to stay informed about their communities, and the University and specifically the UC Berkeley School of Journalism stand ready to support this endeavor.”
Funding for the initiative would be complemented by direct support from the State, helping news organizations keep and grow newsroom staff and offsetting the costs of producing local news and information.
“A vibrant press is crucial for strong communities and a healthy democracy. This is a first step toward what we hope will become a comprehensive program to sustain local news in the long term, and we will push to see it grow in future years,” said California News Publishers Association CEO Chuck Champion and Board Chair Julie Makinen. “We will work with the state and tech companies to make the most of this initiative. We’re grateful to Assemblymember Wicks for her passionate advocacy on behalf of our 700-plus member newsrooms.”
Partners in this initiative also reiterated their strong commitment to strengthening newsroom and ownership diversity for ethnic and underserved communities. The Governor also announced his support for AB 1511 (Santiago), which aims to increase the state’s ongoing commitment to place official marketing, advertising and/or outreach advertising with local and underrepresented media outlets.
“Ethnic and community media outlets in California have a long history of serving as trusted messengers of culturally responsive news to historically underrepresented and underserved communities,” said Assemblymember Miguel Santiago. “These initiatives ensure that California is embracing private sector innovation while developing partnerships with and seeding investments from the public sector to empower local publishers and journalists that are vital to a healthy, thriving democracy.”
Additionally, researchers and businesses will have access to new resources to explore the use of AI to tackle some of the most complex challenges facing society, and strengthen the workforce through a new National AI Innovation Accelerator. This will be administered in collaboration with a private nonprofit, and will provide organizations across industries and communities — from journalism, to the environment, to racial equity and beyond — with financial resources and other support to experiment with AI to assist them in their work. The AI accelerator will empower organizations with the new technology, and complement the work of the Journalism Fund by creating new tools to help journalists access and analyze public information.
“We appreciate the thoughtful leadership of Governor Newsom, Assemblymember Wicks, Chair Umberg, and Senator Glazer on these issues,” said Kent Walker, President of Global Affairs and Chief Legal Officer for Alphabet (Google’s parent company). “California lawmakers have worked with the tech and news sectors to develop a collaborative framework to accelerate AI innovation and support local and national businesses and non-profit organizations. This public-private partnership builds on our long history of working with journalism and the local news ecosystem in our home state, while developing a national center of excellence on AI policy.”
“A strong press is a key pillar of democracy, and we’re proud to be part of this partnership to utilize AI in support of local journalism across California,” said Jason Kwon, Chief Strategy Officer for OpenAI. “This initiative builds on our longstanding work to help newsrooms and journalists around the world leverage AI to improve workflows, better connect users to quality content, and help news organizations shape the future of this emerging technology.”
Work will begin immediately to stand up both initiatives, which will go live in 2025. Included below is a range of quotes from additional supporters.
What others are saying:
“The work of local independent publishers is essential to a well-functioning democracy, and this new public-private partnership provides immediate and needed relief. Lawmakers should be proud of this program, which builds on California’s innovative Local News Fellowship with millions of new dollars in a way that prioritizes small publishers and those serving underrepresented groups.” – Chris Krewson, Executive Director of Local Independent Online News (LION) Publishers, a national nonprofit with 76 of its 600 publisher members in California
“The new public-private partnership provides a pioneering, ambitious program that will offer significant help to local newsrooms that give Californians the information they need to participate in a healthy democracy. It’s encouraging that lawmakers and tech platforms found a way to work together to forge an innovative solution that can be a model for other states.” – Lance Knobel, CEO of Cityside Journalism Initiative, the nonprofit behind Richmondside, Oaklandside and Berkeleyside
“California is leading the way with this first-in-the-nation investment to protect the press and sustain quality journalism. This fund will help news outlets and journalists adapt to a changing landscape with new tools and funding to embrace emerging technologies. This is especially helpful for ethnic and community media which is comprised largely of under-resourced family businesses whose strongest connections are to their community.” – Regina Wilson, Executive Director, California Black Media
“California is home to the largest concentration of multilingual news outlets serving immigrant and ethnic communities in the US. This breakthrough public private partnership to support local journalism brings welcome recognition of the ethnic media sector’s indispensable role in connecting these diverse communities to each other and to the wider public realm.” – Sandy Close, Director of Ethnic Media Services (EMS), a California-based nonprofit which works with 2000 ethnic news outlets nationwide, including over 300 in California
“It represents an equity-media model for the nation,” added Julian Do, EMS Co-Director
“Protecting and rebuilding California’s robust media ecosystem and ensuring it serves immigrants, Latinos and communities of color equally requires an important role for philanthropy, our tech and private sector, and yes, California’s State Government. We see this historic agreement as just the first major step where the State of California can lead the way in building a sustainable media ecosystem for the most diverse state in the Union.” – Arturo Carmona, President of the Latino Media Collaborative
“This is a win for all Californians. Disinformation flourishes when quality journalism disappears. This critical funding will help local publishers survive and keep their communities informed and engaged.” – Neil Chase, CEO of CalMatters and former editor of The Mercury News and East Bay Times
“The revival of a strong, independent community-minded local press is vital for California. All things considered, this agreement both injects new money into doing that and helps spur the innovation, tech and otherwise, required at this moment. As a companion to the California Local News Fellowship, it’s another brick in the rebuilding of California journalism.” – Ken Doctor, Newsonomics news analyst and Lookout Local founder and CEO
“Supporting local news and journalism is vital to enabling a fully informed and engaged community. We are very pleased to see California as a leader in building this public-private partnership that will substantially impact local journalism and essential news coverage in communities throughout California. This vital funding will support our local news and will enable an expansion of our initiative to add to the depth of our bilingual coverage and journalists in Napa Valley – where 40% of the population is Latino.” – Marc Hand, CEO and Board Chair of Highway 29 Media, a publisher of newspapers serving communities in Napa Valley
California Journalists’ Guild Opposes Deal, Calls it a “Shakedown”
In addition, the Media Guild of the West, which represents journalists and had supported Wicks’ bill, issued a statement on Wednesday opposing the deal entitled, “California’s journalists do not consent to this shakedown.”
The guild’s representatives and signatories to the statement (see below) wrote, “This afternoon, Google, California Assemblymember Buffy Wicks, California Governor Gavin Newsom and many of California’s publishing lobbies announced ‘a first-in-the-nation partnership with the State, news publishers, major tech companies and philanthropy, unveiling a pair of multi-year initiatives to provide ongoing financial support to newsrooms across California and launch a National AI Accelerator.’
After two years of advocacy for strong antimonopoly action to start turning around the decline of local newsrooms, we are left almost without words. The publishers who claim to represent our industry are celebrating an opaque deal involving taxpayer funds, a vague AI accelerator project that could very well destroy journalism jobs, and minimal financial commitments from Google to return the wealth this monopoly has stolen from our newsrooms.
Not a single organization representing journalists and news workers agreed to this undemocratic and secretive deal with one of the businesses destroying our industry. Moments ago, the following opposition letter was filed with the California legislature:
We represent journalists and news workers who provide essential news for millions of Californians in print, digital, broadcast, commercial and nonprofit newsrooms.
The future of journalism should not be decided in backroom deals. The Legislature embarked on an effort to regulate monopolies and failed terribly. Now we question whether the state has done more harm than good.
California’s journalists and news workers OPPOSE this disastrous deal with Google and condemn the news executives who consented to it in our names.
Signed,
Matt Pearce, President, Media Guild of the West, The NewsGuild-CWA Local 39213
Jon Schleuss, President, The NewsGuild-CWA
Annie Sciacca, President, Pacific Media Workers Guild, The NewsGuild-CWA Local 39521
Carrie Biggs-Adams, President, NABET-CWA Local 51
Javad Ayala, President, NABET-CWA Local 53
Kevin Gallo, Regional Vice President 5, NABET-CWA
Frank Arce, Vice President, Communications Workers of America District 9
Glazer Also Opposes Agreement, Calls it “Inadequate”
State Senator Steve Glazer (D-SD7, Orinda), who represents most of Contra Costa County and has his own bill on the matter, SB911, also does not support the deal and on Wednesday issued the following “Statement on Wicks-Google Agreement”:
“Despite the good intentions of the parties involved, this proposal does not provide sufficient resources to bring independent news gathering in California out of its death spiral.
Google’s offer is completely inadequate and massively short of matching their settlement agreement in Canada, in supporting on-the-ground local news reporting.
Democracies live and die based on the free exchange of information and oversight between government and its people. Autocracies and dictatorships thrive when that information is constrained or manipulated.
The hollowing out of independent news gathering and the monopoly power of these digital platforms is an existential threat to our democratic republic.
This agreement, unfortunately, seriously undercuts our work toward a long term solution to rescue independent journalism
There is a stark absence in this announcement of any support for journalism from Meta (parent company of Facebook and Instagram) and Amazon. These platforms have captured the intimate data from Californians without paying for it. Their use of that data in advertising is the harm to news outlets that this agreement should mitigate.”
Questions for Wicks About the Agreement and Initiatives Go Unanswered
Questions were emailed Wednesday night to Wicks’ Director of Communications, Erin Ivie, asking, “Do you email out press releases to media that cover her district? Was there a press conference held announcing the agreement?”
Other local media publishers in Contra Costa County didn’t receive the press release about the agreement nor an invitation to any press conference at which it was announced, either.
She was also asked the following:
“Why didn’t she reach out to the local media that cover her district for our input like Congressman Mark DeSaulnier did for his legislation?
Which news publishers, major tech companies and philanthropy are party to the agreement?
Can you ease provide copies of the two initiatives mentioned in the press release or the link to where they can be found?
What are the definitions of ‘newsroom’, ‘local journalist’ and ‘local news outlets’ mentioned in the press release, including in a quote by the Assemblywoman?
Which newsrooms will qualify for the funds? Who will determine which newsrooms will receive the funds and how much they will receive?
Will the funds be provided directly from the tech companies and philanthropy to the newsrooms, or will they be funneled through a state government agency? Will there be an application process and to whom will the applications be submitted?”
Finally, Ivie was asked, “Who will be working on both initiatives? How does a local news publisher get involved in the process?”
UPDATE: Wicks’ Staff Provides Details of Deal
In response, Ivie provided the “Deal Framework, Measures to support democracy, journalism and AI innovation” (see below). In addition, she provided answers to the Herald’s questions:
“Eligible for the funding are nonprofit and for-profit news organizations who have been around for at least two years. The funding is awarded by headcount, overseen by a diverse board (outlined further down).
The one exception is commercial broadcasters, who were carved out of the agreement because they continue to generate healthy profits from advertising dollars.
The funds will be distributed by the UC Berkeley School of Journalism, by an approved claims administrator who typically handles complex distributions of class action settlements. Details of the application process are forthcoming, but in the meantime, anyone interested can contact our office to get on a list to receive those details.
The state is currently committed to providing a minimum of $70M over 5 years, and that commitment is limited to the journalism fund only. Google has committed to $110M minimum over the same time frame, plus $62.5M for their AI accelerator.
That means that taxpayer funds could be used to support the journalism fund, but not the work of the AI accelerator. It will not require legislation to be passed, but it will require a budget allocation (in January), which the Governor has already committed to.
Our office, Google, the UC Berkeley School of Journalism, plus a seven-member governing board. That board will consist of two CNPA members, one member from Ethnic Media Services, one from Local Independent Online News (LION), one from Latino Media Collaborative, one from California Black Media, and one from Media Guild of the West.
Any local news publisher who wants to get involved can email our office and be brought into the fold. If you’re interested, please email our Legislative Director Zak Castillo-Krings at zak.castillo-krings@asm.ca.gov.
The agreement was made in lieu of AB 886, and the bill will no longer move forward.”
Deal Framework
Measures to support democracy, journalism and AI innovation
- Summary: Creation of first-in-the-nation partnerships that will provide nearly $250 million in public and private funding over the next five years, with the majority of going to support newsrooms. The goal is to front-load $100 million in the first year to kickstart the efforts. Total investment could increase over the next several years if additional funding from private or state sources becomes available.
- State Contribution: 30mm in year one. 10mm in each of the next four years (years 2-5). All money will be contributed to a new fund established at UC Berkeley School for Journalism.
- Google Commitment to Journalism, up to 30mm a year, as follows:
- Year one:
$15mm to the Journalism Fund
$5mm to AI fund accelerator
$10mm in funding for existing journalism programs
- Years 2-5: Google continues its contribution to Journalism Fund at 10mm minimum. Google maintains 10mm in funding for existing journalism programs
- National AI Accelerator
- Managed by as-yet-to-be finalized non-profit organization, under terms to be
defined by funders
- Google commitment of additional 10mm to Accelerator
- Google commitment of additional 2.5mm to fund AI research
- Additional contributions from other tech companies
- UC School of Journalism non-profit public charity
- Administration costs are not to exceed a customary overhead
- Purpose is to bolster UC’s efforts to support and catalyze local news
throughout the state
- Overseen by a 7-member governing board:
- CNPA member
- CNPA member
iii. Ethnic Media Services
- Local Independent Online News
- Latino Media Collaborative
- California Black Media
vii. Media Guild of the West
- Funds allocated by board to be distributed by claims administrator
- 12% of funding reserved for locally focused publications and publications targeting underrepresented groups
- The function of the board will be to validate the distribution formula based on the number of journalists per publication. Funds to be distributed to eligible organizations by dividing the number of eligible journalism positions or
freelancers of each organization by the total number of overall eligible positions multiplied by the total eligible amount in the fund consistent with the current language of AB886. The board will have no other discretion relative o the distribution of funds.
- The definition of a journalist does not include broadcasters
- Additional State Support:
- California will work with its departments on plans to prioritize state government advertising in local publications and publications in underserved markets, with the goal of redirecting millions in advertising dollars.
Erin Ivie, Director of Communications, Office of Assemblymember Buffy Wicks and Steven Harmon, Communications Director for the Office of State Senator Steve Glazer contributed to this report.
Civil rights lawsuit filed against City of Antioch, Antioch Police, Contra Costa Child Protective Services claims neglect led to 2022 toddler’s beating death
CONTENT WARNING: Information included may be disturbing to some individuals
Antioch childcare facility, Pittsburg pediatrician also named
Attorney says agencies “utterly failed in their duties” to protect 18-month-old girl abused by parents also named in suit
San Francisco, August 20, 2024 — A federal civil rights lawsuit was filed in the beating death of an 18-month-old child in Antioch, alleging that a litany of individuals and agencies charged with protecting the tiny girl utterly failed in their duties and led directly to her death as the result of trauma inflicted by her biological parents.
The case, filed last week in Federal District Court on behalf of the two older siblings of the toddler, names the following defendants as negligently responsible for her horrific death: the City of Antioch, Antioch Police Department, Contra Costa Child Protective Services, Contra Costa County Regional Health Foundation, and a childcare facility, The Learning Center (actually named, The Learning Experience – see below), as well as the toddler’s biological parents, Jessika Fulcher and Worren Young, Sr.
The child was removed from her parent’s custody within weeks of her birth in February 2021 because she was in danger of neglect and abuse. Yet, over the next 16 months, the very people and institutions who were supposed to protect the toddler and her siblings failed to report obvious signs of abuse and/or failed to take action to prevent further trauma to the girl.
The child died August 26, 2022, from trauma so severe that it severed her pancreas and caused bleeding in her brain, according to doctors and the lawsuit.
The lawsuit seeks unspecified monetary damages, including punitive damages against the agencies and individuals named as responsible in the legal action.
“This child–who was still learning to walk–was brutally tortured and died a horrific death, all because the entire system that was supposed to protect her failed this innocent 18-month-old child,” said Brett Schreiber, attorney for the plaintiffs and partner at Singleton Schreiber law firm. “While her parents committed the physical abuse that killed her, their abuse was entirely enabled and abetted by social workers, police, hospitals and day care centers who should have stopped them.”
A juvenile court judge removed the toddler from the custody of her parents in March 2021, shortly after her birth. When the child was born, both she and her mother had methamphetamines in their systems. In addition, both parents had outstanding warrants in Georgia. The children were placed in foster care.
Within weeks of the judge’s decision, however, Contra Costa County Child Protective Services (CPS) began a process intended to lead to reuniting the children with the parents, beginning with a “case plan” requiring close supervision of the parents. The case plan required the parents to submit to regular drug testing. The suit alleges that they missed half these mandated tests and failed many that they took.
A doctor at Pittsburg Health Center further noted injuries on the toddler, but neither the doctor nor the hospital notified CPS, and CPS never requested the hospital’s records.
Nonetheless, CPS soon allowed overnight visitations for the children with the parents, and by September 2021 enabled the parents to regain custody by concealing these and other facts from the judge.
The toddler returned to a household in turmoil, with Antioch police visiting the home at least three times in 2022. Yet the children remained in the home and no referral to CPS was made, even though the father was finally arrested for domestic violence and battery. The child’s daycare center, The Learning Center in Antioch, also alerted the mother regarding significant bruising on the toddler yet failed to make a mandated referral to CPS.
On August 25, 2022, Antioch Police Department officers and paramedics were called to the child’s home by her mother who reported that the girl was having trouble breathing. The girl was rushed to the hospital where doctors discovered she was the victim of severe, intentional injuries.
Her parents left the hospital during the night saying they were going out to smoke, but never returned. The girl died the following morning; a juvenile court hearing in April 2023 concluded that one or both parents were responsible for the fatal injuries.
“This was a complete dereliction of duty that resulted in the death of one young child and the lifelong loss and trauma for two others,” Schreiber said. “On behalf of those siblings, we are asking the court not only to compensate them for the life-long emotional scarring they will suffer, but also to punish those who failed to prevent this horrible tragedy so that it never happens again.”
Antioch City Attorney Thomas L. Smith and Interim Antioch Police Chief Brian Addington were asked on Tuesday afternoon if they had any comment about the lawsuit. Addington was also asked if lawsuits naming the police department are received by the chief or if they are handled by the city attorney’s office. Neither responded by publication time Wednesday evening.
Asked if the County had any comment on the lawsuit, Tish Gallegos, Community Relations and Media for the Contra Costa County Employment & Human Services Department responded, “The County has not been served with the lawsuit, therefore has no comment at this time.”
Asked whom at the County was served with the lawsuit, Sam Singer, of Singer Associates Public Relations representing Singleton Schreiber said, “I know the lawsuit was filed but it may not have been served, yet.”
The press release shows the case is O.Y., W.Y., and A.Y. v. County of Contra Costa, City of Antioch, Jessika Fulcher, Worren Young, Sr., Colleen Sullivan, Flynne Lewis, Contra Costa Regional Health Foundation, The Learning Center, Raji Ponnaluri, and Does 1 through 50, filed in U.S. District Court for the Northern District of California.
Correction, Details Provided on Named Parties
However, the name of the business is actually, The Learning Experience.
Provided with that information and asked how Sullivan, Lewis and Ponnaluri are related to the lawsuit, Singer shared details from the lawsuit, including: “over the next year, from March 2021 to April 2022, during the pendency of the dependency action, CPS workers—Defendants in this action— abysmally failed to protect O.Y. and W.Y. Defendants Colleen Sullivan and Does 1-10, CPS employees, repeatedly misled and deceived the juvenile court. They represented that Defendant Parents were complying with the court’s orders documented in a ‘case plan,’ when, in fact, Defendant Parents were violating the terms of the case plan.”
Singer also shared, “defendant Flynne Lewis was a pediatrician practicing medicine at the Pittsburg Health Center who was responsible for the health, safety, and welfare of Decedent O.Y. and Plaintiff W.Y. Defendant Lewis and staff working at the Pittsburg Health Center noted and documented signs of abuse and neglect of O.Y., but failed to report such information to CPS or any law enforcement agency.”
Finally, Singer provided details about the correct name for the business and its owner which reads, “At all relevant times, Defendant The Learning Experience was a daycare center located at 4831 Lone Tree Way, Antioch, CA 94531 which was owned and operated by Defendant Raji Ponnaluri.”
Singleton Schreiber is a client-centered law firm, specializing in mass torts/multi-district litigation, fire litigation, personal injury/wrongful death, civil rights, environmental law, and sexual abuse/trafficking. Over the last decade, the firm has recovered more than $2.5 billion for clients who have been harmed and sought justice. The firm also has the largest fire litigation practice in the country, having represented over 26,000 victims of wildfire, most notably serving plaintiffs in litigation related to the 2023 Maui wildfires, the Colorado Marshall wildfire, the Washington Gray wildfire, and others.
Allen D. Payton contributed to this report.
CA Attorney General announces settlement agreement with Rite Aid Corporation to continue providing pharmacy services statewide
Company agrees to conditions resolving competitive impacts related to changes in ownership involving retail pharmacy outlets
OAKLAND — California Attorney General Rob Bonta today announced a settlement with Rite Aid Corporation (Rite Aid) operating as an injunction to enable him to review changes of ownership involving their retail pharmacy outlets statewide. Additionally, the settlement includes injunctive conditions that resolve competition-related concerns to ensure remaining Rite Aid pharmacies provide necessary medication and healthcare services to Californians, specifically those who may rely on Medi-Cal and Medicare, and protect workers at stores that are sold or closed. Today’s settlement reflects the Attorney General’s efforts to prevent the continued growth of pharmacy deserts, which disproportionately impact low-income individuals, the elderly, and people of color, all of whom are also patients of Rite Aid. The settlement was reached under Assembly Bill (AB) 853.
“Pharmacies are often the most accessible healthcare providers, offering vital services for the well-being of individuals and families. Without them in our communities, Californians could face significant barriers in managing chronic conditions, receiving timely medications, and accessing preventative care,” said Attorney General Bonta. “Today, with AB 853 and conditions set by my office, Californians who rely on Rite Aid pharmacies can continue accessing their medications and essential healthcare services they need to live healthy and fulfilling lives.”
Rite Aid filed for Chapter 11 bankruptcy and began closing nearly 550 stores nationwide since October 2023. California experienced the closure of more than 100 stores statewide; however, approximately 71% of all stores in California have remained open throughout the bankruptcy and with one exception in San Diego, there were two or more competitive alternatives close by for the closed stores. This June, Rite Aid’s bankruptcy restructuring plan was approved by the United States Bankruptcy Court for the District of New Jersey, which turns over control of the company to a group of its lenders.
Under the settlement and AB 853, Rite Aid agrees to the following conditions for the next five years:
- Use commercially reasonable efforts to maintain the remaining Rite Aid stores, as well as all required licenses.
- Provide 90-day notice of sale or closure of remaining Rite Aid stores.
- Continue participation in Medi-Cal and Medicare if commercially reasonable.
- Provide financial assistance to patients if commercially reasonable to do so.
- Continue free delivery services to patients who were receiving these services from a closed store in San Diego.
- Ensure compliance with state staffing levels.
- Maintain hiring list for all employees from stores that close going forward for preferential hiring at other Rite-Aid stores.
- Use commercially reasonable efforts to pay retirement contributions if collective bargaining agreements require such payments.
- Use commercially reasonable efforts to abstain from contesting unemployment for individuals who are laid off as a result of the sale or closure of Rite Aid stores if no nearby Rite Aid store offers employment.
- Comply with nondiscrimination rules in the provision of healthcare services and to commercially reasonable efforts to provide financial assistance to patients.
The California Department of Justice’s Healthcare Rights and Access Section (HRA) works proactively to increase and protect the affordability, accessibility, and quality of healthcare in California. HRA’s attorneys monitor and contribute to various areas of the Attorney General’s healthcare work, including nonprofit healthcare transactions; consumer rights; anticompetitive consolidation in the healthcare market; anticompetitive drug pricing; privacy issues; civil rights, such as reproductive rights and LGBTQ healthcare-related rights; and public health work on tobacco, e-cigarettes, and other products.
A copy of the settlement can be found here.
Op-Ed: DeSaulnier’s opponent Piccinini responds to his comments about Chevron’s departure
By Katherine Piccinini
My pledge to the people of Contra Costa District 10 is to be Putting the People First. The incumbent has made it very clear, as Chevron prepares to leave San Ramon for Texas, he, the incumbent, is putting state and federal policies first. (See related article)
When we think of a large company moving away from its long-term home area, there are many challenges to be considered, such as: loss of revenue from the move, stress of relocating families, children’s emotional and educational issues and the strain on families having to start over. In the incumbents’ words, “I hope as Chevron relocates their corporate facilities, they will keep California’s climate goals in mind.” Really? With all the overwhelming human factors involved, the executives should keep our state’s climate goals in mind. Again, really?
Chevron’s achievements in pursuing and investing in alternative energy sources was have been well defined touching on areas of solar, wind, biofuel, geothermal and hydrogen. Have these pursuits been unacceptable? This is all part of reducing so-called “greenhouse emissions” as we continue to rely on naturally formed, carbon-based oil, often referred to as fossil fuels. Chevron has been at odds with California State regulators and politicians over fossil fuels and climate change for years. Because they want Chevron to be a diverse energy company investing in clean renewable energy does not mean that Chevron has not put forth great alternatives. California is considered to be one of the most progressive energy states but, we shouldn’t allow “cancel culture” to override reasonable considerations.
And that is the problem. It is California policies that are driving residents and companies elsewhere. This move was known since 2022. Chevron has been in California for 140 years and in San Ramon since 2002. Chevron cited that California policies have hurt consumers, and they feel this is not good for the economy so they will seek greener pastures. Also, there appears to be something more ominous on the horizon as California’s Energy Commission is considering taking over oil refineries and operations in the Golden State. May that be the bigger threat to Chevron and possibly other private industries?
We will miss this “oil giant” and all that it has brought to our district in stimulating the economy, jobs and stepping forward to pursue energy alternatives for our state.
Piccinini is a candidate for Congress in District 10 which includes most of the cities and communities in Central and Eastern Contra Costa County.
The Raley’s Companies honor veterans, first responders with new discount program
Regional, family-owned grocery retailer offers 10% off the first Tuesday of each month and designated holidays throughout the year for service members and first responders
WEST SACRAMENTO, Calif., Aug. 6, 2024 /PRNewswire/ — As part of its long-standing commitment to give back to the communities it serves, The Raley’s Companies announces a new 10% discount program for retired and active-duty military, first responders, and their families. Starting today, the discount is available for in-store and on-line purchases the first Tuesday of each month, as well as on Memorial Day, July 4th and Veterans Day.
“We are truly humbled by the dedication of our nation’s military and first responders,” said Keith Knopf, President & Chief Executive Officer for The Raley’s Companies. “While we could never repay the selfless work of these brave and patriotic individuals, we wish to honor their service and share our gratitude for all they do — and have done.”
Growing from a single store opening in 1935, The Raley’s Companies now includes brick and mortar locations under Raley’s and Bashas’ family of brands, including: Raley’s, Bel Air, Nob Hill, Raley’s ONE Market, Bashas,’ Food City, AJ’s Fine Foods, and Bashas’ Diné Markets. The new discount program is available at all brand stores.
The military discount applies to active-duty military, retired military, veterans, and their household family members. The first responders discount applies to active firefighters and wildland firefighters including California Department of Forestry and Fire Protection, Arizona Department of Forestry and Fire Management, New Mexico Forestry Division, U.S. Forest Services, National Park Services, Bureau of Land Management, Bureau of Indian Affairs, U.S. Fish and Wildlife Services, police officers, sheriffs, paramedics, EMTs and their household family members. Members of these groups need to show their military ID or Veterans identification card. If the individual is a member of Something Extra or the Bashas’ Thank You Program, the discount will activate once the military member enters their loyalty number (after the first time).
In addition to the military and first responders new discount program, The Raley’s Companies are deeply committed to giving back by addressing local hunger needs, advocating for good, and focusing on child welfare, the environment and sustainability, food access, food system education, and total wellness. Between 2022 and 2023, the organization donated more than $3 million to local and regional non-profits.
For more information about the program, please visit raleys.com/discountdays to learn more.
About The Raley’s Companies
The Raley’s Companies is a private, family-owned and purpose-driven retail company headquartered in West Sacramento, CA. Since our founding in 1935, our store operations have grown to include more than 235 locations across eight states and four Tribal Nations under 10 well-known banners: Raley’s, Bel Air, Nob Hill Foods, Raley’s O-N-E Market, Bashas’, Bashas’ Diné, Food City, AJ’s Fine Foods, Full Circle, and Farm Fresh To You. In addition, The Raley’s Companies bridges the divide between the physical and digital retail experiences through the operation of Apium Logistics, Fieldera and fieldTRUE. Built on a higher purpose, the organization and our more than 21,000 employees are committed to quality offerings, exceptional service and doing right by our team members, communities and planet. To learn more, visit theraleyscompanies.com.
DeSaulnier says “Chevron left California years ago” over state’s climate goals, company says move was about “better collaboration”
Following announcement of HQ move to Texas
“I’m disappointed, but not surprised” – Congressman Mark DeSaulnier who represents San Ramon. “Chevron’s actions and investments do not align with its stated commitment to reducing greenhouse gas emissions.”
Chevron responds
By Allen D. Payton
Washington, D.C. – On Friday, Aug. 2, 2024, Congressman Mark DeSaulnier (D, CA-10) made the following statement on Chevron’s decision to move its headquarters from San Ramon, a city he represents in Congress, to Texas.
“I am disappointed, but not surprised, to see Chevron’s announcement that it will be leaving San Ramon. I have long been involved and advocated for California’s renewable portfolio standard and climate goals to protect both public health and the environment, and for years I have encouraged Chevron to be a diverse energy company investing in clean renewable sources of energy as we in California have been responsibly transitioning away from climate destroying energy and towards clean energy that protects the climate and public health. Unfortunately, these efforts have been much less successful than I had hoped and, in many ways, Chevron left California years ago. I hope as Chevron relocates their corporate facilities, they will keep California’s climate goals in mind. I’ve reached out to the city of San Ramon and I would be happy to work with Chevron, or any other company, in reaching these important energy goals and to continue to support its employees in Contra Costa County.” (See related article)
Alternative energy
However, according to Wikipedia, Chevron has been pursuing alternative energy sources. operations include geothermal solar, wind, biofuel, fuel cells, and hydrogen.[145] In 2021 it significantly increased its use of biofuel from dairy farms, like biomethane.[146]
Chevron has claimed to be the world’s largest producer of geothermal energy.[51] The company’s primary geothermal operations were located in Southeast Asia, but these assets were sold in 2017.[147][148][149][150]
Prior, Chevron operated geothermal wells in Indonesia providing power to Jakarta and the surrounding area. In the Philippines, Chevron also operated geothermal wells at Tiwi field in Albay province, the Makiling-Banahaw field in Laguna and Quezon provinces.[151]
In 2007, Chevron and the United States Department of Energy‘s National Renewable Energy Laboratory (NREL) started collaboration to develop and produce algae fuel, which could be converted into transportation fuels, such as jet fuel.[152] In 2008, Chevron and Weyerhaeuser created Catchlight Energy LLC, which researches the conversion of cellulose-based biomass into biofuels.[153] In 2013, the Catchlight plan was downsized due to competition with fossil fuel projects for funds.[154]
Between 2006 and 2011, Chevron contributed up to $12 million to a strategic research alliance with the Georgia Institute of Technology to develop cellulosic biofuels and to create a process to convert biomass like wood or switchgrass into fuels. Additionally, Chevron holds a 22% stake in Galveston Bay Biodiesel LP, which produces up to 110 million US gallons (420,000 m3) of renewable biodiesel fuel a year.[155][156]
In 2010, the Chevron announced a 740 kW photovoltaic demonstration project in Bakersfield, California, called Project Brightfield, for exploring possibilities to use solar power for powering Chevron’s facilities. It consists of technologies from seven companies, which Chevron is evaluating for large-scale use.[157][158] In Fellows, California, Chevron has invested in the 500 kW Solarmine photovoltaic solar project, which supplies daytime power to the Midway-Sunset Oil Field.[159] In Questa, Chevron has built a 1 MW concentrated photovoltaic plant that comprises 173 solar arrays, which use Fresnel lenses.[160][161] In October 2011, Chevron launched a 29-MW thermal solar-to-steam facility in the Coalinga Field to produce the steam for enhanced oil recovery. As of 2012, the project is the largest of its kind in the world.[162]
In 2014, Chevron began reducing its investment in renewable energy technologies, reducing headcount and selling alternative energy-related assets.[163]
In 2015, the Shell Canada Quest Energy project was launched[164] of which Chevron Canada Limited holds a 20% share.[165] The project is based within the Athabasca Oil Sands Project near Fort McMurray, Alberta. It is the world’s first CCS project on a commercial-scale.[164]
DeSaulnier Doubles Down
DeSaulnier was asked why he would make the comment about Chevron when the company has been pursuing and investing in alternative energy sources in multiple ventures since 2006 including geothermal, solar, wind, biofuel, fuel cells and hydrogen. He was also asked what else he wanted Chevron to do.
DeSaulnier’s office responded, “Congressman DeSaulnier believes Chevron’s actions and investments do not align with its stated commitment to reducing greenhouse gas emissions – moving out of California which has some of the most progressive climate and energy policies, to Texas, which is a heavy fossil fuel supporter, is evidence of that. Additionally, Chevron’s production hit a record 3.1 million barrels of oil-equivalent per day last year and it expects 2024 production to be even higher and a 2022 study found that Chevron does not match its investments to its pledges as it is still financially reliant on fossil fuels.”
Chevron Responds, Move is About Better Collaboration
Asked if the company had a response to DeSaulnier’s initial statement, Chevron spokesman Ross Allen provided the following statement:
“In addition to our release out Friday morning, our Chairman and CEO Mike Wirth spoke about our move on CNBC and BloombergTV. We also hosted our regularly scheduled Earnings Call, where the topic was addressed during both prepared remarks and the Q&A with investors — (an official transcript will be posted to the website early next week).
As you note, we have areas of disagreement with California policymakers about the shape and direction of energy policy. At Chevron, we support affordable, reliable and ever-cleaner energy – and we believe certain state policies threaten those goals. But our headquarters relocation is about better collaboration and engagement with executives, employees, and business partners.”
“Learn more about our extensive sustainability efforts and capital projects in our 2023 Corporate Sustainability Report — Chevron, which details the way we are achieving “lower carbon, higher returns,” Allen added.
Read the latest news on Chevron’s hydrogen and renewable fuels, like biodiesel, renewable natural gas and sustainable aviation fuel at Alternative Fuels Newsroom — Chevron.
Guest Column: This little-known federal agency is key to out-competing China
International Trade Commission protecting America’s innovation edge
By Frank Cullen
A little-known federal agency might be our most powerful asset in the race for global tech leadership. The International Trade Commission has the power to deter patent infringement abroad and at home by blocking infringers’ access to the huge American market.
It’s up to policymakers to make sure this asset gets deployed to the full extent of the law.
Here’s the problem: In today’s knowledge economy, ideas are the coin of the realm. But America’s intellectual property is under constant attack.
That’s because a 2006 Supreme Court decision, eBay v. MercExchange, severely curtailed the rights of IP owners. Previously, patent holders could easily stop infringers with court orders, called injunctions, preventing the sale of knock-off products that illegally incorporated patented technology.
But the eBay case changed the procedure for obtaining a court injunction. Patent holders now must prove that money alone can’t make them whole for the damage the infringement caused. Though intended to curb certain types of abuse of injunctive authority, the decision unintentionally made it nearly impossible for legitimate innovators to stop infringement, often leaving them with the sole option of pursuing lengthy legal battles for financial compensation.
Enter the ITC. This body wields the power to swiftly bar infringing foreign-manufactured products from the U.S. market entirely. For a government body, the ITC moves fast, typically resolving cases in 12 to 18 months, compared to the years-long slog of district court litigation.
Its administrative law judges are experts in complex patent issues and can grant exclusion orders now mostly unavailable in federal courts. This combination of speed, expertise, and decisive action makes the ITC an increasingly important venue for companies seeking to protect their innovations from copycats.
Established in 1916 as the U.S. Tariff Commission, the ITC has evolved alongside the American economy as we transitioned from a manufacturing powerhouse to an innovation-driven economy.
This evolved role was on full display in a recent high-profile case. When medical device maker Masimo accused the Apple Watch of infringing its blood oxygen monitoring patents, it turned to the ITC. The result? An import ban on infringing Apple Watch models that held Apple to account promptly. The ban demonstrates the ITC’s ability to check the power of even one of the world’s most dominant companies.
The ITC’s role is crucial to preserving America’s innovative edge. When a biotech startup pours its resources into a potentially life-saving drug, or when a telecom company invests billions in 5G technology, they need to know their intellectual property will be protected. The ITC’s ability to swiftly block infringing products creates a powerful deterrent against IP theft.
Critics of the ITC argue that its powers could potentially be used to stifle competition or harm consumers. But while there’s always a delicate balance between protecting innovation and protectionism, the ITC has built-in safeguards, starting with a public-interest requirement to weigh factors like health, safety, and competitive conditions into its decisions. It’s not a blunt instrument, but a precision tool designed to protect innovation while preserving fair competition.
As we look to the future, strengthening and modernizing the ITC should be a priority. This could involve increasing its resources to handle a growing caseload, streamlining its procedures, and potentially expanding its authority. We also need to educate our innovators more fully about the ITC as a forum for IP protection.
The future of American technological leadership depends on the choices we are making now — in policy, investment, and legal strategy.
Frank Cullen is executive director of the Council for Innovation Promotion. This originally ran in The Hill.
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