Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Walnut Creek man, CEO of East Bay-based internet companies indicted on wire, securities fraud charges

By Leave a Comment

Alan K. Anderson arrested in connection with alleged scheme to raise money by creating false impression of profitability and sending false contracts to investors; companies market child-friendly services

SAN FRANCISCO – A federal grand jury has indicted Alan K. Anderson, charging him with wire fraud and securities fraud charges related to a scheme to use materially false and fraudulent pretenses to induce investors to make contributions to three businesses that were marketed as providing child-friendly internet services, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.  alananderson_indictment USDOJ

The indictment filed October 13, 2021, and unsealed today, describes how Anderson, 59, of Walnut Creek, used misrepresentations to solicit investments for the three businesses.  According to the indictment, Anderson owned and controlled Imbee, Inc., a Delaware corporation based in Walnut Creek marketed as a child-friendly social media platform; Fanlala, a California corporation marketed as a service providing internet-based music streaming for children; and Fruit Punch, a California corporation marketed as providing music-streaming service for children.  The indictment alleges that beginning as early as April of 2010 through May of 2019, Anderson raised money for his companies by making false representations and creating false documents to support his bogus claims.  For example, the indictment alleges Anderson created fraudulent income statements and profit and loss statements and misrepresented the companies’ profitability to investors and potential investors; that Anderson created and altered contracts to represent falsely that one or more of his companies would be acquired by larger companies; and that Anderson created and altered contracts to make fraudulent claims that his companies created partnerships with other existing companies.  In addition, the indictment describes how Anderson emailed an investor to falsely claim Imbee was worth $21.6 million and that the investor owned 70% of the company.

In sum, the indictment charges Anderson with four counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of securities fraud, in violation of 15 U.S.C. §§ 78j(b) & 78ff and 17 C.F.R. 240.10b-5.  Anderson was arrested today in Walnut Creek.  He will make his initial federal court appearance tomorrow at 10:30a.m., before U.S. Magistrate Judge Thomas S. Hixson, in San Francisco.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, each count of wire fraud carries a maximum sentence of 20 years in prison and a maximum $250,000 fine. The securities fraud charge carries a maximum 20 years of imprisonment and a $5,000,000 fine.  In addition, the court also may order a term of supervised release, fines or other assessments, and restitution, if appropriate.  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.

In addition, in 2019, due to lies and misrepresentations he had made to previous shareholders, Anderson was issued a Desist and Refrain Order from the California Department of Business Oversight, preventing him from selling additional stock in Imbee, Inc. in the state “by means of any written or oral communication which includes untrue statements or omissions of material facts.”

Assistant U.S. Attorneys Christiaan Highsmith and Scott Joiner of the Office’s Corporate and Securities Fraud Section are prosecuting this case with the assistance of Claudia Hyslop, Morgan Byrne and Ralph Banchstubbs.  This prosecution is the result of an investigation by the FBI.

Allen Payton contributed to this report.

 

Sheriff’s Office investigates Saturday murder of teen in Bay Point

By Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Saturday, October 16, 2021, at about 5:36 PM, Deputy Sheriffs were dispatched to the 3300 block of Willow Pass Road in Bay Point for a report of a shooting.

Deputies arrived on scene and found a man who suffered from a gunshot wound lying on the ground in front of a store.

Fire and ambulance responded and rendered medical aid to the victim who was later declared deceased at the scene. He is identified as 18-year-old Manuel Pineda.

Another person who was injured in the shooting was transported to a local hospital. His injuries were said to be non-life threatening.

Detectives from the Sheriff’s Office Homicide Unit responded along with the Crime Lab.

The investigation is ongoing.

Anyone with information is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

 

Contra Costa Sheriff’s Office seeks Bay Point assault suspects

By 1 Comment

Assault suspects in car 10-12-21. Photo by CCCSheriff

12-year-old girl shot by BB gun

By Contra Costa County Office of the Sheriff

The Contra Costa County Office of the Sheriff is looking for four suspects involved in assault with a deadly weapon incidents in Bay Point.

On Tuesday, October 12, 2021, at about 3:20 PM, a 12-year-old girl walking home from school on the 3300 block of Willow Pass Road at Marin Avenue was shot at with a BB gun as a vehicle drove passed her. There were two other similar incidents later that day in the same area. The victims all suffered injuries.

The same suspects appear to be involved in each case. They were in a silver-colored 4-door, newer Kia Optima.

The investigation is ongoing. Anyone with information on the vehicle or suspects is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2667 or 313-2600. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

Assault suspects’ car 10-12-21 Photo by CCCSheriff

BBB warns of San Francisco Giants fake ticket scams

By Leave a Comment

By Alma Galvan, Marketing & Communications Manager, BBB of the Golden Gate

With the excitement that the San Francisco Giants are once again in the MLB playoffs. The Better Business Bureau (BBB) of The Golden Gate is warning fans that scammers might be selling fake playoff game tickets online. “Thanks to the internet, there are countless ways for consumers to find tickets and connect with online marketplaces, ticket sellers, and resellers,” said Lori Wilson, President of BBB serving The Golden Gate.

BBB is warning consumers to be smart when searching for and purchasing tickets, and to ensure that they are purchasing from a trustworthy source. The BBB has received hundreds of complaints on BBB Scam Tracker about ticket scams related to sporting events, concerts, theatre, and more.

Here are some tips for buying tickets online:

  • Purchase from the venue whenever possible.
  • Consider your source. Know the difference between a professional ticket broker (a legitimate and accredited reseller), a ticket scalper (an unregulated and unlicensed ticket seller), and a scammer selling scam tickets.
  • Check out the seller/broker on BBB.org
  • Buy only from trusted vendors.
  • Know the refund policy.
  • Always use a credit card whenever possible.
  • Be wary of advertisements promoting cheap tickets.
  • If you’re unsure, verify your tickets. Pay a visit to the arena where the event will be held. Present your ticket to “Will Call” (customer service) and they can verify if your ticket is legitimate and show you how to tell if a ticket is fake.

Go to BBB.org to look up online marketplace business profiles, file a complaint, or write a customer review.  Visit BBB Scam Tracker to research and report scams.

 

Bay Point man arrested for murder of woman following domestic disturbance early Saturday

By Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

At about 12:03 Saturday morning, Oct. 2, 2021, Muir Station Deputy Sheriffs were dispatched to a domestic disturbance on Island View Drive in Bay Point.

Deputies arrived, finding a man and woman in the street. The man fled on foot but was apprehended by deputies.

The woman sustained injuries and was transported to a local hospital. Early this afternoon, she was pronounced deceased at the hospital.

The man is identified as 47-year-old Richard Ortiz of Bay Point.

He is currently booked at the Martinez Detention Facility on the following charges: murder, domestic violence, and resisting an executive officer.

The investigation into this incident is ongoing.

Anyone with information is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600 or through Sheriff’s Office dispatch at (925) 646-2441. For any tips, email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.

PG&E disputes Shasta County criminal charges related to 2020 Zogg Fire

By Leave a Comment

2020 Zogg Fire statistics. Source: CalFire

SAN FRANCISCO — PG&E Corporation shared the following statement from CEO Patti Poppe today, Friday, Sept. 24, 2021 regarding criminal charges filed by the Shasta County District Attorney’s office related to the September 2020 Zogg Fire. The utility company was charged with involuntary manslaughter in the deaths of four people, and other felonies and misdemeanors for the Zogg Fire and other fires that started in the county over the last year and a half. Shasta Co DA PGE-court-docs

“We are all devastated by the effects of wildfire here in California. My heart aches. I have seen firsthand how devastating it is and have spoken with many of those most harmed. These communities are the hometowns where my coworkers live and work, too. While I am new to this environment, I hope my heart never becomes hardened to the devastation that catastrophic wildfire can cause.

I came to PG&E to make it right and make it safe, which is a commitment that my 40,000 coworkers and contract partners all share. We’ve already resolved many victim claims arising from the Zogg Fire, along with the claims by the counties of Shasta and Tehama. And we are working hard to resolve the remaining claims.

We’ve accepted CAL FIRE’s determination, reached earlier this year, that a tree contacted our electric line and started the Zogg Fire. We accept that conclusion.  But we did not commit a crime.

Today’s climate and unprecedented drought have forever changed the relationship between trees and power lines. And please know we’re not sitting idly by. We have established a new standard for our lines and the vegetation near them because it poses such a real risk to our communities.

For example, on the Zogg Fire, the tree that started the fire is one of over 8 million trees within striking distance to our lines. Here are a few other facts.

Between October 2018 and last year’s Zogg Fire:

  • Two trained arborists walked this line and independent of one another determined the tree in question could stay.
  • We trimmed or removed over 5,000 trees on this very circuit alone.
  • This year we will remove 300,000 trees statewide.

This vital safety work is all done by real people who are trying every day to do the right thing. Trained, professional people – my PG&E coworkers and our extended contractor family. Arborists, specifically, are trained professionals and sometimes, just like doctors or architects, they can have professional differences. There will be debates about the facts around the tree that started the Zogg Fire. Professional debate in the service of doing what is right and continuously improving.

This was a tragedy, four people died. And my coworkers are working so hard to prevent fires and the catastrophic losses that come with them. They have dedicated their careers to it, criminalizing their judgment is not right. Failing to prevent this fire is not a crime.

Right now, PG&E is:

  • Investing more than $1.4 billion this year alone in vegetation management;
  • Removing 300,000 trees and trimming 1 million more; 
  • We’re working toward burying 10,000 miles of power lines;
  • We’re installing remote and micro grids to eliminate the wires altogether; and
  • We’re reestablishing and building our system to a new standard of resilience that keeps our communities safe and powered as our climate continues to change around us.

We are seeing signs of progress. For example, even during this year, with extreme drought conditions, we have reduced our ignitions over 50%.

That is our best ever performance since we have been tracking this and yet, we are still dissatisfied. That’s why we are not going to stop there.

We’re putting everything we’ve got into preventing wildfires and reducing the risk. Though it may feel satisfying for the company of PG&E to be charged with a crime, what I know is the company of PG&E is people,  40,000 people who get up every day to make it safe and to end catastrophic wildfire and tragedies like this.

Let’s be clear, my coworkers are not criminals.  We welcome our day in court so people can learn just that.”

Poppe’s statement is also available on PG&E Currents and broadcast quality video is available here.

Details about PG&E’s efforts to further reduce the growing wildfire risk, harden its systems, and use new technologies to help keep its communities safe can be found in the company’s 2021 Wildfire Mitigation Plan.

About PG&E Corporation

PG&E Corporation (NYSE: PCG) is the parent company of Pacific Gas and Electric Company (PG&E or the “Utility”), a combined natural gas and electric utility serving more than 16 million people across 70,000 square miles in Northern and Central California. For more information, visit pgecorp.com.

Forward-Looking Statements

This news release contains forward-looking statements that are not historical facts, including statements about the beliefs, expectations, estimates, future plans and strategies of PG&E Corporation and the Utility, including but not limited to the criminal charges filed in connection with the 2020 Zogg fire and the Utility’s vegetation management and system hardening efforts. These statements are based on current expectations and assumptions, which management believes are reasonable, and on information currently available to management, but are necessarily subject to various risks and uncertainties. In addition to the risk that these assumptions prove to be inaccurate, factors that could cause actual results to differ materially from those contemplated by the forward-looking statements include factors disclosed in PG&E Corporation and the Utility’s joint annual report on Form 10-K for the year ended December 31, 2020, their most recent quarterly report on Form 10-Q for the quarter ended June 30, 2021, and other reports filed with the Securities and Exchange Commission, which are available on PG&E Corporation’s website at pgecorp.com and on the SEC website at www.sec.gov. PG&E Corporation and the Utility undertake no obligation to publicly update or revise any forward-looking statements, whether due to new information, future events or otherwise, except to the extent required by law.

Allen Payton contributed to this report.

 

Officer-involved shooting public report: Richmond Police Officers lawfully shot man in 2019 

By Leave a Comment

Luc Toan Chanh Ciel

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

The Contra Costa County District Attorney’s Office has concluded Richmond Police Department officers lawfully shot and killed Luc Toan Chanh Ciel in 2019. The DA’s Office released a public report about the shooting today. No charges will be filed against the officers and the Office’s criminal investigation has been concluded. The facts show that the officers had probable cause to believe that Ciel posed a significant threat of death or great bodily injury, not only to himself, but to his family. (See related article)

On April 11, 2019, at approximately 2:33 a.m., multiple Richmond officers arrived at a residence due to an urgent 911 call. Ciel broke into the residence and had weapons, including two knives, with him as he stabbed and attempted to kill three family members.

Officers arrived at the scene and entered the residence from different locations. Officer Danielle Evans and Officer Jeffrey Tyner entered from the rear of the building. They noticed broken glass on the ground and could hear yelling from inside the house. The officers found one victim with blood on her face in the first room they entered.

Officer Tyner proceeded to continue inside the house and saw Ciel with a knife standing over another victim. Ciel was in the process of attempting to stab this victim. Officer Tyner commanded Ciel to step away from the victim and drop his knife. Ciel refused to listen to the officer’s commands. Officer Tyner in turn fired his weapon three times. Officer Evans saw Ciel continue to stand up after he was hit and turned towards the officers. Officer Evans then fired her weapon once.

Officer Terrance Jackson was also inside the residence and observed Tyner and Evans engaging with Ciel. Officer Jackson fired his weapon once after Ciel turned towards his fellow officers. Officer Jackson’s shot occurred simultaneously to Officer Evans’ shot.

Officers located numerous black flex ties in Ciel’s pocket. There was also another knife in the hallway near his body. He had a knife sheath on his belt. Ciel was pronounced deceased at the scene. An autopsy performed by the Contra Costa County Coroner’s Office found Ciel suffered four gunshot wounds and one stab wound. A toxicology report was negative for the presence of any substance.

The DA’s Office and every law enforcement agency in Contra Costa County has adopted the Law Enforcement Involved Fatal Incidents Protocol (“the Protocol”) to investigate incidents when officers or civilians are shot or die during an encounter with law enforcement. Under the Protocol, the DA’s Office investigates all officer-involved shootings in Contra Costa County for the purpose of making an independent determination of criminal liability. The sole purpose of the District Attorney’s investigation is to determine if there is proof beyond a reasonable doubt that a crime was committed during a fatal encounter with law enforcement.

The OIS public report is available on our website.

Settlement reached with Ulta Beauty stores for hazardous waste violations

By Leave a Comment

$752,000 in civil penalties

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

Contra Costa County District Attorney Diana Becton announced today that the Contra Costa County District Attorney’s Office, together with 33 other California District Attorneys and City Attorneys, have reached a settlement for violations of hazardous waste regulations with Ulta Beauty, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Ulta, Inc., and Possibilities AB, Inc., (collectively referred to as “Ulta”) that includes $752,000 of civil penalties, supplemental environmental projects, and costs. Ulta has five stores in Contra Costa County and 161 facilities overall in California. The settlement follows an investigation of Ulta stores’ improper storage, handling, and disposal of hazardous and other regulated waste and inadequate employee training.

Ulta stores in Contra Costa County are located in Brentwood, Concord, Pinole Pleasant Hill and San Ramon.

“Companies must be held responsible for business practices that pose a harm to the environment.,” said DA Becton. “Ulta was cooperative throughout the investigation and in correcting the issues.”

In fact, Ulta stores in California have adopted and implemented new policies and procedures and enhanced existing training programs designed to properly manage and dispose of hazardous waste products, other regulated waste, and confidential customer consumer information.

Under the settlement, which includes a Final Judgment and Permanent Injunction entered in Solano County Superior Court Case No. FCS057080, by the Honorable Alesia Jones, the corporations must pay $439,500 in civil penalties, $250,000 in costs and $62,500 in supplemental environmental projects. Defendants must also implement certain compliance assurance programs.

Three arrested in Walnut Creek for illegal firearm, drugs, outstanding warrant, ID theft

By 1 Comment

Virgil Lee Adams arrested and illegal gun confiscated on Tues., Sept, 15, 2021. Photos: WCPD

Ages 22, 21 and 13; during Tuesday traffic stop; both adults have history of arrests, already released from custody

By Walnut Creek Police

If you happened to see police activity in the area of S. California Ave. and Newell Ave. on Tuesday, here is what happened!

At around 3:40pm, Officer Kim and his FTO Officer Young made a traffic stop on the corner of S. Cal and Newell Ave.

While they were investigating, one person in the car (Virgil Lee Adams, born 8/18/99) got out of the car and ran away from the scene. Officers then located a loaded firearm underneath the seat Adams was sitting in.

Additional WCPD Officers and Detectives quickly responded to the scene.

Officer Marre and Sergeant Njoroge located Adams in the creek just south of Newell Ave. after a foot chase.

Officers Young and Kim located the loaded firearm and over 80 fentanyl pills inside the car.

Adams was arrested for narcotics possession, possession of narcotics while armed, weapons possession, and obstruction.

Other occupants in the car included a 13-year-old male who was arrested for an outstanding warrant out of Oregon and Quan’naejia Ta’zjae Taylor (born on 10/31/99. Taylor was arrested for ID Theft. Excellent work by all involved!

Virgil Lee Adams Aug. 2020 and Quan’naejia Ta’zjae Taylor Aug. 2019 and Feb. 2018. Sources: Portland, OR Police & Clackamas Co., OR Sheriff

As of Saturday, Sept. 18, 2021, according to the Vine website she was out of custody on general release and Adams was out of custody released on court order.

According to bustedmugshots.com he was arrested on Oct. 28, 2016 for attempted murder and unlawful use of a weapons. Then, according to arrestfacts.com Adams was arrested by Portland Police on Dec. 9, 2016 for unlawful possession of a loaded firearm and interfering with a peace officer. According to thegrio.com, he was arrested on Feb. 13, 2017 for robbery and assault, but was later found not guilty.

Finally, according to crimeinformer.com, Adams was arrested in Portland, OR on Aug. 25, 2020 for attempted murder, assault and unlawful use of a weapon. According to his Facebook page he lives in Portland and is the father of three children.

According to crimeinformer.com, Taylor was also arrested on Feb. 2, 2018 for theft in Clackamas County, OR, then again on Aug 5, 2019 in Portland, OR for disorderly conduct and interfering with a peace officer. According to mugshots.com and bustedmugshots.com she was arrested by Portland Police on May 9, 2019 for robbery, identity theft and fraud. According to her Facebook page, she’s the mother of two children.

Allen Payton contributed to this report.

 

Four arrested in Richmond for illegal guns, one stolen, one loaded with extended magazine, drugs, driver for DUI

By 2 Comments

Illegal guns seized during traffic stop on Saturday, Sept. 18, 2021. Photo: RPD

During Saturday morning traffic stop

By Richmond Police Department

PROACTIVE POLICING = SAFER STREETS!

Saturday morning, while patrolling the 23rd Street corridor, Officer McDonell saw a car driving without headlights, and conducted a traffic enforcement stop on the vehicle.

Upon contacting the driver, Officer McDonell immediately noticed that the driver appeared to be driving under the influence (DUI). Furthermore, he could see open containers of alcohol and marijuana within the car, which was occupied by four other passengers.

During the course of his investigation, Officer McDonell located three illegal firearms within the car! Not only was one of the guns loaded with an illegal 32-round extended magazine, but a records check revealed that a second gun had been reported stolen out of another local jurisdiction.

The driver, who was under the age of 21, was determined to have been driving under the influence (DUI) with the four passengers in her car. RPD officers provided free rides to RPD jail, where the suspects were booked on multiple DUI, narcotics, and firearms-related charges.

We are relieved that this DUI driver, and the illegal firearms in her car, were intercepted before anyone was potentially injured or killed. We are proud of Officer McDonell’s proactive policing efforts to keep our community safe!

Richmond PD is committed to protecting our community, with a zero-tolerance approach if you are caught driving under the influence. Remember – buzzed driving is drunk driving; PLEASE plan ahead and designate a sober driver!