Contra Costa Herald

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

Brentwood couple charged with, plead not guilty to criminal labor trafficking for domestic slavery of nanny

By Leave a Comment

One employed with Contra Costa County since 1998; first ever case of this type for Contra Costa DA

By Scott Alonso, Public Information Officer, Contra Costa County District Attorney

Martinez, Calif. – Last month, Ijeoma Chukwunyelu and Nnamdi Onwuzulike made their first court appearance and entered pleas of not guilty in Contra Costa County’s first criminal labor trafficking case. In addition to labor trafficking under Penal Code section 236.1(a), defendants are charged with extortion and conspiracy to violate Labor Code section 1199 which requires employers to follow California’s minimum wage and hour requirements.

In this case, a woman was recruited from outside the United States to be a nanny for a family with young children in East Contra Costa County. Defendants instructed the victim to obtain her passport and visa fraudulently and claim she was coming to California for three weeks as a tourist to attend the wedding of her son and the defendants’ daughter. Because of her economic circumstances, and fear that the job opportunity would be given to someone else, the victim followed the instructions she was given. She was not aware of her legal rights to minimum wages, breaks, overtime or employment conditions under California law.

When the victim arrived in California in April of 2017, defendants took possession of her passport and visa. From the time she started until October of 2018, the defendants required her to perform work beyond what she was hired to do. She was required to sleep on the floor of the children’s room so she could care for them round the clock, to cook for the entire family and clean their 5-bedroom house for no additional wages. They did not provide the victim with breaks or days off from her work responsibilities as required by California Law. The defendants never paid her overtime for any of the additional hours she worked and continued to employ her with knowledge that her visa expired. This made the victim a particularly vulnerable worker without immigration status who was fearful of deportation.

According to her LinkedIn profile, Chukwunyelu has worked for Contra Costa county for almost 22 years, first as a Senior Information Systems Analyst and then since April 2016, as an Information Systems Manager. According to MyLife.com, Onwuzulike is 56 and formerly lived in Antioch, Martinez and Oakland. Additional information about the couple has been sought from those they claim to be affiliated with discovered through internet searches. Please check back later for updates to this report.

This investigation was a collaborative effort the Brentwood Police Department, the Contra Costa County District Attorney’s Office, Homeland Security Investigations, the United States Department of Labor, and the California Department of Industrial Relations/Division of Labor Standards Enforcement and the Victim Witness Assistance Program within the DA’s Office. The investigation began when American Medical Response (AMR) personnel recognized a victim in need of assistance and connected her to resources that could help her.

“As the COVID-19 pandemic causes massive job losses and severe economic instability, California workers are more vulnerable than ever to exploitative employment practices. Our collaborative efforts on this investigation led to a successful filing of this case. I am proud to work with our partners at all levels of government to protect workers and seek justice for those harmed by predatory behavior,” stated Contra Costa County District Attorney Diana Becton.

The California Labor Code and a series of 17 Wage Orders maintained by the California Department of Industrial Relations set forth state minimum wage and overtime requirements for nearly all types employees, including live-in domestic workers. The orders can be found here:  https://www.dir.ca.gov/iwc/WageOrderIndustries.htm and information about worker rights can be found here:  https://www.dir.ca.gov/dlse/dlse.html. These rights apply to California employees without regard to the person’s immigration status. Such illegal practices by employers could carry both civil and criminal liability for the employer even if the worker “agrees” with the employment conditions out of financial desperation, concern for their immigration status, or simply because the employee did not know their rights.

“The experience of this domestic worker represents countless more who are preyed upon because of economic desperation. These criminal acts are not only illegal but immoral,” said California Labor Commissioner Lilia Garcia-Brower. “Human trafficking is modern day slavery, an we are committed to stopping it by partnering with agencies to eradicate this horrific crime.”

The case is being prosecuted by the DA’s Office, which is a member of the Contra Costa Human Trafficking Taskforce. The Taskforce is comprised of local, state and federal law enforcement and community-based victim service partners. The Task Force works collaboratively to identify and investigate all forms of trafficking in our community while providing victims with culturally competent services and support.

“Our agency remains relentlessly committed to dedicating resources to disrupt and dismantle organized crime associated with human trafficking, and will continue to work collaboratively with our Taskforce partners to make an even greater impact,” said Investigations Lieutenant Walter O’Grodnick with the Brentwood Police Department.

Any person who thinks they may be a victim of labor trafficking in Contra Costa County can make a report to the DA’s Office Human Trafficking Tip Line at 925-957-8658.

“HSI appreciates the opportunity to partner with the various agencies in the Contra Costa County Human Trafficking Task Force in order to provide victims with the resources they need and deserve and to hold the violators to account for actions akin to modern day slavery,” said Tatum King, Special Agent in Charge – HSI San Francisco.

Case information: People v. Nnamdi Onwuzulike and Ijeoma Chukwunyelu, Docket Number 04-199478-9

Allen Payton contributed to this report.

Contra Costa Supervisors seek applicants for two seats on Juvenile Justice Coordinating Council

By Leave a Comment

Contra Costa County District Attorney Diana Becton (center) with the Juvenile Justice Coordinating Council. Photo by CCC.

The Contra Costa County Board of Supervisors is seeking applicants who may be interested in serving on its 19-member Juvenile Justice Coordinating Council (JJCC).

The JJCC is a multi-agency advisory body charged with creating and maintaining the County’s comprehensive Juvenile Probation Consolidated Annual Plan and coordinating county-based juvenile delinquency prevention initiatives. The state-mandated Juvenile Probation Consolidated Annual Plan is designed to improve services for Contra Costa County’s juvenile justice population by assessing existing practices and resources, identifying system needs and gaps, and prioritizing and recommending solutions.

The Juvenile Justice Coordinating Council is composed of the following 19 members:

Nine (9) ex-officio voting members:
1. Chief Probation Officer, as Chair
2. District Attorney’s Office representative
3. Public Defender’s Office representative
4. Sheriff’s Office representative
5. Board of Supervisors’ representative
6. Employment and Human Services Department representative
7. Alcohol and Other Drugs Division representative
8. Behavioral Health Division representative
9. Public Health Division representative

Ten (10) additional voting members selected and appointed by the Board of Supervisors:
10. City Police Department representative
11. County Office of Education representative
12–15. Four (4) At-Large Members, residing or working within Contra Costa County;
16–17. Two (2) Community-Based Organization representatives;
18–19. Two (2) At-Large Youth, age 14 to 21 years old, residing or working in Contra Costa County

The Board is now seeking applications for two (2) of the seats identified above:

–Two (2) Community-Based Organization representatives

The Board is now seeking applications for two (2) of the seats identified above:

–Two (2) Community-Based Organization representatives

This recruitment effort is for mid-term appointments to JJCC seats #16 and #17. The Board of Supervisors is looking to appoint individuals to these seats to complete the remainder of their two-year term that is set to expire on June 30, 2021.

The JJCC is expected to meet on a regular basis, at intervals to be established by the JJCC. Members will serve without compensation, stipends, or reimbursement of expenses. The community-based organization representatives should reflect the geographic, ethnic, and racial diversity of the County and should include those providing restorative justice, faith-based, or mentoring services, to justice-involved, homeless, or foster-care involved youth.

Applicants will be interviewed by the Board of Supervisors’ Public Protection Committee: Supervisors Candace Andersen, District II, and Federal Glover, District V. The nominations for the Juvenile Justice Coordinating Council will then be forwarded to the full Board of Supervisors for action.

Below is a timeline of the recruitment process for the two vacancies:

  • September 18, 2020: Final Day of the Application Period, due by 5:00 p.m.
  • September 28, 2020: Public Protection Committee Meeting Interviews
  • October 6, 2020: Board of Supervisors’ Consideration of Nominees

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 335-1900 or by visiting the County’s webpage at http://www.contracosta.ca.gov/3418/. Completed applications should be emailed to ClerkoftheBoard@cob.cccounty.us. Applications can also be mailed to the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.

 

DA Becton supports closing Contra Costa Juvenile Hall, establishes Reimagine Youth Justice Task Force

By 1 Comment

Supervisors Gioia, Glover support her efforts

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County 

Contra Costa District Attorney Diana Becton. From CCC website.

On Tuesday, Contra Costa County District Attorney Diana Becton issued the following statement regarding the status of Contra Costa County’s Juvenile Hall and the Orin Allen Youth Rehabilitation Facility.

“These are historic times and we have an opportunity and a responsibility to re-imagine our justice system so that our youth have a greater chance to lead successful and enriching lives.

I am forming a Reimagine Youth Justice Task Force, which will include county departmental and community representatives, that will study and make recommendations on the most effective ways to invest in our justice involved youth through restorative, community-based solutions, with an initial focus on developing an effective process for closing Juvenile Hall.

Youth crime has been on a steady decline over the last twenty years, reinforcing the conclusion that moving away from youth incarceration is in the best interest of rehabilitation, public safety, and fiscal responsibility. Research has shown that youth can be better treated and rehabilitated in community contexts where they can retain ties to family, school, and their community. Programming and services which are based in the home or in the community are more successful at holding youth accountable and positively changing behavior than institutional settings.

Despite the steep decline in youth crime and consequent reduction in numbers of incarcerated youth, the money invested into the operation of youth prisons has not been reduced accordingly. Data shows that the average cost per incarcerated child in Contra Costa Juvenile Hall skyrocketing to over $473,000 per year.

The Reimagine Youth Justice Task Force will make explicit recommendations for financial investments in community-based services for youth instead of investing in youth prisons which have proven to result in worse outcomes for our children and families. Such an approach will allow for critical re-investments in basic needs such as housing, mental health services, and workforce development as well as support the creation of alternatives to incarcerating children in locked facilities.

In the meantime, we should pause and not take any actions to close the Orin Allen Youth Rehabilitation Facility until the Task Force has made its recommendations to the Contra Costa County Board of Supervisors.

This transition is urgent. The Task Force should finish its efforts by the end of this year and make evidence-based recommendations for the process to close Juvenile Hall to the Board of Supervisors in January 2021. The Task Force will present a proposed timeline and transition process for closing Juvenile Hall and will identify alternative investments for our public dollars into community-based services and programming for youth. Implementing these recommendations will create a safer community and help youth get on the right track in their lives.”

“I support District Attorney Becton’s efforts to reimagine youth justice in our County,” said District 1 Supervisor John Gioia. “We need to move away from institutionalization of young people and instead invest in community based restorative justice solutions which make us safer and are more fiscally responsible.”

“I applaud District Attorney Diana Becton’s effort to examine restorative justice alternatives to simply incarcerating our county’s youth,” District 5 Supervisor Federal Glover said. “The factors that lead young people to run afoul of the law are as varied as the youth themselves. In many cases a service-oriented approach will achieve much more in rehabilitating and helping them to become productive members of our community.”

 

Former basketball coach and school district employee sentenced for sexual abuse of child under 14

By Leave a Comment

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County 

Paul Fielder.

On Wednesday July 29, 2020, Paul Fielder, a 60-year-old resident of Suisun City, California pleaded guilty to charges he sexually abused a minor under the age of 14. As a result of his guilty plea, Fielder was sentenced to 15 years in state prison and lifetime sex offender registration. Fielder was taken into custody on July 11, 2019 and has remained in custody since his arrest. The case was prosecuted by Deputy District Attorney Bryan Tierney. (See related article)

The charges are a result of an investigation by the Walnut Creek Police Department, in conjunction with the Silicon Valley Internet Crimes Against Children Task Force and Homeland Security Investigations. On July 11, 2019, Fielder was arrested by Walnut Creek Police Detectives and Federal Agents when he arrived at a location to meet a minor to engage in sex. The investigation revealed Fielder had been sexually abusing a minor for several years. A search warrant was also served at his residence in Suisun City in Solano County.

Investigators learned Fielder had previously coached youth sports in Solano County and worked for at least one high school as a campus supervisor.

The investigation was conducted by a multi-agency Internet Crimes Against Children Task Force, which is managed by the San Jose Police Department. In Contra Costa County, detectives and investigators from the Walnut Creek, Pleasant Hill, Martinez, San Ramon, Concord and Moraga Police Departments, the Contra Costa County Sheriff’s Office, United States Secret Service, Homeland Security Investigations, the Contra Costa County Probation Department, and inspectors from the Contra Costa County District Attorney’s Office participate in the task force.

Parents are encouraged to discuss online safety with their children, and can visit the website www.kidsmartz.org or our website for further information.

Case information: People v. Paul Ruben Fielder, Docket Number 05-192507-2

Recently released prisoner arrested for kidnapping, pistol whipping woman at Motel 6 in Pittsburg

By Leave a Comment

The gun, multiple high-capacity magazines and ammunition found with the suspect on July 31, 2020. Photo by PPD.

Site of homeless program praised by Governor Newsom during June 30 press conference at the location

By Pittsburg Police Department

Motel 6 in Pittsburg. Photo by Motel 6.

On Thursday, July 30, 2020, Pittsburg officers responded to Motel 6 at 2101 Loveridge Road in Pittsburg, for  the report of a kidnapping during which the suspect, “pistol whipped” the female victim with a handgun causing a significant injury, threatened to kill her son, etc. The suspect was positively identified by the victim and Motel 6 cameras. The suspect in the Motel 6 incident was also found to have an active felony warrant for a similar pistol whip incident that occurred in the City of Oakland days prior. Furthermore, the suspect had just recently been released from prison and was on active parole for prior violent felonies convictions.

The motel was the site for a press conference by Governor Gavin Newsom about the state’s Project Roomkey and new Project Homekey programs on June 30. (See related article) UPDATE: However, according to Contra Costa Health Services spokesperson Kim McCarl, the program does not include the entire motel, and the victim and suspect involved in the incident, which occurred in the other building, were not part of it.

On Friday, July 31, Pittsburg officers were patrolling the area where the suspect was believed to frequent. Officers located the suspect exiting the same vehicle he was driving during the Motel 6 incident. The suspect fled from the vehicle on foot, a perimeter was established and a short time later he was apprehended without incident. The vehicle was searched, and the above pictured firearm was located inside along with multiple high-capacity magazines and ammunition. The suspect was transported to jail on multiple different charges. -P375

Allen Payton contributed to this report.

In spite of public opposition Supervisors approve COVID-19 violation ordinance, fines

By Leave a Comment

“You are not being inconvenienced that much.” – Supervisor Karen Mitchoff

  • Half-Cent Sales Tax Ballot Measure Plans Hung Up in Sacramento

  • Sheriff Continues Cooperation with ICE

By Daniel Borsuk

Over citizen objections, the Contra Costa County Board of Supervisors voted 5-0, Tuesday to approve fines for non-commercial and commercial public health violations in connection with the COVID-19 pandemic.

The new ordinance that goes into effect immediately requires citizens to wear face masks in the public and in commercial settings or one can be subject to a fine, or multiple fines.

Contra Costa County Health Services Director Anna Roth told supervisors the county needs an ordinance setting down fines because as of Tuesday the county’s COVID-19 caseload is still rising with 7,304 cases. In the county there have been 108 COVID-19 related deaths, she reported, of which 70 percent occurred in long term care facilities. County health officials have observed a sharp rise in COVID-19 cases since May. Roth pointed out the county is on the state’s COVID-19 Monitoring List.

Deputy County Health Director Randy Sawyer explained there is an “urgent need” for county supervisors to adopt an ordinance establishing fees so that county health enforcement officers can enforce public health orders especially during the current pandemic.  Citizens are not wearing masks and are not practicing social distancing, Sawyer said.

Sawyer said there are about 200 businesses that the county has ongoing public health complaint issues with the department.

Similar ordinances have recently been adopted in Marin and Napa counties, and the Contra Costa County ordinance requires persons to wear masks when engaged in noncommercial and commercial activities.  In Contra Costa, for the first noncommercial violation the fine is $100, $200 for the second violation and $500 for each additional violation within one year of the initial violation.

For commercial activity violations, the fine for the first violation is $250, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. “If a violation continues to more than one day, each day is a separate violation,” the ordinance states.

Public Opposition to Mask Ordinance & Fines

Speakers opposing the ordinance said requiring persons to wear masks violates their Constitutional rights. “I oppose this ordinance because it violates our liberties, “said Dave Sutton. “It restricts our liberties.”

Similarly, Deborah Thompson said, “I oppose the ordinance because it is an abridgement of our liberties.”

Comments like those sparked District One Supervisor John Gioia of Richmond to say, “I am shocked by the lack of literacy and scant knowledge that people have.”

The supervisor said some people don’t understand that this virus is causing a public health crisis where this county “may soon run out of ICU beds and two thirds of the people who have died in the county lived in congregant living facilities.”

“We are out to get these numbers down,” Supervisor Karen Mitchoff of Pleasant Hill said in reference to the rising number of COVID-19 cases in the county. “A health order will do that. You are not being inconvenienced that much.”

Mitchoff, who noted Contra Costa County’s fines are less than other Bay Area county fines, said  the new ordinance will mean persons will now be required to wear a mask when they out of their house, even when they go to the fast-food drive thru. “If you don’t want to wear a mask then get used to wearing a ventilator,” the supervisor warned.

Richmond resident Edith Alderman supported the ordinance commenting,” I’m 100 percent in favor of the ordinance.  This can help get a handle on this disease.”

Speaking on behalf of the board, Chair Candace Andersen of Danville said “Many people are following the Health Order, but we need to increase our efforts together to slow the spread of COVID-19 in our community. To further our progress, to protect lives and reopen more local businesses and activities, we need a tool to send a fair message that everyone has to adhere to health orders to prevent the spread of the virus.”

“With a 14 percent unemployment rate, this is not the time for a sales tax hike”

– Board Chair Candace Andersen

Half-Cent Sales Tax Ballot Measure Plans Hung Up in Sacramento

With the legislative clock ticking in Sacramento, the supervisors plan to meet at a special teleconferenced meeting next Tuesday in order to get a status report to waive the second reading on the supervisors’ resolution calling for a Nov. 3 half cent sales tax ballot proposal.

The special meeting was called because state legislators have not convened to act on proposed legislation, especially Contra Costa County State Senator Steve Glazer’s Senate Bill 1349, a transactions and use tax law, that the supervisors need the state Legislature to pass and Governor Gavin Newsom to sign by August 18 or the supervisors’ half cent sales proposal will not appear on the November ballot.

Deputy County Administrator Tim Ewell explained without passage of SB 1349, the county will  lose $800,000 to $1 million in state revenue to cover printing costs tied to the ballot measure, but the clock is ticking and the supervisors need to have SB 1349 passed in the legislature and signed by the governor by August 18.

“I want those funds,” said supervisor Mitchoff, “but it will only move forward if the legislature acts.”

Supervisors voted 4-1, with Chair Candace Andersen of Danville casting the lone opposing vote, to move forward to meet next Tuesday.

“I will not support it” said Andersen, who also opposed the tax increase proposal at the board’s July 14 meeting.  “With a 14 percent unemployment rate, this is not the time for a sales tax hike with such high unemployment rate.”

One of the few speakers opposing the proposal Tom Townsend of El Cerrito, said, “I am taxed to the limit and I oppose the half cent sales tax.”

“I am unsure if this ballot measure will pass,” warned District 3 Supervisor Mitchoff, but she voted in favor of it anyway.

Tax proponent Supervisor Gioia said a county resident would typically pay $60 to $80 a year should the tax measure pass in November.

The proposed language for the county tax measure reads:

“To keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services, shall the Contra Costa County measure levying a ½ cent sales tax, exempting food sales, providing an estimated $81,000,000 annually for 20 years that the state cannot take, requiring fiscal accountability, with funds benefitting county residents, be adopted?”

Sheriff Continues Cooperation With ICE

Sheriff David Livingston ran into criticism from the public about how the Sheriff’s Office works with the United States Immigration and Customs Enforcement (ICE) but is not expected to change his policies.

“The Sheriff continues to respond to ICE notification requests,” said Melanie Kim, a staff attorney for Advance Justice – Asian Law Caucus. “These practices are especially cruel given that COVID-19 is running rampant inside ICE facilities.  People in ICE custody are vulnerable to grave illness or death.”

The sheriff told supervisors that because of the COVID-19 hygiene practices that his officers and the inmates use at the West Contra Costa facility in Richmond and Martinez jail, there have been no reported COVID-19 cases.

The sheriff reported that in the past year his office detained for ICE enforcement purposes, 72 were Hispanic prisoners, 18 were Asian prisoners, one was a Black prisoner, three were white prisoners, and two “other” prisoners.

Sheriff Livingston said of the 95 prisoners reported to ICE, 71 were charged for miscellaneous felonies, four for penal or murder, five for robbery, two for car jackings, and for 11 for assaults with deadly weapons.

While there were a number of critics of the Sheriff’s Office asking that the Board of Supervisors to reduce funding for the upcoming 2020-2021 fiscal year, Karen Clarkson was one of few backers of Sheriff Livingston’s department requesting that funding remain unchanged. “I support the Sheriff,” she said. “It is an unsafe practice to defund the Sheriff.”

“This county should be safe for everyone, whether they are documented or undocumented,” said Anisha Walker, who requested that supervisors cut funds to the Sheriff’s Office.

“I have no sympathy for those who break the law and are violent criminals, “said Supervisor Mitchoff. “I support the sheriff. And I support social justice and equality at a time we are in a COVID -19 pandemic.”

Contra Costa Supervisors approve fines of up to $500 and $1,000 for health order violations

By 1 Comment

Non-commercial activities: $100, $200 and $500 fines

Commercial activities: $250, $500 and $1,000 fines.

If a violation continues for more than one day, each day is a separate violation. 

By Susan Shiu, Director, Office of Communications and Media, Contra Costa County

(Martinez, CA) – On July 28, 2020, the Contra Costa County Board of Supervisors used its emergency powers under state law to pass Urgency Ordinance No. 2020-21 that establishes administrative fines for violations of public health orders pertaining to the COVID-19 pandemic.

The Board unanimously determined the ordinance, effective immediately, is necessary to provide an alternative to criminal enforcement of public health orders that will augment the ability of the County and other local agencies to ensure compliance with public health orders and combat the spread of COVID-19.

“Many people are following the Health Orders, but we need to increase our efforts together to slow the spread of COVID-19 in our community,” said Board Chair, Supervisor Candace Andersen. “To further our progress to protect lives and reopen more local businesses and activities, we need a tool to send a fair message that everyone has to adhere to health orders to prevent the spread of the virus.”

For health order violations involving non-commercial activities, the amount of the fine is $100 for a first violation, $200 for a second violation, and $500 for each additional violation within one year of the initial violation. For violations involving commercial activity, the amount of the fine is $250 for a first violation, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. If a violation continues for more than one day, each day is a separate violation.

Throughout this pandemic, Contra Costa leaders and law enforcement have encouraged “educational enforcement” before issuing penalties. Before issuing a Notice of Fine, an enforcement officer can first issue a Notice of Violation, which gives a person or business up to two days to correct a violation. In cases where the enforcement officer determines that issuing a Notice of Violation is unnecessary or ineffective, the enforcement officer can immediately issue a Notice of Fine.

Because Public Health Officer orders apply countywide, this ordinance also applies countywide under Government Code section 8634. The ordinance may be enforced in cities and special districts by officials designated by those agencies to enforce the ordinance.

For more information, read Ordinance No. 2020-21 (PDF) available on the County website.

Point Richmond contractor pleads guilty to 6 felonies in Workers’ Comp, payroll tax fraud case

By 2 Comments

Owner of Viking Pavers, Inc. must pay over $2.2 million

By Scott Alonso, Public Information Officer, Office of the District Attorney, Contra Costa County

Martinez, Calif. – Yesterday, Maurosan Milhomem pleaded no contest to six felonies related to his complex fraud schemes of insurance premium fraud and payroll tax fraud. He also admitted a white collar crime enhancement that he caused the loss of more than $500,000. Milhomem is the owner of Viking Pavers, Inc., a construction company based out of Point Richmond, California. The successful resolution to this criminal case was a result of a joint investigation by the Fraud Division of the California Department of Insurance, Criminal Investigation Division of the Employment Development Department, and the DA’s Office.

“This investigation demonstrated a strong working relationship with our partners that resulted in a successful prosecution in this case. We need to ensure employers follow state law and protect their employees. The defendant explicitly ran fraudulent schemes to avoid paying taxes and ultimately jeopardizing the health and safety of his workers,” stated Contra Costa County District Attorney Diana Becton.

The Contractors’ State Licensing Board and Department of Industrial Relations previously issued Viking Pavers, Inc. civil citations in 2017. Investigators from the Board and Marin County District Attorney’s Office discovered a subcontractor work crew operating for the company without a license and without worker compensation insurance under the name FF Services during a random job site inspection. The Business and Professions Code does not permit construction companies to subcontract construction work unless the crews have their own license. This is because licensed subcontractors are required to have their own bond and workers compensation insurance to protect homeowners and employees.

The District Attorney’s Office learned of the fraud after employees of Viking Pavers were involved in a vehicle accident. The employees were never reported during premium audits as employees or subcontractors. These audits help confirm if an employer is following the law and ensure the appropriate classifications for their employees and subcontractors.

The investigation by the Contra Costa County District Attorney’s Office revealed that Viking Pavers continued to use FF Services as an unlicensed subcontractor after the civil citations and throughout 2018. The company re-routed the payments off the books to avoid detection during required audits. Forensic accountants traced payments to FF Services and other unlicensed and uninsured work crews, initially through a check cashing service in Richmond, California, and then through the bank accounts of a newly created a shell company. A subsequent search warrant at the business resulted in the seizure of over $80,000 in cash.

Milhomem’s guilty plea was accepted by the Honorable Laurel Brady in Department 31. The defendant will serve 364 days in county jail and is eligible to serve the sentence through electronic home detention. In addition, the defendant will serve five years of formal probation. He is ordered to pay $1,109,603 to Markel Corporation for the underpayment of workers’ compensation insurance premium, $808,455.34 to the Employment Development Department for the underpayment of tax liability and $312,000 to Berkshire Hathaway for the underpayment of workers’ compensation insurance premium. The Court ordered the seized cash forfeited as criminal restitution pursuant to the plea agreement.

Insurance premium fraud by employers is unfair to workers, who may see questions about their employment status result in delayed or even denied coverage after an injury. Such fraud is also unfair to law-abiding competitors who cannot compete as they pay the legally required costs to provide coverage for their own workers. A forensic audit estimated that Viking Pavers evaded over $2 million dollars of insurance premiums and taxes that a law-abiding competitor would have had to pay over the same seven-year period.

The District Attorney’s Office reminds employers, particularly in the construction industry, that lying to an insurance carrier, either on the application for a policy or during payroll reporting and audit is insurance fraud punishable by up to five years state prison and an additional fine of up double the amount of the fraud.

The case was prosecuted by Deputy District Attorneys Jeremy Seymour and Michael Panikowski. Anyone with information about possible insurance fraud can report it to the District Attorney’s Office via email at DA-ReportFraud@contracostada.org.

Case information: People v. Maurosan Milhomem Docket Number 01-193357-1

Bay Point man charged and detained for distributing child pornography

By Leave a Comment

Images and videos of victims as young as 4 years old

OAKLAND – Sergio Luiz Cruz Esparza was charged with distribution of child pornography in a criminal complaint, announced United States Attorney David L. Anderson and Homeland Security Investigations Special Agent in Charge Tatum King. Cruz Esparza appeared in federal court yesterday, Tuesday, July 21, 2020 in San Francisco for a detention hearing in the matter before the Honorable U.S. Magistrate Judge Sallie Kim, who detained Cruz Esparza pending trial.

According to an affidavit filed in connection with the complaint, Cruz Esparza, 22, of Bay Point, is alleged to have distributed images of child pornography using social media mobile applications.  The affidavit alleges that at least one of the images depicted a minor female committing a sexual act on Cruz Esparza.  The affidavit also describes that Cruz Esparza transmitted links to an online cloud storage site to other individuals, one of whom was a law enforcement agent acting in an undercover capacity.  Those links led to videos depicting sexually explicit conduct by adult males inflicted on minor females as young as 4 years old.

Cruz Esparza is currently detained, and his next scheduled appearance is at 10:30 a.m on July 29, 2020, for a status conference and preliminary hearing before Magistrate Judge Kim.

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Cruz Esparza faces maximum penalties of 20 years imprisonment with a minimum imprisonment term of 5 years, a life term of supervised release with a minimum supervised release term of 5 years, and a maximum fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Jessica Gonzalez Rodriguez and Kathleen Turner.  The prosecution is the result of an investigation by the Department of Homeland Security, Homeland Security Investigations, and the Silicon Valley Internet Crimes Against Children Task Force.

DA charges Martinez man with two felonies after pointing gun at bystander near Black lives matter mural

By Leave a Comment

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

The BLACKLIVESMATTER mural on Court Street in Martinez. From @mtz.for.black.lives on Instagram.

The Contra Costa County District Attorney’s Office charged Joseph Osuna (30-year-old Martinez resident) with three criminal counts, including two felonies, for his alleged action of the unlawful possession of a firearm by a prohibited person on Sunday, July 5. Osuna drove by the Black lives matter street mural in downtown Martinez and yelled at various individuals standing by the mural.

One of the bystanders exchanged words with Osuna. Moments later, Osuna made a u-turn to come back to the bystander. Osuna exited his vehicle and pulled out a loaded revolver and pointed the firearm at the bystander. Fortunately, police officers from the Martinez Police Department were nearby and were able to respond to the scene.

Osuna’s 2015 Jeep Wrangler was quickly spotted, and he was pulled over by the police. When Osuna was stopped, the police recovered the revolver in his vehicle. The firearm was not registered to Osuna.

He faces up to three years in custody if found guilty of his actions.

The alleged offenses again Osuna are as follows:

  • Unlawful Firearm Activity, Felony PC 29805
  • Possessing Firearm Not Registered to Owner, Felony PC 25850 (a)/(c) 6
  • Exhibiting a Concealed Weapon in Public, Misdemeanor PC 417 (a)(2)(A)

Case information: People v. Joseph Daniel Osuna Docket Number 01-194090-7