Contra Costa Herald

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

Pittsburg man sentenced to over 21 years for felony insurance fraud, other crimes

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Faced but was acquitted of charges in murder-for-hire plot against nine jurors while in jail

Charles Waldo. Photo from Contra Costa District Attorney

Martinez, CA – The Contra Costa County District Attorney’s Office announced on Wednesday that after an extensive four-year investigation, a long jury trial and a conviction by a jury of 37 separate counts relating to 19 separate incidents that occurred over a seven-year time span, Charles Waldo was finally sentenced on June 27, 2017 for his crimes. Waldo was the owner of a recycling business.

After being convicted of multiple felony counts of insurance fraud, embezzlement, grand theft, vandalism, perjury, elder abuse, illegal gun possession and arson, among other things, Judge Barry Baskin sentenced Waldo to 40 months in county jail followed by 21 years and 8 months in state prison, one of the longest sentences obtained for insurance fraud in the history of Contra Costa County.  Mr. Waldo must register as a California convicted arson offender pursuant to Penal Code 457.1.  He has also been ordered not to contact one of his victims and to pay $22,500 in fines.

According to a 2014 report by NBC Bay Area News, “the District Attorney’s investigation into Waldo began in the spring of 2012 when its office received information about a vehicle arson and a suspected fraudulent car insurance claim, Deputy District Attorney William Murphy said. The investigation revealed multiple fraudulent insurance claims of arson and vandalism on five cars over a five-year period beginning in July 2007 with losses from the vehicles exceeding $100,000, Peterson said. Further investigation revealed Waldo was suspected of embezzling over $100,000 from a former employer and stealing a $38,000 generator from his former employer’s business.

As the manager, Waldo reportedly ‘forced out’ other employees so he could hire his associates, and then directed the new employees to commit other crimes, including stealing recyclable metals and an electrical transformer, prosecutors said. At one point, Waldo was traveling with employees from the business when a police officer attempted to pull him over for speeding. Waldo escaped after traveling at speeds of over 100 miles per hour, Murphy said.

He also allegedly ordered the workers to help build a 2,000-square-foot addition to his Pittsburg home while they were supposed to be working for Waldo’s employer.”

Waldo was also accused by the “Investigators from the California Department of Insurance…that he committed worker’s compensation insurance fraud, along with tax code violations.”

“After his employer fired him, Waldo allegedly drove to his employer’s business, and to the homes of several employees, and punctured the tires of their cars. He also continued to claim unemployment benefits for a year even though he had found other employment.”

According to a CBS new story in 2014, Waldo was also “charged with plotting to kill nine witnesses set to testify against him.

Prosecutors say investigators found a hit list that included the witnesses’ names, in what order they were to be killed, and suggestions to kill them in car crashes, with drug overdoses and in robberies ‘gone bad.’”

However, he was later acquitted of those charges.

Multiple agencies assisted the Contra Costa District Attorney’s Office with this investigation including: the CA Department of Insurance, the CA Highway Patrol, Contra Costa County Fire Protection District, the National Insurance Crime Bureau, Geico Insurance Company, Progressive Insurance Company, and Hertz Equipment Rental. Allen Payton contributed to this report.

County organizations ask Supervisors for transparent process in Interim DA appointment

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Following is an open letter to the Board of Supervisors from the organizations in Contra Costa County, listed below:

Dear Chairman Glover, and Supervisors Andersen, Burgis, Gioia, and Mitchoff,

We the undersigned would first like to commend the Contra Costa County Board of Supervisors for holding the special June 23rd meeting to discuss the appointment process for our next district attorney and for posting the process and timeline on the county website. While we believe your intent is to engage in a transparent, community-first process to appoint the interim DA of our county, we have serious concerns about the current process as laid out.

In our June 22, 2017 letter to the Board, we expressed an interest in a transparent, community-first and community driven process to appoint the next DA. To us, this means the community is included in ALL decision-making points and is able to weigh in on substantive policy questions posed to each applicant. As currently outlined, we believe the process you have laid out excludes community input and fails to deliver on the promise of transparency.

Specifically, page 2 of the June 23rd press release[1] issued by the County Administrator’s Office states, “With applications due July 21, the Board of Supervisors will select finalists in early August. The Board of Supervisors will host a moderated candidate forum at 6:00 p.m. on Tuesday, August 15, 2017.” This indicates that while the community will be allowed to ask questions of finalists selected by the Board, the community will have no involvement in the selection of finalists from the initial pool of applicants. We believe that narrowing the pool to 3-5 candidates is a critical first step and involvement from the community in this step, and all other steps until appointment, is essential to rebuilding trust.

To remedy this, we urge the Board of Supervisors to revisit the interim DA appointment process before July 21 by placing it on a July meeting agenda and consider some options, including:

  • Create a community selection committee comprised of community leaders, reflective and representing the geographic and demographic diversity of the county, as well as representatives from the following constituencies and/or organizations: criminal justice reform, immigrant rights, formerly incarcerated individuals, victims’ rights, the Public Defender Union, the District Attorney Union, labor, consumer rights and law enforcement. This committee will be responsible for formulating questions for applicants to answer as part of the application process. This committee will also work with the Board in early August to select the finalists and the final rationale for why applicants were, or were not, selected as finalists.
  • Host at least two community forums with applicants, one which will include all applicants and a second which will include the finalists.
  • Disclose the following information in a timely manner: any past or present endorsement, campaign contribution, private meeting, and/or personal dealing between any member of the Board of Supervisors and any applicant for interim DA.
  • Require all applicants for interim DA to disclose if they share the same political consultant and/or fundraiser with any members of the Board of Supervisors.

We the undersigned and the residents of Contra Costa County demand integrity from our Board of Supervisors in this process. We will not stand for corruption, closed door meetings or the doling out of favors. It is important to remember that the DA is an elected official and is ultimately accountable to us, the voters. We are fully aware that whomever the Board appoints to be our interim DA will have the advantage of incumbency come the June 2018 election. It is for this reason that the Board must include the community in all phases of the process and why we continue to advocate for a fully transparent and community-first process.

If the Board refuses to modify the process and address the concerns outlined in this letter, the public will not let the Board move forward without significant resistance.

Thank you again for your consideration of our requests and we look forward to re-establishing trust between the community and government by way of a modified process. If you have any questions for our coalition, please contact Sharlee Battle from Safe Return Project at SharleeBattle@gmail.com.

Thank you,

County Supervisors begin recruitment for interim District Attorney

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Board seeks input; goal to fill position in September

The Contra Costa County Board of Supervisors met Friday, June 23, 2017, to determine the process for filling the vacant office of the District Attorney.  When a vacancy occurs in an elective county office, the Board of Supervisors has the responsibility to appoint a successor to serve for the duration of the unexpired term.   The June 14, 2017 resignation of Mark Peterson from the position of District Attorney created a vacancy that would extend until the current term of office expires on January 7, 2019.  The next election for the District Attorney will take place in June of 2018, with a potential runoff election in November of 2018.

The Office of District Attorney is provided in the State Constitution.  The District Attorney represents the people of the County in prosecuting all public offenses in the Superior Courts, including all felonies, misdemeanors, juvenile criminal offenses, and certain civil offenses, including high-tech crimes, environmental crimes, and many instances of fraud.

Although the Board of Supervisors has discretion in how to fill the position, there are some minimum requirements for the job.   To qualify, a candidate must be at least 18 years old, a California citizen, a registered voter in Contra Costa County at the time of appointment, and admitted to practice law in the California Supreme Court.   The Board of Supervisors is seeking candidates with experience in criminal law, familiarity with criminal justice issues in California, and the ability to effectively manage a County department with an annual budget of $19.5 million and more than 200 employees.

All applicants must apply online at www.cccounty.us/hr and submit the information as indicated on the job announcement no later than 5:00 p.m. on Friday, July 21, 2017.  NOTE that a background investigation/fingerprint exam will be conducted on all finalists, and a permanent job offer is additionally contingent upon the successful completion of a thorough background investigation, which will include a criminal records investigation and an economic disclosure (FPPC Form 700).

The legislature does not specify a deadline for making an appointment like this, but according to the California Attorney General, the appointment should be made within a “reasonable time.”   With applications due July 21, the Board of Supervisors will select finalists in early August.  The Board of Supervisors will host a moderated candidate forum at 6:00 p.m. on Tuesday, August 15, 2017.  Members of the public will be invited to submit questions for consideration that may be asked of the finalist candidates.   The Board will interview those candidates during a public meeting on Tuesday, September 12, with the goal of making a selection in September as well.

The June 23 meeting of the Board of Supervisors is available online in the video library found on the County’s homepage at www.ContraCosta.CA.gov.   It will also be replayed in its entirety on Sunday, June 25, at 6:00 p.m., Monday, June 26, at 5:00 p.m., and Thursday, June 29, at 6:00 p.m. on Contra Costa Television (CCTV.) CCTV can be viewed on Comcast Channel 27, Wave Channel 32, and AT&T U-Verse on Channel 99.

 

Groups recommend process for appointing Interim Contra Costa District Attorney

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Following is a letter from six groups in the county to the members of the Board of Supervisors:

Dear Chairman Glover and Supervisors Andersen, Burgis, Gioia and Mitchoff,

Our community was shocked and angered last week to hear that former District Attorney Mark Peterson pled guilty to felony charges related to the illegal use of campaign funds, leading to his resignation. This unethical and dangerous abuse of power by the elected District Attorney is deeply concerning to us and we write today in the spirit of working to rebuild trust between local government in Contra Costa, including law enforcement and the District Attorney’s office, and the community they are meant to serve.

We believe a critical first step to rebuilding trust is for the Contra Costa Board of Supervisors to engage in a fully transparent and community-centered process for appointing an interim District Attorney.

On behalf of Contra Costa County voters, we urge our Board to commit to a transparent, community-first process in making its selection of an interim District Attorney. In addition, we believe it is important for the Board to only consider applicants who have not filed to run in the June 2018 primary.

The District Attorney is one of the most powerful elected officials in county government and is the most powerful actor in our criminal justice system. The decisions made by the District Attorney impact every county resident, not just those who are directly involved in the criminal justice system. From determining when and what charges to file in individual cases; to making policy decisions that affect local communities as well as county and state budgets; to holding law enforcement accountable for unfair policies and practices, the Contra Costa District Attorney holds significant power and responsibility for the protection of our civil rights and freedoms.

For these reasons and more, it is critically important that our Board protect and uphold the right of the people of Contra Costa County to an inclusive and transparent process for appointment of an interim District Attorney.

In a transparent, community-first process, the Board of Supervisors should consider the following:

  1. Publicly post a proposed process and timeline for appointment of an interim District Attorney;
  2. Allow for public comment on the proposed process for appointment, consider comments, and post final process;
  3. Only consider applications for interim appointment from individuals who are not currently running for District Attorney of Contra Costa County in 2018;
  4. Solicit applications from lawyers in the community to apply for interim appointment and make submitted applications available for review by the public;
  5. Hold public hearings at times convenient to working people with commute schedules, to receive input about nominees and other recommendations; and
  6. Hold a final public hearing to vote for the interim District Attorney.

Due to the recent resignation and guilty plea by former District Attorney Mark Peterson, the people of Contra Costa County deserve transparency and fairness in the appointment of the interim District Attorney. It is incumbent upon the Board to begin to remedy the breakdown of trust between the community and government by taking the lead to ensure a fair and community-first process. We welcome the opportunity to support the efforts of our Board of Supervisors to achieve these very important goals.

Thank you,

Contra Costa DA announces three sentenced to prison for $6.0 million in wage theft, tax fraud and insurance fraud

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Owned restaurants including one in Brentwood

On Friday, June 16, 2017, the Honorable Charles “Ben” Burch sentenced defendants Yu Chen, Feng Gu, and Rongdi Zheng to three years and four months of state prison each and imposed a $6.1-million-dollar restitution order, including restitution for approximately $4.5 million in unpaid minimum wage and overtime, as well as approximately $1.5 million in unpaid taxes.

The investigation began in 2013 when investigators from the Contra Costa District Attorney’s Office, California Employment Development Department (“EDD”) and the California Department of Insurance (“CDI”) conducted surveillance of several restaurants in three counties.

On January 10, 2014, investigators from all three agencies, assisted by representatives from the Department of Industrial Relations (“DIR”), Bureau of Field Enforcement, and law enforcement officers from Alameda, Contra Costa, and Placer Counties served simultaneous search warrants on nine locations, including four restaurants and several private residences.  The restaurants were the Golden Dragon Buffet in Brentwood, the Golden Wok Buffet in Roseville, the Kokyo Sushi Buffet in Hayward, and the New Dragon Buffet in San Leandro.

Investigators interviewed the employees and seized business records.  Many employees reported being recruited from outside the Bay Area.  Once they arrived, the employer kept them in crowded housing and bussed them to work six days each week for twelve hour shifts per day.  Auditors determined that the four restaurants underpaid minimum wage and filed tax returns that underreported payroll tax and sales tax.

In December of 2016, the Contra Costa County Grand Jury returned an indictment of several defendants related to the investigation.  That same month, investigators from the Contra Costa District Attorney’s Office arrested Yu Chen, Rongdi Zheng, Feng Gu, Shao Rong Zhang, and Zhou Xian Chen related to the indictment.

On May 23, 2017, Defendant Shao Rong Zhang pled no contest to a misdemeanor charge of enforcing a policy on behalf of her employer that employees not report minimum wage violations, in violation of Labor Code section 1102.5.  Pursuant to the negotiated disposition, Judge Burch sentenced Ms. Zhang to one hundred and twenty days in jail and probation.

Also on May 23, 2017, Defendants Yu Chen, Rongdi Zheng, and Feng Gu pled guilty to charges of conspiracy to violate the minimum wage law, payroll tax fraud, sales tax fraud, and insurance premium fraud pursuant to a negotiated disposition that provided for the judge to choose the term of imprisonment in a specified range at the sentencing hearing.  Each of these three defendants were alleged to be joint owners of either the Brentwood or Roseville restaurants during some timeframe of the charged conspiracy.

On May 24, 2017, charges were dismissed against defendant Zhou Xian Chen.

On June 16, 2017, in Martinez, Judge Burch heard argument and then announced sentence.

Attorney Tomas Margain who represents two of the workers submitted a letter to the Court for sentencing calling the “the most egregious case of wage theft I have seen” in nineteen years of handling these types of cases.  He continued, “I was to commend the District Attorney’s Office and the law enforcement officials who worked on this case.”

Several workers from the restaurants spoke at the sentencing hearing and submitted written statements to the Court.  Worker M.T. wrote, “We were always getting yelled at and nothing we did was ever good enough for them.  They lived to instill the fear in us and they succeeded because we did not know any better and we did not know who to turn to.  This experience has damaged me emotionally.  I will never forget it.  I truly do not wish this upon anyone.  I would have family and friends ask me how my ‘experience’ in the U.S. was and I could not bring myself to tell them because I was so ashamed.  I lived in shame for the situation that I was in but, I know that I have to move forward and not look back anymore.”

Worker E.F. also submitted a letter, “I will never be the same.  At my current job there are moments where I must get a look on my face because my coworkers ask me if I am ok, If I need to go home, . . . I tell them all that I have lived through and that there is fear that this might happen to me all over again.  I want justice to be served so that this won’t happen to anyone else.  This shouldn’t happen to anyone else.”

Judge Burch cited the impact that these crimes had on real people in sentencing all three defendants to three years and four months in prison.

Deputy District Attorney Jeremy L. Seymour prosecuted the case.  The prosecution is a result of a multi-agency investigation effort led by the Contra Costa District Attorney’s Office that included case agents and representatives from four different state agencies including DIR, CDI, EDD, and the Board of Equalization.

Santa Clara County Deputy DA to challenge embattled Peterson for Contra Costa District Attorney

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Patrick Vanier

On Thursday, May 4th, Patrick Vanier, Supervising Deputy District Attorney for the Santa Clara County District Attorney’s Office Narcotics Prosecution Team, announced his campaign for Contra Costa County District Attorney. He was was joined by supporters at the Amador Rancho Community Center in San Ramon and will take on embattled incumbent D.A. Mark Peterson.

Vanier has been a prosecutor for almost 20 years and has prosecuted hundreds of criminals; both in the Contra Costa District Attorney’s Office and now in the Santa Clara County District Attorney’s Office.

“Today, prosecutors are not just trial attorneys,” said Vanier.  “They are investigators, problem solvers, innovators, and community partners in combating crime.  I have proven to be a prosecutor with fresh ideas and a willingness to institute best practices to bring the criminal justice system into the 21st Century.” 

Earlier this year, Vanier was awarded the 2017 San Jose Police Department’s Excellence in Prosecution Award and in 2015 he was named California Narcotics Officers’ Association State Prosecutor of the Year.  Vanier is an experienced prosecutor whose area of expertise is wiretap investigations, especially in major narcotic and gang crime investigations. 

Peterson has been under fire, including pressure to resign from both Contra Costa Deputy District Attorneys and more recently the Contra Costa Grand Jury, following his $45,000 fine, last year for the illegal, personal use of campaign funds totaling over $66,000 between 2011 and 2015.

“I am running for District Attorney because I believe we should expect more and deserve better from our elected District Attorney,” said Vanier.  “My priorities are to enforce and prosecute laws fairly to ensure offenders who threaten public safety are locked up, utilize the latest technologies, data analytics, and community prosecution models to address rising crime rates through crime prevention and enforcement, and hold myself and the attorney’s in the office to the highest ethical standards.”

According to Vanier’s bio on his campaign website at http://patrickvanier.ngpvanhost.com, “Patrick has spent more than half of his career working with law enforcement agencies investigating and prosecuting major narcotics cases with a particular emphasis on Mexican National drug cartels operating within California.  Patrick’s area of expertise is in the area of wiretap investigations.  He has utilized his expertise by collaborating with federal, state and local law enforcement on more than 100 wiretap applications targeting major drug traffickers, street gangs and murders.

Patrick has trained law enforcement and attorneys for the California District Attorneys’ Association, California Narcotics Officers’ Association, Northern California High Intensity Drug Trafficking Area (HIDTA) and various law enforcement agencies within Santa Clara County. Patrick has taught on the subjects of wiretap investigations, legal updates in search and seizure law, California Electronic Communications Privacy Act and most recently Proposition 64 (Adult Use of Marijuana Act).

Working a variety of jobs during the day, Patrick completed law school at night and was awarded his Juris Doctorate in 1998 by John F. Kennedy University School of Law.  He received a B.S. in Business and Accounting from San Francisco State University in 1995 and a B.A. in Political Science from University of California, Irvine in 1991.

Patrick and his wife, Anaite, live in San Ramon with their three daughters where he has coached soccer for more than a decade.”

The election is in June, 2018.

D.A. Peterson announces conviction of suspects in 2016 Richmond hate crime

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On the night of September 25, 2016 Mr. Khalsa was alone in his car, dressed in traditional Sikh clothes on his way to a religious ceremony when occupants of a pickup truck began to throw beer cans at his vehicle while stopped at a red light on Hilltop Road in Richmond CA.

At a subsequent intersection two assailants exited the truck and proceed to repeatedly punch Mr. Khalsa in the face through his driver’s side window.  Mr. Khalsa’s turban was displaced during the attack and the assailants proceeded to force Mr. Khalsa’s head down and cut his unshorn hair- a sacred article of his religious faith.

Mr. Khalsa sustained a swollen black eye, numerous damaged teeth, and several knife wounds to his left hand.  A penetrating knife wound caused nerve damage and required stitches.  Due to an infection from the knife wound, Mr. Khalsa’s pinky finger was amputated.

On Thursday May 18, 2017 Defendants Chase Little and Colton Leblanc, residents of Texas entered pleas of no contest to felony assault and a hate crime enhancement for the attack upon Richmond, CA resident Maan Singh Khalsa, an observer of the Sikh faith.  The two were sentenced to three years in state prison.

“The recognition of the attack as a hate crime – as harm to my dignity and my entire community – is the first step in the process,” said Mr. Khalsa, who recognized his attackers during his statement at the sentencing hearing of the defendants.  He stated: “I still consider you my brothers, and I hope that you will learn about me and my community, and one day consider me your brother, too.”

“This case began with an atrocious event and very few details as to the identity of the perpetrators,” Deputy District Attorney Simon O’Connell stated.  “The successful prosecution of this hate crime came about due to the collaborative investigative work of the Richmond Police Department with the District Attorney’s Office.”

Contra Costa County District Attorney Mark Peterson declared, “Any attack on a person based upon his perceived religion and identity will be vigorously prosecuted.”

 

Former Roddy Ranch Golf Course manager, solar company owner wanted fugitives for fraud charges

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Both are expected to turn themselves in, today

Wanted poster from www.northerncaliforniamostwanted.org.

By Allen Payton

The former general manager and PGA golf pro at the now closed Roddy Ranch Golf Club in Antioch, Kevin Fitzgerald, is a wanted fugitive according to the Contra Costa District Attorney’s office. According to the website www.northerncaliforniamostwanted.org, the 46-year-old is “Wanted by the Contra Costa County District Attorney” and that he “conspired to commit loan fraud, file a false police report, commit insurance fraud, divert construction funds and defraud an elder.”

Also wanted for the same charges is Mark Ellis Mattson.

Mark Mattson

The same website states, “Mark Mattson a solar contractor while working at the former Roddy Ranch Golf Course LLC conspired to commit loan fraud, commit insurance fraud, divert construction funds and defraud an elder. Mark Mattson lives in San Diego and may work at San Diego State University as an instructor.”

The “elder” referred to in the charges is Jack Roddy, the owner of the golf course.

When reached for comment, Roddy stated, “Kevin and the other guy are supposed to be turning themselves in, today.”

That other guy is “Mark Mattson, the owner of a solar company,” Roddy said, “He’s under a $750,000 bail, who colluded with Kevin on this. They both have multiple felonies they’re wanted for.”

“They were supposed to turn themselves in, last week, but didn’t do it,” he continued. “They hurt a lot of people. Hurt Donna (Jack’s wife) and me, bad. Hurt a lot of golfers. Just did a lot of damage. But they’re going to pay the price.”

Asked about Roddy’s plans for the 235-acre golf course land, after he shut down the operations last summer, he responded with a laugh, “There are a lot of cattle getting fat up there. It wasn’t working, so we shut it done. We decided to put it back to the way it was.”

Asked if he had anything else to say, Roddy said “I’m going to let the law do my talking. I’ll let the cops and the legal system do their work.”

In 2014, Fitzgerald’s company, Roddy Ranch Golf Management leased the golf course from Roddy’s company Roddy Ranch, LLC. In July, Roddy took back control of the course and brought in Touchstone Golf to operate the course. They discovered the course was financially unable to continue operations.

An email message to golf club members on August 6, 2016 stated, “we have discovered that the golf course is not financially viable as a going concern. This is due to outstanding debts of the previous operator and the high cost of irrigation water for the golf course.” The course was closed on August 11th. (See related article)

Fitzgerald and his family rented a house on Roddy’s personal property, and was a driver of one of the race cars owned by Roddy Ranch Racing, LLC, which competed at the Antioch Speedway inside the Contra Costa County Fairgrounds.

2:13 PM UPDATE – FELONY WARRANTS ISSUED FOR THE ARRESTS OF KEVIN FITZGERALD AND MARK MATTSON (RODDY RANCH FRAUD)

Earlier today, Contra Costa County District Attorney Mark A. Peterson announced that felony arrest warrants have been issued for Kevin Fitzgerald, age 45, of Brentwood, the   former general manager of Roddy Ranch Golf Course, LLC, in Antioch; and for Mark Mattson, age 56, a general contractor residing in Escondido, California.

Both Fitzgerald and Mattson are charged with felony counts of Grand Theft by Embezzlement, Attempted Grand Theft, Diversion of Construction Funds, Insurance Fraud, and Elder Financial Theft. Fitzgerald is also charged with filing a false police report, a misdemeanor. The victims are the Roddy Ranch Golf Course, LLC, and Mr. Jack Roddy, a long-time resident of the county. The charges stem from the abrupt closure of the Roddy Ranch Golf Course in 2016 after it was learned that Fitzgerald had allegedly diverted $200,000 of an $800,000 loan the Roddys had obtained to build a solar project on the golf course property.

Both Fitzgerald and Mattson, the solar contractor, submitted false construction documents to the loan company claiming that solar panels had been purchased and installed on the Golf Course property. This was done so the loan proceeds totaling $699,000 would be released to Mattson. Mattson did purchase and install some solar panels, but, not the 344 panels claimed in the construction documents. Mattson then gave $200,000 to Fitzgerald who used some of the proceeds for the golf course and to continue making the monthly lease payments to the Roddys. Fitzgerald embezzled the rest of the money through large cash withdrawals and transfers to his personal accounts.

In December 2015, Fitzgerald and Mattson attempted to get the remaining $93,000 of the loan money from the lender.  The lender made inquiries with PGE, the City and Antioch, and then with Mrs. Donna Roddy who told them the project wasn’t complete and, in fact, had barely been started.

When the lender refused to pay the remaining $93,000, Fitzgerald damaged the 12 solar panels that had been installed and then filed a false police report claiming the theft of 344 solar panels that were allegedly on the property awaiting installation. These panels had never been purchased.

Fitzgerald filed an insurance claim for the purported vandalism and theft. In April 2016, he received $267,000 as an insurance settlement from Liberty Mutual. Fitzgerald gave Mattson $40,000 of this money, transferred $55,000 to his (Fitzgerald’s) personal checking account. The remainder was used for golf course expenses and to pay “dividends” to five private investors. None of the insurance money was used towards the solar project.

Ultimately, after these series of crimes, the Roddys brought in a professional golf course management company to try to salvage the golf course operation. These attempts proved unsuccessful and the golf course closed in August of 2016.

Arrest Warrants have been issued with a bail set at $775,000 each for Fitzgerald and Mattson. Local law enforcement and the United States Marshal’s Service are attempting to locate and arrest both individuals.

Inquiries concerning this prosecution should be addressed to Deputy District Attorney Dodie Katague of the District Attorney’s Special Operations Unit. He can be reached at (925) 957-2208.

Note: For the purpose of full disclosure, Roddy and Fitzgerald have been long-time, personal friends of the writer of this article.

Antioch sex offender receives four years in state prison for possession of child porn

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On Tuesday February 14th, 2017, Jason Judkins was convicted of possession of child pornography. He was sentenced to four years in state prison.

The conviction stems from an investigation by the Contra Costa County Internet Crimes Against Children Task Force and the Antioch Police Department. On January 6th, 2016, Judkins created an internet posting that he was willing to trade his son for sex.  The posting was reported to law enforcement and an immediate search for Judkins was started.  He was arrested later that day in Antioch, and it was determined he did not have a child, nor did he have access to children.  A search of his cell revealed images of child pornography, as well as e-mails in which Judkins distributed the images to others. The evidence indicated Judkins made the online posting to reach others who would exchange child pornography with him.

Prior to this offense Judkins had sustained two prior convictions for possession and distribution of child pornography. Judkins has been a registered sex offender since 2012 and was living as a transient in Antioch at the time of his arrest. The sentence was handed down by the Honorable John T. Laettner, after Judkins entered into a plea agreement with the District Attorney’s Office. Judkins will begin serving his sentence immediately.

“This office will hold accountable those individuals who possess and distribute these types of images over the internet,” said District Attorney Mark Peterson. “With National Victims’ Rights Week coming up in April, it is important to remember that when images of a child being sexually assaulted are distributed across the internet, the child is re-victimized each time.”

The prosecution is a result of an investigation 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, Antioch, Martinez, San Ramon, Concord and Moraga Police Departments, the Sheriff’s Office, Probation Department and District Attorney’s Office participate in the task force. 

BART to pay $1.275 million settlement in environmental prosecution case by DA’s of three counties

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Transit agency failed to implement plans notifying first responders of the presence of large quantities of hazardous materials at its facilities throughout the Bay Area

Martinez, , CA – The Contra Costa County Office of the District Attorney, along with District Attorneys from Alameda County and San Mateo County, announced today that Alameda County Superior Court Judge Morris Jacobson has ordered San Francisco Bay Area Rapid Transit District (BART) to pay $1.275 million as part of a settlement of a civil environmental prosecution alleging that the transit agency failed to implement hazardous materials business plans at facilities throughout the three counties as well as violating aboveground storage tank, underground storage tank, and hazardous waste laws.

The judgment agreed to by BART, resolves allegations made in a civil enforcement lawsuit filed January 31, 2017 in Alameda County and covers environmental violations dating back to January 2010.  The lawsuit claimed that at over 30 of BART’s 190 facilities throughout Alameda, Contra Costa, and San Mateo Counties, BART unlawfully failed to establish and implement a hazardous materials business plan for emergency response to a release or threatened release of hazardous materials.  These hazardous materials included large quantities of diesel fuel, petroleum, sulfuric acid contained in industrial batteries, and fire extinguishing chemicals.  The lawsuit further alleged that at these and other facilities, BART violated its environmental obligations related to its aboveground storage and underground storage of petroleum, and its hazardous waste.

“The protection of the public and the environment from dangerous hazardous materials through the enforcement of environmental protection laws is and always will be a high priority,” say District Attorney, Mark A. Peterson. “I am committed to ensuring both private and public entities comply with environmental laws enacted to protect our community and environment.”

In January of 2014, during routine compliance inspections, hazardous materials inspectors from the Alameda County Department of Environmental Health observed large aboveground storage tanks containing diesel at BART facilities in East Dublin/Pleasanton, West Dublin, and Castro Valley. These tanks, which contained 500 to over 1,700 gallons of diesel, fueled backup generators and were located in close proximity to areas accessed by thousands of BART commuters each day.  Despite the presence of large quantities of hazardous materials, BART had never implemented a hazardous materials business plan for any of these facilities as required by law.  These plans contain critical emergency response information for first responders, such as firefighters, and BART employees, should there be a release or threatened release of hazardous materials into the environment.  These hazardous materials business plans are designed to ensure the protection of the public and the environment in the event of a hazardous materials spill.

The violations were brought to the attention of the Alameda County District Attorney’s Office Environmental Protection Division who then conducted a follow up investigation with the District Attorney’s Offices’ Environmental Protection Units of Contra Costa County and San Mateo County.  The Contra Costa Health Services Hazardous Materials Program and San Mateo County Environmental Health Division also conducted inspections of all BART facilities in their respective Counties.  The follow up investigations revealed that BART’s failure to implement hazardous materials business plans was more widespread and covered over 30 BART facilities in the three counties.  The investigation also revealed that, at numerous other BART facilities, BART was committing violations of California’s aboveground storage tank, underground storage tank, and hazardous waste laws.

BART was cooperative throughout the investigation and worked hard to bring their agency into substantial environmental compliance.  During the investigation, BART hired an third party to conduct an audit of its environmental management programs and the audit identified areas of improvement related to hazardous materials, aboveground storage tanks, and hazardous waste. As part of the settlement, BART agreed to implement the recommendations from this audit.

Under the settlement, BART must pay $675,000 in civil penalties paid out, according to statute, to other government agencies, and $300,000 to reimburse the costs of the investigation.  As part of the settlement, BART must also commit $300,000 to an additional environmental compliance position, for a total of two such positions for the next two years.  BART will also be bound under the terms of a permanent injunction prohibiting similar future violations of law.