Contra Costa Herald

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

El Sobrante man charged with fraudulently obtaining more than $1.1 million in COVID-relief funds

By Leave a Comment

Lane R Jenkins. Source: LinkedIn

Defendant allegedly misused PPP funds for his real estate investment business, EIDL for 10 employees that didn’t exist of a cleaning business that also didn’t exist to pay off personal debts, enrich himself in 2020, 2021

If convicted could face 20 years in prison on each of 3 counts of wire fraud and 5 years for submitting false writings to a government agency

By U.S. Attorney, Northern District of California

OAKLAND – A federal grand jury has returned an indictment charging a Contra Costa County man with wire fraud and other crimes relating to a scheme in which he fraudulently obtained more than $1.1 million in government-backed COVID-19 relief funds, announced United States Attorney Ismail J. Ramsey; Federal Bureau of Investigation (FBI) Special Agent in Robert K. Tripp; and Small Business Administration (SBA) Office of Inspector General (OIG) Special Agent in Charge Weston King of the Western Region.

According to the indictment filed this week, Lane Jenkins, 53, of El Sobrante, California, was president of a company called A & L Investments LLC (A&L), which was founded in 2016, headquartered in El Sobrante, and purported to purchase, renovate, and sell distressed properties. The indictment alleges that, in February 2021 and April 2021, Jenkins applied for and received two Paycheck Protection Program (PPP) loans totaling more than $1 million on the basis of false and fraudulent representations that A&L had dozens of employees and hundreds of thousands of dollars in monthly payroll expenses. In fact, A&L had zero employees and no monthly payroll. In December 2021, Jenkins applied for and received forgiveness of the first of those two loans, falsely certifying he had used the PPP funds to make payroll for A&L’s nonexistent employees. In fact, Jenkins had used the money for personal expenses and to pay off personal debts.

The indictment also states that, in July 2020, Jenkins applied for and received an Economic Injury Disaster Loan (EIDL) of nearly $95,000 for a maid and cleaning service he said he operated as a sole proprietor. The application falsely stated that Jenkins had 10 employees and gross revenues of $241,353. In fact, he had no employees and no revenues. Rather than use the EIDL funds he received on approved business expenses, Jenkins used that money to enrich himself.

The PPP was administered by the SBA as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a federal law enacted in March 2020 to provide billions of dollars in emergency financial assistance to millions of Americans suffering from the economic effects of the COVID-19 pandemic. The PPP provided forgivable loans to small businesses for job retention and certain other qualified business expenses. PPP funds were disbursed by SBA-approved third-party lenders.

The EIDL program is also administered by the SBA. It provides low-interest financing to small businesses, renters, and homeowners in regions affected by declared disasters. As relevant here, the CARES Act authorized the SBA to make EIDL loans of up to $2 million to eligible small businesses experiencing substantial financial disruption due to the COVID-19 pandemic. EIDL funds are disbursed directly by the SBA.

The Indictment charges three counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of submitting false writings to a government agency, in violation of 18 U.S.C. § 1001(a)(3).

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Jenkins faces a maximum statutory sentence of 20 years in prison on each of the three counts of wire fraud and a maximum statutory sentence of 5 years in prison on the fourth count, which charges him with submitting false writings to a government agency. 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.

Jenkins has not yet appeared in court to face the charges against him.

Assistant U.S. Attorney Kenneth Chambers is prosecuting the case. The prosecution is the result of an investigation by the FBI and SBA-OIG.

According to his LinkedIn profile, Jenkins has operated his business since Nov. 2015 but according to corporationwiki.com, he formed the business in May 2016 which has three other associated individuals and is located in Pinole. In addition, since 2009 Jenkins has been employed as a Key Accounts Sales Manager for Southern Wine & Spirits.

Allen D. Payton contributed to this report.

 

Bay Area serial bank robber from Antioch sentenced to more than five years in prison

By Leave a Comment

Brandon Elder arrested for a Brentwood bank robbery on Jan. 26, 2022. (Photo: Brentwood PD) and his Facebook photo posted on Oct. 3, 2021.

Defendant robbed a bank only 19 days after release from custody for previous bank robbery

Brandon Elder has history of arrests dating to 2016 including 5 times in 2021 and 3 times in 2022

By U.S. Attorney, Northern District of California

SAN FRANCISCO – Brandon John Elder was sentenced to 63 months in prison for bank robbery, announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation (FBI), San Francisco Field Office, Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. James Donato, United States District Judge.

Elder, 29 (born 2/14/1995), of Antioch, pleaded guilty to the charge on December 14, 2023. According to court filings, Elder walked into a bank in the Marina District of San Francisco on September 20, 2022, wearing a black hoodie, black facemask, and blue gloves. He approached the teller window, stated “this is a robbery,” and demanded “50s” and “100s.” The teller handed over $10,000 in cash to Elder, who ran out of the bank and back to his getaway car in a nearby parking garage. Elder was arrested two days later in Pleasant Hill, Calif., while shoplifting a PlayStation from a Target with $7,867 cash in his pocket. A grand jury indicted Elder on November 1, 2022, charging him with one count of bank robbery, in violation of 18 U.S.C. § 2113(a). Elder pleaded guilty to the charge without a written plea agreement.

Elder committed this bank robbery while still on post-release community supervision. He had been released from state custody only 19 days earlier after serving a custodial sentence related to the robbery of a bank he committed on January 26, 2022, in Brentwood, Calif. In addition, Elder already had been convicted of 11 other thefts in state court, including a violent incident during which he slashed a loss prevention officer with a box cutter. (See related article)

“Repeat offenders like Brandon Elder should not be allowed to continue terrorizing the community,” said United States Attorney Ismail J. Ramsey. “Enough is enough. This Office will ensure that criminals like Mr. Elder face serious repercussions for their actions.”

“Elder used threats and intimidation to terrorize the employees of the bank he robbed,” said Special Agent in Charge Robert Tripp. “His complete disregard for the law demanded justice, and justice he received with this sentence. The FBI will not waver when it comes to preserving the peace of our community by taking dangerous criminals off the streets.”

In addition to sentencing Elder to prison, Judge Donato ordered the defendant to serve a year of supervised release to begin after his prison term is completed. The defendant was immediately remanded into custody.

Assistant U.S. Attorney George Hageman is prosecuting the case with the assistance of Lakisha Holliman. The prosecution is the result of an investigation by the FBI.

According to localcrimenews.com, Elder was also arrested five times in 2021 and three times in 2022 by multiple agencies including Vallejo PD, Dublin PD, San Francisco PD, Antioch PD, Pleasant Hill PD and BART Police for crimes including driving with a suspended license, drug possession including for sale, vehicle theft, receiving stolen property – motor vehicle, evading an officer including wanton disregard for safety, resisting arrest, failure to appear, smoking on BART and burglary. (See related article)

In addition, Elder was also arrested twice in 2016, first on Feb. 1st at 4:30 p.m. by Antioch Police on an outstanding felony warrant then again on August 19, 2016 by Antioch Police and at that time was a known gang member, who had two felony warrants for his arrest. Several APD officers went to Elder’s residence in the 200 block of Rossi Avenue where he was contacted in his bedroom. Elder was arrested and sent to county jail.

According to his Facebook page, Elder is from Oakland, lives in Antioch and is single, went to John Swet High School in Crockett and works at Safeway. His last post was on Nov. 8, 2021, while at the DMV in San Francisco.

According to the Alameda County Sheriff’s Office, the five-feet, seven-inch tall, 135-pound Elder, who is white and has green eyes and brown hair, is being held in the Santa Rita Jail on no bail.

Allen D. Payton contributed to this report.

CA Department of Justice clears Antioch Police of criminal charges in 2021 officer-involved shooting

By Leave a Comment

Cover of CA DOJ Policy and Practice Recommendations for APD and Figure 1. photograph from Brentwood Police Department drone footage showing Guadalupe Zavala taking aim and shooting at a police drone. Source: CA DOJ

Guadalupe Zavala caused 6-hour stand-off ending in his death while unarmed; son later sued City of Antioch

CA DOJ “commends APD” for manner in which they handled situation

CA Attorney General issues “policy and practices recommendations”

By California Department of Justice

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Guadalupe Zavala’s death from an officer-involved shooting involving the Antioch Police Department in Antioch, California on December 10, 2021. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident.

Figure 2: Distance between Mr. Zavala’s house and the location where Officer Duggar and Sergeant Chang were when they fired their shots. Figure 6: This image shows that the distance between Officer Rombough and Detective McDonald (both positioned on the Antioch armored vehicle) and were about 103 feet from Mr. Zavala when they fired. Source: CA DOJ

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

Figure 11: Bullet holes photographed in residence neighboring Mr. Zavala’s home where neighbors reported shots fired by Mr. Zavala. Figures 11A&B: Bullets holes in neighbor’s vehicles outside Mr. Zavala’s residence. Source: CA DOJ

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man who was barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued, during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala, causing him to fall back. However, because Mr. Zavala was wearing body armor, he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home, and he ran out and took cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle, Mr. Zavala ran towards the armored vehicle and was fatally shot.

Zavala’s son, Diego Zavala, joined in a 2023 federal lawsuit against the City of Antioch and six Antioch Police officers. (See related articles here, here and here)

Figure 25: Still frame from armored vehicle video of Mr. Zavala getting up halfway after the first round of shots were fired by officers. Figure 4: Mr. Zavala lying prone outside the North side of his home, under a barbecue, with what the helicopter reported to possibly be a handgun in his hands (circled). Figure 9: Cellphone image from Mr. Zavala’s phone from the day of the incident. Source: CA DOJ

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

Figure 19. Assault rifle found in the hallway of a bedroom in Mr. Zavala’s residence. Figure 21. Ballistic vest recovered from the backyard. Figure 23: A box of unfired .40 caliber S&W ammunition found in the safe of the master bedroom of Mr. Zavala’s residence. Source: DOJ

CA DOJ “Commends APD” for How They Handled Situation

In addition, the report shows the California DOJ Police Practices Section conducted a supplemental review of the information and “PPS commends APD for the manner in which they handled this volatile, dangerous situation, coordinating with neighboring agencies, exploring less-lethal options, and rapidly deploying the SWAT and CNT teams to the incident to attempt to achieve a peaceful surrender.”

Source: CA DOJ

CA DOJ Recommendations

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in the hilly areas covered by their department. Antioch Police Department can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or, if that is impracticable or not feasible, examine whether there are other cell phone carriers or radio channels that would work in all areas they serve.

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure that their officers can effectively and efficiently communicate with officers from other agencies in future incidents by setting up regional radio channel systems for interagency communication.

See CA DOJ APD Policy Recommendations from Zavala_AB1506 Report

Emails were sent early Friday afternoon to Acting Antioch Police Chief Brian Addington, Antioch Police Officers Association leaders and their attorney, Mike Rains for comment on the report, as well as City Attorney Thomas L. Smith, Addington and Rains with questions regarding the 2023 lawsuit that included Zavala’s son. The efforts were unsuccessful prior to publication time, except for a response by Rains.

Early Friday evening he said, “That was good news from the DOJ. I think the findings were appropriate. The DOJ does a very good job, in my opinion, in these 1506 cases analyzing the facts and clearing the officers of any wrongdoing. I also see the PPS commends the department for de-escalation.”

About the lawsuit Rains said, “I don’t know on the civil side if the lawsuit is settled or not,” as Rains’ firm does not represent former officer Eric Rombough.

“We represented the officers in the 1506 case, including Duggar and Chang, who were the two primary officers who fired their weapons and were part of the DOJ investigation,” he added.

A copy of the complete report can be found here.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

Tracy man sentenced for computer attack on Discovery Bay Water Treatment Facility

By Leave a Comment

Photos source: Town of Discovery Bay

To serve home confinement and probation, pay restitution

Defendant was former employee of contractor and admitted to unleashing attack

By U.S. Attorney, Northern District of California

OAKLAND – Rambler Gallo was sentenced to serve six months of home confinement and 36 months of probation for intentionally causing damage to the computer network for the Discovery Bay Water Treatment Facility, located in the Town of Discovery Bay, Calif., and thereby threatening public health and safety. Specifically, Gallo intentionally uninstalled the main operational system for the water treatment plant that operates the automated monitoring system that protects the entire water treatment system, including monitoring and controlling the chemical levels and filtration of the water across all the Discovery Bay water service facilities. The sentence was handed down on Wednesday by Haywood S. Gilliam Jr., United States District Judge. The announcement was made by United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp.

Gallo, 53, of Tracy, Calif., was a full-time employee of a private Massachusetts-based company identified in the indictment as Company A, which contracted with Discovery Bay to operate the town’s wastewater treatment facility. The facility provides treatment for the water and wastewater systems for the town’s 15,000 residents. During his employment with Company A, from July of 2016 until December of 2020, Gallo was the company’s “Instrumentation and Control Tech,” with responsibility for maintaining the instrumentation and the computer systems used to control the electromechanical processes of the facility in Discovery Bay.

According to his plea agreement, while Gallo was employed with Company A, he installed software into his own personal computer and into Company A’s private internal network that allowed Gallo to gain remote access to Discovery Bay’s Water Treatment facility computer network. Gallo resigned from his employment with Company on November 25, 2020, giving two weeks’ notice. Approximately five weeks later, Gallo accessed the facility’s computer system remotely and transmitted a command to uninstall certain software which was designed to perform as the main hub of the facility’s computer network.

The software that Gallo accessed protected the entire water treatment system, including water pressure, filtration, and chemical levels. Documents filed by the government in connection with Gallo’s sentencing describe how Gallo’s actions took the monitoring software offline into the following day when it was discovered by employees. Employees thereafter took steps to rectify the situation and mitigate any potential damage to the water treatment system. The government argued that Gallo’s actions “were well thought out to be as disruptive as possible” and “caused a potential threat to the health and safety of the community’s water supply.”

A federal grand jury indicted Gallo on June 27, 2023, charging him with one felony count of transmitting a program, information, code, and command to cause damage to a protected computer, in violation of 18 U.S.C. §§ 1030(a)(5)(A) and (c)(4)(B)(i). Gallo pleaded guilty to the charge.

In addition to the prison term, Judge Gilliam ordered Gallo to forfeit his computer and to pay $44,250 restitution.

Assistant United States Attorney Cynthia Frey is prosecuting this case with assistance from Kathy Tat and Kevin Costello. The case is being investigated by the FBI.

 

Brentwood man charged for child pornography, illegal rifle

By 1 Comment

Michael Lee Patterson one of 7 arrested during 15-agency Operation Spring Clean in May 2023, including men from Oakley, San Ramon, another from Brentwood

By U.S. Attorney’s Office, Northern District of California

OAKLAND – A federal grand jury has indicted Michael Lee Patterson for receipt of child pornography, in violation of 18 U.S.C. § 2252(a)(2) and (b), and possession of an unregistered short-barreled rifle, in violation of 26 U.S.C. § 5861(d), announced United States Attorney Ismail J. Ramsey, United States Secret Service (USSS) Special Agent in Charge Shawn M. Bradstreet, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jennifer Cicolani. The indictment, filed April 18, 2024, was unsealed on May 6, 2024, at Patterson’s initial federal court appearance before U.S. Magistrate Judge Donna M. Ryu. On May 16, 2024, Magistrate Judge Ryu ordered Patterson detained pending trial.

According to the government’s detention memorandum, in late May 2023, the Silicon Valley Internet Crimes Against Children Task Force (SV-ICAC) conducted an operation to identify and arrest adults engaging in sexual conversations with undercover chatters posing online as minors. During this operation, Patterson engaged in an online conversation with an undercover officer posing as a 13-year-old girl, and eventually planned to meet and engage in sexual conduct. Officers arrested Patterson when he arrived at the agreed upon location. In Patterson’s car, officers located the phone Patterson had used to communicate with the undercover officer, and next to the phone, officers located a loaded .38 caliber revolver. The government further argued that after his arrest, Patterson was found to have been in possession of over 600 videos and over 1,200 individual images depicting child sexual abuse material on various electronic devices, as well as dozens of firearms, firearm components, boxes of ammunition, and firearm manufacturing machines and components, including a computerized gun milling machine. Three of the firearms were unregistered short-barreled rifles and one was an unregistered fully automatic machine gun.

Patterson is scheduled to appear before the Honorable U.S. District Judge Haywood S. Gilliam, Jr. on June 26, 2024, in Oakland.

As previously reported, Patterson was one of seven men arrested during the week of May 31st, 2023, while the Brentwood Police Department hosted the Contra Costa County Internet Crimes Against Children (ICAC) Task Force for an operation targeting adults who were seeking to meet minors for sex with the goal of identifying victims of child sexual abuse. A total of 15 law enforcement agencies participated in “Operation Spring Cleaning,” which encompassed over 1,200 law enforcement work hours throughout the week. The ICAC Task Force seized approximately 40 illegal firearms and 39 electronic devices, executed eight (search warrants, and impounded five vehicles. In total seven arrests were also made: 29-year-old Nhouel Dulay (Oakley), 42-year-old Michael Patterson (Brentwood), 43-year-old Jeffrey Pallesen (Stockton), 25-year-old Carlos Vera (Brentwood), 21-year-old Edward Stinson (Merced), 54-year-old Robert Stearns (San Ramon), and 29-year-old Randall Alston (Berkeley).

According to localcrimenews.com, Patterson is White, five-feet, seven-inches tall and 150 lbs.

The ICAC program helps state and local law enforcement agencies develop an effective response to technology-facilitated child sexual exploitation and internet crimes against children. This includes forensic and investigative services, training, technical assistance, victim services, and community education. Our agency remains committed to protecting the most vulnerable in our community and would like to thank all of the participating agencies for their contributions last week in combatting child exploitation.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of twenty years in prison and a fine of $250,000, plus restitution if appropriate, for a violation of 18 U.S.C. § 2252(a)(2) and (b), and 10 years imprisonment and a fine of $10,000 for a violation of 26 U.S.C. § 5861(d). 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.

Assistant U.S. Attorney Jonah Ross is prosecuting the case with the assistance of Kay Konopaske and Claudia Hyslop. The prosecution is the result of an investigation by the USSS, ATF, SV-ICAC, the Brentwood and Walnut Creek Police Departments, and the Contra Costa Sheriff’s Office.

Allen D. Payton contributed to this report.

 

West County: Rodeo tattoo shop owner, real estate investor pleads guilty to tax evasion

By Leave a Comment

Defendant admits to scheme of failing to disclose more than $3 million in income earned from his companies, falsely reporting expenses

Faces maximum prison term of 5 years, $250,000 fine

By U.S. Attorney’s Office Northern District of California

OAKLAND – Salman Salman pleaded guilty today to one count of tax evasion in violation of 26 U.S.C. § 7201. The plea was accepted by the Honorable Haywood S. Gilliam, Jr., United States District Judge. The announcement was made by United States Attorney for the Northern District of California Ismail J. Ramsey and IRS Criminal Investigation (CI) Acting Special Agent in Charge Michael Mosley of the Oakland Field Office.

Salman, 47, of Rodeo, Calif., was charged with a scheme to evade taxes by filing false Form 1040 joint income tax returns for himself and his wife for tax years 2016 through 2019. Specifically, Salman admitted to falsely underreporting income he and his wife enjoyed from three businesses he owned and operated during the course of the scheme, The Plug Tattoo & Piercing, Inc. in Richmond, S&S Real Estate Investment Group, and Synergy Investment Group Ohio, Inc.

In the plea agreement, Salman admitted that he both understated income from his companies and that he claimed false and overstated expenses as part of his scheme to further reduce his tax obligations. In total, Salman admitted that he failed to disclose over $3.4 million in income he received from his companies for tax years 2016 through 2019.

On December 11, 2023, Salman was charged by information with four counts of tax evasion, in violation of 26 U.S.C. § 7201. Pursuant to the plea agreement, Salman admitted the conduct alleged as support for all four counts in the information, but pleaded guilty to Count Four, which charges him with tax evasion for tax year 2019.

Judge Gilliam scheduled Salman’s sentencing hearing for September 18, 2024. For the tax evasion charge, Salman faces a maximum prison term of five years, a maximum fine of $250,000, and restitution of at least $438,247 to the IRS. As part of any sentence, the court may also order Salman to serve a period of supervised release and to pay additional assessments, however, the court will impose a sentence only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

The case is being prosecuted by Assistant U.S. Attorney Thomas Green, with the assistance of Kay Konopaske and Christine Tian of the U.S. Attorney’s Office. The prosecution is the result of an investigation by the Internal Revenue Service-Criminal Investigation.

CI is the criminal investigative arm of the IRS, responsible for conducting financial crime investigations, including tax fraud, narcotics trafficking, money-laundering, public corruption, healthcare fraud, identity theft and more. CI special agents are the only federal law enforcement agents with investigative jurisdiction over violations of the Internal Revenue Code, obtaining a more than a 90 percent federal conviction rate. The agency has 20 field offices located across the U.S. and 12 attaché posts abroad.

The IRS contributed to this report.

Concord man sentenced to 20 years in prison for coercing, enticing minors to produce child porn, related crime

By Leave a Comment

Javier Antonio Ramirez was arrest for shooting someone in Martinez on April 24, 2018. Photo: Martinez PD

Javier Ramirez supplied minor victims with fentanyl in exchange for sexual acts

Has history of arrests dating to 2013

By U.S. Attorney’s Office Northern District of California

OAKLAND – Javier Antonio Ramirez was sentenced to serve 20 years in prison for coercing and enticing teenaged girls to produce child pornography and receiving child pornography this week, announced U.S. Attorney Ismail J. Ramsey and Homeland Security Investigations (“HSI”) San Francisco Special Agent in Charge Tatum King. The sentence was handed down by the Hon. Jon S. Tigar, United States District Judge.

Ramirez, 29, of Concord, was charged by indictment on March 2, 2023, with one count of coercion and enticement of a minor, in violation of 18 U.S.C. § 2422(b), and one count of receipt of child pornography, in violation of 18 U.S.C. §§ 2252(a)(2) and (b). Ramirez pleaded guilty to both counts on November 13, 2023.

“Javier Ramirez’s conduct is every parent’s nightmare,” said U.S. Attorney Ismail J. Ramsey. “That Ramirez introduced minors to fentanyl, a lethal drug, to assist in coercing and exploiting them and then watched those minors overdose repeatedly, only makes matters worse. Let this sentence serve as a reminder that this Office will take all steps available to hold accountable those who prey on and exploit our youth.”

“The sentencing of Ramirez to 20 years in prison for coercing and enticing minors to produce child sexual abuse material while admittedly poisoning them with the dangerous narcotics is a stern reminder of the imperative to safeguard our children,” said Special Agent in Charge Tatum King. “This verdict underscores HSI’s unwavering commitment to protect the innocent and hold perpetrators of such despicable crimes fully accountable under the law.”

According to the plea agreement, Ramirez admitted that between June 2021 through February 2023, Ramirez used social media to identify minor girls to persuade them to engage in sexual intercourse and sexually explicit conduct with Ramirez, which, on occasion, Ramirez would film or photograph. Ramirez admitted that the first step of the pattern of coercion began with Ramirez supplying narcotics to girls, who were all under the age of 18 years old. Ramirez provided narcotics, including cocaine and fentanyl, to these victims at discounted prices or even for free in exchange for sexual acts.

According to court filings, Ramirez was the one who introduced many of the victims to fentanyl for the first time, when the victims were only 16 or 17 years old. Over time, Ramirez watched each identified victim overdose multiple times and yet continued to supply more fentanyl to the victims, all while sexually exploiting them. In January 2023, one of the minor victims suffered a non-fatal fentanyl overdose while at a high school in Contra Costa County, from fentanyl Ramirez took her to procure in San Francisco the night before.

Ramirez also pleaded guilty to receipt of child pornography. According to the plea agreement, Ramirez admitted having almost 100 videos and images of child pornography, including of prepubescent minors and toddlers.

Judge Tigar sentenced Ramirez to 240 months of imprisonment for the coercion and enticement count, to be served concurrently with 216 months of imprisonment for the receipt of child pornography count. In addition to the prison term, Judge Tigar also ordered Ramirez to serve 15 years of supervised release which will begin after the term of imprisonment. Ramirez was immediately remanded into custody.

Assistant U.S. Attorney Kelly Volkar of the Oakland Branch of the United States Attorney’s Office is prosecuting the case, with the assistance of Mark DiCenzo. The prosecution is the result of an investigation by Homeland Security Investigations, the Contra Costa Internet Crimes Against Children Task Force, the Lafayette Police Department, and the Contra Costa Sherriff’s Office.

Online child sexual exploitation and abuse is a threat to all children and teens who use the internet. Prevention and reporting resources for children and caregivers are now available online at www.dhs.gov/know2protect and includes HSI’s signature iGuardian training program.

One Pill Can Kill: Beware of pills bought on the street: One Pill Can Kill. Fentanyl, a Schedule II controlled substance, is a highly potent opiate that can be diluted with cutting agents to create counterfeit pills that purport to mimic the effects of Oxycodone, Percocet, and other drugs, but can be obtained at a lower cost. However, very small variations in the amount or quality of fentanyl create huge effects on the potency of the counterfeit pills and can easily cause death. Fentanyl has now become the leading cause of drug overdose deaths in the United States. Counterfeit, fentanyl-laced pills are usually shaped and colored to resemble pills that are sold legitimately at pharmacies. For example, counterfeit pills known as M30s mimic Oxycodone, but when sold on the street they routinely contain fentanyl. These tablets are round and often light blue in color, though they may be made in many colors, and have “M” and “30” imprinted on opposite sides of the pill.

According to localcrimenews.com, Ramirez has a history of arrests dating back to 2013 by multiple agencies in various cities and counties for crimes including weapons charges, DUI, battery, drug possession, assault with a deadly weapon for shooting at another individual in Martinez and multiple charges of vandalism of $5,000 or more.

According to the Alameda County Sheriff’s Office, he was born on Aug. 11, 1994, is five-foot, 10-inches tall, 150-pounds, listed as White, and is being held in Santa Rita Jail in Dublin on no bail.

Allen D. Payton contributed to this report.

 

Four street gang members charged for violent robberies of San Pablo jewelry store, other Bay Area businesses

By Leave a Comment

Oakland-based Ghost Town gang co-conspirators stole bags of jewelry valued at $300,000 to $500,000

Face 10 to 20 years in prison; three have histories of arrests

By U.S. Attorney Northern District of California

OAKLAND – A federal grand jury has handed down a superseding indictment alleging Jakari Jenkins, Demarco Barnett, Garland Devonte Rabon, and Keanna Alloise Smith-Stewart conspired with each other, and other members of an Oakland-based street gang, to rob several San Francisco Bay Area businesses, announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation (“FBI”) Special Agent in Charge Robert K Tripp. The superseding indictment, filed April 18, 2024, was unsealed last Friday at an initial appearance by defendant Rabon before U.S. Magistrate Judge Kandis A. Westmore. The final defendant to appear in court, Ms. Smith-Stewart, made her initial appearance before Magistrate Judge Westmore on April 30.

The superseding indictment alleges that by March of 2022, the four defendants were all members of, or had association with, an Oakland-based street gang called the Ghost Town gang. The indictment describes a series of armed robberies and burglaries that were committed by groups of co-conspirators.

The first robbery described in the superseding indictment involved Barnett and Jenkins, who along with other members of the gang carried out the armed robbery of a coin and stamp store located on the 10th floor of a building in the South of Market neighborhood of San Francisco. As part of the plan, members of the conspiracy allegedly rented a car to be used as a getaway car. In addition, members of the conspiracy stole a license plate to be used on the getaway car and met additional members of the conspiracy at the Oakland residence of another gang member. On March 18, 2022, the day of the robbery, Barnett, Jenkins, and at least two additional unnamed co-conspirators entered the store, brandished firearms, and demanded money from the business and the two individuals who happened to be present at the time— the owner and his son. The robbers struck the head and zip-tied the hands of the owner’s son, and absconded with cash, jewelry, and coins having an aggregate value of more than $300,000.

The second armed robbery described in the superseding indictment occurred approximately eight months later. As a prelude to the second robbery, members of the conspiracy pretended to be customers of a jewelry store in San Pablo. The pretend customers left jewelry with the operators of the store. According to the indictment, Jenkins, Barnett, and Rabon arrived at the jewelry store on November 12, 2022, with at least four other co-conspirators and robbed the store of jewelry, including the jewelry that members of the gang previously had left with the store. The robbers arrived in two getaway cars—both Dodge Chargers bearing stolen license plates. Five co-conspirators, at least three of whom were brandishing firearms, entered the store while two of the co-conspirators waited outside in the getaway cars. The co-conspirators stole bags of jewelry valued at approximately $300,000 to $500,000. The indictment describes how all four defendants in the superseding indictment later wore the stolen jewelry, shared the stolen jewelry with other members of Ghost Town gang members, or otherwise made use of the stolen jewelry for their personal purposes.

The superseding indictment also describes the November 24, 2022, burglary of an Audi dealership in Oakland. Specifically, the indictment describes how days before the robbery, Smith-Stewart allegedly purchased a black Audi S5 from the dealership using a fake driver’s license and another person’s social security number. After providing a down payment of approximately $9,500 toward the purchase of the car, Jenkins, Barnett, and another unindicted co-conspirator burglarized the dealership and stole the safe containing the down payment that Smith-Stewart previously had submitted.

Finally, the superseding indictment describes the Christmas Eve, 2022, armed robbery of a marijuana business in Oakland and one of its employees. The superseding indictment describes how the worker was leaving the business when Jenkins, Barnett, Rabon, and Smith-Stewart, along with at least four other co-conspirators, arrived at the marijuana business in two getaway cars. The robbers brandished weapons, directed the worker back into the building, and demanded “budded weed” and “money.” One of the robbers struck the worker in the head with a firearm. The robbers searched through the worker’s pockets and stole his bank debit card. The robbers absconded with the victim’s debit card and a bag of marijuana plant trimmings. The superseding indictment describes how on December 26, 2022, Smith-Stewart allegedly used the victim’s debit card at Westfield Mall in San Francisco to purchase more than $1,000 worth of items at Bloomingdale’s and Nordstrom.

In sum, the defendants are charged with the following crimes:

Defendant

Charge

 Maximum Statutory Sentence, If Convicted

ALL DEFENDANTS

(one count each)

18 U.S.C. § 1951(a)
Conspiracy to Engage in Robbery Affecting Interstate Commerce

(Hobbs Act Robbery)

 – Imprisonment: 20 years

– Fine: $250,000

– Supervised Release: 3 years

– Special Assessment: $100 per count

– Forfeiture

– Restitution

JAKARI JENKINS

(three counts)

DEMARCO BARNETT

(three counts)

GARLAND RABON

(two counts)

KEANNA SMITH-STEWART

(one count)

18 U.S.C. § 1951

Robbery and Aiding and Abetting Robbery Affecting Interstate Commerce

 – Imprisonment: 20 years

– Fine: $250,000

– Supervised Release: 3 years

– Special Assessment: $100 per count

– Forfeiture

– Restitution

KEANNA SMITH-STEWART

(one count)

18 U.S.C. §§ 1029(a) and 2

Counterfeit Access Device Fraud

 -Imprisonment: 10 years

– Fine: $250,000

– Supervised Release: 3 years

– Special Assessment: $100

– Forfeiture

– Restitution

KEANNA SMITH-STEWART

(one count)

18 U.S.C. § 1029(a)(5)

Access Device Fraud

 Imprisonment: 15 years

– Fine: $250,000

– Supervised Release: 3 years

– Special Assessment: $100

– Forfeiture

– Restitution

In addition, as part of any sentence, the court may order additional fines; restitution, if appropriate; and an additional term of supervised release to begin after any prison. Nevertheless, 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.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.

Defendants Jenkins and Barnett are in custody and are scheduled to make the next appearance before the Honorable U.S. District Judge Araceli Martinez-Olguin on July 15, 2024, in Oakland. Defendants Rabon and Smith-Stewart were in custody and scheduled to appear before Chief Magistrate Judge Ryu on May 1, 2024.

This case is being prosecuted by Assistant U.S. Attorneys Lauren Harding and Jonathan Lee, with the assistance of Yenni Weinberg and Erick Machado. The prosecution is the result of an investigation by the FBI, with assistance from the police departments of Oakland, San Francisco, and San Pablo.

According to localcrimenews.com, the five-foot, five-inch tall, 220-pound, 32-year-old Jenkins of Oakland has a  history of arrests dating back to 2013 for multiple weapons, drug and burglary charges, and a hit-and-run; the five-foot, 11-inch tall, 215-pound, 34-year-old Barnett of Oakland, has a history of arrests dating to 2014 for multiple burglaries and a hit-and-run; the six-foot tall, 190-pound, 28-year-old Rabon of Mountain House, has a history of arrests dating to 2015 for multiple burglary and weapons charges; and the five-foot, five-inch, 135-pound, 31-year-old Smith-Stewart of West Sacramento was also arrested on April 29, 2024 by the Alameda County Sheriff’s Department. No details of the arrest were available.

Allen D. Payton contributed to this report.

Three Romanians arrested for stealing Electronic Benefit Transfer information throughout state

By Leave a Comment

Charged with access device fraud in multi-district operation

California has reported loss of over $22 million due to EBT theft in first quarter of 2024, robbing low-income families of funds to buy food

By U.S. Attorney’s Office, Northern District of California

OAKLAND – Three individuals were charged with the use of unauthorized access devices were filed this week, announced United States Attorney Ismail J. Ramsey and United States Secret Service (“USSS”) – San Francisco Field Office, Special Agent in Charge Shawn Bradstreet.

The three defendants—Petrica Mosneagu, 44; Ionut Sopirla, 38; and Virgil Tudorascu, 42, all of Romania—were charged with stealing Electronic Benefit Transfer (“EBT”) account information and making fraudulent cash withdrawals at ATMs using that stolen EBT information in violation of 18 U.S.C. § 1029(a)(2). The defendants were arrested in a multi-district, USSS-led operation, which resulted in several arrests this week, including in the Southern District of California.

According to the public criminal complaints, law enforcement agencies have been investigating EBT theft across California for the past fourteen months. The complaints allege that the California Department of Social Services has identified that approximately $22.8 million has been stolen from victim EBT card beneficiaries from January to March 2024 in California, including in the Northern District of California. Most of these stolen funds have been obtained by unauthorized ATM withdrawals. Furthermore, the complaints allege that victims of the scheme are largely low-income families who depend on EBT benefits to buy food and other household necessities.

The complaints allege that the defendants fraudulently withdrew cash with “cloned” cards, which are debit cards, gift cards, or other devices with magnetic strips that have been encoded with information from legitimate EBT cards. The account holders’ account information was primarily “skimmed” at ATMs or point-of-sale terminals. Skimming devices recorded victim account holder account information on the magnetic strips and log their PINs through keypad overlays. Once skimmed, the victim account holders’ account information was then loaded onto blank or repurposed debit cards, which the defendants then used to withdraw cash or make purchases.

If convicted, each defendant face a maximum statutory sentence of ten years in prison on each charge. 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.

Defendants Mosneagu and Sopirla made their initial appearances Tuesday morning in Oakland and will appear for their detention hearings on April 10, 2024, before the Honorable Kandis A. Westmore. Defendant Tudorascu made his initial appearance Thursday morning and will also appear for his detention hearing on April 10, 2024.

Criminal complaints only allege that crimes have been committed, and each defendant must be presumed innocent until proven guilty beyond a reasonable doubt.

Assistant U.S. Attorney Alexis James and Special Assistant U.S. Attorney Zachary Glimcher are prosecuting these cases, with the help of Katie Turner and Kay Konopaske. These prosecutions are the result of an investigation by the USSS, California Department of Social Services, U.S. Department of Agriculture – Office of Inspector General, Homeland Security Investigations (HSI), San Francisco Human Services Agency – Special Investigations Unit, Pleasant Hill PD, Richmond PD, Oakland PD, Berkeley PD, Alameda County Sheriff’s Office, Romanian National Police, and U.S. Secret Service Bucharest.

Richmond man arrested again, charged with multiple felonies for illegal weapons possession

By Leave a Comment

Guns seized from Hansen’s home in Richmond during his first arrest announced in February. Photos: CA DOJ

Cache of weapons included machine guns, assault rifles, silencers, homemade explosives

CA Attorney General announced first arrest in Feb., but state DOJ didn’t request prosecution and suspect was released, re-arrested March 17

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Martinez, California – The Contra Costa District Attorney’s Office filed a 21-count felony complaint against a Richmond man for possessing a large cache of illegal weapons, high-capacity magazines, and homemade explosives.

68-year-old Lawrence Robert Hansen (born 7/15/55) of Richmond is in custody after he was arrested on an outstanding warrant on March 17th by Richmond Police. Hansen is also listed on the Armed and Prohibited Persons System which tracks individuals who are barred from owning or possessing firearms.

Between 2022-2023, Hansen made several violent firearm-related threats to medical staff at a Walnut Creek clinic while seeking treatment. Staff members reported those threats to Walnut Creek Police on September 18th, 2023. In a separate incident, Hansen was transported to a hospital in Walnut Creek on September 26th, 2023, for a medical issue. During an examination, a staff member saw that Hansen had a handgun (later determined to be loaded) in his waistband area. The weapon was taken from Hansen and police were informed.

Because of the legal prohibition against Hansen possessing firearms, as well as threats made to medical employees, members from the Contra Costa Anti-Violence Support Effort Task Force, California Department of Justice’s (DOJ) Bureau of Firearms, and Contra Costa County Probation Officers searched Hansen’s residence with a court-ordered warrant in Richmond on January 31, 2024. During the search, agents found 11 machine guns, more than 130 handguns, 37 rifles, 60 assault rifles, 7 shotguns, 3,000 large capacity magazines, several grenades (inert), homemade explosives, incendiary ammunition, and around one million rounds of ammunition.

Hansen was arraigned on March 18th in Martinez. He entered a plea of not guilty and is being held without bail in the Martinez Detention Facility. A preliminary hearing is scheduled for March 27th in Department 23 at 8:30 am.

As previously reported, following the Jan. 31 search, California Attorney General Rob Bonta announced on Feb. 15 the arrest of Hansen. Asked why he was out of custody and arrested again on March 17, Asregadoo responded, “Upon receiving a request for prosecution (RFP) from the arresting police agency, a case undergoes review to determine whether to file charges. The RFP should include investigative reports and evidence relevant to the case. In the instance of Lawrence Robert Hansen, the arresting agency, Cal DOJ, did not immediately request prosecution at the time of arrest. Instead, Cal DOJ chose to finalize their investigation before submitting the request for prosecution along with associated reports and evidence to the Contra Costa District Attorney’s Office.”

According to the Contra Costa County Sheriff’s Office, Hansen is a 5-foot, 11-inch, 190-pound Hispanic man.

Case No. 02-24-00234 | The People of the State of California v. Hansen, Lawrence Robert

Allen D. Payton contributed to this report.