Contra Costa Herald

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

Robbery crew’s luck runs out, charged with $1.1 million St. Patrick’s Day heist of San Ramon jewelry store

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Security camera video screenshot of the San Ramon jewelry store robbery on March 17, 2023. Source: KTVU FOX2

Rolex with GPS chip helped police arrest, charge suspects, four with history of arrests

The Office of the United States Attorney has charged five defendants—Sunia Mafileo Faavesi, Ryan Kentrell Montgomery, Paul Christopher Tonga, John Ioane Tupou, and Kyle Vehikite—with conspiracy to commit robbery affecting interstate commerce for their roles in the St. Patrick’s Day March 17, 2023, robbery of Heller Jewelers in San Ramon, Calif., announced United States Attorney Ismail J. Ramsey and Bureau of Alcohol Tobacco, Firearms, and Explosives Special Agent in Charge Jennifer Cicolani. All the defendants except Tupou made their initial federal court appearance on July 27 before U.S. Magistrate Judge Alex G. Tse to face the charges. Tupou remains at large.

According to a federal criminal complaint, filed July 21, 2023, and unsealed at the initial appearance, Faavesi, 30, Montgomery, 35, Tonga, 33, Tupou, 30, and Vehikite, 34, planned and executed the armed heist, which involved at least eleven individuals, some armed, taking approximately $1.1 million in stolen watches and jewelry from the family-owned San Ramon jewelry store. The complaint alleges that while some of the participants were inside the store or immediately outside it during the armed robbery, others acted as lookouts and get-away drivers of at least four waiting vehicles. The robbery took place at a bustling mall in San Ramon in the middle of the afternoon and resulted in multiple bystanders, including children, fleeing the masked and armed robbers.

The complaint affidavit provides details regarding how the defendants originally cased the location a week prior to the robbery and then returned on March 17, 2023, with co-conspirators to execute the robbery. The complaint alleges investigators were able to identify one of the defendants by evaluating GPS information emitted from a stolen Rolex watch. Law enforcement investigators thereafter conducted a covert investigation that ultimately enabled them to identify each of the five defendants and to piece together the movements of the defendants on the day of the robbery.

Faavesi, Montgomery, Tonga, and Vehikite all were arrested on July 26, 2023. The government has filed a motion asking that they be detained pretrial. Defendants’ next scheduled appearances are on August 1, 2023, and August 4, 2023, for their respective detention hearings.

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendants each face a maximum sentence of 20 years, and a fine of $250,000. As part of any sentence, the court also may order defendants to pay restitution, if appropriate, and to serve an additional period of supervised release to begin after a prison term. 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 Alethea M. Sargent is prosecuting the case with the assistance of Kay Konopaske. The prosecution is the result of an investigation by the San Ramon Police Department and the ATF, with assistance from the Drug Enforcement Administration, the IRS, and Bureau of Customs and Border Protection.

According to localcrimenews.com, Faavesi has a history of arrests dating back to 2016, four times for burglary and once for robbery by multiple agencies. Tonga of San Mateo also has an arrest record dating to 2015 including for multiple DUI’s and receiving stolen property – motor vehicle. Topou of Oakland has a history of arrests also dating to 2015 including for burglary, robbery, battery with serious bodily injury and gun charges. Vehikite of San Ramon has at least two previous arrests in 2021 including for drug and ammunition charges.

Allen D. Payton contributed to this report.

Permanent injunction imposed against online education company for alleged violations of children’s privacy law

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Edmodo, LLC allegedly collected names, email addresses, phone numbers, device information, and IP addresses of approximately 36 million children under 13 for advertising purposes until approximately September 2022 and “retaining this personal information indefinitely”

The Department of Justice, together with the Federal Trade Commission (FTC), today announced that Edmodo, LLC (Edmodo) has agreed to a permanent injunction and a $6 million civil penalty in connection with its online educational platform, as part of a settlement to resolve alleged violations of the Children’s Online Privacy Protection Act (COPPA), the Children’s Online Privacy Protection Rule (COPPA Rule), and the Federal Trade Commission Act. The civil penalty is suspended due to Edmodo’s inability to pay.

The Edmodo educational platform, sold to schools throughout the United States, enabled teachers to interface with students, including children under 13 years old, to host virtual class spaces, conduct discussions, share materials, make assignments, and provide quizzes and grades, among other things. In a complaint filed in the U.S. District Court for the Northern District of California, the government alleges that, until approximately September 2022, Edmodo collected the personal information of children under 13, including their names, email addresses, phone numbers, device information, and IP addresses. Edmodo allegedly collected such information without providing notice to the children’s parents or obtaining parental authorization to collect such personal information, as required by the COPPA Rule, and used this personal information to enable third parties to display targeted advertising to student users between 2018 and September 2022.

According to a May 2023 article by Human Rights Watch, “Edmodo was a website and app widely used by children in kindergarten, elementary, and middle schools across the US until September 2022, when the company pivoted to only selling its product to governments. The company benefited from explosive demand in 2020, reporting a 1,500 percent increase in users in the first five months of the pandemic as governments and schools rushed to connect children to online learning.

An investigation by Human Rights Watch in May 2022 found that Edmodo was designed with the capacity to surveil children and harvest their personal data for advertising. Our technical analysis found that Edmodo could not only invisibly tag children and identify their devices for the sole purpose of advertising to them, but also enabled other advertisers to do the same by embedding ad-specific third-party code on its platform. After multiple requests for comment, Edmodo told Human Rights Watch in July 2022 that it did ‘not share [its students’] personal data with any Edmodo business partners or third parties.’”

The complaint further asserts that Edmodo was retaining this personal information indefinitely. As of March 2020, Edmodo retained the personal information associated with approximately 36 million student accounts, of which only one million were actively using the platform. This indefinite retention violated COPPA’s requirement that an operator not retain personal information of children for longer than “reasonably necessary to fulfill the purpose for which [the information] was collected.”

The stipulated order, entered by the federal district court yesterday, enjoins Edmodo from collecting personal information from children in a manner that violates the COPPA Rule and prohibits Edmodo from retaining children’s personal information for longer than reasonably necessary to fulfill the purpose for which it was collected. The order also enjoins Edmodo from collecting more personal information than reasonably necessary for a child to participate in any activity offered on its service. It also requires Edmodo to destroy personal information improperly collected from children under age 13 and to comply with reporting, monitoring, and recordkeeping requirements. Edmodo is also subject to a civil penalty judgment of $6 million dollars, which is suspended due to Edmodo’s inability to pay.

“Children do not lose their privacy protections when they use the internet,” said U.S. Attorney Ismail J. Ramsey for the Northern District of California. “Congress and the FTC have established rules to govern websites and apps collecting and storing the personal information of children. The settlement being announced today demonstrates the Department of Justice’s resolve to enforce those rules. We will continue to work with our partners at the FTC to safeguard children’s online privacy.”

“The Justice Department takes seriously its mission to protect the online privacy rights of children and their parents. This order spells out clearly to all online providers that it is unacceptable to collect children’s personal information without their parents’ consent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting against unauthorized online collection and retention of information, especially from children.”

“This order makes clear that ed tech providers cannot outsource compliance responsibilities to schools, or force students to choose between their privacy and education,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “Other ed tech providers should carefully examine their practices to ensure they’re not compromising students’ privacy.”

This matter was handled by Assistant U.S. Attorney Vivian Wang for the Northern District of California, Senior Trial Attorney James T. Nelson and Assistant Director Lisa Hsiao of the Civil Division’s Consumer Protection Branch, and Gorana Neskovic and Peder Magee of the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at www.FTC.gov.

Allen D. Payton contributed to this report.

CA attorney general announces four multi-billion dollar nationwide opioid settlements

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Today’s commitment by CVS, Walgreens, Teva, and Allergan is an important milestone in California’s efforts to address epidemic

OAKLAND – June 9, 2023 — California Attorney General Rob Bonta announced four multi-billion opioid settlements with pharmacies CVS and Walgreens and manufacturers Allergan and Teva are moving forward. The settlements are together worth up to $17.3 billion and address the companies’ role in the opioid crisis. The Walgreens and CVS deals are the first multistate settlements to hold chain retail pharmacies to answer for their role in the crisis. Today’s announcement is an important milestone in California’s efforts to address an epidemic that has destroyed communities and ripped apart families.

“We’ve made historic strides forward in our fight for justice and relief for Californians hurt by the opioid crisis,” said Attorney General Bonta. “Nothing can bring back the lives lost or erase the suffering caused by this crisis, but we are making sure those who caused it and profited from it are held to account for their greed and willful misconduct. These hard-fought and hard-won settlement funds will be critical in supporting victims and getting them the help they need to recover. I am proud of the work put in by my team and by our partners across the nation in making these wins possible.”

Opioid manufacturers Allergan and Teva have committed to move forward with settlements for up to $2.37 billion and $4.25 billion, respectively, to resolve allegations that, among other things, the companies deceptively marketed opioids by downplaying the risks of addiction and overstating their benefits. If the settlements are approved by the court, California may receive up to approximately $375 million from the Teva settlement and up to approximately $205 million from the Allergan settlement. The settlements with the opioid manufacturers also include strong injunctive relief that prohibits opioid-related marketing by Teva while Allergan is prohibited from selling opioids for the next 10 years.

Chain pharmacies CVS and Walgreens also committed to moving forward with national settlements worth up to $5 billion and $5.7 billion, respectively, to resolve claims that the companies ignored signs of prescription abuse and failed to prevent drug diversion. If approved by the court, California may receive up to approximately $470 million from the CVS settlement and up to $510 million from the Walgreens settlement. CVS and Walgreens have also agreed to injunctive relief that requires the pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. A final agreement with Walmart, worth up to $3.1 billion, is not being announced today; however, that settlement is expected to move forward in the coming weeks.

Since the first wave of the opioid epidemic hit the United States in 2000, it has taken hundreds of thousands of lives, torn families apart, and eroded the social fabric of communities. Its toll has continued to grow year after year. Data from the Centers for Disease Control and Prevention (CDC) indicate that in 2021, more than 80,000 people may have died of overdose deaths involving opioids in the U.S., and over 11,200 of those deaths took place in California.

The opioid manufacturers, distributors, and pharmacies who helped fuel the crisis through their unlawful practices and profited from it are at the center of Attorney General Bonta’s fight for justice and relief.  To date, the California Department of Justice has secured approximately $50 billion in nationwide settlements and expected settlements, including with opioid manufacturers Johnson & Johnson, Mallinckrodt, and Purdue Pharma L.P. and the Sackler family; distributors Cardinal Health, McKesson, and AmerisourceBergen; and consulting firm McKinsey & Company.

  • In March of 2022, Attorney General Bonta announced a $6 billion conditional settlement with Purdue Pharma and the Sackler family over their alleged deceptive and illegal marketing and sales practices, in an agreement that would also allow the family’s name to be removed from buildings, scholarships, and fellowships.
  • In February 2022, a bankruptcy court confirmed a plan that would allow an agreement between certain states, including California, and Mallinckrodt, the largest generic opioid manufacturer in the United States, to move forward. That settlement includes an expected $1.6 billion payment by the company to a trust that would benefit public and private opioid-related claimants.
  • In July 2021, Attorney General Bonta announced a $26 billion settlement, which was finalized in Spring 2022, with Johnson & Johnson, which manufactured and marketed opioids, and Cardinal Health, McKesson, and AmerisourceBergen, the nation’s three major pharmaceutical distributors. It was the second largest multistate agreement in U.S. history, and its terms bar Johnson & Johnson from being involved in selling or promoting opioids for a decade and require the distributors to monitor, report, and share data about suspicious activity related to opioid sales.
  • In February of 2021, the Attorney General announced a $573 million settlement with one of the world’s largest consulting firms, McKinsey & Company. The settlement resolves California’s investigation into the company’s role in advising opioid companies (including OxyContin maker Purdue Pharma) in the promotion and sale of their drugs.

These settlements are expected to bring in billions in funding for California communities, which will, among other things, be used to:

  • Increase support for substance-use disorder facilities and improve infrastructure for treatment.
  • Address the needs of communities of color and vulnerable populations, including those who are unhoused.
  • Strengthen availability of Naloxone (also known as NARCAN) or other FDA-approved overdose reversal drugs.
  • Double down on interventions for drug addiction in vulnerable youth and supporting those in the juvenile justice system with treatment options.
  • Improve training and resources for law enforcement and first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs, including with regard to addressing the needs of criminal justice-involved persons with opioid-use disorder and mental health issues.
  • Implement best practices for outreach, diversion, and deflection.
  • Support job creation programs to help connect those recovering from substance use disorders with gainful employment and pathways to financial stability.
  • Improve data-sharing and management systems to detect suspicious activity, including with regard to the prescription of controlled substances.

 

49 state attorneys general file lawsuit against telecom company over billions of illegal robocalls

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An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be heard here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.”

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

  • Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
  • Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”;
  • Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
  • Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California.

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.

 

Mortgage company president guilty on 100 felony counts in $7 million statewide fraud scheme

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Robert Sedlar of Grand View Financial LLC which operated in the counties of Contra Costa, San Diego, San Mateo, Alameda, San Joaquin, Placer, Solano, Mendocino, San Francisco, El Dorado, and Sacramento. 

OAKLAND —  California Attorney General Rob Bonta announced Friday, May 12 the former president of a purported mortgage “investment” company, Robert Sedlar, has been convicted of 100 felony counts for operating a mortgage fraud scheme throughout California. The scheme resulted in a combined loss of over $7 million. The victims, including people who were elderly and in financial distress, sought mortgage relief services from Grand View Financial LLC in the counties of Contra Costa, San Diego, San Mateo, Alameda, San Joaquin, Placer, Solano, Mendocino, San Francisco, El Dorado, and Sacramento. The operators of Grand View Financial—Steven Rogers, Robert Sedlar, and Audrey Gan—were previously indicted by a grand jury in the Sacramento Superior Court for conspiracy, grand theft, elder abuse, filing false or forged documents in a public office, and engaging in a prohibited act as a foreclosure consultant. Steve Rogers and Audrey Gan entered guilty pleas before trial, and Robert Sedlar, president of the company, proceeded to trial in March 2023 on all counts. Today, Robert Sedlar was found guilty of Conspiracy as well as multiple counts of Filing a False Document, Grand Theft, Elder Abuse, and Prohibited Acts by a Foreclosure Consultant. He will be sentenced on July 21, 2023.

“Let this be a strong warning to anyone seeking to steal people’s hard-earned money: We will find you, and we will hold you accountable,” said AG Bonta. “Individuals who prey on vulnerable communities to enrich themselves will be held accountable by the California Department of Justice. My office will continue to work with our law enforcement partners to identify and prosecute those who disregard the rule of law.”

Between 2015 and 2019, the defendants conspired to steal money and homes from distressed homeowners using a company called Grand View Financial LLC. The company advertised assistance to desperate homeowners facing foreclosure. The defendants promised consumers that if they transferred title of their house to Grandview Financial and paid money, the company would eliminate the mortgage lien and deed the home back to the homeowner, clear of any liens. During this time, the defendants filed false court documents, false documents with the county recorders offices, and false bankruptcies that stalled the foreclosures but did nothing to eliminate the liens, all while collecting funds from the victims. Every single victim lost their home as a result.

The indictment and arrests are the result of a joint investigation by the California Department of Justice, Fraud and Special Prosecutions Section and White Collar Investigation Team; the United States Office of Inspector General, Federal Deposit Insurance Corporation; the United States Office of Inspector General, Federal Housing Finance Agency; the United States Trustee Program; the United States Marshals Service; the Stanislaus County District Attorney’s Office; and the El Dorado County District Attorney’s Office.

A copy of the charges can be found here.

 

Antioch Police Chief pledges full cooperation with CA DOJ, announces acceptance into new Trust Building Campaign with 25 Key Policies

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Source: IACP

By PIO Ashley Crandell, Antioch Police Department Community Engagement Unit

On May 10, 2023, California Attorney General Rob Bonta announced the Department of Justice (DOJ) has launched a civil rights investigation into the Antioch Police Department. Chief Steven Ford welcomes this investigation and pledges full cooperation with DOJ officials, just as we have done with the joint FBI-Contra Costa DA investigation already taking place. We understand the importance of ensuring our policies, procedures, and practices are in line with expectations of 21st Century Policing.

In furtherance of our commitment toward meaningful reform, the Antioch Police Department is pleased to announce that we have joined other progressive policing agencies across the United States (and globally) in pledging to enhance trust and collaboration between police and the community we serve. The pledge is part of an initiative called the Trust Building Campaign which was started by the International Association of Chiefs of Police (IACP), the world’s largest and most influential professional association for police leaders. In joining the Trust Building Campaign, the Antioch Police Department has pledged to implement 25 key policies and leading practices within a 36-month period.

As we complete the Trust Building Campaign pledge, the Antioch Police Department will prioritize actions encouraging positive community-police partnerships within six focus areas (bias-free policing, use of force, leadership and culture, recruitment, hiring, and retention, victim services, and community relations). These areas and their associated key practices are designed to promote safe, effective interactions, create strategies to prevent and reduce crime, and improve the wellbeing and quality of life for all.

In a world where information is spread so quickly, it is critical, now more than ever, that law enforcement have the trust of the community that they will provide truth, transparency, and justice.

Through the Trust Building Campaign, the IACP is committed to addressing these, and other issues, on a national and international level.

Statement from Chief Steven Ford:

“We are excited to announce this partnership with the IACP Trust Building Campaign. This initiative aligns with our Strategic Plan goals that we have been progressively implementing during our Public Safety Partnership and emphasizes our commitment to advancing public safety practices through community engagement, transparency, and bias-free policing. We look forward to collaborating with our community stakeholders, justice partners, and industry experts to ensure success in meeting the goals of this campaign.”

For more information about the Trust Building Campaign, visit the IACP’s website at https://www.theiacp.org/iacp-trust-building-campaign.

25 Key Policies and Promising Practices

  1. Establish a policy on bias-free policing.
  2. Increase transparency and accountability of police use of force. Publish use of force and complaint process policies.
  3. Provide officers with training and coaching on cultural responsivity.
  4. Train officers on the unique makeup and needs of their communities based on country of origin, religious and cultural practices, etc. which may conflict with local laws.
  5. Adopt the elements of the National Consensus Policy on Use of Force into the agency’s policies and procedures. Publish use of force policy
  6. Provide regular training on the agency’s use of force policy. Training should include scenario-based exercises that incorporate de-escalation techniques.
  7. Document all use of force beyond handcuffing in agency records. Review these records on an annual basis to identify trends that need to be addressed in policy and training.
  8. Participate in the National Use of Force database.
  9. Establish an agency policy or statement that recognizes the sanctity of life and the importance of preserving human life during all encounters. Adopting the IACP Oath of Honor will meet this requirement.
  10. Participate in accreditation, certification, or credentialing process that has an independent organization that reviews an agency’s policies and procedures.
  11. Ensure training and policy reflect a culture of equity, diversion, inclusion, accountability, and that promote procedural justice for community members and employees alike.
  12. Establish an employee wellness program that includes both physical and mental health.
  13. Conduct a culture assessment of the organization, with steps taken to address areas of concern.
  14. Provide body armor to officers and require the wearing of soft body armor while on uniformed patrol.
  15. Embrace the guardian officer rather than the warrior mindset in recruiting and training.
  16. Establish minimum educational standards or equivalency requirements that can be met by prior life experience. Provide officers with the opportunity for advanced education and training opportunities.
  17. Verify potential hires with the national decertification database before hiring experienced officers.
  18. Include measures of problem-solving, trust-building, and cultural responsivity in metrics of officer performance.
  19. Train officers in Trauma-Informed Responses.
  20. Train officers on best practices, resources, and tools for communicating with community members who do not speak English or whose ability to communicate is impaired.
  21. Establish partnerships to provide for mental health, substance abuse, and youth deflection/diversion resources in their community.
  22. Educate communities on the dynamics of policing and set reasonable expectations for their police. Establish shared expectations of the role police have in the community and solicit review and input from the community on agency policies and procedures.
  23. Establish a clear and timely complaint process that does not require written or sworn statements to submit. Complaint processes and policies should be accessible to all.
  24. Conduct a regular recurring survey of the community to measure the level of trust in the police.
  25. Establish written strategies to engage with youth and marginalized groups in the community to develop positive relationships with police officers and how to interact safely with police.

 

 

 

CA Attorney General Bonta launches civil rights investigation into Antioch Police Department

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Review comes amidst allegations of bigoted text messages and other potentially discriminatory misconduct 

OAKLAND — California Attorney General Rob Bonta today announced initiating a civil rights investigation into the Antioch Police Department (APD). The investigation will seek to determine whether the law enforcement agency has engaged in a pattern or practice of unconstitutional policing amid deeply concerning allegations relating to bigoted text messages and other potentially discriminatory misconduct. If, through this investigation, the Attorney General’s Office determines that unlawful activity or practices took place, the office will also determine what potential actions are needed to ensure comprehensive corrective action takes place at APD.  (See related articles here and here)

“It is our job to protect and serve all of our communities,” said Attorney General Bonta. “Police departments are on the front lines of that fight every day as they work to safeguard the people of our state. However, where there are allegations of potentially pervasive bias or discrimination, it can undermine the trust that is critical for public safety and our justice system. It is our responsibility to ensure that we establish a culture of accountability, professionalism, and zero tolerance for hateful or racist behavior, on or off duty.”

Under the California Constitution and California Civil Code section 52.3, the Attorney General is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law. As opposed to a criminal investigation into an individual incident or incidents, a pattern or practice investigation typically works to identify and, as appropriate, compel the correction of systemic violations of the constitutional rights of the community at large by a law enforcement agency. With regard to the Antioch Police Department, the Attorney General has made no determinations at this time about specific complaints, allegations, or the agency’s overall policies and practices. The Attorney General’s independent investigation of APD is separate from ongoing or potential administrative or criminal investigations at the local and federal levels.

As interaction and cooperation with the community is at the core of law enforcement’s work to provide public safety and create public trust, the Attorney General encourages anyone with information relevant to this investigation to contact the California Department of Justice’s Civil Rights Enforcement Section at Police-Practices@doj.ca.gov. Members of the public may also send information to the California Department of Justice in other languages. During the course of the investigation, attorneys and special agents at the California Department of Justice will work diligently to consider all relevant information, including from community members and organizations, local officials, oversight entities, Antioch Police Department, and individual officers.

Attorney General Bonta is committed to strengthening trust between local law enforcement and the communities they serve as one key part of the broader effort to increase public safety for all Californians. In February, Attorney General Bonta launched an investigation into allegations of excessive force at the Riverside County Sheriff’s Department. Last year, the Attorney General assumed responsibility for the Los Angeles County Sheriff’s Department’s investigation related to contracts awarded to a local nonprofit. He worked with authorities in San Francisco to help ensure the continuation of local oversight efforts related to officer-involved shootings, in-custody deaths, and severe uses of force. Attorney General Bonta also opened a pattern or practice investigation into the Santa Clara County Sheriff’s Office. In 2021, the Attorney General launched an independent review of the Torrance Police Department and secured a stipulated judgment against the Bakersfield Police Department requiring an extensive range of actions to promote public safety. Attorney General Bonta also established the Racial Justice Bureau within the Civil Rights Enforcement Section to, among other things, help address issues of implicit and explicit bias in policing.

 

Alamo man charged with running $39 million Ponzi scheme

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Derek Vincent Chu faces up to 20 years in prison and $250K fine for each count of wire fraud

SAN FRANCISCO – A federal grand jury indicted Derek Vincent Chu, charging him with crimes related to an alleged $39 million Ponzi scheme involving over 100 victims, on April 26, 2023, announced United States Attorney Ismail J. Ramsey, Internal Revenue Service – Criminal Investigation (IRS-CI) Special Agent in Charge Darren Lian, and FBI Special Agent in Charge Robert K. Tripp.

According to the indictment, between late 2013 and 2020, Chu, 41, of Alamo, Calif., used several companies to raise $39 million by fraudulently soliciting investments in the purchase and resale of professional basketball tickets and luxury suites at Oracle Arena, in Oakland, California; the Staples Center, in Los Angeles, California; and the Chase Center, in San Francisco, California. The indictment further alleges that Chu induced investors by making numerous materially false misrepresentations, including how the investor funds would be used, how investors would be repaid, and whether the investments were secured by collateral.

According to the allegations in the indictment, Chu commingled the investors’ money between his own personal accounts and his companies’ accounts, which resulted in investor money being used to repay other, earlier investors, and for other unrelated expenses. Furthermore, the indictment alleges that Chu misappropriated and diverted more than $7.3 million of investor funds for his own personal benefit, which included paying credit card debts; making cash withdrawals; paying for travel, luxury automobile and jewelry purchases; and paying utilities bills, among other things.

The indictment charges Chu with eight counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, and three counts of money laundering, in violation of 18 U.S.C. §§ 1957 and 2.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Each wire fraud count has a maximum statutory sentence of 20 years in prison and a fine in the amount of $250,000. Each money-laundering count has a maximum statutory sentence of 10 years in prison and a fine in the amount of $250,000. The court also may order a term of supervised release, fines or other assessments, restitution, and forfeiture, if appropriate. 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.

Chu was arrested this morning and made an initial appearance before the Hon. Laurel Beeler, U.S. Magistrate Judge for the Northern District of California. Chu’s next appearance is scheduled before Judge Beeler on Wednesday, May 10, 2023, for appearance of counsel.

The Special Prosecutions Section of the United States Attorney’s Office for the Northern District of California is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the San Francisco Police Department.

Individuals who believe that they may be a victim in this case should contact the United States Attorney’s Office for the Northern District of California’s victim specialists by email at: USACAN.DCVictimAsst@usdoj.gov.

 

13 arrested in multi-agency Contra Costa anti-human trafficking operations

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Part of statewide Operation Reclaim and Rebuild, 30 survivors identified

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

Partners working in collaboration with the Contra Costa Human Trafficking Task Force made 13 arrests during a weeklong statewide effort to recover survivors of human trafficking and apprehend their exploiters.

As a part of the statewide Operation Reclaim and Rebuild, task force partners conducted eight separate anti-human trafficking operations throughout Contra Costa County from January 23rd through January 28th, 2023. Their efforts yielded 13 arrests of suspected human traffickers and the identification of 30 survivors of human trafficking. All the victims had the opportunity to speak with a specialized human trafficking victim advocate and were offered services.

“My office stands ready to evaluate these cases for prosecution and hold traffickers accountable for their exploitation of vulnerable members of our community,” noted District Attorney Diana Becton.

The suspects were arrested on one or more of the following human trafficking or human trafficking related offenses: sex trafficking of an adult, a minor, pimping, and pandering. [PC236.1(b), PC236.1(c), PC266h, and PC266i].

Task Force Director, Katrina Natale, emphasized that “without the careful planning and collaborative efforts of a wide array of law enforcement and victim services partners, the important outcomes achieved through these operations would not have been possible.”

Participating agencies included, in alphabetical order:

  • Brentwood Police Department
  • California Department of Alcoholic Beverage Control
  • California Department of Corrections and Rehabilitation
  • California Department of Industrial Relations
  • California Employment Development Department
  • California Highway Patrol
  • Community Violence Solutions
  • Concord Police Department
  • Contra Costa County District Attorney’s Office
  • Contra Costa County FBI Safe Streets Task Force
  • Contra Costa County Parole Department
  • Contra Costa County Probation Department
  • Contra Costa County Sherriff’s Department
  • Federal Bureau of Investigations
  • Hercules Police Department
  • Homeland Security Investigations
  • International Rescue Committee
  • My Sister’s House
  • Northern California Regional Intelligence Center
  • Pinole Police Department
  • Pittsburg Police Department
  • Pleasant Hill Police Department
  • Richmond Police Department
  • San Pablo Police Department
  • San Ramon Police Department
  • Victim Services Division (FBI)
  • Victim Witness Assistance Program (CCCDA)
  • Walnut Creek Police Department

The Contra Costa Human Trafficking Task Force is co-led by the Office of the District Attorney for Contra Costa County and Contra Costa Human Trafficking Task Force Community Violence Solutions, a community-based 24-hour service provider for survivors of sexual assault and human trafficking. Founded in 2018, the Task Force aims to eradicate all forms of human trafficking in Contra Costa County through collaborative, multidisciplinary efforts to identify and support victims of human trafficking and to hold traffickers accountable through effective prosecution.

Anyone with information on suspected human trafficking (sex or labor) or related crimes is encouraged to make a report to your local law enforcement agency or the District Attorney’s Human Trafficking Tip Line (925) 957-8658.

 

Wrong way driver in fatal Hwy 4 crash released from custody to U.S Marshals

By Leave a Comment

Richmond suspect driving with suspended license for prior DUI

By CHP Contra Costa

Tuesday morning Dec. 13, 2022, at about 11:05am, CHP Contra Costa was advised of a wrong way driver traveling westbound in the eastbound lanes of Hwy 4 near Railroad Avenue. The wrong way vehicle (Dodge Durango) continued westbound in the eastbound lanes and collided head on into a Honda Accord traveling in the eastbound lanes of Hwy 4. Following the initial crash, the Honda was struck by a Toyota Highlander and was struck a third time by a three-axel tanker truck that were also traveling eastbound. All involved vehicles sustained major damage and came to rest within the eastbound lanes.

Following the crash, the driver of the Dodge fled the scene on foot but was apprehended by Pittsburg Police Department that came upon the scene shortly after.

The Honda was occupied by one adult driver and one adult passenger. The driver sustained fatal injuries and was pronounced deceased on scene and the passenger was transported to the hospital for major injuries. The Toyota was occupied by one adult driver and one infant passenger. Both occupants were transported to the hospital for complaint of pain injuries. The tanker truck was occupied by an adult driver who was uninjured.

According to a Mercury News report, the Contra Costa Coroner’s Office identified the victim as James Kuang age 50. Attempts to reach the Coroner’s Office to determine the victim’s city of residency were unsuccessful Friday.

CHP Contra Costa PIO Adam Lane said Friday that the wrong way driver is Michael Armstrong age 53 of Richmond was booked on charges of murder, DUI resulting in injury, driving the wrong way resulting in injury or death and driving with a suspended license for a prior DUI.

According to Contra Costa DA’s Office PIO Ted Asregadoo, “the suspect was released from custody from the Martinez Detention Facility on Thursday by the U.S. Marshals because of a federal matter. So, CHP will not be bringing the case to the DA’s office for filing charges, today.”

At this time, it is believed drugs and/or alcohol impairment may have been a factor in this crash. This incident is still under investigation. If anyone witnessed this crash, the wrong way vehicle prior to the crash, or the events leading up to the crash, please contact CHP Contra Costa in Martinez at (925) 646-4980. Thank you.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.