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Marsh Creek Road repair work during daytime, Mon.-Fri. from July 10-20

Expect delays

Contra Costa County Public Works Department will perform work on Marsh Creek Road from Deer Valley Road to the Clayton City limits from July 10 through July 20, 2017. The work will occur Monday through Friday between the hours of 8:30 a.m. and 4:00 p.m. to shape slopes and shoulders along the road edge where mudslides occurred during the winter storms.

The work may be rescheduled based on weather conditions. Electronic message boards will alert drivers of the scheduled work. There will be traffic control through the work area and drivers can expect delays of 10-15 minutes.

Guest Commentary: Current fire/EMS service model is broken in East County

By Bryan Scott

Across our nation one essential service that government provides is responding to calls for help.  Taxes are paid with the expectation that a reasonable response will be provided when members of the public need the police, the fire department, or emergency medical assistance.

Across our nation the first response to a 9-1-1 call is usually the police or fire department. The arrival of this first responder means that someone trained to handle a crisis is taking charge of the situation, be it a crime, a fire, or a medical emergency.

The time for this initial response is typically three-to-five minutes.  The City of Brentwood specifies a response time goal of three-to-five minutes for all emergency calls in their General Plan.  Service models everywhere include this goal.

In East County, it is intended that East Contra Costa Fire Protection District (ECCFPD) provide the first response for medical emergencies.  The May, 2017, ECCFPD 90% Response Time was 10 minutes 26 seconds for Brentwood West, and 9 minutes and 53 seconds for Brentwood East.

In cases where necessary follow-up assistance arrives later, once the first responders have assessed the situation, and perhaps stabilized it.

When the need is for emergency medical service this secondary response is an ambulance from a private business.  Contra Costa County provides this ambulance service for most parts of the county, including the service area of ECCFPD.

By contract this business, American Medical Response (AMR), has agreed to response time goals.  For the service area of ECCFPD (except Bethel Island) the contract states that an ambulance must be onsite for Priority 1 (Potentially Life-Threatening) Emergencies within 11 minutes and 45 seconds.

The National Fire Protection Association (NFPA) is an international standards organization that has developed response time standards for fire and emergency medical response organizations.

In the NFPA 1710 standard describing a fire district’s response to a medical emergency it says that, at a minimum, the fire district must be able to “… arrive within a four-minute (240 seconds) response time to 90 percent of all emergency medical incidents.”

This applies to the fire district whether they provide a fundamental First Responder (AED) trained staff or Basic Life Support (BLS) trained staff.

The NFPA 1710 standard describes the same response time for fire calls, “the fire department shall establish a time objective of four minutes (240 seconds) or less for the arrival of the first arriving engine company at a fire suppression incident, …”.

This public safety response model works when there is a first response in the four-to-five minute range, and a secondary response at 11 minutes and 45 seconds.

The response model does not work when both first and secondary responses arrive at the same time, or within a minute of each other.

Last month Brentwood residents needed to call 9-1-1 for help 338 times.

In the Brentwood West area the response time was 1,190 minutes longer than the nationwide goal, using the 90% response time numbers.  Collectively that’s nearly 20 hours late in one month.

For Brentwood East the response time was 900 minutes longer than the nationwide goal, using the same 90% response time numbers.  In this aggregate case help arrived 15 hours late in a single month.

As with the financial investment disclaimers we see, these numbers are averages and may not reflect your individual performance, or the time it takes for you to get help, should you need it.

This public safety response model is plainly broken.  Government needs to take action to fix it.

Bryan Scott is a Brentwood resident and Co-Chair of East County Voters for Equal Protection, a non-partisan citizens action committee whose aim is to improve funding for the ECCFPD.  He can be reached at scott.bryan@comcast.net, or 925-418-4428.  The group’s Facebook page is  https://www.facebook.com/EastCountyVoters/.  

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

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

Charles Waldo. Photo from Contra Costa District Attorney

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

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

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

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

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

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

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

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

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

However, he was later acquitted of those charges.

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

Jose Canseco returns to Bay Area to play for Pittsburg Diamonds

Jose Canseco with a young fan during an autograph signing at Winter Chevrolet on Friday, June 23, 2017.

By Jesus Cano

America’s favorite pastime is alive and well in Eastern Contra Costa County. The Pittsburg Diamonds have played at City Park since 2014, and this week welcomed back to the Bay Area, former Major League slugger Jose Canseco, as he spent the weekend of June 23rd with the independent professional baseball team.

Canseco is best known for his tenure with the Oakland Athletics from 1982-1992, where nailed 209 homeruns and 647 RBIs. He and Athletic’s first baseman Mark McGwire formed the Bash Brothers. Along with that, he captured a World Series ring in the 1989 Battle of the Bay that was overshadowed by the infamous Loma Prieta Earthquake.

Canseco is no stranger to the city of Pittsburg, as this is his third year suiting up for the Diamonds. He states that his favorite part of being back in the East Bay is being able to be around the young players the Diamonds house.

“I try to help them out with all aspects of the game,” Canseco said. “A lot of players actually recommend coming out to Pittsburg to play so I’m really excited for this weekend.”

The Diamonds have been part of the Pacific Association of Professional Baseball Clubs since their inaugural season in 2014 when they were named the Pittsburg Mettle. In 2015 when ownership switched to hands of Khurram Shah, they commenced under the Diamonds brand paying homage to the team that played in the same area back in the 60s.

Shah wants everyone to be aware that Pittsburg is home to a minor league baseball team. Even if he brings Canseco out for a couple games, he hopes to generate life-long fans after this unique experience.

“We’re trying to build a fan base,” Shah said. “We want to see a repeat of people coming to ballpark consistently.”

Pittsburg took two out of the three game series against the Vallejo Admirals during Canseco’s weekend with the team, where the Diamonds improved to 11-9 on the season.

Shah highlights infielder Vinny Guglietti to be one of the top guys on the team. The Connecticut native is batting .420 with five homeruns and 27 RBIs. Wes Wallace is another player that makes a huge impact according to Shah as he is hitting .364 and five homeruns. Shah states Tyler Stirewalt is starting to showcase his pitching ability. Stirewalt has 1.92 ERA so far, this season.

The Diamonds’ next home game is Tuesday night, June 27 at 6:30 p.m., to begin another three-game series also against the Admirals. To learn more about the Diamonds visit www.diamondsproball.com.

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

Owned restaurants including one in Brentwood

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Former Antioch Police Officer and Wife, a Pittsburg Teacher Plead Guilty in Tax Fraud Scheme

Ana and Gary Bostick. Photo by www.nicolebartonphotography.com

Pittsburg residents face up to 20 year prison sentences; eight others including three more Contra Costa County residents also indicted in conspiracy

OAKLAND – The U.S. Justice Department’s Northern District of California announced, today, Thursday, June 15, 2017 that former Antioch police officer Gary Bostick and his wife, Ana Bostick, pleaded guilty to their respective roles in a scheme to illegally obtain money from the United States announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf.

Also indicted in the conspiracy were nine others, including three other residents of Contra Costa County. The indictment, unsealed on Dec. 9, 2015, charges the following additional defendants:

  • Hugh Robinson, of Richmond
  • Devonnie Davison, of San Pablo
  • Brandon Robinson, of El Cerrito
  • Ronald Blake, of Fort Worth, TX
  • Kyadrian Dennis, of Fort Worth, TX
  • William Odom, of Berkeley
  • Jamia Lewis, of Fairfield
  • Janel McDonald, of Los Angeles
  • Everardo Laurian, of Daly City

According to the indictment, from at least August 21, 2013, through April 27, 2015, the defendants conspired with one another to commit offenses against the United States, including theft of government money.  The scheme involved obtaining the names of deceased individuals, filing false tax returns in the names of the individuals, obtaining false identifications, and illegally cashing U.S. Treasury checks.

(Related press release: https://www.justice.gov/usao-ndca/pr/eleven-defendants-named-seventy-one-count-indictment-charging-conspiracy-commit-theft)

Gary Bostick, 39, and Ana Bostick, 37, both of Pittsburg, pleaded guilty to their respective roles the conspiracy.  The Honorable Jeffery S. White, United States District Judge, accepted Ana Bostick’s guilty plea on Tuesday, June 13, 2017, and accepted Gary Bostick’s guilty plea this morning. 6/16/17 UPDATE: Gary Bostick worked for the Antioch Police Department from July 30, 2007 to April 29, 2015 according to Nickie Mastay, Director of Human Resources for the City of Antioch. Ana Bostick is listed as a teacher at Black Diamond High School in the Pittsburg Unified School District. But there is no photo or information about her on the school’s webpage. On Friday morning, June 16, 2017, Nicole Mora, District Communications Public Relations Specialist said she had “learned about this, this morning”, was “looking into it” and waiting to speak with the principal and others before commenting. Please check back later for more details.

Then, in a later email received Friday afternoon, Mora released the following statement from the district: “Ana Bostick is employed by Pittsburg Unified School District as a teacher. Her current employment status for the 2017/2018 school year is a personnel matter and we have no other details to release at this time.”

According to the Bosticks’ plea agreements, between January and April of 2015, the conspiracy involved filing false federal income tax returns in order to obtain fraudulent federal income tax refunds and cashing stolen U.S. Treasury checks at Walmart stores throughout the United States.  Specifically, Gary Bostick admitted that in January 2015, he assisted in filing false tax returns with the IRS in the names of deceased individuals.  The defendants obtained names, dates of birth, and Social Security numbers from websites such as www.rootsweb.ancestry.com and www.ssnvalidator.com.  In order to receive payment, the conspirators directed the IRS to mail the fraudulently obtained U.S. Treasury checks to addresses he and his co-conspirators could access.  The conspirators cashed the U.S. Treasury checks at various Walmart stores.

Ana Bostick admitted that she aided her co-conspirators by, among other things, cashing two U.S. Treasury checks.  Ana Bostick admitted she requested another co-conspirator to send her photos of the two U.S. Treasury checks so that she could use the information on the checks to obtain fake identification that matched the names.  After obtaining the fake identifications, Ana Bostick cashed the two checks and kept the corresponding funds.

Gary Bostick’s participation in the scheme included traveling with two co-conspirators to Los Angeles to obtain stolen U.S. Treasury checks and then to Walmart stores in various areas, including Kentucky, to cash the checks.  The former police officer acknowledged that he supervised other individuals in the scheme, including managers and runners, who were responsible for cashing the fraudulent or stolen U.S. Treasury checks.  In sum, the conspiracy involved $720,530.40 in stolen U.S. Treasury checks.

On November 15, 2015, a federal grand jury indicted Gary Bostick, Ana Bostick, and their co-conspirators.  For her part in the scheme, Ana Bostick was charged with conspiracy to commit theft of public money, in violation of 18 U.S.C. § 371; two counts of theft of public money, in violation of 18 U.S.C. § 641; and two counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A.  She pleaded guilty to all charges.  For his part in the scheme, Gary Bostick was charged with conspiracy to commit theft of public money, in violation of 18 U.S.C. § 371; four counts of wire fraud, in violation of 18 U.S.C. § 1343; and four counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A.  He pleaded guilty to the conspiracy charge and to the wire fraud charges.  Pursuant to the plea agreement, the identity theft charges were dismissed.

Judge White scheduled Gary Bostick’s sentencing for September 19, 2017, and Ana Bostick’s sentencing for November 14, 2017.  The maximum sentence for conspiracy to commit theft of public money is five years in prison and a fine of $250,000.  The maximum sentence for theft of public money is ten years in prison and a fine of $250,000.  The maximum sentence for wire fraud is 20 years in prison and a fine of $250,000.  The maximum sentence for aggravated identity theft is a mandatory minimum of two years in prison and a fine of $250,000.  However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera and Trial Attorney Gregory Bernstein are prosecuting this case with assistance from Jonathan Deville of the Tax Division.  The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.