Contra Costa Herald

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

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

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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.

Pittsburg steel plant may lay off 635 in July

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USS-POSCO workers. Photo courtesy of the company website.

By Dave Roberts

Six hundred and thirty-five employees at USS-POSCO Industries in Pittsburg may be laid off July 10, according to a warning notice the company filed with the California Employment Development Department. The potential, temporary layoffs, which were filed under the state’s Worker Adjustment and Retraining Notification system, comprise the largest chunk of more than 3,000 layoffs filed by 42 California companies in May.

USS-POSCO filed the layoff notice on May 9 and it remains to be seen whether it goes through with the layoffs.

However, Kevin Romick, a manager at the Pittsburg plant said “It is my understanding that there are no layoffs that are imminent. The business conditions dictate we are required by law to post this type of letter if we anticipate laying off more than 50 people.”

“We’re hoping and expecting business to pick up,” he added.

The plant filed a similar notice 3½ years ago. At that time, George Kunst, general manager of employee relations for USS-POSCO, told the San Francisco Business Times, “We have issued a WARN notice on a periodic basis due to economic uncertainty. We have no immediate plans to lay off anybody. We have had periodic layoffs for the last several years.”

The company processes hot-rolled steel so that it can be used for items such as office furniture, building materials, containers, conduit and automotive parts, according to the article.

The first Pittsburg steel facility opened in 1910 as a 60-man foundry under the name of Columbia Steel. In the 1920’s, the plant expanded to include the West’s first nail mill, and later, the first hot dip tin mill west of the Mississippi, according to the company’s website. Today it’s a joint venture company of U.S. Steel Corporation and POSCO of the Republic of South Korea.

The company receives mixed reviews from employees on the Glass Door employment review site. Positive comments include good pay, benefits and interesting work environment. Negative comments include lack of work, unmotivated employees and unfair management. Under the “advice to management” category, one worker wrote, “Treat everybody the same. Quit trying to police everyone and pay attention to Quality and Preventive Maintenance. There’s a reason we went from number one to the bottom of the totem pole.”

Morgan Territory Road culvert repair, June 14-16

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Culvert work on Morgan Territory Road is scheduled for June 14th through June 16th between 9:00 a.m. and 4:00 p.m. The work will occur approximately 8 miles south of the Morgan Territory Road temporary signal. Drivers can expect 30 minute delays and are encouraged to use an alternate route during this time. Signage will be placed in advance of the culvert work to alert drivers of the work and anticipated delays.

BART Board backs Brentwood Transit Center

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The BART Board of Directors, at their May 11th meeting, approved a resolution of support for the proposed Brentwood Transit Center and Mokelumne Trail Bridge.  If built, the transit center could initially be served by Tri Delta Transit buses and could eventually become a station for a future eBART extension.

“This resolution from the BART Board is an important step in showing the strong regional support for building the Brentwood Transit Center,” said BART Director Joel Keller.  “The transit center would remove approximately 1,000 cars from Highway 4 for more than four miles past the Antioch eBART Station by providing parking for customers taking Tri Delta Transit to BART.”

The resolution calls on BART to work with the city of Brentwood, Tri Delta Transit and the Contra Costa Transportation Authority to explore the idea of the Brentwood Transit Center.  This would include working with Brentwood on the Specific Plan being initiated now.

The decision by the BART Board comes after the Brentwood City Council in March voted unanimously to explore building a transit center near the intersection of the Mokelumne Multi-use Trail and State Highway 4.  The Brentwood City Council is also supporting the construction of a pedestrian and bicycle bridge over Highway 4 to improve access to the site.

In 2014, BART conducted a next segment study to look at possible stops for a future eBART extension.  Six locations were studied and it was determined that the site near Highway 4 and the Mokelumne Trail was the preferred terminus of a future eBART extension beyond Antioch.  The transit center proposal is also on the list of projects for Plan Bay Area 2040 with partial funding.

The BART Board’s support for the transit center comes as construction is underway on the eBART line into eastern Contra Costa County.  That 10-mile extension will run from the Pittsburg/Bay Point Station in the median of Highway 4 and includes stops at the new Pittsburg Center Station and the Antioch Station near Hillcrest Avenue.  The eBART project will use independently propelled railcars known as Diesel Multiple Units (DMUs) that will operate on standard gauge rail.

It is anticipated that eBART service will launch in May of 2018.

Guest Commentary: Even in a deadly public safety crisis change takes time, and people die

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By Bryan Scott

People are dying in East County, homes are burning down, and residents are paying dramatically escalating insurance premiums, often increasing by over 200%.

The fire district serving the needs of over 110,000 people in two cities, half a dozen unincorporated communities, and spread over 249-square miles of Contra Costa County is critically underfunded.

The state of California set-up the funding for these services in the 1980’s, when all that was needed were several groups of volunteer firefighters to serve 8,000 people in a couple of East Contra Costa County farming communities.  The need for fire and emergency medical services in East County has changed dramatically in the last 40 years, and the population has grown to over 110,000 residents.

All fire districts in California are funded with property tax revenues.  A permanent solution to this funding problem requires reallocating some of these property tax funds from the current recipients to the fire district.

Contra Costa County Fire Protection District receives ~14% of the property tax revenue.  The fire district covering the San Ramon Valley gets ~15%, and the fire district serving the Moraga-Orinda area is funded at~ 21%.

The East Contra Costa Fire Protection District (ECCFPD) gets less than 8%.

A survey conducted last Fall found that on a per-person basis ECCFPD gets about $106 each year, compared to $349 per-person for San Ramon Valley and $366 for Moraga-Orinda fire districts.  This unequal funding is to provide essentially the same services to county residents who pay the same property tax rate.

Gus Vina is the City Manager of Brentwood, and Bryan Montgomery is the City Manager of Oakley.  Combined, these two these public administrators are responsible for managing the safety of 100,000 residents.  They have a moral, if not legal, duty to ensure the safety of their employers, the taxpaying residents of their respective cities.

Both City Managers should be applauded for their efforts in dealing with this crisis.

In 2015 a government-employee task force was formed, under the leadership of Vina, and temporary funding was obtained from the two cities and the County.  This funding kept a fourth fire station open for 18 months.

In 2016 both City Managers helped get a Utility User Tax (UUT) on the ballot in their respective cities, even though public opinion polling said the measures would gather only 40% support, at best, with the voters.  While a general tax measure of this type requires only a simple majority to pass, Brentwood’s vote came in at 39% in favor.  Support for the UUT in Oakley was less.

Both Brentwood and Oakley are now talking about another temporary funding contribution, along with the County.

These temporary band-aide funding measures, do not address the fundamental problem, the structural property tax funding deficiency.

It is too bad neither one of these municipal managers has gotten behind the permanent solution to the funding crisis, reallocating property tax funds.  But perhaps it is understandable.

The challenge here is that the money for a permanent fix comes from the current recipients of property tax funding.  These recipients include the cities both Vina and Montgomery are paid to run, Brentwood and Oakley.

And while they have endorsed short-term financial contributions, they have not worked towards the obvious and final fix to the funding crisis, the reallocation of property tax funds.

So, East County residents will continue to die, homes will continue to burn down, and insurance premiums will continue to go up.

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/.  

Etiquette classes at Freedom High in Oakley teach students life skills

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Freedom High students in the etiquette class learn how to properly set a table.

By John Crowder

Monday, May 8, marked the beginning of National Etiquette Week.  More than just a list of manners, proper etiquette allows people to know how to handle themselves in life’s important interactions.  How should you conduct yourself at a job interview?  How about at a formal dinner?  Do you know how to make a good first impression?  Are you able to make a public presentation?

These are just a few of the questions that are answered in classes taught by Mrs. Tina Hayes, author of Getting Ahead with Etiquette and the owner and founder of the School of Etiquette and Decorum.

Etiquette class students learn to properly greet each other.

For the last few weeks, Hayes has been teaching a class on ‘Etiquette for Success’ to the students of Freedom High School in Oakley.  Once a week, Freedom students meet after school and are taught the soft skills that are so valuable to success in school and in work, but that many no longer learn while growing up.  As Hayes explains, “There was a time when these skills were taught in the home, when families still came together regularly for the evening meal.  These days, that’s often not the case.  Yet, we all know how valuable these skills are for students who want to successfully navigate their high school and college years, and especially when they enter the world of work.”

Hayes has been offering etiquette classes throughout the Bay Area and beyond over the last decade.  Over the years, her classes have helped hundreds of people, both young and old, learn to be more confident and courteous, and to exhibit social graces.  The training sessions conducted by Hayes and her staff cover more than 80 topics, and can be presented as workshops, seminars, or even in personal coaching sessions.

According to Hayes, “Our training gives individuals that ‘edge’ that will help them succeed throughout life and make for a better, and brighter, future.”

Her students, and their parents, agree.  My son, Eddy Crowder, an 8th grader at Paideia Academy, has attended four etiquette classes during his Junior High years.

“These classes have really helped me be more confident at formal dinners, and when I speak with adults,” he said.  “Mrs. Hayes is a great teacher.”

Wanda Ransom, the mother of a college-bound son who participated in the College Preparedness Training Workshop said, “Thank you so much for polishing his skills.”

This summer, from June 26 through 30, the School of Etiquette and Decorum will be offering a Summer Etiquette Day Camp from 5:00 to 7:00 p.m. at the Lone Tree Golf and Event Center.  Two sessions will run concurrently, one for children (ages 6 – 12) and the other for teens (ages 13 – 17).  To learn more about these classes, or other offerings, contact Mrs. Tina Hayes at 925-519-0354 or visit the website at etiquetteschool.us.

Frazier designates section of Highway 4 to Sgt. Scott Lunger

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Sgt. Scott Lunger (Hayward Police Dept. photo)

Sacramento, CA – On Thursday, Assemblymember Jim Frazier (D – Discovery Bay) presented ACR 49 on the Assembly Floor that designates an eastern Contra Costa County portion of State Route 4 in memorial to Sgt. Scott Lunger for his service to public safety and personal contributions to his community.

“Sgt. Lunger’s sacrifice, made in the line of duty, deserves every bit of respect and recognition that can be give,” said Frazier. “Not only a dedicated officer of the law, Scott was also an active member of the East County community as a beloved volunteer coach for the Freedom High School girls’ softball team. We will miss Scott greatly and owe a debt of gratitude to him and his loved ones for their sacrifices.”

Lunger, 48, was a sergeant in the Hayward Police Department for 15 years, serving as a member of various specialty units, including the Special Duty Unit, Gang Task Force, and Special Weapons and Tactics team. As an avid sports fan, he loved the Oakland A’s, was a lifelong football fan and served as assistant coach for a high school softball program. Prior to his career in law enforcement, Lunger followed his father’s footsteps becoming a member of the International Brotherhood of Electrical Workers (IBEW) Local 595, working up to the position of general foreman. On July 22, 2015, Lunger was shot and killed during a routine traffic stop.

According to SFGate.com, Lunger, 48, was “a Brentwood resident and father of two grown daughters, was fatally shot after pulling over the erratic driver of a white pickup truck on a quiet street corner southwest of downtown Hayward. Lunger loved pitching a tent in the Sierra with his family. He loved riding horses, and he enjoyed sports. In his spare time, he was an assistant softball coach at Freedom High in Oakley, and he played on the Tri-Valley A’s baseball team in an over-45 league.”

Fire station in Knightsen to close June 30th

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East Contra Costa Fire Protection District Interim Fire Chief Brian Helmick sent the following message about the closure:

At the May 1, 2017, East Contra Costa Fire Protection District’s Board of Directors Meeting (ECCFPD), the ECCFPD Board reaffirmed the closure of Station 94 in Knightsen on June 30, 2017. Since May of 2015, the Knightsen station has been operating on a temporary basis with joint funding provided through a Memorandum of Understanding (MOU) between the Fire District, the County, and the cities of Brentwood and Oakley.

The current MOU provided temporary funding from May 1, 2015 through June 30, 2017. Both the cities of Brentwood and Oakley attempted to obtain permanent funding for additional fire stations through tax measures on the Novembers 2016 ballot. These measures failed.

A recent effort by the City of Brentwood, in conjunction with the County, the City of Oakley and the Fire District was unsuccessful in obtaining sufficient additional funding to retain staff and continue operation of the District’s 4th station. The Fire District sincerely extends its thanks on behalf of itself and the public to the agencies and their representatives who participated in this effort.

The closure of the station is driven primarily by the loss of staff in anticipation of the end of temporary funding. Currently the District has available only 32 of the 36 fire suppression personnel required to operate four stations. The available staff is expected to drop to 29 or 30 over the next few months. By June 30, 2017, the required staffing for four stations will be unsustainable and unsafe for firefighter personnel and ultimately the public.

The District looks forward to working with all stakeholders once the District has transitioned to a three-station operation and has reassessed its current situation. Over the next 3-4 months District staff and the Board of Directors will begin an assessment of the District’s current funding and service levels with a focus on the District’s critical retention challenges.

Since 2012, the District has lost 31 firefighters and only 5 have been from retirement. The primary loss of firefighters is due to: the lack of secured long term funding; the lack of job security for firefighters, and District pay and benefits substantially lower than other Fire Departments throughout the Area.

On July 1, 2017, the District will transition to operating with 3 stations and will assign all remaining additional firefighters, as available, to the 3 remaining District stations located in Brentwood, Oakley and Discovery Bay. The District plans to retain the CALFIRE Amador contract to Staff the Sunshine Station outside of fire season. There are no layoffs planned and the District hopes to retain all remaining staff on a permanent basis.

Following the Board’s approval of the Fiscal Year 2017-2018 budget in September, the District plans to lead a new collaborative effort with the community, the County, the Cities of Brentwood and Oakley, and Local 1230. The goal will be to fully explain the District’s situation and to receive input on the development of a District strategic plan to achieve the level of service and funding identified in the June 2016 CityGate “Deployment Performance and Headquarters Staffing Adequacy Study”.

On behalf of the ECCFPD, we thank the community, the cities of Brentwood and Oakley, and County officials for continuing to support the Fire District and its Members as we transition through these challenging times.

See video footage of the fire station from KRON4 News, here.

Antioch files claim with state water department demanding reimbursement for costs during times of high salinity

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Antioch’s water pump station on the river. Photo courtesy of Kathy Bunton, http://kayakingcaldelta.blogspot.com/

Dating back to 1968 Agreement, due to rerouting of water to the State Water Project

By Allen Payton

On Friday, the City of Antioch announced it has filed a claim with the State of California seeking relief for the Department of Water Resources’ (“DWR”) failure to perform specific key terms of an agreement between the State and Antioch dating from 1968 commonly referred to as the “1968 Agreement”.  The purpose of the 1968 Agreement is to mitigate the impacts of the State Water Project (“SWP”) on the City’s water supply.  The 1968 Agreement requires the DWR to reimburse the City a portion of Antioch’s cost to purchase substitute water when high salinity resulting from the SWP adversely impacts the City’s own water rights.

The key term of the 1968 Agreement at issue in the City’s claim is a clause that requires the DWR to grant Antioch substantially the same terms granted by the DWR to any other entity in the Delta.  This clause is commonly referred to as the “me-too” clause.

In March of 2016, the DWR entered into an Agreement with Contra Costa Water District (“CCWD”) to replace an existing 1967 agreement between the parties similar to the City’s 1968 Agreement.  Antioch contends that this new 2016 agreement grants CCWD substantially more favorable terms than those granted by DWR to Antioch under its present 1968 Agreement triggering the application of the me-too clause.  To date, the DWR has refused to perform the me-too clause granting Antioch terms substantially similar to those it granted to CCWD in 2016.

Additionally, analysis performed both by Antioch and the DWR indicates that the operation of the 2016 Agreement between CCWD and the DWR could potentially result in worsening water quality at Antioch.  These new potential impacts on the City’s water supply are not mitigated by the City’s 1968 Agreement. The DWR has so far refused to negotiate new terms to protect the City from these additional impacts resulting from the new CCWD agreement.  The City’s claim against the DWR includes a demand to mitigate or eliminate any such new adverse impacts to the City’s water supply.

Before city staff treats the water that it sends to customers, it usually pumps the raw water directly from the river. However, in 2015 and 2016 the city was forced to purchase 95% of its raw water from CCWD, because the salt water from the bay had intruded passed the Antioch’s intake water pumps along the river, off of Fulton Shipyard Road, next to the old boat launch. Antioch pays nothing for the water it pumps from the river, according to its pre-1914 riparian rights.