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Orinda man indicted by federal grand jury in $2.7 million scam against bank

August 29, 2019 By Publisher Leave a Comment

Alan Safahi. Photo from his LinkedIn profile.

Alan Safahi charged in connection with alleged bank and wire fraud scheme

SAN FRANCISCO – A federal grand jury indicted Alan Safahi on charges related to an alleged bank fraud scheme, announced United States Attorney David L. Anderson and Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Kareem Carter.

Safahi. June 1, 2013 photo from his Facebook page.

The indictment alleges that between June 2013 and September 2014, Safahi, 58, of Orinda, Calif., fraudulently entered into an agreement with a bank by which the bank was to be a backer for prepaid charge cards.  According to the agreement, Safahi’s company, Card Express, would issue and service the charge cards.  Further, the agreement required Card Express to fund 100% of the value of the cards and to turn over to the bank the total amount that the cards were supposed to be worth.  Instead of complying with the agreement, Safahi allegedly directed the employees of Card Express to maintain two sets of books.  One set of books maintained by Card Express was accessible to the cardholders and accurately reported the total amount for which the prepaid charge card was purchased, as well as the balance after any purchases.  The second set of books, however, was provided to the bank and fraudulently stated that the amount the cardholder spent on the day the card was used was the total value of the prepaid card.  Thus, Safahi caused the bank to believe the sponsored cards had much lower balances overall than they actually did have.

According to his LinkedIn profile, Safahi is also CEO and founder of ZED Network, a financial services company based in Ontario, Canada. An online search shows Card Express was based in Irvine, CA and was listed as a government contractor. A call to the company number was unsuccessful because it is disconnected.

The indictment further alleges Safahi fraudulently diverted funds that should have been turned over to the bank, i.e., the difference between the value of the cards and the amount Card Express reported to the bank was prepaid for the cards.  Safahi allegedly used some of the diverted funds to fund Card Express.  Safahi allegedly used other diverted funds to maintain his personal lifestyle, including by purchasing his home.  According to the indictment, on or about September 24, 2014, Safahi no longer was able to maintain sufficient cash flow to conceal his fraud and reported the true overall balance of the prepaid charge cards to the bank.  After reporting the true balance of the cards to the bank, Safahi promptly shut down Card Express, causing the bank and its customers to lose money.  According to the indictment, the overall balance of the charge cards Safahi reported to the banks on September 24, 2014, was approximately $2,735,531.27 larger than previously reported.

In sum, the indictment charges Safahi with bank fraud, in violation of 18 U.S.C. § 1344, four counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of money laundering, in violation of 18 U.S.C. § 1957.  Safahi made his initial appearance today and was released on a $250,000 bond.  The defendant was ordered to appear on September 13, 2019, at 11:00 a.m. before the Honorable Susan Illston for a status and trial setting conference.

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.  If convicted, the defendant faces a maximum sentence of 30 years in prison and a maximum $1,000,000 fine on each count of bank and wire fraud.  If convicted of money laundering, the defendant faces a maximum sentence of 10 years in prison and a maximum $250,000 fine.  In addition, the court also may order an additional term of supervised release, fines or other assessments, and restitution, if appropriate.  However, any sentence following conviction would 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. Attorney Robert David Rees is prosecuting this case with the assistance of Kathy Tat.  This prosecution is the result of an investigation by the Internal Revenue Service. Criminal Investigations.

Allen Payton contributed to this report.

Filed Under: Crime, Lamorinda, News

Rep. DeSaulnier to host Town Hall on climate change and the environment in Moraga Monday

August 24, 2019 By Publisher Leave a Comment

Rep. Mark DeSaulnier

Congressman Mark DeSaulnier (CA-11) will host a town hall to discuss climate change and the environment on Monday, August 26th at 6:30 p.m.

Congressman DeSaulnier will discuss the critical role the government plays in protecting our environment and the Trump Administration’s rollback of major environmental regulations that protect our air, water, wildlife, and open spaces.

This will be Congressman DeSaulnier’s 91st town hall and mobile district office hour since coming to Congress four years ago.

Climate Change & the Environment Town Hall

Monday, August 26, 2019

6:30 p.m. to 8:00 p.m.

Campolindo High School Multipurpose Room

300 Moraga Road, Moraga

Doors open at 6:00 p.m.

This event is open to the public, press, and photographers.

To confirm your attendance, please RSVP online at https://desaulnier.house.gov/town-hall-rsvp or call 925-933-2660. To request ADA accommodations or for more information contact one of Congressman DeSaulnier’s offices in either Walnut Creek or Richmond.

Filed Under: Government, Lamorinda, News

AAUW appoints Moraga woman to serve on Board of Directors

July 8, 2019 By Publisher Leave a Comment

Peggy Cabaniss. Photo courtesy of AAUW

Peggy Cabaniss, a financial planner and investment advisor form Moraga, California, has been named to the Board of Directors of the American Association of University Women (AAUW), a nonprofit organization that promotes equity and economic security for women and girls through research, education and advocacy.

“We are honored to have Peggy’s experience and expertise on our Board,” said Kim Churches, AAUW’s chief executive officer. “This is an important moment in time when we need to innovate a new approach to advancing gender equity, and Peggy will help us be at the forefront of breaking down barriers and building new pathways for girls and women.”

Cabaniss was the owner and co-founder of HC Financial Advisors, Inc., a fee-only financial planning and investment advisory firm in Lafayette. She has held leadership positions in the National Association of Personal Financial Advisors, including a stint as chair of its national board.

The American Association of University has more than 170,000 members and supporters across the United States, as well as 1,000 local branches and more than 800 college and university members. Since its founding in 1881, AAUW members have examined and taken positions on the fundamental issues of the day — educational, social, economic, and political. AAUW’s fellowships and grants have helped scholars and activists overcome barriers to education and advancement for 130 years. Work Smart, its free online salary negotiation course, has trained countless women in negotiation skills. Learn more at www.aauw.org.

 

Filed Under: Lamorinda, News, People

Lafayette-Moraga Regional Trail will be closed for Glenside Bridge replacement July 8-15

July 8, 2019 By Publisher Leave a Comment

By Dave Mason, Public Information Supervisor, East Bay Regional Park District

The Lafayette-Moraga Regional Trail will be temporarily closed – south of the Glenside Bridge approximately 200 feet to Glenside Drive and north of the Glenside Bridge approximately 350 feet – for bridge replacement and safety improvements. Construction activities will begin on July 8. The bridge will be closed beginning July 15.

The existing 1976 wood-beam bridge will be replaced by a lighter and stronger corrosion-resistant steel bridge. The new bridge will be two feet wider, resulting in improved trail capacity and safety.

“The existing bridge is aging and deteriorating,” said East Bay Regional Park District spokesperson Dave Mason. “Bridge replacement is necessary for the health and safety of the community.”

The project is being implemented in the summer to minimize the impact to the public, especially students who use the trail to get to and from school.

“The Park District is proud to provide another improvement to Lafayette residents and appreciates the community’s support and patience during the temporary closure,” said Mason. “The Park District is making every effort to complete the project before the start of school on August 13.”

The Lafayette-Moraga Regional Trail covers 7.65 miles and is part of the Park District’s Regional Trail system. The Park District manages over 200 miles of regional trails in Alameda and Contra Costa counties that serve as part of the region’s green transportation network.

 

Filed Under: Lamorinda, News, Parks

CHP investigates shooting in Caldecott Tunnel Sunday night

June 17, 2019 By Publisher Leave a Comment

By CHP – Oakland

At around 7:50 pm, Sunday, June 16, a vehicle was traveling westbound Highway 24 within Bore #4 of the Caldecott Tunnel when a freeway shooting took place. The driver was struck in the head. The driver’s passenger was also injured. This appears to be an isolated incident. Preliminary reports indicate the suspect vehicle may be white in color.

Both victims were transported to the hospital for non-lethal injuries.

While evidence was obtained CHP – Oakland personnel secured the scene and closed down the fourth bore, which was later reopened.

CHP – Golden Gate Division Investigative Services Unit will lead the investigation. If you have any information that can assist with this investigation please call CHP’s help line, 707-917-4491.

Filed Under: CHP, Crime, Lamorinda, News

BART to Antioch, former Lafayette city manager honored with first-ever Bay Area Metro Awards

June 6, 2019 By Publisher Leave a Comment

A two-car eBART train in the middle of Highway 4 between Hillcrest Avenue and A Street/Lone Tree Way. Herald file photo.

Among 13 winners named from across the nine-county region

Steven Falk. Photo by City of Lafayette.

The Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) joined forces to present the first Bay Area Metro Awards Thursday, at a ceremony in Oakland recognizing 13 people, projects, organizations and local governments advancing solutions to ease the Bay Area’s housing crisis, improve the transportation system or make the nine-county region more resilient.

Winners include:

BART to Antioch: For the 10-mile rail extension from the former Pittsburg terminus along the Highway 4 median to a pair of new stations at Pittsburg Center and Antioch.

Steven Falk: For his years of committed service to the city of Lafayette as city manager. He retired last September after 38 years working for the city.

UC Berkeley’s Y-PLAN Team: For the program that brought young people’s ideas into a regional challenge to develop community-based solutions to climate change.

Sonoma-Marin Area Rail Transit (SMART): For the successful start of rail service connecting Sonoma and Marin counties.

HayWired Earthquake Scenario: To the U.S. Geological Survey and partners for studying a hypothetical 7.0 magnitude quake in the East Bay to help shape public policy for earthquake safety and planning.

Pacific Beach Coalition: For organizing volunteers over the past 21 years to clean up beaches along the San Mateo Coast.

Acquisition of the 23rd Avenue Community Building in Oakland: To the Oakland Community Land Trust and others, permanently preserving it as an affordable, mixed-use building.

San Francisco Bay Restoration Authority: For work on the Clean Water, Pollution Prevention and Habitat Restoration Measure – Measure AA – which was approved by voters in 2016 to tax themselves to help restore Bay Area wetlands.

Joint Workforce Investment Apprenticeship Program: To a partnership between the Santa Clara Valley Transportation Authority (VTA), its Amalgamated Transit Union (ATU) Local 265, and Mission College to support the professional development of VTA employees.

San Leandro Homeless Compact: For the efforts of three partner organizations to end homelessness in the city of San Leandro: the city, the Rental Housing Association of Southern Alameda County, and the non-profit Building Futures with Women and Children.

Carl Guardino, Gabriel Metcalf and Jim Wunderman: For their dedicated and tireless work advocating for Regional Measure 3, the voter-approved 2018 measure which raised bridge tolls to fund transportation improvements and congestion relief projects.

LEGISLATIVE AWARD: Hon. Jim Beall, California State Senator.

GRAND AWARD: Recognizes three public transit operators and a public energy program for their work to save lives, protect communities and aid in rebuilding in response to the October 2017 North Bay fires:

  • Santa Rosa CityBus
  • Sonoma Clean Power, Advanced Energy Rebuild Program
  • Sonoma County Transit
  • Vine Transit (Napa County)

Launched jointly by ABAG and MTC in September 2018 with a call for nominations, the new awards program honors positive impacts on the Bay Area’s mobility, affordability, resilience and community; and recognizes efforts that make the region a better place to live, work and play.

“We honor this year’s winners to say thank you for the work they are doing and we hope that the winners’ stories will inspire others to strive for excellence in their daily tasks,” said ABAG President and MTC Commissioner David Rabbitt.

Winners received a specially designed Bay Area Metro Award at the recognition ceremony.  A six-member jury that included members of ABAG’s and MTC’s governing boards, as well as staff and a community representative, met to consider some 80 nominations in early 2019. The list of winners, with more details, can be found here: https://mtc.ca.gov/whats-happening/news/special-features/2019-bay-area-metro-award-winners.

 

Filed Under: BART, East County, Growth & Development, Lamorinda, News, Transportation

Attorney Ben Riley of Orinda ranked by Chambers in top 12 I.P. litigators in California

May 4, 2019 By Publisher Leave a Comment

Ben Riley. Photo from bzbm.com.

In their 2019 rankings of lawyers around the world, Chambers and Partners identified Ben Riley as one of the 12 top litigators in California in the category of Intellectual Property Litigation:  Trademark, Copyright & Trade Secrets. Riley is a resident of Orinda and a principal of the firm Bartko Zankel Bunzel & Miller, PLC in San Francisco.

For 30 years, the London-based firm of 200 researchers has conducted thousands of interviews to identify the top lawyers and law firms in the world.  Chambers requires that any applicant submit a detailed questionnaire about their practice and cases, and list 20 client and colleague references.  Then they conducted telephone and email interviews with each of the references.

From those interviews, Chambers published the following comments about him: “Benjamin Riley is ‘very organized, writes beautifully and is great in front of judges,’ report sources, further noting: ‘He’s very bright, quick to grasp technical and legal issues, and he’s very efficient.’ He is an experienced practitioner skilled in handling a broad range of contentious IP matters. He is particularly highlighted for his expertise in trade secret disputes.”

The full ranking may be found here.

Riley serves on the firm’s executive committee and has tried nearly 30 cases to verdict including jury trials, court trials, and complex arbitrations. His practice focuses on Intellectual Property Litigation, including patents, trade secrets, copyrights, trademarks and license disputes. He also has an active practice in Business Litigation, including class action defense, defense of “consumer claims” under the Lanham Act and unfair competition statutes, accounting issues, and real property litigation.

Riley also represents companies in connection with director and officer, securities, fiduciary duty, and internal investigation issues, and obtained a defense verdict in a six-week securities class action jury trial. Finally, Mr. Riley represents private clients and charities in Trust and Estate Litigation.

Riley has lectured and published extensively as to Intellectual Property, Business Litigation, Trust & Estate Litigation, and trial practice skills. He is an expert in commercial arbitration law and procedure and regularly handles important cases before the world’s leading arbitration forums. He also has an active practice as a Mediator for the Northern District of California and for private litigants.

Riley has been honored as a California Lawyer of the Year and as a “Super Lawyer” every year since 2004. He earned a degree in history from Dartmouth in 1979 and his J.D. from U.C. Berkeley’s Boalt Hall School of Law in 1983.

Allen Payton contributed to this report.

Filed Under: Business, Lamorinda, News, People

Lafayette, Berkeley Police arrest two suspects from Oakland in laptop robbery at coffee shop

May 2, 2019 By Publisher Leave a Comment

By Lafayette Police Department

On April 30, 2019, at approximately 3:12 p.m., Lafayette Police Officers were dispatched to a report of a robbery that had just occurred at the Bank of America. Additional information was received that one of the suspects had stated he had a gun.

As Officers were responding, they received information that the suspects were fleeing the scene in a black, four-door sedan and a citizen had provided a license plate number for the vehicle.

When Officers arrived on scene, they determined that no crime had occurred at the Bank of America, but instead at Peet’s Coffee. Officers learned that four suspects drove into the Plaza Shopping Center on Mt. Diablo Blvd., where two of the suspects exited the vehicle, and entered Peet’s Coffee shop. The two suspects each stole a laptop from patrons that were sitting inside and ran to the waiting Saturn sedan.

Two local students were eating in a nearby business and observed the suspects running out of Peet’s with the laptops. They ran out to provide aid and saw the suspect vehicle driving away. Believing a robbery had just occurred, one of the students ran after the vehicle. While the suspect vehicle was stopped in traffic, the student began taking pictures with his cell phone. One of the suspects saw him and yelled out that he had a gun and would shoot him. The student safely backed away and called 911 to report his actions. Lafayette PD will not be releasing the student’s identity.

With the information provided, Officers were able to use city-owned cameras to locate the vehicle and obtain images of the occupants. Lafayette Detectives were able to identify of all the occupants with assistance from Oakland Police. Detectives learned that the registered owner of the vehicle, along with two of the passengers, had active arrest warrants for prior, similar crimes in the City of Berkeley.

By 8:00 p.m., Oakland Police were able to locate the vehicle and detain two of the suspects. Lafayette and Berkeley Police Detectives responded to Oakland and arrested the two suspects. Lafayette Detectives are working with Berkeley Detectives and the investigation is currently active; with two suspects still outstanding. The suspects are not being identified at this time.

Filed Under: Crime, Lamorinda, News

Orinda Police arrest Oakland man suspected in two bank robberies Tuesday morning

April 23, 2019 By Publisher Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff.

The Orinda Police Department, assisted by the Oakland Police Department, arrested 49-year-old Duane Makela of Oakland Tuesday morning, April 23 in connection with two bank robberies that occurred in the city of Orinda last year.

During the joint investigation with the Federal Bureau of Investigation, Makela was identified as the suspect. Detectives obtained an arrest warrant for Makela and a search warrant for his home. Makela was arrested at about 6:55 AM on the 3600 block of Broadway in Oakland without incident.

Makela’s vehicle was also searched. A possible explosive device was located in his car; the device was rendered safe.

Makela was later booked into the Martinez Detention Facility on robbery and drug possession charges. He is being held in lieu of $150,000 bail.

Anyone with any information on this case is asked to contact the Orinda Police Department at (925) 254-6820. For any tips, call 866-846-3592 to leave an anonymous voice message or email: tips@so.cccounty.us.

 

Filed Under: Crime, Lamorinda, News

Coroner’s Inquest jury finds 2018 death of Oakland man in in Orinda following police pursuit to be an accident

March 27, 2019 By Publisher Leave a Comment

The suspect’s burned car on Hwy 24 near Orinda following police pursuit and crash on July 21, 2018. Herald file photo.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sheriff-Coroner David O. Livingston announces that a Coroner’s jury has reached a finding in the July 21, 2018 death of 20-year-old Lawrence Leo Martin IV of Oakland from a crash following a police pursuit in Orinda. The finding of the jury is that the death was an accident.

The Coroner’s jury today reached a unanimous verdict after hearing the testimony of witnesses called by hearing officer Matthew Guichard.

A Coroner’s inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace officers, is a public hearing during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes, or at the hands of another person, other than by accident.

Filed Under: Coroner, Lamorinda, News

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