Contra Costa Herald

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

Richmond man one of two alleged Bay Area gang members charged by Feds with 2018 San Francisco murder

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Alleged Sureños also charged with attempting to murder 5 additional victims

SAN FRANCISCO – A federal grand jury indicted Jonathan Escobar (aka Wicked, aka Rico) and Jose Aguilar (aka Slim), charging both defendants with firearms violations in connection with crimes including murder and attempted murder committed to enhance the defendants’ position in the Sureño criminal street gang, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations (HSI) San Francisco Special Agent in Charge Tatum King. (See indictment document)

“Street gangs resort to violence to assert control over peaceful neighborhoods, expecting to create safe havens for drug trafficking, robberies, and other violent crimes,” said Acting U.S. Attorney Hinds. “In this case, the indictment describes how firearms are deliberately used to achieve these goals through murder and attempted murder.  This office will continue to partner with local and federal law enforcement agencies to wrest control of our streets from the gangs who threaten our residents.”

“Our communities have the right to be safe and not succumb to senseless violence. I am proud of the dedicated agents who have duly executed their duties in our collective pursuit of law, order and justice,” said Special Agent in Charge King, who oversees HSI operations in Northern California. “Gang violence will not be tolerated, and law enforcement’s collaborative efforts are key to disrupting the lawless activities that threaten public safety.”

The indictment, filed April 15, 2021 and unsealed this morning, alleges that Escobar, 24, of Richmond, Calif., and Aguilar, 32, of San Francisco, were members of a racketeering enterprise referred to in the indictment as “the 19th Street/16th Street Sureños.”  The street gang was the amalgamation of two gangs, one that claimed “territory” bounded by 19th Street to the South, 16th Street to the North, Folsom Street to the East, and Dolores Street to the West and the other that generally operated around 16th Street and Mission Street, in the Mission District of San Francisco.  The enterprise also operated in Dolores Park and Franklin Square Park (also known as Bryant Park).  The indictment describes how the gang sought to maintain control of drug distribution in the areas that it sought to claim and how gang members engaged in numerous illegal acts to meet its aims including narcotics sales, robberies, and other violent crimes, including murder.

According to Count One of the two-count indictment, on August 11, 2018, in San Francisco, Escobar and Aguilar used a firearm during the commission of a murder in aid of racketeering and committed the murder for the purpose of maintaining and increasing their position in the criminal enterprise.  The indictment also alleges that the murder was premeditated, deliberate, and willful, and therefore “murder in the first degree” under California law.

In addition to the murder allegations, the indictment alleges in Count Two that Escobar and Aguilar used a firearm during the commission of attempted murder in aid of racketeering.  In this count of the indictment, the document alleges that the defendants willfully and with deliberation and premeditation attempted to murder five additional victims, again for the purpose of maintaining and increasing position in the 19th Street/16th Street Sureños.

Both defendants are charged with use or carrying of a firearm resulting in death during and in relation to a crime of violence (murder in aid of racketeering), in violation of 18 U.S.C. §§ 924(j)(1) and 2 and use or carrying of a firearm during and in relation to of a crime of violence (attempted murder in aid of racketeering), in violation of 18 U.S.C. §§ 924(c) and 2.  If convicted of the murder count, both defendants are eligible for the death penalty. If convicted of the attempted murder count, both defendants can be sentenced to a maximum prison term of life and a minimum term of not less than ten years.  In addition to a prison term, the court may also order a term of supervised release, restitution, and fines; 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.

The defendants were arrested on April 20, 2021 and made their initial federal court appearance this morning before U.S. Magistrate Judge Jacqueline S. Corley. Magistrate Judge Corley ordered the defendants to remain in custody pending trial.  The next federal court appearance for the defendants is scheduled for May 12, 2021, before United States Magistrate Judge Thomas S. Hixon for appointment of counsel.

The case is being prosecuted by the Organized Crime Strike Force of the United States Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by Homeland Security Investigations with assistance from the San Francisco Police Department’s Gang Task Force and Homicide Unit.

Walnut Creek man sentenced to 5 years for carjacking minutes after release from Santa Rita Jail

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Rocky Lee Music. Photo: Alameda County Sheriff’s Office

Also arrested for hurting police K9 and resisting arrest

By U.S. Attorney’s Office – Northern California

OAKLAND – Rocky Lee Music was sentenced to five years in prison for carjacking, announced Acting United States Attorney Stephanie M. Hinds and FBI Special Agent in Charge Craig D. Fair. The sentence was handed down by the Honorable Yvonne Gonzalez Rogers, U.S. District Judge.

Music, 33, with a last known address in Walnut Creek, pleaded guilty to the carjacking charge today, Tuesday, March 9, 2021 and was sentenced at the same hearing.  According to his plea agreement, Music admitted that on April 19, 2020, he violently carjacked a Prius parked in the 5200 block of Campus Drive of Dublin, CA.

To carjack the vehicle, Music opened the driver’s door, punched the male victim seated in the driver’s seat, pulled the victim out of the Prius while continuing to punch him on the head, and forced his way into the driver’s seat.  Music drove away in the Prius while the victim hung onto the driver’s side door.  According to the plea agreement, the carjacking occurred approximately 40 minutes after Music was granted pretrial release from Santa Rita Jail, where he had been held while awaiting prosecution by Alameda County authorities on other charges, just one mile away.

After carjacking the Prius, Music drove to San Ramon, where he later approached a female victim seated in the driver’s seat of a parked vehicle.  The female driver drove away.  Music was apprehended later that same day in San Ramon, and he has remained in custody since his arrest.

A federal grand jury indicted Music on June 16, 2020, charging him with one count of carjacking, in violation of 18 U.S.C. § 2119(1).  Music pleaded guilty to the count.

In addition to the prison term, Judge Gonzalez Rogers sentenced Music to a three-year period of supervised release.  The defendant will begin serving the sentence immediately.

According to localcrimenews.com, Music was also arrested for hurting a police K9 and resisting arrest.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Kay Konopaske and Kathleen Turner.  The prosecution is the result of an investigation by the FBI, the Dublin Police Department, and the San Ramon Police Department.

Allen Payton contributed to this report.

 

Feds charge Antioch nurse with possession of child pornography

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In addition to charges filed by Contra Costa DA

Shawn Jamison Prichard. Photo: CCDA

OAKLAND –Shawn Jamison Prichard was charged in a criminal complaint with possession of child pornography announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.

That’s in addition to the charges filed against him by the Contra Costa County District Attorney’s Office on December 10th. (See related article) (See related article)

According to the complaint filed December 22, 2020, and unsealed this morning, Prichard, 41, of Antioch, allegedly possessed at least one image of child pornography involving the use of a prepubescent minor engaged in sexually explicit conduct.  Prichard is a licensed nurse in California.  The criminal investigation in this case began with a tip from a social media company based on defendant’s use of a messaging service to send images of child pornography. Prichard is charged with possession of child pornography, in violation of 18 U.S.C. § 2252.

Prichard made his initial federal court appearance in federal court this morning before U.S. Magistrate Judge Susan van Keulen.  His next appearance is a detention hearing scheduled for December 29, 2020, at 10:30 a.m., before U.S. Magistrate Judge Laurel Beeler.

A criminal complaint 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 10 years (20 years if the images depict pre-pubescent children), and a fine of $250,000, plus restitution, 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.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez and Kathleen Turner.  The prosecution is the result of an investigation by the Silicon Valley Internet Crimes Against Children Task Force and HSI.

Allen Payton contributed to this report.

Pittsburg man charged with selling Fentanyl-laced pills that killed buyer in Walnut Creek

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Fentanyl overdose kills young adult who ingested counterfeit oxycodone pills

SAN FRANCISCO – The United States Attorney’s Office charged Gage Pascoe with the distribution of pills containing fentanyl that resulted in the overdose death of his customer, announced United States Attorney David L. Anderson and Special Agent in Charge Daniel C. Comeaux, Drug Enforcement Administration (DEA).

The federal complaint alleges that Pascoe, 22, of Pittsburg, California, sold counterfeit pills that appeared to be Oxycodone but instead contained the lethal drug fentanyl.  The young adult customer purchased the pills from Pascoe and shortly after taking the apparent Oxycodone pills at a Walnut Creek home died from an overdose of fentanyl.

“This sad, tragic death shows how easy it is to die from drugs bought from drug dealers,” said U.S. Attorney Anderson.  “Counterfeit pills marked and sold as one drug, such as Oxycodone pills with “M30” stamps, commonly contain fentanyl instead.  Even a tiny amount of fentanyl is deadly.  Drug buyers must be aware that pills bought from drug dealers may be laced with fentanyl.  Drug dealers should know we vigorously prosecute those who sell drugs that cause fentanyl overdoses.”

“Fentanyl is cheap, man-made and potent. Overdose can occur in the smallest amount and in this case it left a family with unimaginable loss,” stated DEA Special Agent in Charge Daniel C. Comeaux. “We will pursue those who distribute this deadly drug and continue to seek justice for those lives that have been lost.”

The complaint charging Pascoe describes how he was a repeat dealer of illegal drugs to the victim.  The complaint outlines that Pascoe communicated in the days before the death through a series of text messages with the victim, who he knew from attending the same high school, to sell Oxycodone to the victim.  The texts, outlined in the complaint, show that Pascoe offered “more oxy” to his victim customer and they eventually met up in Pittsburg at night for Pascoe to sell the purported Oxycodone pills to the victim.  The next day, June 17, 2020, the victim was found dead at a Walnut Creek home.  The complaint describes how the victim’s father found pills in the victim’s room with “M30” stamped on them, which is a common stamp on counterfeit Oxycodone pills containing fentanyl.  A lab analysis found those pills to contain fentanyl.  As the complaint further describes, an analysis of the victim’s body showed the victim died from a fatal fentanyl overdose.

Pascoe was arrested on Saturday, December 5, 2020, and made an initial appearance today in San Francisco federal court before United States Magistrate Judge Laurel Beeler.  Pascoe is currently being held in custody pending further proceedings.  He is scheduled to appear for a detention hearing before United States Magistrate Laurel Beeler on December 14, 2020, at 10:30 am.

The charges contained in the criminal complaint are mere allegations.  As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Pascoe is charged with one count of distribution of fentanyl resulting in death or great physical injury, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C).  If convicted of this count, he faces a maximum penalty of life in prison and a mandatory minimum of 20 years in prison, and a maximum fine of $1,000,000.  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.

The case is being prosecuted by the Organized Crime Drug Enforcement Task Force (OCDETF) of the United States Attorney’s Office for the Northern District of California. The investigation of this case was conducted by the Drug Enforcement Administration, the Concord Police Department, and the Walnut Creek Police Department.

This investigation and prosecution is part of OCDETF, which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

Read the criminal complaint, here.

 

Richmond man sentenced to six years in prison on child porn charges

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Followed by 20 years of supervised release

OAKLAND – John Vicencio Vinoya was sentenced today to six years in prison, to be followed by twenty years of supervised release, for attempted receipt of child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.  The sentence was handed down by the Honorable Haywood S. Gilliam, Jr.

Vinoya, 48, of Richmond, California, pled guilty to the charge on September 30, 2019. According to the plea agreement, Vinoya admitted that, in July 2018, when he was 46 years old, he texted a girl that he knew to be fourteen years old.  When he learned that the minor was about to take a shower, he requested that she send him a “half body pic.”  Vinoya admitted that he hoped and intended that the minor would send him a naked photograph that would have constituted child pornography.

Vinoya further admitted that, two weeks later, he sent sexually explicit text messages to the minor’s cell phone.  He attempted to persuade and entice the minor to have sexual intercourse with him.  On August 2, 2018, Vinoya drove to the minor’s home at a time when he believed that her parents were out of town.  He brought condoms and lubricating oil with him to the meeting. He was stopped by law enforcement when he reached the minor’s home.

Vinoya was indicted by a federal grand jury on December 13, 2018.  He was initially charged with online enticement of a minor, in violation of 18 U.S.C. § 2422(b).  He ultimately pled guilty to a violation of 18 U.S.C §§ 2252(a)(2) and (b), attempted receipt of child pornography.  Vinoya has been in custody since his arrest by officers of the El Cerrito Police Department on August 2, 2018.

Katherine Lloyd-Lovett is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Kay Konopaske.  The prosecution is the result of the collaborative investigative efforts of the El Cerrito Police Department, the Silicon Valley Internet Crimes Against Children Task Force, and Homeland Security Investigations HSI.

Bay Point man charged and detained for distributing child pornography

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Images and videos of victims as young as 4 years old

OAKLAND – Sergio Luiz Cruz Esparza was charged with distribution of child pornography in a criminal complaint, announced United States Attorney David L. Anderson and Homeland Security Investigations Special Agent in Charge Tatum King. Cruz Esparza appeared in federal court yesterday, Tuesday, July 21, 2020 in San Francisco for a detention hearing in the matter before the Honorable U.S. Magistrate Judge Sallie Kim, who detained Cruz Esparza pending trial.

According to an affidavit filed in connection with the complaint, Cruz Esparza, 22, of Bay Point, is alleged to have distributed images of child pornography using social media mobile applications.  The affidavit alleges that at least one of the images depicted a minor female committing a sexual act on Cruz Esparza.  The affidavit also describes that Cruz Esparza transmitted links to an online cloud storage site to other individuals, one of whom was a law enforcement agent acting in an undercover capacity.  Those links led to videos depicting sexually explicit conduct by adult males inflicted on minor females as young as 4 years old.

Cruz Esparza is currently detained, and his next scheduled appearance is at 10:30 a.m on July 29, 2020, for a status conference and preliminary hearing before Magistrate Judge Kim.

A complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Cruz Esparza faces maximum penalties of 20 years imprisonment with a minimum imprisonment term of 5 years, a life term of supervised release with a minimum supervised release term of 5 years, and a maximum fine of $250,000. 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.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Jessica Gonzalez Rodriguez and Kathleen Turner.  The prosecution is the result of an investigation by the Department of Homeland Security, Homeland Security Investigations, and the Silicon Valley Internet Crimes Against Children Task Force.

Pleasant Hill man sentenced to 25 years in prison for producing child pornography

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Daniel Joseph Feliciano. Photo by CCDA.

OAKLAND – Daniel Joseph Feliciano was sentenced today to 25 years in prison for producing child pornography, announced United States Attorney David L. Anderson and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.  The sentence was handed down by the Honorable Jeffrey S. White, U.S. District Judge.

Feliciano, 30, of Pleasant Hill, pleaded guilty to the charge on March 3, 2020.  According to his plea agreement, Feliciano admitted that he recorded a video of a 9-year-old minor in a sexually explicit act and produced an image of a 5-year-old seated on a bed with the minor’s genitalia visible.  Feliciano knew the two victims were minors and he created the images using his cellular phone.

In addition, Feliciano admitted that he possessed approximately 205 images or videos of minors engaged in sexually explicit conduct.  The government filed additional papers arguing that Feliciano possessed more than 21,000 images of child pornography, including images of sexual abuse of a toddler-aged child and other children younger than 7 years old. (Please see related article)

A federal grand jury indicted Feliciano on December 19, 2019, charging him with two counts of producing and possessing child pornography, in violation of 18 U.S.C. § 2251(a) and 18 U.S.C. § 2252(a)(4)(B).  Feliciano pleaded guilty to both counts.

In addition to the prison term, Judge White also sentenced the defendant to a 10-year period of supervised release and scheduled a hearing for September 22, 2020, at 1:00 p.m. to resolve issues concerning restitution. The defendant will begin serving the sentence immediately.

This prosecution arose from a Cybertip on October 4, 2019, to the National Center for Missing and Exploited Children (NCMEC) related to the discovery of potential exploitation material being stored in a cloud storage account later traced to Feliciano.

Assistant U.S. Attorney Jonathan U. Lee is prosecuting the case with the assistance of Jessica Rodriguez Gonzalez, Kay Konopaske, and Kathleen Turner.  The prosecution is the result of an investigation by HSI, the Silicon Valley Internet Crimes Against Children Task Force, and the Pleasant Hill Police Department.

 

Texas man charged with defrauding Operating Engineers Local Union No. 3 of $4.5 million

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Scheme allegedly involved kickbacks paid in bricks of cash wrapped in silver bags

OAKLAND – Scott A. Wilson was arrested today in connection with a complaint unsealed in Oakland alleging that he defrauded the Operating Engineers Local Union No. 3, based in Alameda, California, of approximately $4.5 million, announced United States Attorney David L. Anderson, Federal Bureau of Investigation Special Agent in Charge John L. Bennett, and U.S. Department of Labor Office of Inspector General Special Agent in Charge Quentin Heiden.

According to the complaint, Wilson, 52, of Corsicana, Texas, was the director of the union’s information technology department, where he had authority to purchase goods and services.  While working for the union, Wilson allegedly set up a front company called OST.  Using the alias, “John Lasson,” Wilson allegedly used OST to receive funds from the union, at first directly and then through two other front companies set up by a friend and a relative under Wilson’s direction.  Between 2011 and 2017, Wilson allegedly used these front companies to fraudulently invoice the union for IT-related goods and services that were never to be delivered, taking some funds directly through OST, and others through kickbacks paid by his friend and relative.  Wilson also allegedly used the front companies to conceal payments made with union funds to his own family members, primarily for work that was never done.  At one point, according to the complaint, Wilson arranged for the union funds to be withdrawn from the front companies’ accounts and delivered to him at various restaurants around the Bay Area in the form of cash, wrapped in the shape of bricks and placed in silver bags.

The complaint alleges that over the course of six years, in total Wilson fraudulently directed approximately $4.5 million to the front companies, of which $2.5 million was kicked directly back to Wilson in various ways.  The complaint further alleges that Wilson used the allegedly embezzled funds to, among other things, purchase land in Corsicana, Texas, and build himself a house there.

According to the complaint, the scheme was discovered when the union’s finance department learned that Wilson had concealed that he was the principal behind one of the front companies with which his IT department was conducting business.

Wilson was arrested on June 26, 2020, in Corsicana, Texas, and made an appearance in federal court in Dallas this afternoon.   He was ordered to appear in federal court in Oakland on July 13, 2020.

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 defendant faces a maximum sentence of 20 years in prison, and a fine of up to $250,000, along with potential restitution and forfeiture.  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.

The case is being prosecuted by the Special Prosecutions Section of the U.S. Attorney’s Office for the Northern District of California.  The prosecution is the result of an investigation by the Federal Bureau of Investigation, and the Department of Labor’s Office of Inspector General and Office of Labor Management Standards.

 

Three from Contra Costa among five Bay Area residents indicted for burglarizing Vacaville gun store

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Theft occurred during height of recent civil unrest; arrested following high-speed police pursuit

SACRAMENTO, Calif. — Five individuals were indicted Thursday for the burglary of a Vacaville gun shop, U.S. Attorney McGregor W. Scott announced.

According to court documents, on June 1, police responded to reports of suspicious activity at Guns, Fishing and Other Stuff, a two-story gun and outdoor recreation store in Vacaville. Guns, Fishing and Other Stuff is a federally licensed firearms dealer. When officers responded, four vehicles fled the scene. After a high-speed chase on Interstate 80 during which vehicles reached over 100 miles per hour, one vehicle, a rented minivan, was stopped, and its five passengers were arrested after a foot pursuit. In total, the gun store reported that over 70 firearms had been stolen.

According to the criminal complaint, inside the minivan were bolt cutters, a power saw, and 13 handguns with price tags from Guns, Fishing and Other Stuff still attached. Donte Marcel Anderson, 31, of Antioch; Desteny Estrella Leilani Salazar, 22, of San Francisco; Donley Thompson, 27, of Pinole; Tracy Whitfield, 31, of Pittsburg; and Adrian Oscar Duran, 23, of San Francisco, were arrested. They are charged with possession of a stolen firearm and burglary of a federally licensed firearms dealer.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Vacaville Police Department, Fairfield Police Department, Antioch Police Department, Vallejo Police Department, and California Department of Justice – Bureau of Firearms. Assistant U.S. Attorneys Justin L. Lee and Brian A. Fogerty are prosecuting the case.

If convicted, the defendants face a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for both counts. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.

This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.

 

Former treasurer of Moraga Community Foundation charged with fraud

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More than $250,000 in Unauthorized Withdrawals From the Foundation’s Bank Accounts

OAKLAND – Francis Robert Fritzky, the former treasurer of the Moraga Community Foundation was charged yesterday with wire fraud and filing a false tax return, announced United States Attorney David L. Anderson and IRS Criminal Investigation Special Agent in Charge Kareem Carter.

According to an information filed with the court, from at least June 2016 through July 2019, Fritzky was the treasurer of the Moraga Community Foundation (the Foundation) and also on the Foundation’s board of directors.  According to the Foundation’s bylaws, the board members and officers were not entitled to compensation or a salary for their services as board members and/or officers.  As treasurer, Fritzky was responsible for maintaining and keeping records of the Foundation’s bank accounts, funds, assets, and liabilities.  He also had signatory authority on the Foundation’s bank accounts and had access to the money contained within those bank accounts. According to the information, from June 23, 2016, and continuing through July 24, 2019, Fritzky allegedly made unauthorized withdrawals of more than $250,000 from the Foundation’s bank accounts to himself, to a company in which he held majority ownership interest, and to a foundation he founded and controlled.  He also allegedly provided false financial reports to the Foundation’s board of directors.  For example, Fritzky represented that the ending balance for one of the Foundation’s funds in December 2018 was more than $108,000 and that the ending balance of the other fund was more than $37,000 when the combined balances for both funds was allegedly less than $2,000.  Court documents further allege that Fritzky filed IRS Form 990-EZ, Return of Organization Exempt From Income Tax, for the Foundation, falsely reporting that the Foundation’s “Cash, savings and investments” at the end of the year was $111,275, when in fact it was less than that amount.

Fritzky was charged with wire fraud and aiding and abetting, in violation of 18 U.S.C. §§ 1343, 2 and making and subscribing a false tax return, in violation of 26 U.S.C. § 7206(1)(a).  The maximum statutory penalty for wire fraud is twenty years in prison and a fine of $250,000.  The maximum statutory penalty for making and subscribing a false tax return is three 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.

The charges contained in the information are mere allegations.  As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.

Frtizky’s first court appearance in this matter has yet to be scheduled.

The case is being prosecuted by the Special Prosecutions Section of the U.S. Attorney’s Office.  The prosecution is the result of an investigation by the Moraga Police Department and IRS Criminal Investigation.