Contra Costa Herald

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

San Quentin prison guard from Pittsburg, two others charged in Death Row contraband smuggling scheme

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San Quentin State Prison. Photo by CA Dept. of Corrections.

“The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.”

SAN FRANCISCO – Keith Christopher and Isaiah Wells appeared in federal court today to face the charge of conspiracy to commit honest services fraud using interstate wires, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.  A third co-defendant, Tanisa Smith-Symes, will appear tomorrow in federal court in Las Vegas, Nevada, where she was arrested today.

According to the complaint, Christopher, 37, of Pittsburg, California, Smith-Symes, 45, of Las Vegas, Nevada, and Wells, 32, of Tracy, California, conspired to smuggle cell phones into San Quentin State Prison’s East Block, where condemned inmates are housed.  Cell phones create safety and security risks for prison employees and other inmates, and state law deems them contraband and prohibits their possession by inmates.  Christopher is a Corrections Officer at San Quentin State Prison in Marin County.  The complaint alleges that Smith-Symes worked with a Death Row inmate with whom she had a relationship to obtain the contraband phones and ship them to Wells, who then provided the phones to Christopher, who in turn smuggled them into the prison.  Using this scheme, the complaint alleges that the conspirators successfully smuggled at least 25 phones into the prison and that the inmate working with Smith-Symes sold the phones inside the prison for up to $900 each.  Smith-Symes sent bribery payments to Christopher through Wells and others whom Christopher had appointed to receive the money.  The complaint further alleges that Christopher charged $500 as payment for each phone he smuggled into the prison.

The complaint filed against Christopher, Smith-Symes, and Wells charges each defendant with one count of conspiracy to commit honest services fraud using interstate wires in violation of 18 USC §§ 1343, 1346, and 1349.  The charge carries a maximum sentence of 20 years in prison and a $250,000 fine.  Any sentence following conviction, however, is imposed by a court only after the court’s consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 USC § 3553.

Christopher and Wells appeared today on the charges before United States Magistrate Judge Sallie Kim, who sits in San Francisco.  They were released on bond and are scheduled to next appear in federal court on September 17, 2021.

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

The prosecution is the result of an investigation by the FBI and the California Department of Corrections and Rehabilitation’s Office of Internal Affairs.

San Pablo man pleads guilty to sexual coercion of 3-year-old girl

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Adalberto Borja Guardado. Photo: San Pablo Police

Recorded act on his cell phone

WARNING: Explicit sexual content

OAKLAND – Adalberto Borja Guardado pleaded guilty yesterday in Oakland federal court to enticement and coercion of a minor, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations Special Agent in Charge Tatum King.  (See related article)

In his plea agreement, Guardado, 67, of San Pablo, admitted that on September 9, 2019, a three-year-old girl visited his residence with her mother, who provided home health care to Guardado’s elderly mother.  Guardado agreed to watch the girl while the girl’s mother provided the home care in another part of the residence.  Guardado admitted in his plea agreement that within a few minutes of watching the girl, he pulled down the girl’s pants and touched her vagina with his fingers.  He further admitted that he used his cell phone to record his touching of the girl’s vagina.

Guardado was charged by criminal information in federal court on June 10, 2021, with enticement and coercion of a minor, in violation of 18 U.S.C. § 2422(b).  The penalty for a violation of 18 U.S.C. § 2422(b) is a maximum imprisonment term of life in prison, with a mandatory minimum imprisonment term of ten years, and a fine of $250,000.  However, any sentence imposed by a court will occur only after the court’s consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Guardado’s sentencing hearing is scheduled for January 11, 2022, in United States District Court in Oakland before the Honorable Jeffrey S. White, United States District Judge.  Guardado remains in custody while awaiting his sentencing.

Jonathan U. Lee is the Assistant U.S. Attorney who is prosecuting the case, with the assistance of Leeya Kekona, Kay Konopaske, and Kathleen Turner.  The prosecution is the result of an investigation by Homeland Security Investigations, the Silicon Valley Internet Crimes Against Children Task Force, and the San Pablo Police Department.

 

Sutter Health and affiliates to pay $90 million to settle allegations of False Claims Act violations for mischarging the Medicare Advantage Plans

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By U.S. Department of Justice

Sutter Health, a California-based health care services provider, and several affiliated entities including Sutter Bay Medical Foundation (dba Palo Alto Medical Foundation, Sutter East Bay Medical Foundation, and Sutter Pacific Medical Foundation) and Sutter Valley Medical Foundation (dba Sutter Gould Medical Foundation and Sutter Medical Foundation) (collectively, “Sutter Health”), have agreed to pay $90 million to resolve allegations that Sutter Health violated the False Claims Act by knowingly submitting inaccurate information about the health status of beneficiaries enrolled in Medicare Advantage Plans.

Under Medicare Advantage, also known as the Medicare Part C program, Medicare beneficiaries have the option of enrolling in managed health care insurance plans called Medicare Advantage Plans. The plans are paid a capitated, or per-person, amount to provide Medicare-covered benefits to beneficiaries who enroll in one of their plans. Payments to plans are based on demographic information and the health status of each plan beneficiary. In general, plans receive larger payments for beneficiaries with more severe diagnoses.

Sutter Health, headquartered in Sacramento, contracted to provide health care services to California beneficiaries enrolled in certain plans. In exchange, Sutter Health received a portion of the payments for treating the beneficiaries under its care.

The government alleged that Sutter Health knowingly submitted unsupported diagnosis codes for certain patient encounters for beneficiaries under its care. These unsupported diagnosis codes caused inflated payments to be made to the plans and to Sutter Health. The lawsuit further alleged that, once Sutter Health became aware of these unsupported diagnosis codes, it failed to take sufficient corrective action to identify and delete additional unsupported diagnosis codes.

“The government relies on health care providers, including those furnishing services to Medicare Part C beneficiaries, to submit accurate information to ensure proper payment,” said Deputy Assistant Attorney General Sarah E. Harrington of the Justice Department’s Civil Division. “Today’s result sends a clear message that we will hold health care providers responsible if they knowingly provide or fail to correct information that is untruthful.”

“Today’s settlement exemplifies our commitment to fighting fraud in the Medicare program,” said Acting U.S. Attorney Stephanie M. Hinds for the Northern District of California. “Health care providers who flout the law need to know that my office will hold accountable those who pad their bottom line at taxpayer expense.”

“The knowing submission of inaccurate information to Medicare diverts funds from this vital health care program, which is a disservice to patients needing care,” said Special Agent in Charge Steven J. Ryan for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue to work with our law enforcement partners to protect the integrity of federal health care programs and hold accountable entities who engage in false claims practices.”

In connection with the settlement, Sutter Health, Sutter Bay Medical Foundation and Sutter Valley Medical Foundation entered into a five-year Corporate Integrity Agreement (CIA) with the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG). The CIA requires, among other things, that Sutter Health implement a centralized risk assessment program as part of its compliance program and hire an Independent Review Organization to annually review a sample of Sutter Health’s Medicare Advantage patients’ medical records and associated diagnoses data.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Kathleen Ormsby, a former employee of Palo Alto Medical Foundation. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The Act permits the government to intervene in such lawsuits, as it has done in this case as to claims submitted for the Palo Alto Medical Foundation. Although the United States did not intervene as to claims submitted by the remaining Sutter affiliates, Ms. Ormsby continued to pursue those claims, some of which are also being resolved by this settlement. The qui tam case is captioned United States ex rel. Ormsby v. Sutter Health, et al., No. 15-CV-01062-LB (N.D. Cal.).

The resolution obtained in this matter resulted from a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Northern District of California, with assistance from HHS-OIG.

The investigation and resolution of this matter illustrate the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

The matter was handled by Attorneys Olga Yevtukhova, Jennifer J. Koh, Thomas Morris and Lyle Gruby of the Civil Division’s Fraud Section and by Assistant U.S. Attorney Benjamin Wolinsky for the Northern District of California, with assistance from Jonathan Birch.

Sutter Health Responds

Sutter Health on Monday, Aug. 30, 2021 announced that it has entered into an agreement with the federal government and a private plaintiff to resolve a False Claims Act lawsuit filed in 2015 involving Medicare Advantage claims related to its medical foundation operations. The matter was partially resolved in April 2019 for $30 million (a fact not included by the U.S. Department of Justice (DOJ) in its press release regarding the settlement). Under the follow-on agreement announced today, Sutter will pay an additional $60 million (not $90 million) to fully resolve the litigation. The agreement makes clear that Sutter and its medical foundation affiliates admit no liability in agreeing to settle the matter.

As part of this resolution, Sutter has also concurrently entered into a Corporate Integrity Agreement (CIA) with the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services. The CIA, Sutter’s first, is intended to promote compliance with federal healthcare program requirements over a period of five years and includes specific elements that must be in place and monitored.

Sutter’s Ethics and Compliance Services team is responsible for overseeing Sutter’s compliance with the CIA. Sutter looks forward to collaborating with OIG over the term of the agreement. In 2017, PricewaterhouseCoopers conducted a compliance program assessment finding Sutter’s program to be effective, with several areas identified as leading practices. Sutter has since maintained and enhanced these program elements and is well-prepared to implement the terms of the agreement.

Today’s agreements bring closure to a long-running dispute, allowing Sutter to avoid the uncertainty and further expense of protracted litigation, and enabling a constructive relationship with the government as we work together under the CIA.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

 

 

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.