Wednesday, June 30, 2010

OC Sheriff’s Deputy Convicted of DUI related crash on OC Sup Campbell’s residence



Posted By CotoBlogzz 06-30-2010 04:00 PM

SANTA ANA, CA  - Mark Wayne Hewlett , a deputy with the Orange County Sheriff's Department was convicted today of driving under the influence of alcohol after losing control of his car and crashing into a planter in the front yard of a Villa Park home.



Hewlett, 30, Orange, pleaded guilty to a court offer to one misdemeanor count each of driving under the influence of alcohol, driving with a blood alcohol level over .08 percent, and possession of a controlled substance without a prescription, according to the Orange County District Attorney’s (OCDA) office.   Hewlett was sentenced to the mandatory minimum terms for the driving under the influence conviction, including being ordered to pay restitution and attend mandatory drug and alcohol rehabilitation classes. As to the drug charges, the defendant will be allowed to attend and complete drug diversion classes. The law stipulates that upon Hewlett's completion of the required drug classes his misdemeanor for possession of a controlled substance without a prescription will be dismissed.




Early in the morning on Dec. 13, 2009, Hewlett drove home from a friend's house while intoxicated after consuming several alcoholic beverages. At approximately 1:45 a.m., the defendant lost control of his vehicle in Villa Park, drove up over the curb and across the grass, and crashed into a planter in the front yard of a home. The residence is the home of Orange County Supervisor Bill Campbell.

A passing teenage motorist contacted his father, who called 911. When police arrived, Hewlett displayed objective signs of intoxication including emitting a strong odor of alcohol, having watery eyes, and a lack of balance. At approximately 3:30 a.m., an hour and 45 minutes after the crash, Hewlett had a blood alcohol level of .13 percent., according to the OCDA’s office.

At the time of his arrest, Hewlett was in possession of a controlled substance, Xanax, for which he does not have a prescription. 

Deputy District Attorney Brock Zimmon of the Special Prosecutions Unit prosecuted this 

Tuesday, June 29, 2010

Warrant Issued for Former Police Officer Charged with Being a Beast


Posted by CotoBlogzz 06-29-2010 12:45 AM

SANTA ANA - According to the Orange County District Attorney's (OCDA) office, a warrant has been issued for 
Kevin Michael Sianez, a former police officer who failed to appear in court yesterday on charges of defrauding his clients while working as a private investigator. He has also been charged with engaging in a conspiracy to commit  bestiality.





Kevin Michael Sianez, 53, Fountain Valley, was charged June 25, 2010, in a 63-count criminal complaint. His felony charges include 20 counts of grand theft by false pretense, 12 counts of fraudulently using an access card, two counts of second degree commercial burglary, five counts of possession of a firearm by a felon stemming from a 1998 conviction for stalking, four counts of theft with a prior conviction for the same crime in 1999, four counts of obtaining electricity services through false representation, and one count each of identity theft, perjury by declaration, computer access and fraud, and possession of ammunition by a prohibited person. 

The misdemeanor charges against Sianez include three counts of conspiracy to commit sexual assault upon an animal, two counts of dissuading a witness from reporting a crime, three counts of obtaining electricity services through false representation, and one count each of criminal threats, unlawful representation as a private investigator, engaging in the business of private investigation, and doing business without a valid license. He faces sentencing enhancements for aggravated white collar crime over $100,000 and property damage over $65,000. 

If convicted, Sianez faces a maximum sentence of 38 years in state prison. He was arrested June 24, 2010, by  OCDA Investigators, but was transported to Western Medical Center after claiming to be suffering from a heart condition. Sianez failed to appear in court for his scheduled arraignment yesterday, June 28, 2010. He was ordered, through his attorney, to appear at 8:30 a.m. this morning, June 29, 2010, but again failed to do so. A $500,000 warrant has been issued for his arrest by the Honorable Erick Larsh, according to the OCDA's office.


The defendant worked as a police officer between 1979 and 1986 for the Santa Ana and Stanton Police Departments. The Stanton Police Department no longer exists. 

Between November 2005 and June 2010, Sianez is accused of owning and illegally operating private investigation services without a license under the names KMS Investigations, Fore-Front Investigations, and 4Front Investigations. Business and Professions Code 7523 requires proper licensing through the California Department of Consumer Affairs Bureau of Security and Investigative Services to operate as a private investigator. The defendant is accused of falsely identifying himself as a licensed private investigator. 

The defendant is accused of posting false reviews of his various businesses on Internet investigator and referral websites to optimize his search engine presence. He is accused of using these fabricated reviews to mislead potential clients into believing his businesses had nationwide offices and investigators, when in fact he operated out of a small suite in Fountain Valley with less than five employees, who were primarily family members. 

Sianez is accused of defrauding clients by performing little or no work on their cases after receiving payment. He is also accused of defrauding properly licensed private investigation firms by subcontracting investigative work to them and failing to pay for their services.  

Sianez is accused of attempting to intimidate and dissuade witnesses of his fraudulent activities, including two former employees, by threatening to use his knowledge and contacts as a former police officer to file false police reports against them if they reported his actions to the police or public. He is accused of threatening to burn down the home of a private investigator if she did not remove Internet comments she had posted alerting the public about his fraudulent activity. 



The OCDA Bureau of Investigation began investigating this case after receiving a complaint in March 2010, from the California Department of Consumer Affairs. In the course of the fraud investigation, OCDA Investigators discovered additional evidence of a bestiality conspiracy.   
 

Anyone with additional information is encouraged to contact Supervising District Attorney Investigator Anthony Sosnowski at (714) 347-8814. Deputy District Attorney Israel Claustro of the Special Prosecutions Unit is prosecuting the case.  

Friday, June 25, 2010

Mother and Boyfriend Charged With Child Abuse, Including Food Deprivation



Posted By CotoBlogzz 06-25-2010 03:30 PM


SANTA ANA, CACheryl Ann Stuart, and Mario Alberto Colin - mother and her boyfriend were charged today with child abuse against two boys, ages 2 and 5 years old, who were continuously deprived of food and tied by their ankles to a bed.  Stuart, 25, and  Colin, 31, both of Santa Ana, are each charged with two felony counts of child abuse and two felony counts of corporal injury on a child. If convicted, both defendants face a maximum sentence of seven years and four months in state prison.  Stuart and Colin are expected to be arraigned Monday, June 28, 2010.




On June 23, 2010, officers from the Santa Ana Police Department were called to a residence for a child welfare check. Responding police officers found two children who had ligature marks around their ankles and appeared malnourished and emaciated. 

Stuart is accused of renting a room in a Santa Ana home and sharing the room with her two sons, 2-year-old John Doe #1 and 5-year-old John Doe #2. 

Stuart is accused of withholding food and starving her two sons, primarily John Doe #1, as he was potty training and she was angry that he soiled his clothes and bed. She is accused of tying the victims to their bed and crib by their ankles to prevent them from moving around the room. 

Colin is accused of exchanging dozens of text messages with Stuart and instructing her to tie down the victims and withhold food and water. Colin worked as a behavioral technician with the El Rancho School District. He was assigned to Durfee Elementary School in Pico Rivera to work with children with behavioral issues.

Both victims were hospitalized and are now in protective custody. 

The investigation is ongoing. Anyone with additional information is encouraged to contact the Santa Ana Police Department at (714) 245-8400 or Supervising District Attorney Investigator Jamie Joyce at (714) 347-8560. 

Deputy District Attorney Kathleen Roberts of the Family Protection Unit is prosecuting this case. 

Former PD Officer Faces 38 years - Charged with Being a Beast




Posted by CotoBlogzz 06-25-2010 03:30 PM

SANTA ANA, CA  - Kevin Michael Sianez, a former police officer working as an unlicensed private investigator was charged today with defrauding his clients and intimidating his detractors, including threatening to burn down the house of a licensed private investigator.  He has also been charged with engaging in a conspiracy to commit  bestiality.







Sianez, 53, Fountain Valley, has been charged in a 63-count criminal complaint. His felony charges include 20 counts of grand theft by false pretense, 12 counts of fraudulently using an access card, two counts of second degree commercial burglary, five counts of possession of a firearm by a felon stemming from a 1998 conviction for stalking, four counts of theft with a prior conviction for the same crime in 1999, four counts of obtaining electricity services through false representation, and one count each of identity theft, perjury by declaration, computer access and fraud, and possession of ammunition by a prohibited person. 

The misdemeanor charges against Sianez include three counts of conspiracy to commit sexual assault upon an animal, two counts of dissuading a witness from reporting a crime, three counts of obtaining electricity services through false representation, and one count each of criminal threats, unlawful representation as a private investigator, engaging in the business of private investigation, and doing business without a valid license. He faces sentencing enhancements for aggravated white collar crime over $100,000 and property damage over $65,000. 

If convicted, Sianez faces a maximum sentence of 38 years in state prison. He was arrested June 24, 2010, by Orange County District Attorney's Office (OCDA) Investigators and is being held on $500,000 bail. He is expected to be arraigned Monday, June 28, 2010

Sianez worked as a police officer between 1979 and 1986 for the Santa Ana and Stanton Police Departments. The Stanton Police Department no longer exists. 

Between November 2005 and June 2010, Sianez is accused of owning and illegally operating private investigation services without a license under the names KMS Investigations, Fore-Front Investigations, and 4Front Investigations. Business and Professions Code 7523 requires proper licensing through the California Department of Consumer Affairs Bureau of Security and Investigative Services to operate as a private investigator. Sianez is accused of falsely identifying himself as a licensed private investigator. 

Sianez is accused of posting false reviews of his various businesses on Internet investigator and referral websites to optimize his search engine presence. He is accused of using these fabricated reviews to mislead potential clients into believing his businesses had nationwide offices and investigators, when in fact he operated out of a small suite in Fountain Valley with less than five employees, who were primarily family members. 

Sianez is accused of defrauding clients by performing little or no work on their cases after receiving payment. He is also accused of defrauding properly licensed private investigation firms by subcontracting investigative work to them and failing to pay for their services.  

Sianez is accused of attempting to intimidate and dissuade witnesses of his fraudulent activities, including two former employees, by threatening to use his knowledge and contacts as a former police officer to file false police reports against them if they reported his actions to the police or public. He is accused of threatening to burn down the home of a private investigator if she did not remove Internet comments she had posted alerting the public about his fraudulent activity. 

The OCDA Bureau of Investigation began investigating this case after receiving a complaint in March 2010, from the California Department of Consumer Affairs. In the course of the fraud investigation, OCDA Investigators discovered additional evidence of a bestiality conspiracy.   

Between October 2009 and January 2010, Sianez is accused of posting ads on Craigslist seeking women to engage in acts of bestiality. He is accused of conspiring with several unknown co-conspirators via e-mail to set up meetings in order for the bestiality to occur.  

Anyone with additional information is encouraged to contact Supervising District Attorney Investigator Anthony Sosnowski at (714) 347-8814. Deputy District Attorney Israel Claustro of the Special Assignments Unit is prosecuting the case.

CPA for KIA Motors Gets Six for $900K Embezzlement



Posted By CotoBlogzz 06-25-2010 12:15 PM

SANTA ANA, CA - Cecile Nhung Campbell, a Certified Public Accountant (CPA) for Kia Motors America (Kia) was sentenced today to six years and four months in state prison for embezzling over $889,000 from Kia with her husband and brother.



Campbell, 55, pleaded guilty Oct. 31, 2008, to one felony count of grand theft, one felony count of receiving stolen property, three felony counts of computer access and fraud, three felony counts of money laundering, one felony count of filing false tax returns, and sentencing enhancements and allegations for aggravated white collar crime over $500,000, property damage over $150,000, and causing loss over $100,000. Cecile Campbell was also ordered to pay restitution of $624,930 to Kia and $83,138 to the California Franchise Tax Board.

Cecile Campbell's ex-husband, Mel Wayne Campbell, 56, pleaded guilty May 27, 2010, to one felony count of receiving stolen property, three felony counts of money laundering, and sentencing enhancements and allegations for aggravated white collar crime over $500,000, property damage over $150,000, and causing loss over $100,000. He was sentenced to four years in state prison.

Cecile Campbell's brother, Long Ngoc Ho, 50, pleaded guilty Aug. 10, 2007, to one felony count of grand theft, three felony counts of money laundering, and sentencing enhancements and allegations for aggravated white collar crime over $500,000, property damage over $150,000, and causing loss over $100,000. Ho faces a maximum sentence of 12 years in state prison at his sentencing on Sept. 24, 2010.

In 2002, Cecile Campbell worked in the accounting department of Kia. On three occasions between May and July 2002, Cecile Campbell made three high-dollar wire transfers totaling over $889,000 to a Wells Fargo account. The account was opened by Ho under the fictitious business name U.S. Customs Service Detail. Ho created this account to resemble the legitimate federal United States Customs Service, which collects import duties on shipments of automobiles that arrive in the United States.

Mel and Cecile Campbell laundered the stolen money into personal accounts and used the embezzled funds to pay off the lines of credit on the Campbell's house, which they had maxed out for the full value of the credit line and used for personal expenses. They repeated this fraudulent scam four times.

Kia discovered the theft and reported it to the Federal Bureau of Investigation (FBI). Mel Campbell was arrested June 21, 2006 at his home in Laguna Niguel. Ho was arrested at Los Angeles International Airport on June 21, 2006, while trying to re-enter the United States from Vietnam. Cecile Campbell turned herself in on June 22, 2006. Mel and Cecile Campbell were married at the time of the crime but have since divorced.

This case was investigated by the Orange County District Attorney's Office, FBI, and California Franchise Tax Board. Deputy District Attorney Marc Labreche of the Major Fraud Unit prosecuted this case.

Thursday, June 24, 2010

Villa Park DUI Checkpoints June 25


Posted By CotoBlogzz 06-24-2010

Rancho Santa Margarita, CA - The Orange County Sheriff’s Department (OCSD) will be conducting a DUI/Drivers License Checkpoint in the City of Villa Park on Friday, June 25, 2010, from 6:00 p.m. until 2:00 a.m.

The checkpoints are part of a grant the Sheriff’s Department received from the State of California Office of Traffic Safety, and are set up to target drivers who are operating a vehicle without a driver’s license and / or under the influence of drugs or alcohol.  Funding for this grant was provided by the California Office of Traffic Safety (OTS), through the National Highway Traffic Safety Administration.



The goal of the program is to reduce the rate at which the citizens of Orange County are killed or injured.  Through implementation of these events, the OCSD hopes to significantly reduce deaths, injuries, and property damage in each of our contract cities. 

Women faces life for stabbing to kidnap baby in support of bogus pregnancy story

Posted By CotoBlogzz 06-24-2010 04:30 PM

Women to be arraigned for stabbing to kidnap baby in support of bogus pregnancy story

SANTA ANA, CA  - Gabriela Osorio is scheduled to be arraigned tomorrow for stabbing a new mother with the intention of kidnapping her infant child.  Osorio, 28, Santa Ana, is charged with one felony count each of attempted murder with premeditation and deliberation, kidnapping a child under 14 years of age, and first degree residential burglary, three felony counts of child abuse and endangerment, and two felony counts of criminal threats. She faces sentencing enhancements and allegations for having a non-accomplice present during a residential burglary, causing great bodily injury, and the personal use of a deadly weapon. If convicted, Osorio faces a maximum sentence of life in state prison. She is being held on $1 million bail and is scheduled to be arraigned tomorrow June 25, 2010.



Prior to March 2010, Osorio is accused of lying to her boyfriend and family by falsely claiming that she was pregnant.  When her family became suspicious, the defendant is accused of telling her family that she gave birth to a baby girl on March 3, 2010, but the baby had to remain at the hospital for medical reasons.  Osorio is accused of devising a plan to kidnap a baby and pass off the child as her own to put her family's suspicions to rest.

In May 2010, the defendant is accused of going to a medical clinic in Santa Ana to meet a mother with a new born child.  Osorio is accused of befriending the victim Lucia I. and gaining her trust. 

On May 28, 2010, Osorio is accused of arriving at the victim's Santa Ana home with the intention of stealing the infant.  The defendant is accused of trying to suffocate victim Lucia I. with a plastic bag and a pillow.  Osorio is accused of stabbing the mother three times in the ribs, shoulder and back of the neck with a kitchen knife that she found at the victim's home.

The victim's infant child and two other toddlers, both two years old, were in the room during the attack.  Lucia I. escaped and ran outside with her two toddlers to a neighbor's house where she called 911. Osorio is accused of remaining in the victim's home with the baby. 

Neighbors observed the bleeding victim run from the house and went to plead with the defendant to give them the baby.  Osorio is accused of moving the new baby from one area to another inside the house and threatening to harm her. She is accused of handing over the child to the neighbors when she heard that police had arrived on the scene.    

Paramedics transported Lucia I. to the hospital, where she was treated for her stab wounds and released.   
          
Senior Deputy District Attorney Alison Gyves of the Felony Panel is prosecuting this case

Six Guilty of $650K Travelers Cheques Fraud Scheme

Posted By CotoBlogzz 06 -24-2010 04:00 PM

SANTA ANA, CA  - Two defendants have been convicted of planning and recruiting four others in a $650,000 American Express Travelers Cheques fraud scheme. The six defendants have all pleaded guilty to fraudulently using forged American Express Travelers Cheques to purchase items at multiple retail stores and taking items back to collect a total of $650,000. The defendants were convicted of various charges in a 110-count criminal complaint including felony second degree commercial burglary, felony forgery, sentencing enhancements for loss over $100,000, aggravated white collar crime over $500,000, and crime-bail-crime.


      
Tyrone Donte Gray, 33, Los Angeles, Pleaded guilty today, Sentenced to two years and eight months in state prison.

Tyrica Jenice Goff, 31, Los Angeles, Pleaded guilty today, Expected to be sentenced to seven years in state prison at her sentencing July 30, 2010

Jazmine Williams, 22, Hawthorne,Pleaded guilty April 1, 2010, Sentenced to 210 days in jail
   
Brittany Ellessee Myvett, 18, Los Angeles, Pleaded guilty April 1, 2010, Sentenced to 210 days in jail
   
Niesha Sherri Johnson, 25, Lancaster, Pleaded guilty March 10, 2010, Sentenced to 120 days in jail and three years of formal probation.

Nedra Sherii Beard, 41, Los Angeles, Pleaded guilty to a court offer March 10, 2010, Sentenced to 60 days in jail and three years of formal probation, Mother of Johnson

Between December 2008 and February 2010, Gray and Goff participated in a fraudulent scheme to defraud retailers out of over $650,000 through the use of counterfeit American Express Travelers Cheques. They recruited Williams, Myvett, Johnson, and Beard between November 2009 and February 2010 to participate in the scheme. These crimes were committed throughout several Southern California counties including Orange, Los Angeles, San Diego, San Bernardino, and Riverside.

The six defendants used the counterfeit Travelers Cheques to defraud retail stores including T.J. Maxx, T.J. Maxx HomeGoods, and Marshalls. Each counterfeit check was in the amount of $100. The defendants used the checks to purchase store items usually valued over $100. They used Travelers Cheques to fraudulently purchase the items and received cash back for the difference. The defendants then took some of the fraudulently purchased items to a different store in the same chain and returned the items for cash.

Deputy District Attorney Yvette Patko of the Major Fraud Unit is prosecuting this case.

Four Charged with ATM Theft Conspiracy

Posted by CotoBlogzz 06-24-2010 11:30 AM

NEWPORT BEACH, CA  - Richard Dwayne Bockman, Ricky Joe Coffey, Curtis Edward Weber and Charles Earl Roberts are scheduled to be arraigned on additional charges  involved in a $400,000 conspiracy to steal Automated Teller Machines (ATM) using two stolen trucks and a stolen forklift.

All four defendants are being held on $1 million bail and all four defendants are charged with four felony counts of grand theft, two felony counts each of arson, commercial burglary, and vandalism, and one felony count each of conspiracy to commit an unlawful taking of a motor vehicle, conspiracy to commit grand theft, conspiracy to commit arson, and the unlawful taking of a motor vehicle.



If convicted, Roberts faces a maximum sentence of 15 years and eight months in state prison.

Bockman faces additional felony charges including one count each of attempted grand theft, vandalism and the unlawful taking of a motor vehicle.

Weber faces an additional felony charge for the possession of methamphetamine for sale.

Between May 30, 2009, and May 1, 2010, the defendants are accused of committing four ATM thefts using stolen pick-up trucks, a box truck, and a forklift. The thefts of the ATMs and trucks occurred in the Cities of Aliso Viejo, Anaheim, Fullerton, Long Beach, and Yorba Linda.

In each case, the defendants are accused of driving in a stolen truck early in the morning to businesses where ATMs, primarily School First Federal Credit Union ATMs, were free-standing or anchored into the ground with concrete. The defendants are accused of using a pallet jack or stolen forklift to move the ATM from the store into the back of the box truck and then fleeing the scene. In one case, Bockman is accused of attempting to steal an ATM on his own, but abandoning the ATM in the back of a stolen pick-up truck in the parking lot, leaving the cash and contents inside.

On May 1, 2010, the defendants are accused of leaving the stolen box truck in a Home Depot parking lot in Orange and setting fire to the inside. They are accused of burning the truck and an ATM that had been left inside to destroy the evidence and fleeing the scene.

Many of the thefts were captured on store surveillance videos. In all, the defendants are accused of stealing over $400,000 in money and property, including the ATM cash, check deposits, and machines, two vehicles, and the forklift.

On May 3, 2010, Bockman was arrested at Morongo Casino Resort & Spa after being linked through DNA to evidence left behind at a crime scene. At the time of his arrest, Bockman is accused of being in possession of over $19,000 in cash.

On May 4, 2010, Weber and Coffey were arrested at a hotel in Orange. Coffey is accused of being in possession of $3,000 cash and a Harley Davidson motorcycle he had purchased using stolen money. Weber is accused of being in possession of $2,000 cash, prescription pills, drug paraphernalia, and over 20 grams of methamphetamine.

The Orange County District Attorney's Office filed charges related to some of the thefts on May 6, 2010, and the investigation continued. A warrant was issued for the arrest of Roberts.  Roberts was arrested on the warrant at his sister's house in Orange on June 10, 2010.  He is accused of being in possession of a Harley Davidson motorcycle he had purchased using stolen money.

The two motorcycles, $25,000 in cash, and the abandoned property from the attempted ATM theft were recovered. Most of the stolen cash and property have not been recovered or was destroyed in the arson.

This case was investigated by the police departments in the Cities of Anaheim, Brea, Fullerton, and Orange, the Orange and Los Angeles County Sheriff's Departments, the Orange Fire Department, and the Orange County Crime Lab.

Anyone with additional information is encouraged to contact Supervising District Attorney Investigator Anthony Sosnowski at (714) 347-8814. Deputy District Attorney Israel Claustro of the Special Prosecutions Unit is prosecuting this case.

Monday, June 21, 2010

The iPAD & iLAW




Posted by CotoBlogzz 06-21-2010

Arguably, Apple Computer’s iPAD is revolutionizing the publishing industry forcing changes in content creation, distribution and improvements in electronic readers.

Likewise, iLAW is having a similar impact in the common interest development (CID) debunking the premise advanced by the Community Association Institute (CAI) – self described as an advocates for legislative and regulatory policies that support responsible governance and effective management, but in reality protecting the interests of the industry:  Property management companies and attorneys for instance, at the expense of the residents.



The Homeowners association statue is intended to limit local governance simply to repair and replace.  In reality, the average local governance behaves like the current administration and US Congress asserting in words and deeds that they are above the law:  “Rules, we do not need no stinking’ rules”, as a recent Congressman responded to how the Health Care Reform legislation was passed.

So, what is iLAW? 

iLAW refers to the wealth of information now available online, gratis, to the average homeowner’s association.  Take for instance The Associations and Common Interest Living articles and columns published in the LA Times by S. Glassman and D. Vanitzian.  These generally address reader’s questions, such as what to do with a) Pushy homeowners association lawyers  or what about   Property management company's tape-recording tactics can be hazardous to homeowners and even     A board of directors making a claim subsequently denied by the insurance company  then files and ends up in the wrong side of  the court's judgment even when  the insurer made a significant offer to settle the claim but  the board turned it down, all without advising the owners. 

Even the often asked question as to why board of directors refuse to allow residents to inspect individual invoices from the association' s attorney “because they frequently contain privileged information. Instead, invoices are reviewed by the board.” Citing  Smith vs. Laguna Sur Villas Community Assn. (2000) 79 Cal.App.4th 641 arguing that the board and not the ownersis the client, and that member inspection right  do not extend to documents subject to attorney-client privilege.  The response:  Hogwash!
In the recent past, residents simply engaged in the useless ritual of sending complaints to the attorney general, the California BAR and even the District Attorney’s office.  Now, residents can simply send questions to P.O. Box 10490, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com

Then there is George K. Staropoli’s website The website the industry and state governments don't want the public to read”

The takeaway is that the average homeowner is no longer required to wage a David v. Goliath-type of battle against her local governance.  There is iLAW, for instance.


 

Saturday, June 19, 2010

The Community Association Institute's Code of Ethics - Sort of

By George K. Staropoli Citizens for Constitutional Local Government 


Arizona's Augustus Shaw IV, only recently joining CAI's College of Community Association Lawyers, was enjoined from running for state representative by a Maricopa superior court decision.  Shaw was found to live in District 20, but wanted to run in District 17, and having given a number of justifications for living in District 17 as opposed to District 20.   Now, it should be quite simple, even if you are not a lawyer, to know where one really lives, unless you are looking "to pull a fast one."  See the Minute Entry, http://www.courtmin utes.maricopa. gov/docs/ Civil/062010/ m4270712. pdf

His law firm (http://shawlines. com/) proudly  portrays Shaw as, "AUGUSTUS H. SHAW IV affectionately known as the "HOA GUY" by his clients and friends."



Is this the caliber of membership in CAI's self-proclaimed lawyer's "honor" association?    What will CAI do, since it has a code of ethics, supposedly both for  members and a CCAL members?  I have not seen any evidence or documentation in my 10 years of watching CAI that any action was brought against a member or a CCAL member for violations of the respective codes of ethics.  What will other CCAL members of high exposure and national recognition do?  Continue to be linked to such activities by a fellow member?  You know, people like Beth Grimm, Curtis Sproul, Ron Perl, Donna Berger, Steve Weil, Samuel McNulty, etc.


And what about those state legislatures and town councils that employ CAI as the official educator of HOA boards and property managers?  What will they do?  They should be watching for a strong indication that CAI  removes members not of good character and standing, and who display unethical conduct, especially if they are a lawyer. 


How CAI reacts to this event tells a lot about what CAI really stands for, its integrity, and moral and ethical character.


What is wrong with this picture?



 Posted By CotoBlogzz 06-19-2010

Rancho Santa Margarita, CA - A self-described staunch conservative found a compelling reason to send an e-mail blast yesterday asking for, you guessed it more donations.  The way we see it, there are many problems with the request:  This candidate not only lost, but lost badly in the primary elections.  In fact, we called the California Trifecta one month before the primary.  This implies that the failed candidate while preaching about “making government live within its means”, was really doing an Obamanesque impression of “do as I say, not as I do”.  This is the same candidate who argued just a couple of years ago that "earmarks are just a small portion of the total budget", for instance.

Worse – while the failed candidate should have called the campaign as we did, to allow the winning GOP candidate to not only save money, but prevent the opposition from having to mine for dirt, this candidate kept the pedal to the medal in that mining expedition – an enabler of  what we refer to as the “GOP perfecting the recipe to snatch defeat from the jaws of victory.”



As if that was not enough, the failed candidate is a poster child for that political truism:  "To donate to a political candidate is so easy, a caveman can do it, while to reach that candidate takes to lobbyist."

What takes the cake is the call to action contained in the email blast: “Out of the three main Republican candidates running for Senate against Barbara Boxer, I had the strongest grassroots supporters.

What is wrong with this picture?

Friday, June 18, 2010

Alarming rise in short home sale fraud across in an industry rife with scam artists



Posted By CotoBlogzz 06-18-2010 01:00 PM

LOS ANGELES, CA  – The California Attorney General joined the California Department of Real Estate and the State Bar of California yesterday, to warn homeowners about an alarming rise in short sale fraud across California in a field rife with scam artists.

A short sale is an arrangement in which a homeowner sells his or her home for less than the outstanding mortgage, with the consent of the lender. 
Short sale negotiators and agents use a number of titles including debt negotiator, debt resolution expert, loss mitigation practitioner, foreclosure rescue negotiator, short sale processor, short sale coordinator and short sale expeditor. 




With so many homeowners now considering short sales, an entire industry of so-called short sale negotiators has emerged. These individuals solicit homeowners by promising to expedite the process and help coax lenders into taking part in the transaction. 

The Department of Real Estate is investigating more than 40 complaints of short sale fraud, up from "virtually zero" cases only three months ago, a spokesman said. 

In April, the Obama administration launched a new initiative called the Home Affordable Foreclosure Alternatives Program, which encourages homeowners in financial distress -- especially those who have failed to complete a trial modification or qualify for a loan modification -- to consider a short sale as an alternative to foreclosure. 

According to the Attorney General, before working with -- or paying -- any short sale negotiator, homeowners should consider the following red flags: 





No license : With limited exceptions, only licensed real estate agents or attorneys can engage in short sale negotiations with a homeowner's lender. 

Up-front fees  - Licensed real estate agents wishing to collect up-front fees from homeowners for short sale transactions must first submit an advance fee contract to the Department of Real Estate and receive a no-objection letter. 

Surcharges  - With many distressed properties listed well below market value, negotiators and agents are charging potential buyers thousands of dollars in surcharges and hidden fees just to place an offer on a home. These illegal fees are frequently not disclosed and are paid outside escrow. 

Straw buyers and house flipping  In this scheme, short sale negotiators misrepresent the market value of a property to a homeowner's lender by only submitting offers on the property from an affiliated straw buyer. After the home is purchased below market value, the fraudsters immediately flip it and pocket the difference. 


Complaints and or for more information:
If you are a homeowner who has been scammed, contact the California Attorney General’s  office at 1-800-952-5225 or file a complaint online at:www.ag.ca.gov/consumers/general.php. 

Homeowners can also learn more about avoiding mortgage and real estate fraud by visiting the Department of Real Estate website at: http://www.dre.ca.gov/cons_alerts.html. A complaint form can be accessed online at:http://www.dre.ca.gov/frm_consumer.html. 

Homeowners can file a complaint against a lawyer, a legal specialist or a company purporting to operate as a law firm with the State Bar by calling 1-800-843-9053 or visiting: www.calbar.ca.gov. 

Homeowners can learn more about the federal government's Home Affordable Foreclosure Alternatives Program by visiting:http://makinghomeaffordable.gov/hafa.html. 

Non-profit housing counselors certified by the U.S. Department of Housing and Urban Development are also available to provide free help to homeowners. To find a counselor in your area, call 1-800-569-4287. 

Wednesday, June 16, 2010

Getting around public records act Excuse Number 9




Posted By CotoBlogzz 06-20-2010

The good news is that California government code section 6250 was enacted because the legislature recognized that access to information concerning the conduct of government employees is a fundamental and necessary right of every person in this state. Such information means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.



Now for the bad news.  Any government employee and or bureaucracy can get around code section 6250 it if really wants to.

We previously described how the California Law Revision commission  simply excused a six-month black period where telephone records were missing  to a “service provider failure." In this case a telephone system failure. The implications being that any government entity can avoid being subjected to freedom of information act requests, by merely outsourcing its communication needs for example.

Now comes the California’s Department of Fish and Game with the following response I part:  “Even if the records you requested did exist, they would most likely be law enforcement investigatory records, exempt from disclosure under the Public Records Act pursuant to Government Code section 6254(f), see also, Haynie v. Superior Court, 26 Cal. 4th 1061 and Williams v. Superior Court, 5. Cal, 4th 337, according to senior staff counsel Nathan Goedde.  The implications are that when a parasitic bureaucracy does not want to disclose certain records, it can merely catalogue 

California's Public Records Act - Its the Loopholes Stupid

Posted by CotoBlogzz 06-15-2010


Rancho Santa Margarita, CA  California government code section 6250 was enacted because the legislature recognized that access to information concerning the conduct of government employees is  a fundamental and necessary right of every person in this state. The legislature in an effort to discourage the Madoff Syndrome, further declares that information means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.


So, how did Madoff get way without leaving a trail? He simply advised his cohorts not to write and or record anything.   Eerily, as we continue to look at parasitic bureaucracies, we find some parallels:



  


California Law Revision Commission
The California Law Revision Commission’s (CLRC) Executive Director Brian Hebert allegedly contacted a book publisher, to drop a book authored by a dogged critic. The book just happens to be a must read for residents fighting abusive common interest development/Homeowners association (CID/HOA) boards and for taxpayers fed up with the bloated California bureaucracy. We understand that as a result of the CLRC's actions, a lawsuit may be filed. Mr. Hebert refused to comment, stating that the CLRC does not comment on pending litigation matters.

We tried to determine the level of the CLRC’s involvement in the book matter studying phone record and expense reimbursement for CLRC staff for the period in question. We found there was a six-month black hole – a period where telephone records were missing. Mr. Hebert attributed the missing documents to a “service provider failure." In this case a telephone system failure. When questioned further as to what the CLRC was prepared to do to make sure the agency would be responsive to future freedom of information act requests, Mr. Hebert reasoned that his agency was not big enough and had to outsource its telephone needs. The implications are not inconsequential when it comes to transparency and accountability: Any government entity can avoid being subjected to freedom of information act requests, by merely outsourcing its communication needs for example.

“UOP ordinarily keeps records of all long distance calls, as an integrated part of their telephone service system. Unfortunately, their system malfunctioned, and stopped recording long distance call details during the period you've described. That error affected all of the phone lines at the McGeorge School of Law in Sacramento, including the lines assigned to the Law Revision Commission. As a result of that error, UOP has no long distance phone records for McGeorge for that time period. Consequently, long distance call information for that period was never provided to my agency, despite my requests that it be provided. To my knowledge, the information does not exist,” said Mr. Hebert. That is, all that a parasitic bureaucracy needs to do to outskirt the California legislature is to outsource its facility needs.
Orange County Sheriffs Department
In pursuing a piece we call FileGate in Laguna Woods, we filed a Public Records Request with the Sheriff on February 5, 2009, and although it took the department until February 17, 2009 to deny they had any records, a Laguna Woods resident did get a response directly from the responsible Lieutenant. saying  “the incident was documented in an Information Report, not a Crime Report.  You were not listed as a suspect of a crime.” – which means that the FileGate was not robbery or burglary as initially listed by the Homeowners association with the helped the of the OCSD investor - one of the FileGate outstanding questions.  In other words, the OCSD was not responsive to the PRA request: Messages left in the OCSD’s voice mail and or email does not show up.
California Department of Fish and Game
The Coto de Caza local governance in its infinite wisdom, with reserves at less than 30% (when they should be at 70%), not only continues to subsidize no-residents at the tune of $3 million per year, but continue to waste money pursuing annexation by the City of Rancho Santa Margarita. Since the city cannot see a compelling argument for annexation, the local governance continues to waste money left and right. The latest is building a Dog Park – the idea was apparently discussed in closed session (statute is very clear as to which topics can and cannot be discussed in closed session), including being in violation of California Department of Fish and Game. As we investigated claims that the Department of Fish an Game had filed a complaint with the Orange County District Attorney, we are told by a Department of Fish and Game representative that if the issue is classified as “under investigation”, then the department is not obligated to release any information. As we pressed, it was clear that all a parasitic bureaucrat needs to do to skirt the California legislature is to label the information as “under investigation” and that department will not release any relevant information.
Orange County Transportation Authority
In large part because of our efforts, a reported on the accident suffered by Coto de Caza resident Patti Pattison while was driving South on the 241 Toll Road,  the California Highway Patrol (CHP) was able to crack the case. Not thanks to the TCA and or the Toll Roads – while the department never responded to our PRA request, eventually it cooperated with the CHP investigator.
We have been asking lawmakers to look at California’s Triple Threat- that should include looking at the current loopholes being used by parasitic bureaucracies to skirt the spirit and the law of the Private Records Act

Tuesday, June 15, 2010

Coto de Caza Subsidizing Public Nuisance?




Posted By CotoBlogzz 06-15-2010  08:00 PM

Coto de Caza, CA - You suspect there is something wrong when visitors driving by look at you funny.  You start to confirm there is something wrong when the obnoxiously loud music you hear is not Malibu rap  AND your neighbor’s kid's Mustang is no where to be seen - explains why people were looking at you funny:  they think YOU are the one playing the obnoxiously pounding loud drinking music.  You know there is something wrong when the same pounding music continues for hours,  the lights are off all around the neighborhood, and there does not seem to be anybody home.



So what is going on?  Is this a drug scene?    Just in case, perhaps it is better to call the Orange County Sheriff’s department (OCSD) so it can investigate, after all, Coto’s $1.7million/year meter maids are probably busy checking RVs that might have exceeded their overnight parking allotment.

Think, think.    – perhaps it is better to check yourself, before calling the OCSD  just to be sure.  After all, it could be the neighbor’s welfare at issue here. Check -  neighbor is not home.



Has the Flea Market come to Coto de Caza to follow the subsidized Polo Club and or the Yocham/Varo Dog Park?  After all, the local governance continues to subsidize no-residents at the tune of over $3 millon/year.  The answer is a probably no.  At least in the Orange County’s Flea Market, the music is localized – all you need to do if you find the music obnoxious is walk to the next booth.
What about an early summer concert?  After all, the so-called music is louder than at any event ever held at the Irvine Verizon’s Amphitheater.
Skendarian law suit

By now it is 9:30 PM and the annoying music continues to blast but is not from a dues-paying neighbor but from a Coto-subsidized venue:  The Coto Gold Club.  Clearly the music is “drinking music” and undeniably the spirits are flowing freely.  To add insult to injury, it is more than the subsidies in this case, it  is the liability:  Usually, when DUI-related accidents happen, the liability is usually associated with the association.  Just take a peek at the Skendarian lawsuit settlement

Thankfully, the obnoxious music stopped at around 10:00 PM, before a series of bad decisions were activated.

The next day, we asked Coto’s local governance represented by Xochitl Yocham and Bruce Banigan.  The question to the local governance is: Did local governance authorize  the subsidized organization’s public nuisance and if so, what was the rationale, particularly when the board’s only authority by statue is to repair, replace and maintain.  We also asked Ms. Yocham and Mr. Banigan if the  board did not provided such authority, what is the board prepared to do?

So far, we have not heard why a subsidized organization is allowed to engage in public nuisance, but a dues-paying resident would be taken to task, no questions asked.


 Master Association is subsidizing a public nuisance, and whether the Golf Club and other.


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