OCDA, OCSD and OCDA in full prevent defense mode related to the three escaped & recaptured inmates from the OC jail

Posted by CotoBlogzz

Rancho Santa Margarita, CA - According to a press release from the Orange County District Attorney's (OCDA), arraignment for the three escaped, and recaptured, inmates,  Bac Tien Duong, 43, Hossein Nayeri, 37, Newport Beach, and Jonathan Tieu, 20, Fountain Valley, from the Orange County jail will likely be February, 1, 2016.

According to the OCDA office, more than 50 Orange County District Attorney Office (OCDA) personnel were involved in the assistance of the investigation and the preparation for the cases relating to the jail escape

Graciously, OCDA Tony Rackauckas offers "kudos to Sheriff Sandra Hutchens and all law enforcement, the media, and the public for working together to bring these three escaped inmates to justice with no civilian or police getting hurt or killed. By all of us working together, these escapees ran out of rocks to hide under."  However, Sheriff Hutchens has yet to answer for the troubling signs of a deteriorating culture within the department.

According to the OCDA,  it had  been working on the escape of the three inmates in four different aspects: a. writing and approving search warrants b. entering international warrants with Interpol, c.  providing legal expertise throughout the investigation, and d. providing dozens of OCDA Investigators to the Orange County Sheriff's Department (OCSD) in assisting in its investigation and surveillance.
Roughly at the same time of the OCDA press release, Sheriff Hutchens issued a response to a letter hand-delivered  on Friday, January 29, 2016 by the Association of Orange County Deputy Sheriff’s (AOCD)

Following is the response to the AOCD letter from Sheriff Hutchens:

I have been very clear from the onset of the jail escape investigation that I am deeply concerned about the length of time it took to recognize that three maximum security inmates were unaccounted for.  I have initiated an internal administrative investigation to determine the facts of what occurred, contributing factors to the escape and inmate count procedures.  Until the investigation is complete, I am unable to discuss further.  Please know that we have taken immediate action to ensure that this situation will not happen again, and that the safety of our community is my highest priority.

There have been no personnel changes as of this time.

The problem with the Sheriff's letter is that she emphatically states that "Please know that we have taken immediate action to ensure that this situation will not happen again, and that the safety of our community is my highest priority."  But she does not know what happened, and what happened put the community at large in danger. 

Coto de Caza Peter Panian Drivers Strike Again

Posted by CotoBlogzz

Coto de Caza, CA - Just yesterday, we wrote about how the Coto de Caza HOA, The CZ Master Association manages dangerous curves in the community and today Coto de Caza Peter Panian Drivers trying to support our argument struck again!  But wait. there is more, Lazy or Tight Fist Golfers almost cause an accident in the same place.  This could not have happened, even if I had staged it.

Yesterday I described how a driver damaged a big chunk of the white fence just feet from the moronic "Caution Golfer" sign, and earlier today, a driver struck another chunk of the white fence, right at the corner of San Miguel and Coto de Caza Drive, on the east-bound side of San Miguel, justa few feet from the previous damage!

4-way sign clearly marked on the asphalt and with stop signs at the four corners

 Keep in mind that the corner is clearly marked as a four-way stop and a 40 MPHspeed limit some 50 feet from the corner.

The only explanation for the damage at a 4-way stop is that a driver was speeding taking the corner and did not stop

The only explanation for this damage at the corner of a 4-way stop, is that the driver, not unlike Coto's HOA legal counsel,  according to case:   SHMV0038019, On 12/09/2015, Harkins was approved for Traffic School, for " Unsafe speed for prevailing conditions"

Also keep  mind that we previously identified this intersection and this road as one of Coto's most dangerous.  The sad part is that as of today, there are no signs that the $1.5 Million/year glorified meter maid UPS has done anything and the HOA of course has done nothing.   Worse, I have established a correlation between CHP patrol hours and traffic accidents in the community.  I have been battling with the HOA for months, without success,  trying to ascertain the level of CHP patrol hours, which we think are not sufficient.  Below is the text of a letter sent to Keystone Pacific representative  Sandra Hidalgo on December 6, 2015,  on the subject:

I am in receipt of your letter dated November 3, 2015.  It is such a good illustration of the LIDDD approach, now apparently perfected by the dynamic duo of James Harkins and Keystone, that I am going to suggest Mr. Joseph Miner uses it as Exhibit A in his lawsuit. LIDDD stands for Lie, Ignore, Deflect, Deny, Dis-inform.    I do not quite understand if this is done out of gross incompetence or sheer evil.
 I do not know what they teach in HOA communications class, but seems to be a mixture of leegaleze and a foreign language – I will provide examples below
 For starters, you continue to conflate two separate requests:  1.  One request is to inspect Lawyer Expenses and 2.  The second one is to inspect CHP patrol hours. I will continue to address the two issues separately
 In item 5 of your aforementioned letter, you state that “….there would be a $10 staff fee for time to create a pdf file……  We did not receive a response.”  My letter dated September 28, 2015 states:  “Since you are having difficulty sending me the requested information via email as you state in your letter dated September 17, 2015, please feel free to send it via post” – how do you translate that sentence into HOA lingo?
 Again, to be clear, you have FAILED to supply the requested information and the CZ Master Association has not been responsive to my request to inspect records, and it is clearly using the LIDDD strategy to cover itself
 As you know, the CZ Master Association is the most litigious HOA in Southern California.  Further, James Harkins has charged an HOA $30,000 for a simple Small Claims Court case, and a resident lost his condo due to an improperly parked RV.  In your case, a simple request for records is taking months, and God knows what Keystone is charging the CZ Master association, but in the end, it is us the residents who pay, regardless of the quality of response

To make matters worse, the CHP which we previously characterized as the most professional law enforcement organization, is not being cooperative ever since Captain J. Fonseca took over at the San Juan Capistrano Office.

But to make matters worse, just as I took the pictures of the newly damaged fence, some six lazy, tight wads, stupid, or all of the above,  golfers cross the dangerous San Miguel street, right where the fences have been damaged.

Lazy, Stingy, Stupid, or all of the Above Golfers cross a dangerous street - car barely avoids the

All the signs pint to another traffic fatality waiting to happen.  We forecasted the previous three and only traffic fatalities,  days before they happened, and we are concerned we may be right again!

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  Coto de Caza, CA - The California Highway Patrol  (CHP) traffic accident report for the fourth quarter of 2013 ending December 30, 2013 (4Q2013) shows the traffic accident rate in Coto de Caza is at an all time high at rates comparable to the ones when the CZ Master Association board of directors fired the CHP with fatal consequences in December 2005 and March of 2006.

  
  

  
  

  
  

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  Using the Qualys tool, the CZ Master Association’s website gets a  grade of F.   So does its security company’s, Universal Protection (UPS) website

  
  

  
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Central Men’s Jail Saga in OC Comes to End: All three Escaped Inmates in Custody!

Posted By CotoBlogzz

Rancho Santa Margarita, CA - The last two inmates who escaped the Central Men’s Jail in Santa Ana , Hossein Nayeri and Jonathan Tieu were captured this morning by the San Francisco Police Department, according to OCSD spokesperson Carie Braun..

Escaped inmate Bac Duong was the first to return to custody when he turned himself in on Friday January 29, 2016 at 11:30 a.m. in Santa Ana.  

This morning, at approximately 8:50 a.m. escaped inmates Tieu and Nayeri were captured by the San Francisco Police Department. 

A citizen recognized the white van that the escapees were believed to be using and approached San Francisco Police officers who were in the area on an unrelated call.  Officers approached the van and Nayeri fled on foot. He was captured after a short foot pursuit. Officers then returned to the van to find escapee Tieu attempting to hide inside.  Both Nayeri and Tieu were taken into custody without incident or injury.

Sheriff Sandra Hutchens would like to thank both the public and the media for their assistance in apprehending these fugitives..

How the Coto de Caza HOA manages Dangerous Curves in the community

Posted By CotoBlogzz

Coto de Caza, CA - For years I have argued that the idea of posting "Caution Golfers" signs in Coto's most dangerous curves, is moronic.: If golfers are too lazy to use proper sidewalks, then they should rent a golf cart, or not play golf, after all, golf is supposed to be a sport is it not?  Likewise, if golfers want to play golf in Coto de Caza, but are too stingy and do not want to pay for a cart rental, then they should not play golf!

Past HOA board president, Robert Varo did not listen then, and current president Xochitl  Yocham has yet to act.  In fact, Varo refused to install “Caution Children Playing” signs but fully supported the moronic ones.

A few weeks ago I posted pictures of two cars blocking San Miguel, one of the most dangerous curves in Coto,  in both directions, east/west, at around midnight. 

Accident at San Miguel right at the "Caution Golfers" sign, blocking both directions:  November 19, 2015 at 11:30 pm

 Earlier this week in the same place, a car run over a  white fence.  After a week of the fence being down, there are no signs that Coto's $1.5 million/year glorified meter maid UPS has stopped by.

The only explanation for this damage is that the driver, not unlike Coto's HOA legal counsel,  according to case:   SHMV0038019, On 12/09/2015, Harkins was approved for Traffic School, for " Unsafe speed for prevailing conditions"

The wrecked fence is just 50 feet from the " Caution, golfers" sign and the latter is just about 60 feet from a 30 MPH sign.  The problem is that drivers here do an average of 60 MPH on any given hour.

The wrecked fence is just 50 feet from the " Caution, golfers" sign, which is 60 ft from the 30 MPH sign that everybody ignores and instead drive at 60 MPH

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Long Beach couple Amalya Cherniavsky & her husband, Vladislav Tcherniavsky sentenced in $1.5 million Medicare scam

Posted By CotoBlogzz

Rancho Santa Margarita, CA - Amalya Cherniavsky, 41, and her husband, Vladislav Tcherniavsky, 46, both of Long Beach , were sentenced today for their roles in a $1.5 million Medicare fraud scheme and , were ordered to pay $614,418 in restitution according to announcement by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, Special Agent in Charge Chris Schrank of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) Los Angeles Region, Assistant Director in Charge David Bowdich of the FBI’s Los Angeles Division and Special Agent in Charge Joseph Fendrick of the California Department of Justice’s Bureau of Medi-Cal Fraud and Elder Abuse made the announcement.

U.S. District Judge Terry J. Hatter Jr. of the Central District of California ordered Tcherniavsky to serve 51 months in prison.  On Oct. 15, 2015, a federal jury convicted both defendants of one count of conspiracy to commit health care fraud and five counts of health care fraud. 

The evidence at trial demonstrated that Cherniavsky owned JC Medical Supply, a purported durable medical equipment supply company that she co-operated with Tcherniavsky.  Evidence further showed that the defendants paid illegal kickbacks to patient recruiters in exchange for patient referrals and paid kickbacks to physicians for fraudulent prescriptions—primarily for expensive, medically unnecessary power wheelchairs—which the defendants then used to support fraudulent bills to Medicare. 

Between 2006 and 2013, the defendants submitted $1,520,727 in claims to Medicare and received $783,756 in reimbursement for those claims, according to evidence presented at trial.  

The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Central District of California.  HHS-OIG’s Los Angeles Regional Office, the FBI and the California Department of Justice’s Bureau of Medi-Cal Fraud and Elder Abuse investigated the case.  Attorneys Blanca Quintero and Kevin R. Gingras of the Criminal Division’s Fraud Section prosecuted the case. 

Arthur Budovsky, Founder of Liberty Reserve Pleads Guilty to Laundering More Than $250 Million through His Digital Currency Business

Posted By CotoBlogzz

Rancho Santa Margarita, CA  - Arthur Budovsky, the founder of Liberty Reserve, a virtual currency once used by cybercriminals around the world to launder the proceeds of their illegal activity, pleaded guilty today to running a massive money laundering enterprise, according to announcement by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Preet Bharara of the Southern District of New York.

Budovsky, 42, pleaded guilty to one count of conspiring to commit money laundering before U.S. District Judge Denise L. Cote of the Southern District of New York.  He is scheduled to be sentenced on May 6, 2016.

“After a prior conviction for operating an unlicensed money transmitting business, Budovsky developed Liberty Reserve, which quickly became a premier service used by criminals around the world to launder their criminal proceeds,” said Assistant Attorney General Caldwell.  “As a result of this global investigation, however, Budovsky was returned to the United States to face justice once again.”

According to the indictment filed against Liberty Reserve, Budovsky and six co-defendants and Budovsky’s admissions at today’s hearing:  Budovsky specifically designed Liberty Reserve, which billed itself as the Internet’s “largest payment processor and money transfer system,” to help users conduct anonymous and untraceable illegal transactions and launder the proceeds of their crimes. 

To grow the business and evade the scrutiny and reach of U.S. law enforcement, Budovsky emigrated to Costa Rica, where he and other defendants began operating Liberty Reserve, and in 2011, Budovsky renounced his U.S. citizenship and became a Costa Rican citizen.  Budovsky told U.S. immigration authorities that his company was developing a software that “might open him up to liability in the U.S.”   

Liberty Reserve became one of the principal money-transmitting services used by cybercriminals around the world to amass, distribute, store and launder the proceeds of their illegal activity, including proceeds of investment fraud, credit card fraud, identity theft and computer hacking.  Before the U.S. government shut down Liberty Reserve in May 2013, it had more than 5 million user accounts worldwide, including more than 600,000 accounts associated with users in the United States, and had processed millions of transactions.  Budovsky admitted in his plea agreement to laundering more than $250 million in criminal proceeds.

Four co-defendants, Vladimir Kats, Azzeddine El Amine, Mark Marmilev and Maxim Chukharev, have already pleaded guilty.  Marmilev and Chukharev were sentenced to five years and three years in prison, respectively.  Kats and El Amine await sentencing before Judge Cote.  Charges remain pending against Liberty Reserve and two individual defendants who are fugitives.

The U.S. Secret Service, the Internal Revenue Service-Criminal Investigation and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations worked together in this case as part of the Global Illicit Financial Team.  The U.S. Secret Service’s New York Electronic Crimes Task Force assisted with the investigation.  The Judicial Investigation Organization in Costa Rica, Interpol, the National High Tech Crime Unit in the Netherlands, the Spanish National Police, Financial and Economic Crime Unit, the Cyber Crime Unit at the Swedish National Bureau of Investigation and the Swiss Federal Prosecutor’s Office also provided assistance. 

Orange County Escaped Inmate Bac Duong Turns Self In

Posted By CotoBlogzz

Rancho Santa Margarita, CA – On the thee three escaped inmates from the Orange County Jail, Bac Duong is in custody.  According to OCSD spokesperson Carrie Broun,  just before noon on Friday January 29, 2016 Duong turned himself in at a location in the city of Santa Ana. 

Inmates Jonathan Tieu and Hossein Nayeri remain outstanding. 

The OCSD emphasizes that It’s imperative that the community remain vigilant and report any information they may have as to the whereabouts of Tieu and Nayeri.

Investigators believe that Tieu and Nayeri may be in a white, 2008 GMC Savana utility vehicle pictured below.

If you see the fugitives or the van, immediately contact 9-1-1. If you have information, the hotline is 714-628-7085. Anonymous tips may be provided to OC Crime Stoppers at 1-855-TIP-OCCS

Pervert LAPD officer Ryan Eric Galliher sentenced

Posted by CotoBlogzz

Rancho Santa Margarita, CA.  - A Los Angeles Police Department (LAPD) officer was sentenced today for attempting to commit a lewd act with a 12-year-old girl and indecent exposure to five female victims in Huntington Beach, according to the Orange County District Attorney's (OCDA) office.

Ryan Eric Galliher, 35, Huntington Beach, was found guilty by a jury on Dec. 1, 2015, of one felony count of attempted lewd act upon a child under 14 years old, one felony count of contacting a minor with the intent to commit a lewd act, six misdemeanor counts of indecent exposure, and one misdemeanor count of engaging in lewd conduct. Galliher was sentenced to one year in jail, mandatory lifetime sex offender registration and five years of formal probation.

At the time of the crimes, Galliher was employed as an officer with the LAPD.

On Oct. 23, 2014, HBPD officers on patrol, located Galliher, who matched the description reported previously by several victims, and arrested him at the scene.

Deputy District Attorney Jess Rodriguez of the Special Prosecutions Unit prosecuted this case.

Deputy Lost His AR-15 Patrol Rifle, OCSD seeks public help to find it.

Posted By CotoBlogzz

Rancho Santa Margarita, CA  Calif. – On Wednesday, January 27, 2016, an Orange County Sheriff’s Department deputy assigned to the Southwest Operations Division’s Aliso Viejo Station lost  his AR-15 patrol rifle, according to Lt. Jeff Hallock.  Numerous resources including reserve deputies, bloodhounds and investigative personnel immediately began a search of the area in and around the station as well as retracing the streets he drove on.

AR-15 Rifle Information: Colt (Semi-Auto Only) AR15, .223 Caliber, 20” Barrel, Black in color, Serial Number: A0091856, contained in a black nylon rifle bag, with 3 loaded magazines. Weapon did not have any attachments such as optics or lights. Only standard rifle sights.  

On the evening of Tuesday, January 26, 2016 at approximately 7 p.m., the deputy was preparing his equipment to go in service for his assigned shift.  At some point, he placed the rifle on the trunk of the patrol vehicle; however, became distracted and drove off before securing it in his vehicle.  At approximately 3:15 a.m., the deputy realized the rifle was unaccounted for and an immediately search began.

The deputy indicated that he drove on several streets in both the cities of Aliso Viejo and Laguna Hills; however, was unable to pinpoint a specific location where the rifle may have been lost.  The active search for the weapon continues utilizing all available resources. 

Anyone with information or who locates the weapon is asked to immediately call the Orange County Sheriff’s Department at (714) 647-7000.  

Anonymous tips may also be submitted to Orange County Crime Stoppers at 855-TIP-OCCS (855-847-6227

Mass Conifer Killings in Coto de Caza

Posted by CotoBlogzz

Coto de Caza, Ca - Some six months ago I asked the CZ Master Association's president Xochit Yocham to consider sweeping house by firing James Harkins and Keystone Pacific.  Why, You may ask?  

At least six perfectly healthy conifers have been taken down in a stretch less than 1/4 of a mile on Coto de Caza Dr. North of San Miguel.

Consider this: The legacy of Keystone Pacific, James Harkins and the CZ Master Association,  a most toxic triad, is that the community has seen three traffic fatalities, the highest crime and vandalism rate per capita compared to  other gated or on-gated communities and have turned the association into the arguably the most litigious homeowners association in Southern California.

Harkins invoiced the HOA $30,000 for a Small Claims Court case!

Because of Harkins, a person lost his condo due to an improperly parked RV.

Keep in mind that Harkins, on multiple occasions, argued that the HOA, CZ Master Association was beyond the jurisdiction of local, regional, state and federal law, and he also that lawyers like himself, were also above the law - but not 

According to 

Case Number: SHMV0038019

On 12/09/2015, Harkins was approved for Traffic School, for " Unsafe speed for prevailing conditions"

Additionally, numerous complaints have been filed with the California Attorney General against Keystone and Harkins, as well as a number of California Bar Association complaints against the latter.  Now it looks as the legal eagles have come home to roost, as Mr. Harkins is involved in various  failed lawsuits.  See for example:  http://cotobuzz.blogspot.com/2015/07/homeowner-sues-coto-de-cazas-keystone.html

With this dubious legacy, I say it is time for a new start.

The best way to do this is to break up the toxic triad:  terminate the relationship between the association, Keystone and Harkins.  Additionally, turn the association into a normal one with direct elections, openness, transparency and respect for law and order. The benefits cannot be more obvious, including increased equity in the community which can translate directly into increased property values

As expected, Ms Yocham never responded to this request.

The Killing of the Trees

Turning to the close to $1.5 million/year landscaping budget, I see that the landscaping on the South side of San Miguel Street, the O'Connell side of the fence, has not been refreshed in over a decade, as opposed to the one maintained by Wendt, which seems to have several teams working around Coto de Caza Drive and Vista del Verde.  The first question that comes to mind, is who is minding the store?

Crews active on the North side of San Miguel

As if that was not enough, several conifer and maple trees are being taken down in the Wendt side without rhyme of reason - Some trees have been taken down and the areas remain barren.  In other areas, however, additional trees are planted in an already crowded area!

While some areas  overcrowded, others remain barren

Trees cut down several years ago - area left barren:  Multiple areas in Vista Del Verde

while not too far,  a couple of blocks away, after cutting trees,  areas remain barren, roughly at the same time as when the other trees were planted in an already overcrowded area.

CZ Mantra:  Areas with less landscaping, more will be taken

In fact, of all the trees I have observed, most are more alive that the majestic tree: http://cotobuzz.blogspot.com/2012/11/rip-majestic-coto-de-caza-oak-tree.htm that the association actively tried to kill, even though it was the Coto Golf Course's responsibility.

Perfectly healthy conifer sentenced to death

Now, pine trees are known for the longevity with a lifespan of 300 to 500 year, with an 800-year old tree documented in Utah. Maple trees live 130-300 years.  A last check with the Discovery Center Biologist at Big Bear says that most of the mature conifers at Big Bear are older than 1,000 years!

On the one hand, one maintenance company seems to be butchering trees liberally, perhaps to increase the invoicing, and the other one is not doing anything.

Who is then minding the landscaping?