Theft

Juvenile Accused of Rape of Intoxicated Woman in Morgan Hill (CA Penal Code §261(3))

After a night of drinking, a woman (40) decided to do what she thought was the responsible thing and take a taxicab home.  However, she was so intoxicated that, once they arrived at her residence, the cab driver needed some help getting her into her home.  A woman and her son (16-years-old) offered their assistance.  So far, this seems like the story of two good Samaritans who, without any good reason, wanted to help a neighbor. However, the 16-year-old son has been accused of returning to the woman’s house later that evening, raping her, and then bringing two other juveniles (one...

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East Bay Paralegal Caught Stealing From Law Firm (18 USC, Chapter 63)

San Lorenzo’s 42-year-old Ana Reyes is not an attorney.  She has never attended law school and never passed the Bar in any state of the union.  Reyes did, however, work for an attorney in with law offices in both Union City and Alameda– Brian Ching.   For 15 years, she managed the office, acted in a secretarial capacity, and did paralegal work. By all accounts, everyone in the office trusted her.Yet, Reyes managed to steal approximately $327,000 from her employer. How did she manage this?  First, Reyes pretended to be a lawyer, handling clients that Ching never knew about and keeping the legal...

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Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  A man, was standing outside of a local watering hole when he was approached by another individual, who wanted a taste.  When the beer-drinker refused, the stranger took the bottle from him, hit him over the head, and stole his cell phone.  The assailant may...

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Hoang Brothers of Fremont Accused of Web Priacy (CA Penal Code §653)

Many of us have laughed at FBI warnings for years.  We settle in to watch a favorite Blu-ray or legally downloaded movie and it appears: the message about movie piracy: “You wouldn’t steal a handbag…You wouldn’t steal a car…Illegally downloading movies is stealing.” Some newer discs even include fast-paced public service announcements with what is meant to be ‘trendy’ music and an outdated ‘90s vibe. These have been spoofed on the Internet and television so many times that they have become a joke.  However, for three brothers in Fremont (Hop, Tony, and Huynh Hoang), it would have been wiser to...

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Accused’s Right to Privacy Questioned in San Francisco Robbery (CA Penal Code §211)

When it comes to police searches, there are very specific rules across the country and in the state of California (4th Amendment, U.S. Constitution).  The law attempts to create a balance between the rights of citizens and the rights of law enforcement agencies.  Yet, in the current age of technological advancements, including cellular phones, some of the traditional ways that law enforcement officials gather evidence in criminal cases have recently been brought into question.  When can anyone have a reasonable expectation of privacy in police searches? In San Francisco, in 2009, a couple was robbed at gunpoint (CA Penal Code §211)...

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Identity Thief Uses Missing Childrens’ Names (18 US Code §1028A)

In this, the digital age, it’s not uncommon for people to worry about their identities being stolen.  Someone manages to access your personal information and, suddenly, your bank account is empty, your credit card company is calling you, asking about charges you never made, and your entire world seems to be turned upside down.  Identity theft is a serious crime; it can ruin a person’s reputation, besides making their financial future difficult.  However, it is a common enough occurrence – heck, there’s even a motion picture comedy entitled, “Identity Thief” which pokes fun at the fact that this kind of...

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DNA on Stamp Leads to Arrest of Ex-County Supervisor in Santa Clara

Typically, we hear about DNA-related evidence in cases of rape or other such crimes.  Rarely is DNA evidence used in cases of fraud.  But, this is exactly what happened when George Shirakawa, Jr. (ex-Santa Clara County Supervisor) sent illegal campaign mailers to unsuspecting citizens of Santa Clara County in 2010. At that time, the City Council race was tight and the mailers that were sent connected former candidate Magdalena Carrasco with the Vietnamese government – and suggested that she was a communist. Shirakawa was charged with impersonating a City Council candidate (CA Penal Code §528-§539), which could land him with a...

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ANIMAL CRUELTY CASE RESULTS IN 2 DAYS IN JAIL FOR UC BERKELEY LAW GRAD (CA Penal Code §597)

When 26-year-old Hazhir Kargaran went on a trip to Las Vegas with a few of his UC Berkeley law school pals, he may never have imagined it landing him in jail.  We’ve all seen movies like “The Hangover,” in which several friends get into strange situations while on vacation in the city that advertises itself as a place where “what happens” there “stays there.”  However, this was not the case for Kargaran, who has been convicted of participating in beheading an exotic bird that lived in the Flamingo Hotel’s wildlife habitat.  He and two of his buddies had evidently been...

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7 YEAR WIRE FRAUD CONVICTION OF LOS GATOS ATTORNEY UPHELD (CA Penal Code §186.9)

Bay area lawyer David Prince still maintains his innocence in a stock fraud scandal that cost his clients over $1.1 million.  The original 2011 conviction was five counts of wire fraud, though, on appeal in the U.S. Circuit Court of Appeals, Prince argued that he never had any intention of purposefully defrauding the 30 investors he assisted.  Instead, he admits that he simply made some very bad decisions.  Prince’s situation was made worse by the fact that the court considers him a member of a profession that people believe they can trust.Wire fraud is considered a federal crime (CA Penal...

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CALIFORNIA LOWER COURTS VIOLATE 4th AMENDMENT RIGHTS IN LA

The United States Constitution protects citizens from unlawful search and seizure.  Part of what is known as the Bill of Rights, this amendment is meant to prevent law enforcement or government officials from fabricating evidence, planting evidence, or illegally obtaining evidence for later use against suspects in various crimes.  The 4th Amendment is also part and parcel of a balancing of governmental power with individual rights.In 2006, the U.S. Supreme Court upheld these 4th Amendment rights, maintaining that, in non-emergent situations, police cannot enter an individual’s home without a warrant without permission.  Lower courts in California have, however, ruled that...

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