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The People of the Accompaniment of California
Case No RIF 1602262
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CONFLICT OF INTEREST
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Criminal case beneath Government Code 1090 requires:
At the time the ULC principals alternate in the authoritative of the band contract, they had a banking interest, as ULC accustomed cogent amounts of money from band gain due to their absolute arrangement with the Burghal to accomplish all engineering and architecture administration assignment in the City. Not alone did ULC accept ample sums of money from the band proceeds, but the principals of ULC were permuted to assurance their own requisitions forms from the band proceeds.
The accepted elements of abstraction include:
Embezzlement by a accessible agent pursuant to PC 504 requires that the defendant, (1) is an ambassador of a burghal or added borough cooperation or subdivision thereof or a deputy, clerk, or assistant f such an officer; (2) who fraudulently appointed acreage in his backing and ascendancy entrusted to him for a use or purpose not in a allowable beheading of that trust. (People v. Redondo (1993) 10 Cal.App.4th 1428, 1432.)
The Burghal about acted as their ambassador of its own TUMF program, accession TUMF from assorted sources, captivation on to it, and application it aural the Burghal about Kapanicas, Dillon, Egger, and Moorjani wanted.
Beaumont’s remittance forms afflicted per time as the Burghal afflicted its alibi for not sending TUMF to WRCOG.
The CFD Excuse
The Credit Acceding Excuse
The B-TUMF Excuse
The Development Acceding Excuse
Sometime in 2008, WRCOG’s new antecedent abstraction was released, blurred the fee from $10,046 per EDU for residential development to about $8,000 per EDU. Although the antecedent abstraction alleged for the lower fee, Beaumont connected to allegation $10,046. A Developer contacted Dillon to accuse and appeal a absolution for the alterity in the fee agreements. Dillon told the developer they charge the money for the roads. The developer asked for a antecedent abstraction acknowledging the college fee. Dillon was never able to aftermath on.
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When Dillon would not acknowledge to the developer’s complaint and abate the fees, the developer went to the WRCOG to complain. WRCOG acclimated this as affirmation in adjoin Beaumont. WRCOG and Beaumont attempted to ability a adjustment acceding over the contributed TUMF, but could not. In August, 2008, they entered into a civilian tolling acceding and again in 200 Beaumont was clearly removed from the TUMF affairs for non-compliance. In 2010, WRCOG brought a command of authorization clothing adjoin Beaumont gluttonous the contributed TUMF. In 2014, the adjudicator disqualified in favor of WRCOG, award “the affirmation and affidavit reveals that Burghal administration and agents affianced in a arrangement and convenance of bamboozlement that transcends the archetypal accord and booty of altercation negation. Had this been a archetypal civilian balloon absolute allegations of fraud, I would accept begin artifice by bright and acceptable affirmation adjoin the City.”
MISAPPROPRIATION OF PUBLIC FUNDS DEFINED
Penal Code area 424 provides, “Each ambassador of this state, or of any county, city, town, or commune of this state, and every added being answerable with the receipt, safekeeping, transfer, or cost of accessible moneys, who either:
MISUSE OF A RESALE PERMIT DEFINED
Revenue and Taxation Code area 6094.5 provides, “any person, including any ambassador or agent of a corporation, who gives a resale affidavit for acreage which he or she knows at the time of acquirement is not to be resold by him or her or the association in the approved advance of business for the purpose of artifice acquittal to the agent of the bulk of the tax applicative to the transaction is accusable of a abomination amiss as provided in Area 7153.”
RELEVANT FACTS/EMPLOYEE LOANS
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In May of 2010, the Chief of Police, Francis Coe Jr. was accustomed a $20,000 absorption chargeless accommodation of Burghal money. Chief Coe approached Aylward, the Burghal Finance Director, and told him that he bare a accommodation but did not appetite to banknote out his sick/vacation time as was accustomed to Burghal advisers because he did not appetite to pay teas on the money received. Aylward came up with a plan acceptance Coe to accept a accommodation backed by ailing time as collateral. He took the abstraction to Kapanicas and Kapanicas agreed. Aylwaard has accepted that they did not seek Burghal Council’s approval for the loan.
The Burghal does nt accept annal of anyone accepting one of this loans above-mentioned to Chief Coe. Chief Coe’s 2010 accommodation abstracts are active by himself and Aylward. Chief Coe took a additional accommodation of $25,000 on November, 16, 2012. The accommodation certificate from 2012 were active by Chief Coe, Kapanicas, and Aylward.
Other than Coe, nine added individuals accustomed “sick loans” amid January 2011 and August 2013. According to Aylward, any Burghal agent who had abundant vested time could booty advantage of the program. However, all of the nine individuals that accustomed absorption chargeless loans were affidavit accord officers. The loans ranged from $1,500 to $25,000. Chief Coe’s $25,000 laon was the better amount. The absolute bulk of loans accustomed out amid the years 2010 through 2014 was $113,773.
REVELANT FACTS/BEAUMONT ELECTRIC
Sometime in 2009, Kapanicas and Aylward began to accommodate Burghal funds to Beaumont Electric, a clandestine business amid in the Burghal of Beaumont. Kapanicas approached the owners of Beaumont Electric, Jim and Stacey Love, and told the that the Burghal of Beaumont has acquired a resale admittance in the name of the Beaumont Finance Ascendancy (BFA). The Burghal was intending to accomplish all Burghal purchased in the name of BFA with the resale permit.
In an accomplishment to abduction added sales tax acquirement than could be accomplished with aloof Burghal purchases, Kapanicas asked the Loves to accomplish all of Beaumont Electric’s purchases for ample electrical accessories with the BFA resale permit, able that the City’s accepted armamentarium would pay Beaumont Electric’s vendors.
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