Alleges prosecutorial misconduct, claims retaliation; says evidence used was unlawfully obtained, information withheld from defense; separate matter from and not involved in racist text scandal

Devon Wenger, who was not terminated but resigned, faces charges of attempted civil rights violations, illegal use of force, conspiracy to distribute and possession with intent to distribute anabolic steroids

“There’s a lot there that is political.” – Attorney Nicole Castronovo

Oakland, CA – A former Antioch Police officer who spoke out against sexually explicit group texts among department members is fighting back against a malicious prosecution which has made him the scandal’s scapegoat as punishment for blowing the whistle.

Former Officer Devon Christopher Wenger of the Antioch Police Department, who resigned from the force on June 5, 2023, and is embroiled in a high-profile case stemming from the department’s texting scandal, filed a motion to dismiss the charges against him which have been grossly exaggerated as retribution.

The motion to dismiss was filed Monday, Nov. 4, 2024, by Wenger’s attorney, Nicole Castronovo, and argues evidence used against Wenger was unlawfully obtained, undermining his right to a fair trial. Castronovo further alleges prosecutors improperly withheld key exculpatory information from the defense.

“The manner in which this investigation was conducted shows a blatant disregard for Wenger’s constitutional rights,” Castronovo said. “We have uncovered that evidence has been manipulated, critical facts have been omitted and exculpatory material has been ignored. This entire case is being levied against my client as a vicious act of retribution and is a gross misuse of the criminal justice system.”

Along with other Antioch officers, Wenger was arrested on Thursday, August 17, 2023, and prosecuted as a result of the investigations by the FBI and the Office of the Contra Costa County District Attorney. He was originally charged with 21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids; 18 U.S.C. § 1519 Destruction, Alteration, and Falsification of Records in Federal Investigations and 18 U.S.C. §§ 241 Conspiracy Against Rights, 242 Deprivation of Rights Under Color of Law. (See related articles here, here and here)

However, Castronovo said Wenger is facing only three charges, “conspiracy to commit civil rights violations based solely on the text messages and with illegal use of force, for using what’s called a 40,” which is a non-lethal weapon. “He did so at the command of his sergeant, and it was within policy. So, they charged him for something found to be within policy,” she added. Wenger is also facing the steroid charges in a separate case in which he’s represented by a different attorney.

Regarding his claim of having whistleblower status Castronovo said, “He was a whistleblower on all kinds of things. His lieutenant had an affair with Wenger’s girlfriend. There’s a lot there that is political. He didn’t send any of the racist text messages. He also blew the whistle on a sexting scandal.”

Recently filed court documents uncovered a prior FBI investigation into the Antioch Police Department during which evidence was mishandled and not appropriately sealed. That evidence, in an unrelated, State-level case, is now potentially being used by federal prosecutors against Wenger.

Key to Wenger’s claims of misconduct include a declaration highlighting the testimony of Larry Wallace, who served as a high-ranking law enforcement advisor under Vice President Kamala Harris during her tenure as California Attorney General. Wallace resigned after being sued for sexual harassment and now works as an investigator in the Contra Costa DA’s Office.

Federal prosecutors failed to mention Wallace was part of a joint operation with the FBIstarting in November 2021. The government also did not disclose the FBI’s simultaneous seizure of Wenger’s phone in the unrelated state-level investigation.

In a testimony given on October 25, 2024, Wallace admitted he illegally mishandled sensitive data and failed to seal private information during his involvement in the FBI investigation of the Antioch Police Department in 2021. The mishandling of that evidence resulted in the unauthorized use of Wenger’s personal communications and violated his legal right to privacy. It also violated the stringent rules of CalECPA (California Electronic Communications Privacy Act).

In addition, the Herald later broke the news on Aug. 17, 2023, that Wallace also failed to properly redact officers’ names, cell phone numbers and alleged crimes in a report released to the media. Exclusive: Contra Costa DA’s Office under fire for releasing report revealing phone numbers of Antioch Police Officers in text scandal, names of Antioch, Pittsburg officers, alleged crimes in FBI investigation | Antioch Herald

The chain of evidence log demonstrates that the FBI seized Wenger’s phone on March 28, 2022, well before federal warrants were signed authorizing the seizure of evidence in this current case and raise significant questions about the legality of the evidence and the government’s representations to the Court.

Federal prosecutors also misrepresented to the Court the number of search warrants in existence, referring to only two warrants in their moving papers (dated May and July of 2023), which postdate Wallace’s defective state warrants in the earlier FBI investigation.

These misrepresentations are critical, as the defense contends that the Independent Source Doctrine, invoked by the government to justify the evidence, cannot apply under such circumstances, where an investigation since its inception has been a joint task force between state and local agencies.

Castronovo also questions the independence of the investigation, arguing that federal prosecutors heavily relied on data from state-level investigations, which violated the Independent Source Doctrine.

“We are determined to see that justice prevails,” Castronovo emphasized. “Officer Wenger is entitled to a fair trial, free from unlawful manipulation and misconduct by those in power.”

APOA Attorney Submits Declaration About Wallace in Support of Wenger

Michael Rains, the attorney for the Antioch Police Officers Association, whose firm has been representing more than a dozen officers caught up in the investigations, submitted a Declaration in Support of Wenger’s Motion to Dismiss “based upon prosecutorial misconduct and ineffective assistance of counsel, in the alternative defendant requests a change of venue.” In his declaration, the APOA attorney wrote of his cross-examination of Wallace in another case in which Rains was defending an Antioch Police Officer. He wrote, “According to California Penal Code Section 1546.1, also known as CalECPA, it is a legal requirement to seal any information obtained through the execution of a search warrant that is unrelated to the objective of the warrant. Any such sealed information should not be subject to further review, use, or disclosure except pursuant to a court order or to comply with discovery as required by Sections 1054.1 of the Penal Code.

“When I questioned Wallace at arbitration as to whether he had complied with the requirements of CalECPA he admitted that (1) he neither sealed the information nor (2) did he seek any further order from the court to use the information for any other purpose. From my involvement in discipline cases involving several Antioch officers, I know the text messages relied upon by the City of Antioch to terminate officers, did not result from a Court Order authorizing such use,” the APOA attorney’s declaration further states.

Rains also wrote, “Wallace admitted in his testimony that he ha last received training on search warrants in 2004, and never received any training concerning CalECPA, which became law in 2021, as it pertains to writing search warrants.”

“Wallace testified that in November 2021, he received an anonymous postcard from the Pittsburg Police Department as well as information from the Federal Bureau of Investigation (FBI) regarding steroid use amongst Antioch Police Officers and Pittsburg police officers and a joint investigation was launched by the FBI and the Contra Costa County DA’s office,” the declaration states. “It was communicated to Wallace that the Chief of Pittsburg Police Department gave the post card to Chief of Inspectors Arnold Threets, who then assigned the investigation to Wallace. ‘Almost simultaneously’, upon receipt of the postcard Wallace was visited by FBI Agent Thuy Zobach regarding issues in the wiretap room concerning Officer Timothy Manly Williams of the Antioch Police Department. Notably the postcard never mentioned Devon Wenger…by name.”

Asked if one of the 8 cell phones seized by Wallace was Wenger’s personal cell. Castronovo said it was. According to Rains’ declaration, the phones were seized by Wallace in 2022, after he prepared the state warrant on March 22nd that year. Wallace turned it over to the FBI on March 28th. But I have a receipt for property on April 11, 2022, that includes Wenger’s phone, which is when they gave it back to Wallace,” Castronovo shared. “So, they probably dumped it during those two weeks. But the FBI didn’t issue a warrant for it until the following year.”

The judge in the hearing for Castronovo’s motion to suppress the evidence from the phone, “chose to listen to the FBI. He’s a former Assistant U.S. Attorney,” she explained. “The federal prosecutors just called it moot and said they wouldn’t use the evidence, which was really fishy, to me.”

“What’s interesting in their moving papers they said there were only three search warrants,” which would have only covered three phones, Castronovo shared. “But in the FBI’s search warrant it shows there were eight,” for the eight phones.

Rains Also Exploring Legal Options, Damages to Officers for Wallace’s Release of Information

As previously reported, Mike Rains, attorney for the Antioch Police Officers Association whose firm has been representing more than a dozen officers caught up in the investigations said, “I am exploring legal options including a possible lawsuit related to our grave concerns about the way in which this report was ordered released by the court to begin with, when I was supposed to be given the opportunity on behalf of the officers to seek a protective order.”

“Plus, the release by the DA’s Office when they told me, the judge told me to tell Chief Assistant DA Simon O’Connell to not release the report until I had the opportunity to be heard,” he continued. “We tried to set up dates with the defense attorneys on Monday, after the morning appearance I made. Then I received an email from O’Connell on Tuesday that the judge ordered the report released. I feel betrayed by both the judge and by the DA’s Office.”

“I’m exploring the damages done to the officers due to the actions by the DA’s Office,” Rains added.

DA’s Office Will Not Comment

Wallace and the Contra Costa DA’s Office were asked for comment regarding the claims about his testimony in Wenger’s case. The DA’s spokesman, Ted Asregadoo, responded, “We will not comment on an active federal prosecution in which the Contra Costa District Attorney’s Office was involved or address the inaccuracies in the press release you shared. However, we want to clarify that Larry Wallace, an employee of our office, acted in compliance with a court order to release information to defense attorneys in a March 2021 murder case in the City of Antioch.”

Wenger’s Next Hearing Possibly Dec. 10

The next hearing for Wenger is tentatively scheduled for December 10, 2024, at the United States District Court for the Northern District of California, where these and other issues raised by the defense’s motion to dismiss will be addressed.

Allen D. Payton contributed to this report.

Unveiling the top 10 U.S. states with highest cybercrime losses last year

By CyberNut

Cybercrime surged to unprecedented levels in 2023, resulting in over $12.5 billion in losses across the United States. Discover which states suffered the most significant financial impacts and delve into the factors driving these staggering losses in our comprehensive analysis.

• California ranks #1 among states that experienced cybercrime loss
• California lost around $2.16 billion in 2023. due to cybercrimes
• California alone accounted for approximately 17.3% of the total cybercrime losses in the U.S. in 2023

Cybercrime has become a growing threat to businesses, schools, and individuals all over the United States, with more than $12.5 billion in potential losses incurred in the last year alone. But some states are bearing the brunt of the financial losses – is your state one of them? 

“This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals,” notes Oliver Page, CEO of CyberNut.

Page delves into the top ten U.S. states that experienced the highest cybercrime losses in 2023, exploring the potential reasons behind these staggering figures. 

Rank	State	Loss (in USD)
1	California	2,159,454,513
2	Texas	1,021,547,286
3	Florida	874,725,493
4	New York	749,955,480
5	New Jersey	441,151,263
6	Pennsylvania	360,334,651
7	Illinois	335,764,223
8	Arizona	324,352,644
9	Georgia	301,001,997
10	Washington	288,691,091

10. Washington

Washington’s thriving tech industry makes it a prime target for cybercriminals. Oliver Page says, ‘With major tech companies like Microsoft and Amazon headquartered here, the state holds vast amounts of valuable data.’ Attacks on these giants and smaller businesses contributed to the state’s losses in 2023, which amounted to over $288 million.

9. Georgia 

Atlanta’s status as a significant financial hub plays a role in Georgia’s cybercrime losses, which reached over $300 million last year. Oliver Page notes, ‘The state houses numerous banks and financial institutions, attracting cybercriminals seeking to exploit vulnerabilities in the financial sector.’

8. Arizona

Arizona’s growing population and businesses make it susceptible to cyber threats. Small to medium-sized companies, often with fewer cybersecurity resources, become easy targets. The state’s focus on healthcare and education makes it a prime target for ransomware attacks.

Arizona lost over $320 million to cybercrimes last year.

7. Illinois 

Illinois, particularly Chicago, is a center for business and commerce. The state’s diverse economy, including finance, healthcare, and manufacturing, offers cybercriminals a variety of lucrative targets. Cybercrimes in Illinois in 2023 reached over $335 million.

6. Pennsylvania 

‘Pennsylvania’s large number of healthcare providers and insurance companies make it a prime target for data breaches,’ said Oliver Page. Cybercriminals exploit vulnerabilities in these sectors to steal sensitive information, leading to significant financial losses. In 2023, these losses amounted to some $360 million.

5. New Jersey

New Jersey, in fifth place, experienced over $441 million in cybercrime losses, potentially due to its proximity to New York and its own thriving financial and pharmaceutical sectors. 

4. New York

Oliver Page says, ‘New York, the fourth-highest state, suffered nearly $750 million in losses, reflecting its status as a global financial hub and the presence of numerous high-profile companies and organizations, all of whom are a prime target for cybercriminals.’ 

3. Florida 

Florida ranks third, with nearly $875 million suffered in cybercrime losses. ‘The state’s reliance on tourism, real estate, and financial services, as well as its large elderly population, make it vulnerable to scams and data breaches,’ Oliver Page says. 

2. Texas 

The state of Texas comes in second with over $1.02 billion in losses, likely due to its large population, diverse economy, and significant presence in industries like energy, finance, and healthcare, all of which are prime targets for cyberattacks. 

1. California 

California tops the list as the state with the highest cybercrime losses in 2023, reaching a staggering amount of nearly $2.16 billion. 

Oliver Page notes, ‘This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals.’ 

Cybercrime’s Devastating Impact

These staggering cybercrime losses have a significant impact on the overall economy and financial system. Oliver Page says, ‘The theft of sensitive data, financial fraud, and disruption of critical infrastructure can lead to decreased consumer confidence, higher insurance premiums, and increased costs in every area for businesses and individuals.’

To mitigate these risks, businesses, organizations, and individuals in these high-risk states should implement robust cybersecurity measures, such as:

• Regularly updating software and systems to address known vulnerabilities.
• Implementing strong access controls, including multi-factor authentication and password management.
• Providing comprehensive cybersecurity training for employees to recognize and respond to phishing attempts and other social engineering tactics.
• Regularly backing up data and testing incident response plans to ensure business continuity in the event of a breach.
• Cyber insurance should be considered to transfer some of the financial risk associated with cyber threats. 

About CyberNut

CyberNut is a security awareness training solution built exclusively for schools. CyberNut’s automated campaigns train your school’s faculty, staff, & students to recognize and report the phishing emails and deep fake Al scams that are targeting your school district, making CyberNut the easiest and the most painless security awareness training solution to implement and manage for school IT departments.

Methodology

The data on U.S. states with the highest cybercrime losses is taken from the FBI’s Internet Crime Report 2023, Page 25 (https://www.ic3.gov/Media/PDF/AnnualReport/2023_IC3Report.pdf).  After collecting the data, we ranked it based on the highest losses to the respective state. The total amount of money lost ($12.5 billion) was taken from the same report.

Following wiretap investigation into East Bay drug suppliers and significant seizures of fentanyl, methamphetamine, cocaine and cash

Attempt to use FBI investigation of APD officers as a defense denied

Third man convicted is illegal alien from Mexico; among 13 defendants indicted in 2019

Each face maximum sentence of 20 years in prison for every count on which they were convicted

By U.S. Attorney’s Office, Northern District of California

SAN FRANCISCO – A federal jury has convicted three defendants—Luis Torres Garcia, Evan Martinez Diaz of Bay Point, and Timothy Peoples of Antioch—of multiple drug trafficking offenses following an eight-day trial, announced United States Attorney Ismail J. Ramsey and Drug Enforcement Administration (DEA), San Francisco Field Division, Special Agent in Charge Brian M. Clark. The jury convicted the defendants on all counts, rendering its verdict on February 14, 2024, after deliberating for two hours. The verdict followed a trial before the Hon. Richard Seeborg, Chief U.S. District Judge for the Northern District of California.

The three were among 13 defendants indicted in May 2019 “on narcotics trafficking charges, announced United States Attorney David L. Anderson and Drug Enforcement Administration (DEA) Special Agent in Charge Chris D. Nielsen.  The indictment follows the arrest of five of the defendants on April 30, 2019, and the execution of search warrants at thirteen locations, including nine residences in Contra Costa County, Humboldt County, Fairfield, Suisun City and Modesto.” (See related article)

The evidence at trial included calls intercepted between April 2018 and February 2019 as part of a federal wiretap investigation into two drug suppliers in the East Bay. The intercepted calls established, among other things, that both suppliers received drugs from sources in Mexico. At trial, the government also presented evidence of several significant drug seizures including: 8.8 pounds of fentanyl and heroin in May 2018, valued at as much as $1.1 million, according to uncontested evidence at trial; 18 pounds of methamphetamine in August 2018; and 20 pounds of methamphetamine and one kilogram of cocaine in February 2019. The evidence at trial also established that law enforcement seized more than $300,000 in drug-related cash over the course of the investigation.

Peoples, 44, of Antioch, California, was arrested after law enforcement officers found cocaine in his home, and charged with two counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)–(C). Evidence presented at trial showed that Peoples was a regular customer of an Antioch-based cocaine wholesaler from whom he bought some 10.5 pounds of cocaine for more than $120,000 in a 90-day period. Peoples used the codeword “babies” to refer to ounce quantities of cocaine. The evidence at trial established that Peoples then sold cocaine to his own customers in smaller quantities and used his proceeds to buy expensive cars.

Attempt to Use FBI Investigation of Antioch Police Officers to Defend Himself Denied

According to the judge’s opinion, “In the course of the federal law enforcement investigation in this case, the Drug Enforcement Agency (“DEA”) and Bureau of Alcohol, Tobacco, and Firearms (“ATF”) were assisted by officers from the Antioch Police Department in executing search warrants and evidence collection, the bulk of which occurred in 2018 and 2019. Since then, several Antioch police officers have been accused of, and indicted for various crimes, including civil rights violations and wire fraud.” (See related articles here and here)

During the court case, “Peoples insisted that the federal case against the Antioch officers was relevant because two members of the Antioch Police Department accused of misconduct were present at the search of Peoples’ home on April 30, 2019.”

The opinion continued, “The defendants previously filed a discovery motion to compel production of impeachment material related to Antioch police officers who assisted with the DEA and ATF investigation of the defendants in the instant case. That motion was denied.”

“An evidentiary hearing was set to determine threshold matters in relation to the motion. Having considered the parties’ briefs, witness testimony, and admitted exhibits from the hearing, the government’s motion is granted, and the defendants are prohibited from referencing the federal investigation of any Antioch police officers.”

The opinion provided background to Peoples’ claim and the judge’s denial.

“Anticipating the issue would reappear at trial, the government filed MIL No. 12 to prevent the defendants from referencing Antioch police misconduct in the presence of the jury without first establishing relevance for fear that this would result in undue prejudice to the government. Dkt. (Docket) 489. In response, Peoples suggested that witnesses and the DEA-6 report regarding the search of Peoples’ home, authored by DEA Agent Mikhail Job, identified Antioch officers accused of misconduct as having participated in the April 30, 2019, search of Peoples’ residence.

Shortly before the pretrial conference, Peoples submitted a supplemental opposition to MIL No. 12 with information he and the government had just learned. Dkt. 521. In that supplemental opposition, Peoples contended that Agent Job had identified Antioch Officer Morteza Amiri, who has since been indicted on wire fraud charges and civil rights violations, as having entered Peoples’ residence alone for five to ten minutes along with his police dog after the occupants had been cleared out and before the official search began. Peoples also suggested that Antioch Officer Kyle Smith, who allegedly exchanged racist texts with other Antioch officers, joined the search of Peoples’ home. The government filed a supplemental response contending that Agent Job received erroneous information from the DEA case agents and had mistakenly named the wrong Antioch officers on his DEA-6 report. Dkt. 528. According to the government, Officers Amiri and Smith were not present at the search of Peoples’ home but were participating in the contemporaneous search of Defendant Lorenzo Lee’s residence. At the pretrial conference, the threshold question of whether Amiri was present at the search of Peoples’ home remained unresolved. The only potential relevance of the Antioch officers’ misconduct turned on whether Amiri and/or Smith were present at Peoples’ residence such that Peoples could infer the police planted evidence.”

Furthermore, “Peoples failed to establish that a jury could reasonably find that Amiri was present at Peoples residence on April 30, 2019 by a preponderance of evidence. At the evidentiary hearing, both sides admitted several witnesses and exhibits, and the government’s evidence was considerably more persuasive. The government’s witnesses included several law enforcement agents who corroborated their version of the events on the day in question. The testimony of two Antioch officers, Kevin Tjahjadi and Brayton Milner, who participated in the search of Peoples’ residence, was particularly persuasive. Both stated unequivocally that neither Amiri nor Smith joined in that search. The Antioch Police Department CAD reports regarding the search of Peoples’ residence further supported this version of events, identifying only Tjahjadi and Milner as the participating officers.”

Martinez Diaz, 31, of Bay Point, California, was charged with three counts—conspiracy to distribute methamphetamine and cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(B); possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B); and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The evidence at trial established, among other things, that on February 9, 2019, Martinez Diaz was transporting about 20 pounds of methamphetamine and one kilogram of cocaine through a residential neighborhood in Antioch, California, when he realized he was being followed by law enforcement—which knew about the drugs through intercepted calls. Martinez Diaz began driving erratically, briefly evading law enforcement and directing a co-conspirator to discard the drugs he was carrying in the bushes on a residential street. A short time later law enforcement located the drugs, which evidence at trial established had street retail values of $177,860 (methamphetamine) and $40,000 (cocaine). After Martinez Diaz was stopped by police and released with a traffic citation, he was intercepted on a call telling his supplier that he had seen law enforcement and discarded the drugs to avoid arrest. (See judge’s opinion)

Torres Garcia, 38, an illegal alien from Mexico, residing in Rio Dell, California, was charged with conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1) and (b)(1)(A). The evidence at trial showed that Torres Garcia was a Humboldt County drug trafficker, who used the nickname “Guero.” Torres Garcia received methamphetamine shipments on credit from a Fairfield, California-based drug supplier. On August 8, 2018, the Fairfield supplier attempted to send about 18 pounds of methamphetamine—valued at $158,000—to Torres Garcia in Humboldt County. DEA agents and the Sonoma County Sheriff’s Office intercepted the drug courier and seized the drugs during a vehicle stop on Highway 101 near Healdsburg, California. In February 2019, the DEA tracked Torres Garcia to a meeting in Windsor, California, where Torres Garcia delivered about $13,800 in cash to a courier for his drug supplier. Although he was present throughout the trial and listened to closing arguments, Torres Garcia absconded before the jury handed down its verdict; he is now a fugitive. (See judge’s opinion)

According to the judge’s opinion, “Luis Garcia-Torres, defendant, an alien who had previously been deported or removed from the United States to Mexico on or about May 19, 2016, was found in the Eastern District of Texas, said defendant not having received the express consent of the Attorney General and the Secretary of Homeland Security, the successor, pursuant to United States Code, Title 6, for re-application for admission to the United States, all in violation of 8 U.S.C. § 1326(a).”

Sentencing Hearing June 11, 2024

Judge Seeborg scheduled a sentencing hearing for June 11, 2024. Torres Garcia faces a maximum sentence of life imprisonment and a minimum sentence of 10 years in prison. Martinez Diaz and Peoples each face a maximum sentence of 20 years in prison for every count on which they were convicted. However, the defendants’ sentences will be imposed only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF 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.

Assistant U.S. Attorneys Daniel Pastor and Joseph Tartakovsky prosecuted the case with the assistance of Erick Machado. This prosecution is the result of an investigation led by the DEA Oakland Resident Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives; Homeland Security Investigations; U.S. Customs and Border Protection; U.S. Postal Inspection Service; the police departments in Fairfield, Antioch, Concord, and Oakland; the Sonoma County Sheriff’s Office; and the California Highway Patrol.

Allen D. Payton contributed to this report.

Press conference held on arrests, indictments of 3 current, 3 former APD, 3 former Pittsburg and 1 Oakland Housing Authority cops; face up to 10 to 20 years in prison and $250,000 to $500,000 in fines

Three Antioch officers charged with civil rights crimes for their alleged conspiracy to use unnecessary force in deploying munitions and a police K-9

“This is a complicated investigation. These always are.” – U.S. Attorney Ismail Ramsey – “Every defendant is assumed innocent until proven guilty in a court of law. No defendant is charged with all the charges in all the conduct.”

By Allen D. Payton

U.S. Attorney for the Northern California District Ismail Ramsey in his first press conference in San Francisco and Special Agent in Charge of the FBI San Francisco Division Robert Tripp, shared information about the 10 current and former Antioch and Pittsburg Police officers who were arrested this morning on multiple charges. It follows the four indictments issued by the federal Grand Jury, yesterday and which were unsealed, today.

Joining Ramsey and Tripp at the press conference were Contra Chief Assistant District Attorney Simon O’Connell and several members of the prosecution team, Laura Vartain, Chief of the U.S. Department of Justice Northern California Special Prosecution Unit including Alethea Sargent, Assistant U.S. Attorney, Criminal Division, Eric Cheng Assistant U.S. Attorney, Special Prosecutions, and Assistant U.S. Attorney Ajay Krishnamurthy.

Indicted and arrested are current Antioch officers Morteza Amiri, Eric Allen Rombough and Community Service Officer Samantha Genoveva Peterson, former APD officers Daniel James Harris, Devon Christopher Wenger and Timothy Allen Manly Williams, as well as former Pittsburg officers Amanda Carmella Theodosy (aka Nash), Patrick James Berhan and Ernesto Juan Mejia-Orozco, and Oakland Housing Authority officer and Brauli Rodriguez Jalapa.

After a year-and-a-half investigation by the FBI and Contra Costa DA’s Office for what were referred to as “crimes of moral turpitude”, committed by the current and former officers were finally described. Ramsey said they include conspiracy to violate civil rights, conspiracy to commit wire fraud, distributing anabolic steroids, obstruction and civil rights violations.

“Every defendant is assumed innocent until proven guilty beyond a reasonable doubt in a court of law. No defendant is charged with all the charges in all the conduct,” he stated.

Ramsey then described the four indictments against the officers.

The first he labeled the “college degree benefits fraud indictment” in which “officers sought to defraud the Antioch and Pittsburg Police Departments. They hired people to attend classes and take exams for them. They conspired…to reap the financial benefits without putting in the work.”

“Two defendants are charged with distributing anabolic steroids,” Ramsey continued. “One of the two defendants destroyed evidence. Those are former Antioch officers Daniel Harris and Devon Wenger.

“One defendant is charged with obstruction indictment,” he continued. “A police officer destroyed, altered evidence to obstruct a federal investigation…monitored a wiretap. He used his own personal phone to call a defendant in the wiretap.” That refers to former Antioch officer Timothy Allen Manly Williams.

Ramsey said he is “Also charged with a civil rights violation in confiscating a citizen’s phone and destroying it to conceal evidence.”

The fourth he referred to as the “deprivations of rights indictment…a 29-page indictment of three officers in the Antioch Police Department.” They include the “improper deployment of canines and weapons to harm individuals in and around Antioch. They boasted about illegal use of force and texted photos of injured individuals,” Ramsey said. That indictment includes current officers Morteza Amiri, Eric Allen Rombough and Wenger.

He referred to them as “a group of officers who acted is if they were above the law. They tried to escape scrutiny by failing to submit truthful reports and deploy body warn cameras.”

Asked later about that claim since Antioch officers didn’t have body worn cameras during the time period of their alleged crimes, DOJ Nor Cal spokesman Abraham Simmons responded, “I am certain he is referencing the allegations actually in the indictments. I can look again at the indictments.”

“Officers take an oath,” Ramsey continued during the press conference. “The indictments paint a picture, today that demonstrate officers who have violated that oath.

“All officers indicted have been arrested,” he added and thanked those involved including CCDA Becton.

FBI Special Agent in Charge Tripp said, they “arrested nine subjects. All are or were associated with the Pittsburg or Antioch Police Departments. Three were current employees who had been placed on administrative leave.”

The arrests were made in “the Bay Area, Hawaii and Texas” and “more than 100 law enforcement employees participated,” he stated.

Tripp said it was the result of “more than two years of painstaking work.” 

“The FBI treated these arrests like any other operation,” he said. “We used the same techniques and assessed the risks.

“This case has been the SF Field Office’s top priority,” Tripp continued. “We use the term color of law for the shorthand of someone using their official position to undermine public confidence in the law and undermine the fundamental rights of our citizens.”

“Color of law violations will not be tolerated. Not all indictments are color of law violations. Any breach of the public trust is unacceptable. Nobody is above the law,” he stated.

In response to a question from a member of the media “will more indictments be coming down,” Ramsey said, “The investigation is still continuing,” Ramsey said.

Asked “can we expect any state charges?” he said. “We’re here to comment on our charges. The investigation on the federal side is continuing. We are now at the point where we have indictments returned and individuals in custody.”

Asked where the court cases will be held Ramsey said, “This case is venued in Oakland. There have been numerous hearings today. The schedule for additional appearances is being worked out.”

Asked about those arrested in Texas and Hawaii Ramsey said, “The arraignments for those will happen in the districts where they were arrested. They then have to…be brought to here, to address the charges on this case.”

“Civil rights violations under the color of law are a priority…of my office and the FBI’s,” he stated

Asked about the text messages he responded, “As laid out in the indictment there’s a series of text messages…in which officers are bragging about violating citizens’ civil rights and texting photos of citizens. We believe these are egregious and has led to these charges. This is a complicated investigation. These always are. We have four of the ASA’s who worked tirelessly on this case. They’re prepared to take steps necessary to prosecute.”

“Civil rights violations are a unique priority of ours. I don’t want you to think steroid distribution or wire fraud are not serious. They’re federal violations,” Ramsey added.

Press Release Offers Additional Details in Indictments

A press release labeled “Bad Apples Indictment” was issued later Thursday with additional details about the indictments:

At the press conference, U.S. Attorney Ramsey referred to the first indictment as the “college degree benefits fraud indictment.” According to the indictment, six defendants engaged in a conspiracy to defraud police departments out of taxpayer dollars, including the Antioch and Pittsburg Police Departments, by claiming they had earned college credits toward degrees when, instead, they paid others to attend classes and take exams for them. Specifically, beginning in June of 2019, Officer Patrick James Berhan of the Pittsburg Police Department utilized a person identified as “Individual 1” to complete multiple college courses on his behalf.  The courses were credited toward Berhan’s completion of a Bachelor of Science degree in Criminal Justice. Berhan allegedly received a degree and then applied for and received reimbursements and increases to his pay from Pittsburg Police Department.  Further, the indictment alleges Berhan “promoted Individual 1’s services” and “benefited from payments received by Individual 1 in furtherance of the scheme.”  The indictment describes how five other members of the police departments retained Individual 1 to complete similar coursework from the university.  Each paid money to Individual 1, obtained a degree based on the fraudulent coursework, and applied for benefits including reimbursements and increases in pay from their law enforcement employer.

The second indictment charges two defendants with conspiring to distribute anabolic steroids.  The indictment describes how Officers Daniel Harris and Devon Wenger, both of the Antioch Police Department, allegedly conspired illegally to distribute the drugs to an unnamed customer.  The indictment also alleges that Harris possessed and attempted to possess the drugs, and that Wenger attempted to delete evidence of the scheme from his cellular phone prior to handing the phone over to law enforcement officers. 

The third indictment charges a single defendant, Timothy Allen Manly Williams (Manly), also then with the Antioch Police Department, with three charges—two involving alleged interference with a wiretap investigation and the third involving the illegal seizure and destruction of a telephone.  The indictment alleges that on March 23, 2021, Manly was assigned to a “wire room” where, pursuant to a court order, he was supposed to monitor communications between a target and others who contacted the target by telephone.  While monitoring the target, Manly allegedly used his personal cellphone, dialed a special code to ensure his number would not appear to others, and called a target of the investigation.  After dialing the number, Manly also designated his call to the target to be “non-pertinent” ensuring the 14-second conversation would not be recorded.  Manly also allegedly made entries on the wire logs to suggest that the call he made resulted in no answer and no audio.  The indictment further alleges that on May 6, 2021, Manly was on the scene when another officer deployed a police dog when arresting a person. Upon seeing a witness using a cellular telephone to record the aftermath of the incident, Manly allegedly seized the witness’s telephone and destroyed it.

The fourth indictment charges three Antioch police officers—Morteza Amiri, Eric Rombough, and Devon Wenger—with conspiracy against rights and deprivation of rights under color of law.  The 29-page indictment describes how the defendants allegedly communicated with each other and others about using and intending to use excessive force against individuals in and around Antioch.  The uses of excessive force included deployment of a K9, deployment of a 40mm “less lethal” launcher, and other unnecessary violence.  Further, the indictment alleges that the defendants deployed uses of force as “punishment” to subjects “beyond any punishment appropriately imposed by the criminal justice system,” and allegedly made repeated reference to or suggestion of violating the civil rights of their victims.  Examples in the indictment include the following:

• On July 24, 2019, Amiri allegedly pulled over a bicyclist, identified as A.A., for failing to have lights on after dark.  The indictment alleges that “[i]n the course of apprehending A.A., Amiri punched him multiple times; K9 Purcy then bit A.A. in the arm, injuring him.”  Amiri then shared pictures of the victim’s wounds with other Antioch police officers who exchanged text messages including: “Yeah buddy good boy pursy,” “F[expletive] that turd,” and Amiri later stated “Detectives already called PRCS and got him a 45 day violation and we are gonna leave it at that so i don’t have to go to court for the bite. easy.”  In response to a question from another officer about what cut the dog’s face, Amiri responded, “that’s a piece of the suspect’s flesh lol.” 
• On October 8, 2020, Amiri allegedly sent a text message identifying a transient living in Antioch identified as M.Z. stating “anyone that finds him gets code [a free meal or beverage].  This f[expletive] stole my mail and was trying to open accounts under my name.” Wenger responded “Lets beat his f[expletive] ass I’m down after work morty” According to the indictment, the recipients of Amiri’s message located M.Z. later that evening. Amiri then arrived on the scene, shoved M.Z. against a wall and threatened to kill him. The indictment also alleges that a few months later Amiri texted another group of officers in reference to M.Z., “few months ago, I tracked him down and dragged him to the back of a car to ‘discuss’ the matter,” and “putting a pistol in someone’s mouth and telling them to stop stealing isn’t illegal. . .  it’s an act of public service to prevent further victims of crimes” 
• On May 5, 2021, Rombough accompanied other Antioch police officers who responded to a report that transients were living inside a privately-owned unit.  While responding, Rombough and another officer located a couple lying on a bed inside a room.  Rombough deployed a 40mm less lethal launcher at one of the persons on the bed, hitting them in the chest and knocking them off the bed. 
• On August 24, 2021, Rombough accompanied other Antioch police officers as they executed a search warrant at a residence in Antioch.  Officers located a subject—identified as J.W.—inside a locked bedroom holding a video game controller while sitting on an air mattress, with a video game on a television screen.  J.W. removed a pair of headphones and raised his hands as officers, including Rombough, entered the room.  One officer took J.W.’s left arm to arrest him as four other officers surrounded J.W.  As the other officer held J.W.’s left arm on the bed, Rombough deployed the 40mm less lethal launcher at J.W., injuring him. 

The indictment describes several other incidents of excessive force as well as the collection and sharing of pictures to memorialize acts of violence and the collection by defendant Rombough of spent munitions to commemorate his deployment of the 40mm launcher. 

An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. 

The indictments charge the following defendants with crimes as follows:

In addition, as part of any sentence following conviction, the court may order defendants to serve an additional term of supervised release to begin after a prison term as well as additional fines, and restitution, if appropriate.  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 Special Prosecutions Section and Oakland Branch of the United States Attorney’s Office. The prosecution is the result of an investigation by the FBI and the Office of the District Attorney of Contra Costa County.

Further Information:

Case #s:

23 CR 264 JSW

DEFENDANT(S)

PATRICK JAMES BERHAN,

MORTEZA AMIRI,

AMANDA CARMELLA THEODOSY,

a/k/a AMANDA CARMELLA NASH,

SAMANTHA GENOVEVA PETERSON,

ERNESTO JUAN MEJIA-OROZCO, and

BRAULI RODRIGUEZ JALAPA

INDICTMENT

18 U.S.C. § 1349 – Conspiracy to Commit Wire Fraud (one count)

18 U.S.C. § 1343 – Wire Fraud (six counts)

18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c) – Forfeiture Allegation

23 CR 267 YGR

DEFENDANT(S)

TIMOTHY ALLEN MANLY WILLIAMS

INDICTMENT

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations;

18 U.S.C. § 1512(c)(2) – Obstruction of Official Proceedings;

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law

23 CR 268 HSG

DEFENDANT(S)

DANIEL JAMES HARRIS and

DEVON CHRISTOPHER WENGER

INDICTMENT

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Conspiracy to Distribute and Possess with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 846, 841(a)(1), and (b)(1)(E)(i) – Attempted Possession with Intent to Distribute Anabolic Steroids;

21 U.S.C. §§ 841(a)(1) and (b)(1)(E)(i) – Possession with Intent to Distribute Anabolic Steroids;

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations

21 U.S.C. § 853 – Forfeiture Allegation

23 CR 269 AMO

DEFENDANT(S)

MORTEZA AMIRI,

ERIC ALLEN ROMBOUGH, and

DEVON CHRISTOPHER WENGER

INDICTMENT

18 U.S.C. § 241 – Conspiracy Against Rights (one count)

18 U.S.C. § 242 – Deprivation of Rights Under Color of Law (seven counts)

18 U.S.C. § 1519 – Destruction, Alteration, and Falsification of Records in Federal Investigations (one count)

A copy of this press release will be placed on the U.S. Attorney’s Office’s website at www.usdoj.gov/usao/can.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

“Police officers promise to enforce laws for the protection of the public and to protect the rights of the accused,” said U.S. Attorney Ramsey. “That is the job.  The indictments describe officers who are alleged to have violated this oath. When this happens, the damage done to the public trust cannot easily be calculated.  This office will not rest until all persons who have engaged in this sort of behavior are apprehended and prosecuted.” 

“This case is one of the highest priorities for the San Francisco Field Office,” said FBI Special Agent in Charge Tripp. “Law enforcement officers bear a tremendous responsibility to police our communities lawfully in keeping with the constitution, and we must always be true to that guiding principle. I want to extend my sincere appreciation to the FBI agents, analysts, and law enforcement partners who worked tirelessly on this case and whose efforts culminated in the operations today.”

At least one arrest occurred at 5 a.m. waking neighbors

By Allen D. Payton

Mike Rains and his law office represents the Antioch Police Officers Association and one of the eight current or former officers indicted yesterday by the Federal Grand Jury in San Francisco and arrested, this morning. But he says the arrest and the way it occurred with the FBI raids on his client’s and the other officers’ homes was unnecessary.

In an NBC Bay Area news report earlier Thursday, “Rains said the FBI agents, including some from Southern California, used a flash bang and bullhorns during the “forcible arrest” of his client, adding the officer would have surrendered if asked.”

In addition, a neighbor of one of the officers posted a comment on Facebook writing, “One happened right in front of my house. Ring camera caught the whole thing. Needless to say we all woke up at 5 am today lol.”

When reached about the arrests and in response to which Antioch officer he represents Rains said, “Our office represents (Officer Morteza) Amiri, myself and Julia Fox. Amiri is named in two indictments. He clearly has the most counts.”

Asked why the arrests and raids instead of allowing the officers to turn themselves in Rains responded, “That’s all they needed to do. They’ve been in touch with us repeatedly. Assistant U.S. Attorney Eric Cheng and I have talked on the phone at least 10 times about other Antioch officers they wanted to testify at the Grand Jury. So, we knew they were running a grand jury. All the officers have been cooperating.”

“They know we’re responsible lawyers…we have control over Amiri,” his attorney continued. “While on administrative leave he’s been required to call in to the department every single day. There’s no way they had to do this showboating with flashbangs and the other nonsense they pulled today.”

Asked where his client was arrested Rains said, “Amiri was in California at home.”

Although, Special Agent in Charge of the FBI San Francisco Division Robert Tripp said during today’s press conference, “The FBI treated these arrests like any other operation. We used the same techniques and assessed the risks,” Rains disagreed.

“Of course, they didn’t need to do it. It was completely unnecessary and overblown,” the attorney reiterated. “They needed to do that? Give me a break. It was stupid.”

Amiri was hired by the Antioch Police Department in November 2017 as a lateral transfer from the Brentwood Police Department where he had three years of experience. He now faces multiple charges including one count of Conspiracy Against Rights, seven counts of Deprivation of Rights Under Color of Law, one count of Destruction, Alteration, and Falsification of Records in Federal Investigations, one count of Conspiracy to Commit Wire Fraud, six counts of Wire Fraud and a Forfeiture Allegation.

Amiri is still currently employed by APD and on paid administrative leave.

The officers are now being held in a federal detention center in Oakland, according to Rains, NBC Bay Area news reported.

For possible “crimes of moral turpitude” following federal grand jury indictment; APOA, Mayor Thorpe issue statements, he calls it “a dark day in our city’s history”; task force set up in parking lot of John Muir Health Brentwood Outpatient Center

By Allen D. Payton

According to an exclusive report by the Mercury News, the Antioch and Pittsburg police officers were arrested by the FBI during raids, Thursday morning, August, 17, 2023. The officers have been under investigation by both the FBI and Contra Costa DA’s Office since early 2022. That followed an indictment issued by the Federal Grand Jury in San Francisco on Wednesday. The details of the indictment have yet to be revealed but are expected to during a press conference scheduled for 3:30 p.m. today.

Task Force Set Up at John Muir Health in Brentwood

According to a source who chose to remain anonymous, the FBI task force set up in the parking lot of John Muir Health’s Brentwood Outpatient Center on Balfour Road near Highway 4. There were about 20 cars carrying agents, two riot vehicles, and a Life Flight helicopter on stand-by.

As previously reported, the investigation was for alleged “crimes of moral turpitude” defined as “conduct that shocks the public conscience or, which does not fall within the moral standards held by the community.”

The names of the officers and details of their alleged crimes were inadvertently revealed in a report issued by the DA’s Office, earlier this year, that was not properly redacted.

The officers are being investigated “for violations of the following federal offenses; Title 21, United States Code, Sections 841(A), distribution, and possession with intent to distribute a controlled substance; Section 843(b) illegal use of the mail in furtherance of narcotic trafficking; Title 18, USC, 1503 Obstruction of Justice; Section 846, attempt and conspiracy to commit the foregoing offenses; Section 241, Conspiracy for two or more persons to agree to injure, threaten, or intimidate a person in the United States in the free exercise or enjoyment of any right or privilege; and Section 242, a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. The CCCDAO is investigating these officers for assault under the color of authority, bribery, embezzlement, possession of controlled substances (steroids) for sale, knowing or offering any false or forged instruments, possession, and sales of assault weapons, and attempt and conspiracy to commit the foregoing offenses. The CCCDAO is also reviewing whether any of the above listed individuals have violated Penal Code (PC) section 745, the Racial Justice Act, which prohibits the use of race, ethnicity, or national origin by a law enforcement officer in pursuit of a conviction or sentence.”

The names of the officers under investigation by the FBI and DA revealed in the improperly redacted report were included in the following information:

“On 03/22/2022, the Honorable Presiding Judge Rebecca C. Hardie, Judge of the Superior Court of California, Contra Costa County, signed a search warrant under seal authored by CCCDAO Senior Inspector Larry J. Wallace for the seizure and search of the following cellular telephones: Pittsburg Police Officer Willie Glasper, (redacted phone number); Pittsburg Police Officer Brauli Rodriguez Jalapa, (redacted phone number); Pittsburg Police Officer Ernesto Juan Mejia-Orozco, (redacted phone number); Pittsburg Police Officer James Robert Anderson, (redacted phone number); Antioch Police Officer Ben C. Padilla, (redacted phone number); Antioch Police Officer Eric Rombough, (redacted phone number); Antioch Police Officer Devon Wenger, (redacted phone number); and Antioch Police Officer Andrea Rodriguez, (redacted phone number). The search warrants and affidavits were signed under seal and filed with the Martinez Superior Court.

On 03/22/22, the Honorable Laurel Beeler, United States Magistrate, Northern District of California, signed a federal search warrant under seal authored by FBI Special Agent (SA) Thuy Zoback for the seizure of the following cellular telephones: Pittsburg Police Officer Armando Montalvo; Pittsburg Police Officer Patrick Berhan; (now former) Antioch Police Officer Timothy Manly Williams; Antioch Police Officer Morteza Amiri, Antioch Police Officer Nicholas Shipilov; Antioch Police Officer Eric Rombough; Antioch Police Officer Daniel Harris; and Antioch Police Officer Calvin Prieto. The purpose of the search warrants were to seize electronic communications; such as, but not limited to the following: records and communications indicating the possession, use, purchase, sale, distribution, transfer, theft, and/or concealment of controlled substances, including books, receipts, notes, ledgers, pay and owe sheets, correspondence, records noting price, quantity, date and times when controlled substances were purchased, possessed, transferred, distributed, sold or concealed.

On 03/23/2022, sworn law enforcement members of the CCCDAO and the FBI retrieved the above listed cellular telephones from the above listed sworn law enforcement members of the Pittsburg and Antioch Police Departments. Law enforcement members from the CCCDAO and the FBI downloaded/extracted electronic cellular data communications from the above listed cellular telephones. A thorough review of the electronic cellular data communications took place for the past year.”

However, which officers were arrested Thursday morning has not yet been confirmed. The Antioch officers have been on paid administrative leave since the beginning of the investigation.

Antioch Police Officers Association Issues Statement

The Antioch Police Officers APOA issued a brief statement posted on their Facebook page Thursday morning. It reads, “The APOA has learned that several of our current and former members have been indicted by the FBI at the culmination of their investigation into members of the Antioch and Pittsburg Police Departments. We are saddened to learn of what has happened and look forward to the legal process playing itself out. We are committed to still providing quality service to the citizens of Antioch and also providing support for our members who are still working through this difficult time.

APOA Media Team”

Mayor Thorpe Says It’s “A Dark Day”

In a post on his campaign website, Antioch Mayor Lamar Thorpe issued the following statement about the matter:

“Today is a dark day in our city’s history, as people trusted to uphold the law, allegedly breached that trust and were arrested by the FBI.

As our city absorbs this tragic news, we must come together as one. Today’s actions are the beginning of the end of a long and arduous process.

To those that have accused me and others of being anti-police for seeking to reform the Antioch Police Department, today’s arrests are demonstrative of the issues that have plagued the Antioch Police Department for decades.

Seeking to reform the Antioch Police Department is not anti-police, it is pro our residents, and pro officers that have served and continue to serve with honor.’

-Office of the Mayor”

Efforts to reach APOA’s attorney, Mike Rains, for comment were unsuccessful prior to publication time. Please check back later for any updates to this report.

Multi-agency Operation Cross Country conducts three efforts, investigating four other cases

Under leadership of organization with office in Antioch

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

Law enforcement partners with the Contra Costa Human Trafficking Task Force arrested two suspected human traffickers and recovered one juvenile victim in a nationwide effort to apprehend human traffickers and provide services to victims.

As part of Operation Cross Country, task force partners and local FBI personnel jointly conducted three separate anti-human trafficking operations throughout Contra Costa County from July 19th through 30th, 2023. These joint efforts led to the arrest of a 33-year-old male resident of Sacramento and a 24-year-old male resident of Oakland, and the identification of nine survivors of human trafficking – including one juvenile. Additionally, the FBI and task force partners are still investigating four other cases in Contra Costa County. All victims identified through these operations met with specialized human trafficking victim advocates immediately upon contact and were offered a range of services and support.

“These outcomes demonstrate the positive results that can be achieved from collaboration between law enforcement and community partners to address the harm caused by human trafficking and deliver justice to victims,” noted District Attorney Diana Becton.

The suspects were arrested or cited on one or more of the following human trafficking or human trafficking-related offenses: sex trafficking of a minor, supervising, aiding, or recruiting a prostitute, and violating a protective order [PC236.1(c), PC653.23, and PC166(a4]. The ongoing investigations in these cases center on these charges as well as pimping, pandering, and adult trafficking [PC266h, PC266i, and PC236.1(b)].

Task Force Co-chair and Executive Director of Community Violence Solutions, Cynthia Peterson, highlighted that “the partnership among Contra Costa’s task force members in combatting human trafficking ensures a coordinated, trauma-informed response focused on our shared goals of empowering and providing comprehensive services and support to victims.”

Participating agencies included, in alphabetical order:

• Community Violence Solutions

• Concord Police Department

• Contra Costa County District Attorney’s Office (CCCDA)

• Contra Costa County Probation Department

• Contra Costa County Sheriff’s Department

• Federal Bureau of Investigations

• Hercules Police Department

• Homeland Security Investigations

• International Rescue Committee

• Northern California Regional Intelligence Center

• Pittsburg Police Department

• Pleasant Hill Police Department

• Richmond Police Department

The Contra Costa Human Trafficking Task Force is co-led by the Contra Costa County District Attorney’s Office and Community Violence Solutions, a community-based 24-hour service provider for survivors of sexual assault and human trafficking.

Founded in 2018, the Task Force envisions a community free of human trafficking where survivors thrive. It aims to achieve this by encouraging self-sufficiency and empowerment through the provision of survivor-centered, culturally responsive advocacy and services; striving for exploiter accountability through prosecution, education, civil remedies, and restorative practices; educating task force members and the community; and harnessing data to guide these efforts.

Anyone with information on suspected human trafficking (sex or labor) or related crimes is encouraged to make a report to your local law enforcement agency or the District Attorney’s Human Trafficking Tip Line (925) 957-8658.

By Better Business Bureau

The US Food and Drug Administration is warning people of fraudulent coronavirus tests, vaccines, and treatments as the pandemic continues. According to the Centers for Disease Control, since the arrival of the Omicron variant, the increase of testing for COVID-19 has become a concern. Scarcity often leads to potential scams for a product that doesn’t exist, the compromise of personal identifiable information, or the increase of deceptive advertising.

The Federal Bureau of Investigation (FBI) issued a warning last year about potential fraud related to the antibody tests. Scammers are selling unapproved COVID-19 antibody tests, which can give inaccurate results. In doing so, they are also collecting personal information, such as Social Security numbers and dates of birth. They may also be stealing health insurance or Medicare information that can be used in future schemes.

How the scam works

Robocalls are sent out to consumers directing them to a website that looks like a clinic or medical supply company offering COVID-19 tests. These tests allegedly identify if a person has been infected with coronavirus – even if they’ve  recovered. Some even promise results in 10 minutes. However, to receive a test, a credit card or a form needs to be completed with personal information.

In some cases, the test involves an easy at-home testing kit. Other times, the tests are allegedly offered through a clinic. But in all versions, the person or website selling the test is short on details. They aren’t willing or able to provide any information about how the test works, where it is sourced, and what laboratory processes it.

Don’t fall for it! These tests are not US Food and Drug Administration approved and will not give accurate results. In fact, requestors may never even receive an actual test kit. Either way, scammers will have made off with the money and personal information.

In a new twist, Newsweek reports that scammers appeared at a testing site in Florida and conducted fake tests to people standing in line, as a ruse to get their personal information.

How to avoid fake coronavirus tests and related scams

• Want a test? Talk to your doctor. Reach out to your healthcare provider. They can help figure out if the test will be covered by insurance and where to find a legitimate clinic.  If you don’t have a primary care physician, check out the official website of your local health department for more information on testing availability.
• Research before buying. Scammers put pressure on people to buy or commit without giving them time to do further research. Before agreeing to anything, investigate first. Research any claims the company makes. Start with searching BBB.org to see they are BBB Accredited, have good reviews, and if there are complaints or scam reports associated with their business name. In addition, review the warnings on FBI, Federal Trade Commission, Attorney General’s office, and BBB ScamTracker.
• Understand all options: The Center for Disease Control and Prevention has a detailed guide to testing for COVID-19. Understand the different tests available.
• Never share your personal information with strangers. Only make purchases and share your personal information with people and companies you know and trust. Be wary of anyone approaching you in line; ask for credentials if necessary. If you suspect  your personal information has been compromised, report it to identitytheft.gov
• Check claims of FDA approval. Per the FBI, “Not all COVID-19 antibody tests have been approved by the U.S. Food and Drug Administration (FDA), and their efficacy has not been determined.” Check the FDA website for a list of approved tests and testing companies.

For More Information

BBB has additional tips for avoiding scams on BBB.org/spotascam and the BBB news feed.

If you’ve been the victim of a scam, please report it on the BBB.org/ScamTracker. Your report can help others to stay alert and avoid similar scams.