Office of the
District Attorney
Alameda County
Nancy E. O'Malley, District Attorney

SAN FRANCISCO -- San Francisco District Attorney George Gascón and Alameda County District Attorney Nancy O'Malley announced today that a $1.96 million settlement was reached in a civil action against the owner and operator of the Dubai Star for causing an oil spill in the San Francisco Bay on October 30, 2009. This civil settlement is the result of a unique partnership between local law enforcement and the California Department of Fish and Game.

“The San Francisco Bay is an environmental treasure that needs to be protected,” said District Attorney George Gascón. “The Dubai Star settlement will ensure our local environment is restored and help deter such events from occurring in the future.”

District Attorney O’Malley praised the settlement as “a victory for environmental restoration and the citizens of the Bay Area who cherish access to clean and safe public beaches.” Ms. O’Malley was thankful for the hard work and cooperation of the San Francisco District Attorney’s Office and the Department of Fish and Game.

OAKLAND --Alameda County DA O’Malley announces that April 23 through April 29, 2012, is National Victim’s Rights Week. To best serve the citizens of our county, representatives from the Alameda County District Attorney’s Office Victim-Witness Division, the Alameda County Family Justice Center and public libraries are hosting events at many locations throughout the county.

Various community agencies, law enforcement and counseling centers will be available at each of the events to provide information regarding resources available to victims of crime. Children are encouraged to attend and participate in an art project about safety.

DA O’Malley states that the events will “honor victims of crime and educate the community about victims’ rights. Our goal is to reach out to as many people as possible to ensure that everyone knows that help to crime victims is available.”

OAKLAND -- Alameda County District Attorney's Office is participating in the nationwide event, the 'Prescription Drug Take Back Day'.

WHEN: Saturday, April 28, 2012, from 10am - 2pm

WHERE: Alameda County Family Justice Center, 470 27th Street, Oakland, CA 94612

WHO: Alameda County District Attorney’s Office in conjunction with US Drug Enforcement Administration (DEA)

The public will have an opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription and over-the-counter drugs. The public is encouraged to bring medications for disposal to the Alameda County Family Justice Center. The service is free and anonymous, no questions asked.

OAKLAND -- District Attorney Nancy E. O’Malley announced today that her office, together with 43 other California District Attorneys and the City Attorneys in San Diego and Los Angeles, has filed and settled a civil law enforcement action against CVS Pharmacy, Inc., headquartered in Woonsocket, Rhode Island.

The settlement took place in Ventura County Superior Court and resolves allegations that CVS violated California laws for the safe storage, handling and disposal of sharps waste (needles that are contaminated with biohazardous waste), pharmaceutical and pharmacy waste, photo waste containing silver, and hazardous waste generated from spills and customer returns of hazardous products.

OAKLAND -- Today, Alameda County District Attorney Nancy E. O’Malley announced that her Office has filed charges against One L. Goh, following the brutal multiple murders committed at Oikos University in Oakland, California on Monday, April 2, 2012. Defendant Goh faces seven counts of murder with special circumstances and three counts of attempted murder.

DA O’Malley states, “The enormity and devastation of these crimes is unprecedented in Alameda County. My Office will work tirelessly to ensure that this defendant is brought to justice. Through our Victim-Witness Assistance Division, we will also provide every possible service to the surviving victims and the families of those victims who were senselessly murdered to help them navigate this unimaginable tragedy and the legal process as it unfolds.

OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that Benjamin Altadonna, D.C., a Danville, California chiropractor and marketing consultant, was ordered to pay $1,125,000.00 to settle a multi-jurisdictional prosecution arising out of his role in a nationwide, health care marketing fraud.

The Alameda County District Attorney, along with the District Attorneys of Contra Costa, Marin, Monterey, Napa, Orange, Santa Clara, Santa Cruz, Shasta, Solano, and Sonoma counties had filed a civil lawsuit in 2010 to enjoin Altadonna from engaging in false and misleading advertising, and unfair business practices relating to the marketing of a healthcare device known as the DRX-9000. The DRX-9000 was a spinal traction device.

The complaint alleged that Altadonna, and his company, Altadonna Communications, Inc., falsely promoted the DRX-9000 as “patented,” “breakthrough medical technology,” “approved by the FDA,” and “developed by NASA.” All of these claims were false. The DRX-9000 was merely a motorized traction device for the treatment of low back pain.

OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced that on Friday, February 17, 2012, the Alameda County District Attorney's Office filed criminal charges against Nanette Sheree Dillard and Paul Daniels in connection with the Associated Community Action Program (ACAP). Defendant Nanette Dillard was the Executive Director of ACAP from 2004 through her termination in February, 2011. Defendant Daniels was the Grants Manager of ACAP until he was terminated in February, 2011. Defendants Dillard and Daniels are married.

Defendants Dillard and Daniels face felony counts as follows:

• Penal Code Section 487(a), Grand Theft

• Penal Code Section 182(a)(1), Conspiracy to Commit a Crime

• Penal Code Section 424, Crime by a Public Officer

OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announces that on February 15, 2012, Dr. Naim Katiby, 62, of San Ramon, pled guilty to a felony criminal count of filing a false insurance claim. The criminal prosecution was the result of a coordinated investigation by the Alameda County District Attorney’s Office, led by Inspector J.P. Williams, the Drug Enforcement Agency (DEA) and the California Department of Insurance.

From November 2008 through January 2009 undercover DEA agents, posing as victims of an auto accident, sought treatment from Dr. Katiby's AAFTAB Medical Center at 15921 East 14th St., San Leandro. Over the course of several undercover visits Dr. Katiby agreed to and did bill the agent’s fictitious auto policy for injuries that the doctor knew were not sustained in an auto accident.

Dr. Katiby over billed for the treatment provided and, at one point, actually created a false medical record and billing for a visit that never occurred. The doctor also negligently prescribed Vicodin to both undercover agents, who clearly exhibited behavior consistent with that of addicted users of the drug. On one occasion, he prescribed the narcotic without ever talking to or examining one of the undercover "patients."

The District Attorney’s Justice Academy offers a paid six month learning and working experience for high school students ages 16 to 18. The Spring 2012 Academy is available to high school students in the Dublin, Pleasanton and Livermore School Districts.

Presented in conjunction with the Tri-Valley Community Foundation, the Academy meets every other Wednesday afternoon from 4:00 to 6:00, beginning in March, 2012. At each session, outstanding speakers present on a wide variety of topics covering the fields of criminal justice, social justice and law & the courts. When school ends, each student will be placed in a justice-related paid summer job in a local office or organization!

OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that 12 individuals have been charged with criminal offenses stemming from the arrests of 'Occupy Oakland' protesters on Saturday night, January 28, 2012. Eight people were charged with misdemeanor offenses, and four people were charged with felony offenses.

The defendants charged with felonies appeared in department 112 where they were arraigned. The judge issued an order to stay away from Frank Ogawa Plaza and the Oakland Convention Center. The defendants will appear again in court on February 2, 2012 for entry of plea and a bail motion.

Seven of the eight defendants charged with misdemeanor counts appeared in Department 107 where they were arraigned. The People requested and the judge issued the order that the defendants stay 300 yards away from Frank Ogawa Plaza. The eighth defendant did not appear. An attorney appeared on her behalf and that arraignment will take place on February 7, 2012.

Additional arrests were made on Saturday, January 28 and Sunday, January 30, 2012. Investigations are ongoing as to each of these arrests. The District Attorney’s Office will carefully review each police report and all of the supporting evidence as to each of these incidents and will make decisions regarding filing of criminal charges.

OAKLAND -- Attorneys from the Alameda County District Attorney’s Office today moved to dismiss the case People v Geneva Dixon on the grounds of Interests of Justice. Ms. Dixon was charged with Penal Code Section 187, involving the death of the father of her child, Mr. Norris Lewis. After an extensive post-charging investigation by the District Attorney’s Office, the determination has been made that the killing was done in self-defense during an assault by the decedent against the named defendant in this case. Much of the evidence ultimately reviewed, including 16 hours of video interviews, cell phone records and coroner’s report, was not available at the time of charging.

DA O’Malley said, “This decision was not made lightly. Our role as prosecutors is not simply to seek convictions, but to seek justice based on the law and the facts of the case. The criminal justice process is a search for the truth. After carefully reviewing all of the evidence, the decision to dismiss the case in the interests of justice is the correct one.”

Alameda County District Attorney Nancy E. O'Malley Announces $350,000 Settlement with Retail Chain that Sold Children's Products Containing Illegal Amounts of Lead and/or Phthalate Compounds

OAKLAND -- District Attorney Nancy E. O’Malley announced today that DAISO CALIFORNIA, LLC, (Daiso), has agreed to pay a total of $350,000 in civil penalties and costs in the settlement of a lawsuit brought by the District Attorney’s Offices of Alameda and Santa Clara counties.

The lawsuit alleged that the company sold products marketed to children containing lead and/or phthalate compounds exceeding the legal limits without providing clear and reasonable warnings in violation of Proposition 65 and Health and Safety Code sections 108935-108939.

The settlement, signed by Alameda County Presiding Judge C. Don Clay, pertains to Daiso’s retail stores in California (located in Daly City, Newark and San Jose), and requires Daiso to pay $350,000 in civil penalties and costs. The civil penalties from the judgment will be used to provide money to support local enforcement of California consumer protection laws and the state Safe Water and Toxic Enforcement Fund.

As part of Human Trafficking Awareness Month, the Alameda County District Attorney's Office is proud to co-sponsor an informational session called 'Keeping Our Children Safe'. The aim of the program is to educate parents on how to assist their children in navigating the internet safely.

While the internet is used for positive social, educational and commercial applications, it is also increasingly used to facilitate human trafficking. The Alameda County DA's Office encourages parents to attend one of the forthcoming sessions to gain the knowledge needed to protect their family in this era of increasing online participation.

The free session will be repeated in Livermore, Fremont and Oakland, and will feature speakers from the FBI.

Click to view the 'Keeping Our Children Safe' Flyer [PDF]

OAKLAND -- Alameda County District Attorney Nancy E. O’Malley announced today that dietary supplement distributors Iovate Health Sciences, Inc., a Canadian corporation, and its American affiliate, Iovate Health Sciences USA, Inc., have agreed to pay a total of $1.5 million in civil penalties and costs in the settlement of a lawsuit brought by the District Attorney’s Offices in Alameda, Napa, Marin, Monterey, Orange, Santa Clara, Santa Cruz, Shasta, Solano and Sonoma counties.

The lawsuit alleged that the company engaged in false and misleading advertising in connection with the marketing and sale of certain of its dietary supplement products, and violated Proposition 65, which requires a warning label on products that expose the consumer to over one-half microgram of lead per day.

The settlement, signed in Napa County Superior Court, pertains to Iovate products marketed and sold throughout the state of California, and requires the Iovate companies to pay $1,200,000 in civil penalties that will provide support for the future enforcement of California consumer protection laws. The agreement also provides for $300,000 in investigative costs. It is the second largest multi District Attorney dietary supplement settlement of its kind in California history.