Oakland, CA -- Alameda County District Attorney Nancy O’Malley announced today that her office, with 22 other District Attorney’s Offices in California, settled a consumer protection action against Wal-Mart Stores, Inc. (as well as Wal-Mart.com USA, LLC, and Wal-Mart subsidiary, Jet.com, Inc.). The action was filed in Napa County.
The Complaint alleges that Walmart sold plastic products in stores and online that were misleadingly labeled “biodegradable” or “compostable” in violation of California law.
Plastic waste can take up to a thousand years to decompose, depending on the environment in which it’s disposed. A growing number of marketers have sought to promote the sale of plastic products using misleading claims of biodegradability. Many Californians choose products based on these claims, despite the fact that landfills are oxygen-poor and thus tend to mummify products, rather than allow them to biodegrade.
California Law imposes an outright ban on the sale of plastics labeled “biodegradable” (or labeled with similar language), since such claims are inherently misleading without thorough disclaimers regarding how quickly the product will biodegrade in a landfill or in other environments where it may be disposed. The sale of plastic products labeled “compostable” is also prohibited -- unless the product meets certain scientific standards that ensure the plastic will break down in municipal compost.
“Unfortunately, Californians concerned with reducing plastic waste in landfills are commonly misled to purchase plastic bags and other plastic products based on marketers’ unsubstantiated claims of biodegradability,” said District Attorney O’Malley, “but almost nothing breaks down in a landfill. That’s why the sale of plastic products labeled ‘biodegradable’ is illegal in California and why today’s settlement is a win for both consumers and the environment.”
DA Unveils Anti-Trafficking Billboards Jan 19, 2017
Billboard Campaign Unveiled to Combat Human Exploitation & Trafficking of Children
Oakland, CA - Alameda County District Attorney Nancy E. O’Malley introduced 2017’s public awareness campaign that directly confronts the buyers of child sex trafficking victims and the need for men to fight child exploitation.
This campaign, timed to coincide with National Human Trafficking Awareness Month, marks the third year in which a billboard campaign raises awareness of the commercial sexual exploitation of children in Alameda County, the region and the state. The work is the result of a collaborative effort between the District Attorney’s Office and Clear Channel Outdoor, and the billboards appear on roadways and in neighborhoods throughout the County of Alameda.
“I remain dedicated to fighting the epidemic of commercial sexual exploitation. One clear fact is that the singular driving force behind sex trafficking is demand. We hope that the messages on the billboards will highlight this stark reality and engage more people to join our effort to put a stop to this crime,” says DA O’Malley.
DA’s Statement: Oakland 31st Avenue Fire Dec 5, 2016
The Alameda County District Attorney's Office wishes to offer our deepest condolences to the families and friends whose loved ones perished in the fire last Friday evening on 31st Avenue in Oakland. Our hearts are broken for our community, for those who lost family and friends, and for those who experienced this horror.
The DA's Office will support survivors and the families who have suffered such great loss. For assistance, please contact our Victim-Witness Assistance Division at (510) 272-6180.
The District Attorney has activated our criminal investigation team and the county's Fire Investigation Task Force, which is led by this office. We are working together with the local law enforcement effort conducting the criminal investigation into this tragedy.
A Deputy District Attorney, the office's property and land use expert, is leading a team of District Attorney Inspectors who have been working on this investigation since early Saturday morning.
The Victim-Witness Assistance Division has also mobilized to provide help to victims and their loved ones.
For those who have information about the fire or knew the victims, please call our hotline on 1-877-288-2882.
Additional information will be provided as it becomes available.
DA O'Malley answers questions from the media at the afternoon briefing.
Stores throughout the State Improperly Disposed of Used Oil and Other Hazardous Wastes
Oakland, CA -- Alameda County District Attorney Nancy E. O’Malley, along with 50 other California District Attorneys, announced today that Alameda County Superior Court Judge Brad Seligman has ordered the Missouri-based O’Reilly Auto Parts to pay $9.86 million as part of a settlement of a civil environmental prosecution alleging the company mishandled hazardous waste.
The consent judgment agreed to by O’Reilly Auto Enterprises, LLC; O'Reilly Automotive, Inc.; O'Reilly Automotive Stores, Inc.; and Ozark Automotive Distributors, Inc., resolves allegations made in a civil enforcement lawsuit filed November 17, 2016 in Alameda County, and led by the District Attorneys of Alameda, Yolo, Ventura, San Joaquin, San Francisco, Monterey, Riverside, San Diego and Solano Counties.
The lawsuit claimed that more than 525 O’Reilly stores throughout the state unlawfully handled, transported and disposed of used oil, used oil filters, and various hazardous wastes and materials over a 5-year period. Those hazardous wastes and materials included automotive fluids, alkaline batteries, electronic waste, aerosol cans and other toxic, ignitable and corrosive wastes.
"The Alameda County District Attorney's Office is dedicated to ensuring that California's environmental protection laws are followed by all companies doing business in our county and our state," says DA O'Malley.
"We will be vigilant and steadfast in our investigation and prosecution of those who improperly manage and dispose of hazardous wastes. The health and well-being of our communities and our environment demand nothing less."
OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley would like to make all people living in Alameda County aware of new resources created in response to the recent increase in hate related criminal activity and hate rhetoric reported in communities around the county.
There is no place in Alameda County for hate motivated conduct or hate driven words based on race, gender, religion, nationality, sexual orientation, or gender identity. Everyone, irrespective of status, has the right to be safe and protected. The Alameda County DA’s Office asks that any person who is victimized report the conduct. Witnesses to such actions are also asked to make a report.
“The DA’s Office will treat every individual in this county with the care, respect and dignity that each of us deserves and expects,” says DA O’Malley.
“The current aggressive nature of hate speech and conduct has heightened the moral imperative to stand up for what is right. My office will be a leader in the fight against hate-based crimes and hateful rhetoric that targets any person or group of people.”
Environmental Protection Settlement with BP Nov 17, 2016
District Attorney Nancy E. O’Malley and Attorney General Kamala D. Harris Announce $14 Million Settlement with BP for Underground Storage Tank Violations
Oakland, CA – Alameda County District Attorney Nancy E. O’Malley and Attorney General Kamala D. Harris today announced a $14 million settlement with BP West Coast Products LLC, BP Products North America, Inc., and Atlantic Richfield Company over allegations that the companies violated state laws regarding operating and maintaining motor vehicle fuel underground storage tank laws.
The Attorney General’s office, the Alameda County District Attorney’ Office and several district attorneys across the state allege that BP failed to properly inspect and maintain underground tanks used to store gasoline for retail sale at approximately 780 gas stations in California over a period of 10 years and violated other hazardous material and hazardous waste laws.
“I am very proud to work alongside Attorney General Harris and my fellow district attorneys to ensure that every company operating in California complies with our state laws that regulate the underground storage of gasoline,” says DA O’Malley.
“It is vital that we work together to prevent the pollution of our soil and water supplies, and my office is committed to investigating and prosecuting violations of the laws that put our environment and communities in harm’s way.”
Oakland, CA – Alameda County District Attorney Nancy O’Malley announced today that her office, in conjunction with the nine other District Attorney’s Offices that together comprise the California Food Drug and Medical Device Task Force, resolved a consumer protection action against My Pillow, a manufacturer and seller of pillow and bedding products.
The complaint was filed in Alameda County Superior Court and alleges that My Pillow made representations about the health effects of its products that were not supported by scientific evidence, including claims that its pillow products could reduce the effects of medical conditions such as fibromyalgia, insomnia, migraines, etc. The complaint also states that My Pillow advertised itself as the “Official Bed Pillow” of the National Sleep Foundation (“NSF”), allegedly without disclosing that a material financial connection existed between My Pillow and NSF.
Felony Charges Filed Against Police Officer Oct 20, 2016
OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced her office has filed charges against Oakland Police Officer Ryan Walterhouse alleging two felony counts of conspiracy to obstruct justice and one misdemeanor count of engaging in an act of prostitution. He is scheduled to be arraigned on Friday, October 21, 2016 at 2pm in Department 502 of the Hayward Hall of Justice.
Oakland, CA -- On June 15, 2016, Alameda County District Attorney Nancy E. O’Malley announced that the District Attorney’s Office had launched an investigation into allegations of sexual misconduct involving multiple law enforcement officers from agencies around the Bay Area and an 18-year-old young woman known to the public by the name of Celeste Guap. Over the last three months, a team of Victim-Witness Advocates and DA Inspectors, assisted by attorneys, have worked full time on this investigation.
Cases brought into court by the District Attorney must be supported by evidence and it has been the task of the District Attorney’s team to identify and examine the evidence, and to substantiate the allegations. Cases cannot be brought into the criminal court absent evidence that establishes the element of the crime(s) beyond a reasonable doubt. Until now, the office has declined to comment on the investigation because the full scope of the facts was not known. It is our duty to conduct an impartial and thorough investigation and review of all facts before we make a charging decision or speak publically.
There has been an understandable public outcry over the allegations in this matter. The work of the media in covering the alleged criminal activity and misconduct has also served to raise awareness of issues important to all of us. The coverage, by and large, has relied on information uncovered by reporters and on limited social media messages provided by the young woman at the center of the story.
Alameda County District Attorney Nancy E. O’Malley today announced that Equilon Enterprises LLC, dba Shell Oil Products US (“Shell”), entered into a stipulated judgment to resolve consumer protection and misleading advertising violations related to Shell gift cards and fuel rewards cards. Counties of Monterey, Napa, Santa Clara, Santa Cruz, Solano and Sonoma joined Alameda County in bringing this consumer protection action. Under the terms of the stipulated judgment, Shell agreed to pay $762,500 in civil penalties, costs, and restitution, and to injunctive terms to ensure future compliance.
The top priority of the Alameda County District Attorney’s Office is to ensure that criminal prosecutions are conducted ethically and professionally. The attorneys in this office stand by the integrity of each case brought into a court of law. We take very seriously our obligation to see that justice is served and that the rights of both victims and criminal defendants are upheld.
This office also seeks to keep the public informed about matters of concern. To that end, we would like to provide a thorough update on a matter revealed to this office on June 12, 2016. At that time, the Oakland Police Department brought to our attention allegations that OPD Sergeant Mike Gantt involved a third party in the transcription of certain audio recordings that were part of criminal investigations. This office immediately opened an inquiry into this matter.
We took the following steps and have made the following findings:
DA Announces Settlement with Active Networks, LLC Jun 16, 2016
Oakland, CA - Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with the District Attorneys of San Diego and Sonoma Counties, settled a consumer protection action against Active Network, LLC (“Active”), a company that provides on-line event registration services for people and groups wishing to host activities such as athletic events, camping trips, corporate events and the like.
The civil complaint was filed in Alameda County. As alleged in the complaint, Active offers a paid membership program known as “Active Advantage,” which affords members discounts on future event registrations and other goods and services. Between January 1, 2010, and December 31, 2013, much of the period of time covered by this action, membership in Active Advantage cost $59.95 and, later, $64.95 per year. Membership in Activity Advantage is automatically renewed each year, unless a member decides to cancel.
The District Attorney's Office is conducting a thorough investigation into allegations of sexual misconduct involving police officers at multiple East Bay law enforcement agencies. While the investigation remains active, we will not comment on details or findings. However, we would like to make known certain facts.
On Wednesday, June 15, an Inspector in the District Attorney's Office was put on administrative leave.
“While it is our practice not to discuss pending investigations, I can firmly state that we do not and will not turn a blind eye to human trafficking or the sexual exploitation of a minor, whether the offender is a civilian or a law enforcement officer,” says DA O’Malley.
“The alleged conduct of the officers in this matter is not in line with what our office and the wider community feel is acceptable for those who are sworn to protect and serve.
"The Alameda County DA’s Office is a national leader in the fight against human trafficking, aggressively prosecuting traffickers and purchasers through our dedicated H.E.A.T. (Human Exploitation and Trafficking) Unit. Regardless of the setting in which we uncover human trafficking in our community, we vigorously enforce the law.
“For years, we have been fighting to shatter the perception of children as 'prostitutes' and criminals undeserving of protection. These young people are victims of abuse. We have worked hard to educate the community about this issue that previously existed in the shadows,” said DA O’Malley.
"This office is committed to ensuring transparency and we will make our findings publicly available as soon as our investigation is complete."
2016 Gun Violence Awareness Day Jun 2, 2016
OAKLAND, CA - Today is Gun Violence Awareness Day. Alameda County District Attorney Nancy E. O’Malley joins in the national movement to end gun violence in our county, state and nation.
'“It is tragic that we must dedicate a day to bring awareness to gun violence. Yesterday’s horrific shootings in Fremont, California and on the campus of UCLA make clear that we have much work to do,” says DA O’Malley.
In Alameda County, the District Attorney’s Office works with each of our local law enforcement agencies to keep put an end to gun violence. All too often, innocent lives are lost, families are torn apart and neighborhoods are terrorized by gunfire. Individuals in crisis or those struggling with mental illness or substance abuse may at times resort to gun violence. The outcomes have been devastating.
OAKLAND, CA – The Alameda County District Attorney’s Office is pleased to announce that Alameda County District Attorney Nancy E. O’Malley has been selected by the American Bar Association as a 2016 recipient of the Margaret Brent Women Lawyers of Achievement Award. DA O’Malley, who has served as the District Attorney of Alameda County since 2009 and the first woman to hold that position, is now the first District Attorney in the nation to receive this prestigious award from the ABA.
The Margaret Brent Women Lawyers of Achievement Award, established by the ABA Commission on Women in the Profession in 1991, recognizes and celebrates the accomplishments of women lawyers who have excelled in their field and have paved the way to success for other women lawyers. Honorees receiving the Margaret Brent Award have achieved professional excellence in their field and influenced other woman to pursue legal careers, opened doors for women lawyers in a variety of job settings that historically were closed to them, and/or advanced opportunities for women within a practice area or segment of the profession.
Oakland, CA – Alameda County District Attorney Nancy E. O’Malley announced today that her Office’s Consumer Protection Division, along with Los Angeles, Riverside, Ventura and San Diego District Attorneys’ Offices and the California State Attorney General’s Office, has settled a $8,500,000 lawsuit against Wells Fargo Bank alleging a violation of California’s privacy laws.
Under the terms of the court approved judgment, Wells Fargo will pay civil penalties totaling $7,616,000 and will reimburse the prosecutors' investigative costs of $384,000.
In addition to the above penalties and investigative costs, Wells Fargo will contribute $500,000 to two statewide organizations dedicated to advancing consumer protection and privacy rights.
“The collaboration of the District Attorney’s Offices and the Attorney General resulted in today’s settlement,” says Alameda County District Attorney Nancy E. O’Malley.
“As information technology reaches ever further into the lives of our citizens, strict compliance with California’s privacy laws becomes ever more imperative to protect the rights of those individuals.”
Oakland, CA – After a nine-month investigation, Alameda County District Attorney Nancy E. O’Malley today announced that her office will not file criminal charges in connection with the collapse of a balcony on June 16, 2015, in Berkeley, California, in which six students lost their lives and seven others sustained serious injuries.
“Not a day has passed since the tragedy of June 16 that I have not thought of the victims and their families,” says DA O’Malley. “I am keenly aware of the devastation and injuries each victim and each family suffered and continues to confront. Friends, families and entire communities both in California and in Ireland have been affected by the horror of that day.”
DA’s Office Warns Residents about Telephone Scams Mar 21, 2016
It has come to the attention of the District Attorney’s Office that Alameda County residents are currently receiving telephone calls from individuals claiming to represent the IRS as well as other official government agencies and the superior court.
These fraudulent callers request payments for certain services or to repay a past balance due. The callers request payment by way of a gift card, credit card or money order.
Please be aware that these calls are scams!
Felony Conviction Obtained in Immigration Fraud Case Jan 29, 2016
OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley today announced the felony grand theft conviction of Defendant Vosgan Mekhitarian in an immigration fraud case.
On January 28, 2016, Defendant Vosgan Mekhitarian pled no contest to felony grand theft after paying the full amount of restitution (over $50,000) to his victims.
“My Office is dedicated to protecting our citizens from scams and fraud such as that committed by Mr. Mekhitarian,” explains DA O’Malley. “He preyed upon vulnerable individuals hoping to become U.S. citizens. We are grateful to the couragous individual who reported this scam to the authorities, and extremely pleased that we were able to secure full restitution to all those he victimized.”
Nabisco Ginger Snap Cookies Contained Lead Amounts in Excess of Warning Limits
Oakland, CA – Today, Alameda County District Attorney Nancy E. O’Malley announced that the Alameda County District Attorney’s Office, in conjunction with nine other California District Attorney’s Offices, the California Attorney General’s Office, and the non-profit Center for Environmental Health (CEH), has settled a consumer protection action brought under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”) against Mondelēz International, Inc., formerly Kraft Foods, the maker of Nabisco-brand products. The complaint alleges that Mondelēz marketed and sold Nabisco Ginger Snap cookies that contained lead in amounts that exceeded the warning limits for lead exposure in California.
“Proposition 65 warnings provide vital information to every consumer, especially parents purchasing food for their families,” states DA O’Malley.
“My Office is dedicated to ensuring that every manufacturer complies with this important California law and that the citizens of this county and the State of California are informed about potentially unsafe substances in the food they consume.”
OAKLAND, CA – The month of January is designated as National Human Trafficking Awareness Month. The Alameda County District Attorney’s Office is at the forefront on a local, state-wide and national level in its comprehensive response to the epidemic of human trafficking.
“My Office combats human trafficking on multiple levels,” explains District Attorney Nancy E. O’Malley.
“We are the leaders in the state in the prosecution of traffickers. Our focus remains equally strong in meeting the needs of victims, educating the community and police agencies, and drafting vital legislation.”
During the month of January, the District Attorney’s Office is leading and participating in multiple events, meetings and trainings focused on ending this criminal enterprise:
DA Announces $25.95 Million Settlement with Comcast Cable Communications LLC for Violations Dec 15, 2015
Alameda County District Attorney Nancy E. O’Malley and Attorney General Kamala D. Harris today announced a settlement with Comcast Cable Communications LLC (“Comcast”) to resolve allegations that Comcast unlawfully disposed of hazardous waste and material, and discarded records without rendering private customer information unreadable. As part of the settlement, Comcast will pay a total of $25.95 million in penalties, costs, compliance measures and environmental projects. The settlement and proposed judgment, filed in Alameda County Superior Court, requires approval from the court before becoming final.
“Today’s settlement represents a victory in California’s ongoing efforts to ensure that hazardous waste is disposed of in a safe, legal and environmentally sustainable manner,” states Alameda County DA Nancy E. O’Malley.
“Not only will my office pursue all necessary legal action against entities that pollute our environment, but we will also use all legal means to ensure California’s consumers’ private information is protected. My office will continue to work together with state and local agencies to investigate and prosecute violations against our environment.”
Alameda County District Attorney’s Office and Catholic Charities of the East Bay to Partner in Creating Safe Homes for Child Victims of Commercial Sexual Exploitation
OAKLAND, CA – Today, Alameda County District Attorney Nancy E. O’Malley joined Bishop Michael C. Barber, SJ, and Chuck Fernandez, Chief Executive Officer of Catholic Charities of the East Bay, to announce a new initiative to create homes for child victims of sexual exploitation and trafficking. Alameda County is one of the nation’s high intensity locations of child sex trafficking. In an effort to battle this criminal enterprise, the ground-breaking partnership will provide safe and secure housing for the young victims to recover, heal and thrive.
District Attorney Nancy O’Malley said, “Children who are the victims of sexual exploitation and trafficking are in vital need of safe and secure housing. The lack of such housing in our community and across the state is of grave concern. Catholic Charities of the East Bay and Bishop Barber are stepping up to meet the basic needs of young women who have been trafficked.
Oakland, CA – Alameda County District Attorney Nancy E. O’Malley today announced that defendants Dahood Bey and Rory Parker were sentenced, following their October 7, 2015, guilty pleas to multiple felony counts including grand theft, filing false documents, tax evasion and conspiracy.
Dahood Bey pled no contest to 21 felonies and was sentenced today to serve five years in state prison. His mother, Rory Parker, pled no contest to five felonies and received credit for 235 days already served in County Jail and five years felony probation. Their codefendants, Dahood Bey’s wives Jameelah Bey and Qadirah Bey, along with Basheer Muhammad, Billie Poindexter and Ira Dickerson, all entered no contest pleas in this case at earlier court appearances and are expected to be sentenced next month.
San Diego, CA — Alameda County District Attorney Nancy E. O’Malley today announced the launch and first Regional Information Summit of the H.E.A.T. Institute. The Institute is a newly created, California research-based think-tank committed to ending all forms of human trafficking in California. A Blue Ribbon Commission comprised of a broad base of statewide leaders has been created to learn from professionals, service providers and survivors of sex trafficking throughout California.
Six Regional Information Summits will convene over the coming six months to gather information on how California’s diverse communities are responding to human trafficking. The Commissioners will then review the gaps and challenges in responses and services, as well as identify best and promising practices.
Following the initial Regional Information Summit in San Diego, the H.E.A.T. Institute Commission will convene additional summits in Los Angeles, Orange County (San Bernadino and Riverside), Central Valley (Frenso), North East California (Sacramento) and the Bay Area.
In February, 2015, District Attorney O’Malley was presented with the prestigious James Irving Foundation Leadership Award for her work in combating human trafficking. The Award included funding to further that work and with those funds, DA O'Malley created the H.E.A.T. Institute.
DA Nancy O'Malley gives welcoming remarks at the Inaugural H.E.A.T. Institute Regional Information Summit in San Diego, CA. The event is cosponsored by the San Diego County District Attorney's Office, flanked by San Diego County DA Bonnie Dumanis (second from left).
The County of Alameda and the Alameda County District Attorney’s Office are proud to receive the 2015 Savvy Silver Circle Award for the outstanding community outreach component of the DA’s Office’s HEAT (Human Exploitation And Trafficking) Watch program.
The accolade was awarded by the City-County Communications and Marketing Association (3CMA) at their annual conference in Atlanta, GA. The HEAT Watch outreach efforts, that included an effective billboard and social media campaign, won in the category for Most Innovative.
For the past 27 years, the Savvy Awards competition has recognized outstanding local government achievements in communications, public-sector marketing and citizen-government relationships. Winning entries have demonstrated best practices in the field and have also served as the benchmark for local government communication efforts around the nation.
Alameda County DA Host the Safe Drug Take-Back Day Sep 17, 2015
Alameda County DA’s Office Participates in Nationwide Event
The public is encouraged to bring any unused, unwanted and/or expired prescription or over the counter medication for free, confidential and safe disposal at the Alameda County DA's Safe Drug Take-Back Day.
The Alameda County District Attorney’s Office, in partnership with the US Drug Enforcement Administration, is participating in National Drug Take Back Day.
The service is free and anonymous, no questions asked.
Saturday, September 26, 2015, from 10AM – 2PM
- Alameda County Family Justice Center, 470 27th Street, Oakland, CA
- Fremont Hall of Justice, 39439 Paseo Padre Parkway, Fremont, CA
- Gale-Schenone Hall of Justice Courthouse, 5672 Stoneridge Drive #D, Pleasanton, CA
- George E. McDonald Hall of Justice Courthouse, 2233 Shoreline Drive, Alameda, CA
Alameda County District Attorney Nancy E. O’Malley today announced that her office is the recipient of an award dedicated to the testing of backlogged and untested sexual assault forensic evidence kits (or 'SAKs'). Earlier today, Manhattan District Attorney Cyrus R. Vance, Jr., announced the award of approximately $38 million in grants to 32 jurisdictions in 20 states across the U.S. These grants are awarded to eliminate backlogs of untested SAKs. The two-year awards - ranging in amount from approximately $97,000 to $2 million - will help test an estimated 56,475 SAKs, generating DNA evidence that will help solve cases across the country.
Vice President Joe Biden and Attorney General Loretta Lynch joined District Attorney Vance to announce the recipients of the U.S. Department of Justice’s Bureau of Justice Assistance’s (BJA) separate, but complementary, $41 million Sexual Assault Kit Initiative (SAKI) Grant Program, which is expected to test nearly 13,500 kits in 20 jurisdictions. DA O'Malley and her office were strong advocates for federal funding to local law enforcement to test previously untested SAKs. DA O'Malley worked closely with Congressman Mike Honda, who serves on the Appropriations Committee in the House of Representatives, to ensure $41 million in federal funds were included in the 2014-15 federal budget.
Oakland, CA – Alameda County District Attorney Nancy E. O’Malley announced today that the Office’s Consumer, Environmental and Worker Protection Division, along with Riverside and San Diego District Attorney’s Offices and the California State Board of Pharmacy, has obtained a $502,200 settlement in a consumer protection lawsuit brought against the Walgreens Co. pharmacy chain in California.
DA O’Malley and DTSC Director Lee Announce Sentencing of Two Defendants for Environmental Crimes Jul 29, 2015
Alameda County District Attorney Nancy E. O’Malley, together with the California Department of Toxic Substances Control (DTSC) Director Barbara A. Lee, announced the sentencing today of Kirk Hayward and Charles Seaton, respectively the former owner and the former vice president of Clearwater Environmental Management, Inc., for felony convictions of conspiracy.
For years, Hayward and Seaton ran the Union City-based company and systematically defrauded Clearwater’s customers, falsified Clearwater customers’ official hazardous waste disposal records, and transported hazardous waste without a license from DTSC.
Defrauded Clearwater customers, including BART, Closure Solutions, Pape Machinery, and Recology, had hired the business to ensure compliance with their legal obligations as generators of hazardous waste, to lawfully transport and dispose of their hazardous waste, and to truly and accurately document disposal in official hazardous waste tracking records called ‘manifests’. However, Clearwater failed to provide customers with all of these environmental services.
“The defendants’ intentional and repeated crimes not only cheated Clearwater’s customers, but wholly undermined the integrity of environmental laws designed to protect public health and the environment,” said District Attorney O’Malley. “We will not tolerate hazardous waste crimes, including the falsification of hazardous waste records. My office greatly appreciates the considerable resources spent and expertise demonstrated by DTSC’s investigators that supported this successful prosecution.”
OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced her office has formally filed murder charges against Mark Anthony Estrada, 21, for the July 22 killing of Hayward Police Department Sergeant Scott Lunger. The complaint filed in the Alameda County Superior Court today charges Estrada with first degree murder with special circumstances. The three special circumstances are murder of a peace officer, lying in wait, and discharging a firearm from a motor vehicle.
On July 22, just after 3am, Sergeant Lunger pulled over a white pickup truck driving erratically. He approached the vehicle to speak with the driver. Without warning or provocation, defendant Estrada opened fire on Sergeant Lunger. A second Hayward Police officer who had also responded to the scene returned fire, striking Estrada. Defendant Estrada fled the scene and his vehicle was found discarded at 98th Avenue in Oakland. Sergeant Lunger died of his injuries at Eden Medical Center in Castro Valley a short time later.
OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced today that Brian Zachary Jones, age 35, has been charged with two counts of murder and two counts of felony driving under the influence of alcohol causing injury. The complaint includes multiple victim clauses as well as excessive speed clauses.
On May 2, 2015, defendant Jones, while under the influence of alcohol, drove his car at speeds ranging from 75 mph to 99 mph through residential streets of Livermore, CA. At 6:50 pm, the defendant failed to negotiate a turn in the 900 block of Murrieta Blvd. and left the roadway. Defendant Jones struck and killed Esperanza Morales and her 14-month-old daughter Yulida as they walked on a pathway before slamming into the rear of a relative’s apartment. The incident also resulted in serious injury to two children, ages 6 and 7, who were playing in the rear patio area of the apartment at the time.
The Livermore Police Department and the California Highway Patrol conducted a thorough and intensive traffic collision investigation that includes accident reconstruction, blood-alcohol testing and the examination of the event data recorder removed from the wreckage of the defendant’s car. Defendant Jones’ blood alcohol content was determined to be 0.14 percent.
“Esperanza Morales and her baby daughter lost their lives while visiting family in Livermore. A joyous occasion turned into a nightmare that has devastated a family and stunned the community,” states D.A. O’Malley. “My Office will ensure that justice is served and that Brian Jones is held accountable for his actions.”
The defendant was arrested without incident at approximately 4:00 this afternoon at a home in Fremont by Livermore Police.
Randy Alana Guilty of First Degree Murder May 20, 2015
OAKLAND, CA – Alameda County District Attorney Nancy E. O’Malley announced today that a jury found defendant Randy Alana, age 58, guilty of first degree murder for the killing of Sandra Coke. He was also convicted of second degree robbery, unlawful taking of a vehicle, and two counts of grand theft.
The trial, in which 84 witnesses were called to testify, lasted in excess of two months. The jury took less than three hours to reach the verdict of guilty on all five counts.
“Randy Alana brutally murdered Sandra Coke, and with today’s verdict her friends and family as well as the community know that justice has been served,” said DA O’Malley. “We sincerely hope that after today’s guilty verdict Ms. Coke’s family will be able to begin the long process of healing.”
Defendant Randy Alana and the victim, Sandra Coke, an inspector with the Federal Public Defender’s Office, were in a dating relationship off-and-on for 20 years. On the evening of August 4, 2013, Ms. Coke left her Oakland home and disappeared. An intense search ensued. Officers from the Oakland Police Department, inspectors from the Alameda County DA’s Office and other agencies worked around the clock to locate Ms. Coke. On August 9, 2013, Sandra Coke’s body was discovered in a dry creek bed below Cherry Glen Road in Vacaville, CA.
The coroner testified at trial that the cause of Ms. Coke’s death was asphyxiation due to strangulation.
Deputy District Attorney Colleen McMahon prosecuted the case with assistance from DA Inspector Jad Jadallah and Victim-Witness Advocate Kelli Sage.
“I am deeply gratified by today’s guilty verdict, and I commend the members of the jury for their diligence and focus,” DDA Colleen McMahon said.
Alameda County District Attorney Nancy E. O’Malley Announces $11.5 Million Settlement with Phillips 66 and ConocoPhillips for Underground Gas Tank Violations
Oakland, CA -- Alameda County District Attorney Nancy E. O’Malley today announced an $11.5 million settlement with Phillips 66 and ConocoPhillips. The settlement resolves law enforcement allegations that the companies violated state laws governing the proper operation and maintenance of underground storage tanks used to store gasoline at retail gas stations. The companies failed to comply with hazardous materials and hazardous waste laws at over 560 gasoline stations owned or operated by the companies in the state of California.
Local Electrical Contractor to Pay over $350,000 in Restitution
OAKLAND, CA -- Today, Alameda County District Attorney Nancy E. O'Malley announced that her office has secured eight felony convictions against licensed electrical contractor Calvin Harris (Harris Electric) for failing to pay his employees the prevailing wage and for filing false documents to hide his illegal conduct. The violations of the law occurred over the course of four years. Calvin Harris/Harris Construction entered into contracts with government entities which required the employees to be paid the prevailing wage for their work. The law also required Harris to report, under penalty of perjury, that he and his company were paying prevailing wages to the workers on the construction sites. In both areas, Harris violated California law.
Alameda County DA Nancy O'Malley Receives James Irvine Foundation Leadership Award for Work to End Child Sex Trafficking
Sacramento, CA - Today, the James Irvine Foundation will honor five recipients of the 2015 James Irvine Foundation Leadership Awards at a luncheon in Sacramento. The awards recognize innovative leaders advancing breakthrough solutions to critical issues facing California. Each recipient’s organization is awarded $200,000 to advance his or her work, along with additional support. This year’s recipients are working in the areas of employment, early education, corrections and youth well-being.
Public Awareness Billboard Campaign Jan 9, 2015
Massive Billboard Campaign Combatting Human Exploitation
& Trafficking of Children Unveiled
Oakland, CA—Today, Alameda County District Attorney Nancy E. O’Malley introduced 2015’s public awareness campaign that directly confronts the epidemic of human trafficking and the sexual exploitation of children. DA O’Malley unveiled billboards and bus shelter posters that are visible throughout the county of Alameda and the greater Bay Area. This campaign, timed to coincide with National Human Trafficking Awareness Month, marks the second consecutive year in which a billboard campaign raises awareness of the commercial sexual exploitation of children in the county and offers help to those same children.
Safeway Inc. to Pay $9.87 Million Jan 5, 2015
Safeway Inc. to Pay $9.87 Million Settlement for Environmental Violations
Stores Illegally Dumped Hazardous Wastes and Confidential Customer Medical Information
District Attorney Nancy E. O’Malley, together with 42 other California District Attorneys and two city attorneys, announced today that Alameda County Superior Court Judge Wynne S. Carvill has ordered the Pleasanton-based Safeway Inc. to pay $9.87 million as part of a settlement of a civil environmental prosecution.
Alameda County District Attorney Nancy E. O’Malley Announces $23.8 Million Settlement with AT&T for Environmental Violations
Alameda County District Attorney Nancy E. O’Malley and Attorney General Kamala D. Harris and today announced a settlement with AT&T to resolve allegations that hundreds of AT&T’s California facilities unlawfully disposed of hazardous waste and material over a nine-year period. As part of the settlement, AT&T will pay $23.8 million. In addition, AT&T will spend an estimated $28 million over the next five years to implement the enhanced environmental compliance measures required by the settlement.The settlement and proposed judgment, filed in Alameda County Superior Court, requires approval from the court before becoming final.
Guilty Verdict in 1984 Murder of 14-year-old Oct 30, 2014
Oakland, CA. Alameda County District Attorney Nancy E. O’Malley announced that today a jury found Steven Carlson, 46, guilty of first degree murder for the brutal 1984 killing of 14 year old Tina Faelz.
AB1517 Signed to Address CA’s Rape Kit Backlog Sep 30, 2014
Today, Governor Jerry Brown signed groundbreaking legislation aimed at eliminating California’s current backlog of untested rape kits and preventing the possibility of future backlogs. AB 1517, authored by Assemblymember Nancy Skinner, and co-sponsored by Alameda County District Attorney Nancy E. O’Malley and the California Coalition Against Sexual Assault (CALCASA), brings justice to victims of sexual assault by ensuring that DNA evidence collected during sexual assault examinations is tested in a timely manner.
Gov. Brown Signs Bill to Combat Human Trafficking Sep 29, 2014
On September 28, 2014, Governor Jerry Brown signed Assembly Bill 1610 into law. This bill, authored by Assemblymember Rob Bonta, and sponsored by Alameda County District Attorney Nancy E. O’Malley, provides for a conditional examination when a material witness is a victim of, or witness to, a felony prosecution involving human trafficking.
Rape Kit Update Press Conference Sep 29, 2014
Congressman Honda and Alameda County DA O'Malley Outline Success in Eliminating Rape Kit Backlog ~ Results seen at federal, local level ~
Oakland, CA. – Today, Congressman Mike Honda (D-San Jose) and Alameda County District Attorney Nancy E. O’Malley discussed the accomplishments and ongoing efforts to eliminate the backlog of rape kits at a local and national level and to ensure that resources exist to prevent future backlogs.
On August 29, 2014, Governor Jerry Brown signed into law Senate Bill 939, marking a significant advancement in the ability to prosecute human trafficking cases that cross jurisdictional lines. The legislation, co-sponsored by the Alameda County District Attorney’s Office and authored by Senator Marty Block, enables prosecutors to file multiple charges against a defendant who commits human trafficking-related offenses in multiple jurisdictions across the State of California.