Eastern District of California Blog

Fresno Jury Finds Couple Guilty Of Tax Evasion

A Visalia pediatrician and her husband were convicted Thursday of one count of fraud conspiracy and four counts of tax evasion in Fresno's federal court.

Elisabeth Ann Bossingham, 53, and Brett Allen Bossingham, 51, of Woodlake, were found guilty after a two-day trial.

According to the department of justice, Elisabeth Bossingham, a pediatrician with a practice in Visalia, and her husband, a local farmer, began in 2000 to actively conceal their income from the Internal Revenue Service.

The Bossinghams used an offshore bank account, engaging in a "warehouse banking" scheme — where depositors pool their money in a single bank account to avoid IRS detection, according to federal authorities.

Visalia Delta Times, 2/9/12

Jury To Return January 17 To Decide What Fresno Will Pay For Vargas Shooting Death

After a two week trial, and two days of deliberations in Federal Court an eight person jury unanimously decided the city of Fresno was liable for Vargas' death. He was shot to death two years ago by Fresno Police Sgt. Mike Palomino, ruling he used excessive force. But the attorney for the Vargas family, Arturo Gonzalez told reporters outside the courthouse on Tuesday the jury's work may not be done.

"The jury has to decide a very significant issue," said Gonzalez. What is the value of Steven Vargas life."

But Gonzalez is hoping the jury will not have to come back. He wants the city to accept a financial settlement. He's put a seven figure offer on the table, meaning he's expecting a million dollars or more. But Fresno attorney Tony Capozzi, ABC30's legal analyst doesn't believe any settlement will be that big.

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The jury is scheduled to return on January 17th unless a settlement is reached.

ABC 30 Fresno, 12/22/11

Jury Finds Fresno Officer Used Excessive Force In Shooting Death Of Steven Vargas

A federal jury on Tuesday found that Fresno police Sgt. Mike Palomino used excessive and unreasonable force when he shot and killed a man who was unarmed but high on drugs in October 2009.

A six-man, two-woman jury deliberated for the better part of two days before unanimously finding that the city was liable for the death of Steven Anthony Vargas, who was shot eight times by Palomino as he sat in an SUV after crashing it into a van parked in an East McKinley Avenue driveway.

The same jury, however, cleared Fresno police Chief Jerry Dyer of any role in the Vargas shooting.

In a complex ruling, jurors also were unable to reach any verdict on a wrongful-death claim that included Dyer, Palomino and the city.

Fresno Bee, 12/20/11

 

Fresno Police Chief Dyer Defends Officers In Vargas Trial

Fresno Police Chief Jerry Dyer said in court Tuesday that in a high-tension pursuit involving an officer, a suspect can pull a gun and shoot in less than a second.

When an officer is in a confrontation with a possibly armed suspect who makes a sudden move, the officer knows from training that he must decide in a split second to defend himself or the lives of bystanders.

"The officers don't have the luxury to make a decision that we as a department, as investigators, make later," Dyer said during testimony in a federal wrongful-death trial involving his department.

Dyer was on the stand for a second day in U.S. District Court in Fresno. At the start of the day, attorneys representing the family of Steven Anthony Vargas -- who was shot and killed in October 2009 by Sgt. Mike Palomino -- continued to question the chief about 10 shootings they maintain are part of a pattern of unjustified shootings by Fresno police during Dyer's tenure as the city's top cop.

Fresno Bee, 12/13/11

Fresno Releases Long-Awaited Auditor's Report Of Police Shootings

Fresno's Police Chief goes on the defense, after city officials release the much-anticipated independent police auditor report. The report comes after months of pressure, including a federal judge's request to release it.

It could be used during his case, involving the Fresno Police Department and the family of Steven Vargas, who was shot and killed by an officer two years ago.

Fresno Bee, 12/11/11

Fresno Police Chief Dyer Testifies In Vargas Shooting Case

Fresno City Manager Mark Scott issued this Public Letter Friday apologizing for the delay of the auditor's report and promising to release the original, pre-edited version on the city's website Monday.

And, see Fresno Bee, 12/9/11, Fresno Police Chief Jerry Dyer testified Friday concerning the Fresno police's policies and training in the wrongful death trial over the 2009 shooting of Steven Anthony Vargas by a Fresno police officer.  His testimony continues Monday.

EDCA Court Orders Auditor to Provide Court With Unredacted Report

Yesterday's Fresno Bee noted that Fresno Police Chief Jerry Dyer was scheduled to testify in the federal wrongful death trial over the shooting death by a Fresno police officer.

Today's Fresno Bee reported that Judge Ishii has ordered that he be provided a copy of the auditor's unredacted report:

A federal judge presiding over a wrongful-death trial ruled today that he wants former Fresno police auditor Eddie Aubrey to send him a clean copy of Aubrey's long-delayed report so he can see its original wording before it was edited by city officials.

Attorneys for the family of a man shot by Fresno police Sgt. Mike Palomino have been seeking the report with the hope it could shed more light on their claim that this incident is part of a pattern of unjustified shootings by the department.

Ishii appeared to be leaning toward letting attorneys review the report, but to date, he has only seen a report that has editing marks on it from City Manager Mark Scott.

Aubrey, the former auditor, finished the report more than six months ago, but Scott has declined to release it.

Jury Selection Underway In Wrongful Death Action Against Fresno Police

Final jury selection is underway in federal court after a wrongful death lawsuit was filed against a Fresno Police officer and the police department. Steven Vargas was shot and killed by officers in October of 2009. 

Bay Area attorney Arturo Gonzalez is waiting on information he feels could be very valuable to his case, it's a report from the police auditor. His first witness who will take the stand is the officer who fired the deadly shots. The two week trial is expected to end with testimony from Police Chief Jerry Dyer.

Attorney Arturo Gonzalez is digging for more information. And with each day his curiosity grows about what may be contained in a police auditor's report that has not been produced. "That auditor's report was given to your city manager on April 29th of this year. What is that six months ago, maybe more? It hasn't been disclosed to the public."

What Eddie Aubrey documented before he left his job as independent police auditor remains a mystery.

Fresno Jury Finds Man Guilty In Scheme To Steal Almonds

A federal jury found a Modesto man guilty Monday in a scheme to steal hundreds of thousands of pounds of almonds and to defraud Central Valley almond growers and nut processors.

Modesto resident Ronald John Salado, 59, was found guilty of conspiring to commit mail fraud and bank fraud, two counts of mail fraud, nine counts of bank fraud, and two counts of money laundering, according to a statement from the U.S. attorney's office.

Modesto Bee, 11/14/11

 

Fresno Jury Awards Fired Walgreens Pharmacist $1.2 Million

A Fresno federal court jury on Friday awarded a fired Walgreens pharmacist $1.24 million after he claimed his allegations of Medicare billing fraud led to his firing.

Jurors awarded Sami Mitri – who was fired in January 2010 after working more than 13 years for the company in various jobs – $88,000 in general damages and $1,155,000 in punitive damages.

The verdict was reached after a nine-day trial before U.S. District Judge Anthony W. Ishii.

"The jury sent a message that Walgreens can't fire a whistle-blower," Mitri's attorney Andrew Jones said. "This guy is a hero who came forward and stood up for taxpayers like you and me. He stood up for what is right."

Fresno Bee, 8/19/11