Showing posts with label crimes. Show all posts
Showing posts with label crimes. Show all posts

Wednesday, May 20, 2015

WHAT IT MEANS FOR A GIANT BANK TO PLEAD GUILTY TO A CRIMINAL CHARGE

WHAT IT MEANS FOR A GIANT BANK TO PLEAD GUILTY TO A CRIMINAL CHARGE

Today, five major U.S. and European banks – including giant Citicorp and JPMorgan Chase -- agreed to plead guilty to criminal charges and pay more than $5 billion in penalties to settle charges their traders manipulated the $5.3-trillion-a-day foreign exchange currency market for the banks' profit. Their self-described “cartel” used an exclusive electronic chat room and coded language to manipulate national exchange rates in ways that benefited their own trading positions. It’s one of the biggest bank swindles of all times. 

But is any top executive going to jail? 
Not a chance. 
Black and Latino teenagers are locked up for selling ounces of marijuana. 
Bankers who fleece the rest of us for trillions of dollars get fat bonuses.

Jamie Dimon, CEO of JPMorgan (pictured below), has been lobbying on Capitol Hill to roll back the Dodd-Frank Act and eviscerate other bank regulations. If, as the Supreme Court says, corporations are people, then when Citicorp and JPMorgan plead guilty to criminal charges their top brass (including Dimon) should feel the pinch.
What do you think?

Tuesday, October 07, 2014

New Jersey school cancels football season amid criminal bullying probe

New Jersey school cancels football season amid criminal probe


The football season at a storied New Jersey high school has been canceled amid "significant and serious" allegations of harassment, intimidation and bullying.
Sayreville Schools Superintendent Rich Labbe made the announcement late Monday during a meeting with the parents of football players. The development follows word of a criminal investigation by the county prosecutor, which Labbe said he could not discuss. Labbe says Prosecutor Andrew Carey told him there is credible evidence to indicate pervasive, wide-scale and generally accepted forms of harassment, intimidation and bullying within the program.
"We can set the standard right now for all kids, for all school districts in Middlesex County, in the state and in the nation that we are not going to stand around and allow kids to do this to one another," Labbe said. "We are going to start holding our students responsible for doing the right thing and reporting these kinds of behaviors."
"We are going to start holding our students responsible for doing the right thing and reporting these kinds of behaviors."- Schools Superintendent Rich Labbe
Sayreville's team has won three sectional titles over the past four years and is widely regarded as one of the state's top public school football programs. The Bombers string of 20 consecutive playoff appearances will now come to an end, The Home News Tribune reports.
The district canceled and forfeited a game that was scheduled last Friday. A criminal investigation is ongoing and details will not be released until its completed, authorities said.
Labbe said he could not discuss the future of the coaching staff, some of whom may face criminal charges. He announced last week that prosecutors were investigations allegations of a "significant and serious nature" within the program. The alleged victims and perpetrators have not been identified, he said.
"Right now our focus is on several things," Labbe said. "First and foremost, our focus is on the victims involved in this case. We want them and their parents to know that we are here for them and willing to do anything and everything to help so that they feel safe once again in our schools. Secondly, we do have to remember that this is a criminal investigation in which all parties are innocent until proven guilty. We also have to do everything in our power to cooperate with law enforcement, which primarily included staying out of their way."
Sayreville Athletics Director John Kohutanycz reportedly discussed the level of supervision school district officials provide for children before, during and after competitions and practices. Counselors have also been made available for any student who may have been impacted by the situation.
"We are standing up together as a Board of Education and as a district in saying no to bullying in Sayreville," Labbe said. "And we are inviting others to join us in our stance."
Also last week, an assistant football coach at the high school resigned amid allegations that he possessed steroids. Labbe said the allegations against the former defensive coordinator were the focus of a separate investigation and were not related to the cancellation of last week's game.
The Associated Press contributed to this report.

Sunday, June 22, 2014

Sweetwater probe nets first jail sentence; Former Sweetwater board member gets 45 days

See all posts re South Bay Indictments.

Sweetwater probe nets first jail sentence
Former Sweetwater board member gets 45 days
By Greg Moran
San Diego Union-Tribune
June 20, 2014

Gregory Sandoval, a former Sweetwater schools trustee, on Friday became the first defendant in the South County schools corruption probe to be sentenced to jail for accepting fancy meals and other gifts from contractors seeking business with the district.
Sandoval, who is also a former administrator at Southwestern College, pleaded guilty in April to a felony conspiracy charge and a misdemeanor charge of failing to report gifts he received from school construction executives on required disclosure forms in 2008.
Superior Court Judge Ana Espana sentenced Sandoval to six months in custody. She ordered him to serve 45 days of that in jail, and serve the remaining 135 days on home detention.
He was also fined $7,995, ordered to perform 120 hours of community service and put on probation for three years.
Espana denied a request from Sandoval’s lawyer to reduce the felony to a lesser misdemeanor. She also ordered him into jail custody immediately, to begin his sentence.
Sandoval, 60, is one of 18 trustees, school officials and contractors who were charged in an expansive probe into the cozy relationships between school officials and the contractors angling for work funded by voter-approved bond programs.
The investigation focused on Sweetwater Union High School District but also included officials from Southwestern College and the San Ysidro School District.
Most have pleaded guilty and received sentences of probation or home detention, as well as fines and community service work.
But prosecutors with the San Diego County District Attorney’s office said that Sandoval was one of more corrupt of the defendants, receiving lots of gifts and meals.
For example Jaime Ortiz, a construction management executive with the firm SGI that was involved in the construction work, testified in front of a grand jury empaneled for the case that Sandoval demands for dinners and being treated to other social events was “constant.”
One time Ortiz said Sandoval called him when Ortiz was in SGI offices in Los Angeles and said he wanted to meet. He said he wanted to go to a luau at a Pacific Beach hotel that evening. Ortiz boarded a plane for the short flight then paid for the dinners for himself, his wife and Sandoval and his wife.
Sandoval was initially indicted on 29 charges including bribery and perjury. He ended up admitting in his plea deal to accepting $2,770 in gifts from another contractor, Henry Amigable, and not reporting those gifts on his state-mandated economic disclosure forms.
Jeremy Warren, one of his lawyers, said in court papers that Sandoval accepted responsibility for his acts. He said at the time of the wining and dining Sandoval recently had lost his job at the college in the wake of sexual harassment accusation that he was later cleared of, but he remained a Sweetwater trustee. Warren said he was at a low point in his life when he began being courted by Amigable and others.
In 2010 Sandoval got a new job as an administrator at Moreno Valley College, but resigned from that $151,811 job after his guilty plea in April.

Friday, June 20, 2014

UCLA chemistry professor avoids prison time in fatal lab fire case

Academic culture seems to be the problem here. University of California and other highbrow institutions think that only the brilliance of top minds matters, not the everyday concern for the basic needs of little people.

See all posts re UCLA Professor Patrick Harran and Sheri Sangji death.

UCLA chemistry professor avoids prison time in fatal lab fire case
Deal with prosecutors all but frees Patrick Harran from criminal liability in a 2008 laboratory fire that killed staff research assistant Sheharbano "Sheri" Sangji.
Kim Christensen
Los Angeles Times
June 20, 2014

UCLA chemistry professor Patrick Harran on Friday struck a deal with prosecutors that all but frees him from criminal liability in a 2008 laboratory fire that killed staff research assistant Sheharbano “Sheri” Sangji.
Harran, charged with four felony counts of willfully violating state occupational health and safety standards, had faced up to 4-1/2 years in prison if convicted.
Instead, under an agreement approved by Los Angeles County Superior Court Judge George Lomeli, Harran, 44, was ordered to pay $10,000 to the Grossman Burn Center and to perform 800 hours of community service.
Harran admitted no wrongdoing in what is thought to be the first criminal case arising in an academic lab accident. The charges will be dropped if he successfully fulfills the terms of the agreement.
Sangji, 23, was not wearing a protective lab coat and suffered severe burns on Dec. 29, 2008, when a plastic syringe she was using to transfer t-butyl lithium from one sealed container to another came apart, spewing a chemical compound that ignites when exposed to air. She died 18 days later.

Monday, June 02, 2014

UCLA: when a professor violates safety laws and a girl dies, it's an accident, not a criminal act--but the juvenile record of the OSHA inspector is an important issue, say UCLA lawyers


UCLA Chemistry Professor Patrick Harran

UPDATE June 2, 2014: UCLA has managed to halt the trial of People v. [UCLA chemistry professor] Patrick Harran regarding the death of one of Prof. Harran's lab workers.

Thank you to the website Central Science for caring about this case.

UCLA has managed to halt the criminal proceeding in its tracks. Nice work, UCLA. It's lovely to see our tax dollars at work protecting arrogant, negligent professors when a bright and promising young woman dies at UCLA. If UCLA hired someone to advise professors and administrators on ethics and responsibility, it could save a lot of money on lawyers.

Prof. Harran is currently listed on the UCLA chemistry faculty page.

People v Patrick Harran continues
By Jyllian Kemsley
Central Science
January 10th, 2014

University of California, Los Angeles, chemistry professor Patrick Harran had another court status check today. The result is another status check scheduled for March 19. The continued delay in scheduling a trial is due at least in part to the fact that Harran’s attorneys are trying to get the case dismissed through the California Court of Appeal. Harran faces trial on four counts of felony violations of the state labor code relating to the 2009 death of Sheharbano (Sheri) Sangji from injuries sustained in a fire in Harran’s lab.

The Los Angeles County District Attorney’s office filed the charges against Harran and the UC governing body on Dec. 27, 2011. UC settled with the district attorney on July 27, 2012, in exchange for implementing a prescribed safety program and a law scholarship in Sangji’s name. Judge Lisa B. Lench heard testimony in Harran’s preliminary hearing in November and December, 2012, then ruled on April 26, 2013, that there was enough evidence for a trial. On Aug. 26, 2013, Judge George G. Lomeli ruled against additional defense motions to dismiss the case.

On Oct. 24, 2013, Harran’s attorneys filed a “petition for writ of mandate, prohibition, or other appropriate relief” with the California Court of Appeal. The petition covers similar territory as the demurrer motion from last August: The defense argues that UC was the employer and Harran merely a supervisor. California Labor Code section 6425(a) makes it a crime for “Any employer and any employee having direction, management, control, or custody of any employment, place of employment, or of any other employee” to willfully violate an occupational safety or health standard in such a way that causes death or permanent or prolonged impairment of the body of an employee. Nevertheless, Harran’s attorneys write, the specific occupational safety and health regulations Harran is charged with violating reference either employer or no one at all (Title 8, sections 5191(f)(4), 3203(a)(6), 3383(a), and 3383(b)). Other regulations do call out supervisors. From the petition:

In the regulatory scheme, Cal/OSHA thus specifically identifies supervisors as the party legally responsible for certain acts when it deems necessary. In other circumstances, it simply prescribes duties of employers, and leaves to the employer how to divide responsibility for internal implementation of the safety standards. There is no principled justification to disregard the expressed policy preferences of the administrative body charged with promoting workplace safety in this state.


So far, the Court of Appeal has not done anything with the petition. Until it does, the case cannot proceed.

COMMENTS

Jan 23rd 2014
by Auntie markovnikov
What a joke. Motions to dismiss based on semantics of OSHA standards…self-obsessed narcissists running the science world into the ground because they can’t be bothered to establish viable safety protocols. For me, it comes down to this- no way should a first year/undergrad/intern of her experience level be handling such high level pyrophorics. Regardless of all else- that’s his lab, his chemical and his student and he was responsible and failed miserably. Time to see if the justice system can fix what has been broken.

Feb 1st 2014
by Sigmund Derman
I ran an academic biochemistry/molecular biology laboratory lab for quite a few years. The safety culture at that time was not particularly strong in most academic centers. It always seemed to me that many labs were courting disaster. There were some injuries at my institution but none in my lab. But I never had such dangerous reactions going on as they used in Harran’s lab. One exception was using cyanogen bromide which certainly can kill someone. I tended to fear the worst and thus I obsessively checked the safety precautions. My own Ph.D. adviser had been the same way—virtually obsessional about details, including safety. But I knew other grad students whose advisers let them do anything such as eat lunch with one hand and pipette radioactive or toxic chemicals with the other. I almost always went through the whole procedure with a trainee or lab assistant before I would let them do it alone. Or, I had another experienced person do the supervision.


ORIGINAL POST:

I've tried to find out the final result of the criminal prosecution of UCLA chemistry professor Patrick Harran, but there's not even a whisper on the Internet of the final outcome of the case.

But that secret outcome is pretty easy to guess. How much chance is there that Mr. Harran, with all the political power of the University of California behind him, spent a single day in jail? Very little, I imagine. He probably got a plea deal that required community service--most likely, at UCLA. Perhaps in the $3.2 million chemistry lab that the taxpayers provided.

"UCLA chemistry professor to plead not guilty to felony charges associated with 2008 lab fire death"
by Nichole Cgiang
January 9th, 2012
Daily Bruin

UCLA chemistry professor Patrick Harran will plead not guilty to a felony complaint filed by the Los Angeles County District Attorney’s office in late December in relation to a fatal 2008 laboratory fire that resulted in the death of a UCLA staff research assistant.

The university also plans to fight the charges in court, said Kevin Reed, vice chancellor for legal affairs...

Mr. Harran felt very entitled to that $3.2 million lab, and he wouldn't even TALK to the safety inspector until he was provided with quarters that met his expectations. Unfortunately, Sheri Sangii died in Mr. Harran's temporary lab, without benefit of proper safety precautions.

When you're as big and important as UCLA, you can't waste time worrying about the little people who make your success possible. You just worry about the big guys like Harran. And of course, you don't expect him to worry about the little guys either.

But what about state law? Is UCLA worried about that? Apparently not much. UCLA relies on its lawyers to take care of that.

They'll even dig up dirt on the inspector. UCLA's lawyers argued that Harran shouldn't have to answer to a report by Cal-OSHA because the inspector had committed a crime when he was sixteen years old. Dr. Harran, on the other hand, was forty years old at the time his lab worker died.


Sheri Sangii and family at her graduation

"UCLA pursued Harran aggressively, offering him a budget of $3.2 million to set up a state-of-the-art organic chemistry lab on the fifth floor of the Molecular Sciences Building. He and his team were given temporary space on the fourth floor while renovations were made upstairs.

"On October 30, 2008, UCLA chemical safety officer Michael Wheatley conducted an annual inspection of the fourth-floor labs. Wheatley found a number of deficiencies, one particularly relevant to events that would soon unfold: "Eye protection, nitrile [synthetic rubber] gloves and lab coats were not worn by laboratory personnel."

"In an email on November 5, Wheatley asked Harran when they could meet to discuss the findings.

"'Is it possible to wait until we get settled on the 5th floor?' Harran replied a week later. 'That would make for a better meeting—our labs on 4 are overcrowded and disorganized. I wasn't planning to be in temporary space for this long.' Wheatley agreed to the delay.

On December 29, a Monday, Sheri Sangji reported for work on the fourth floor.

Harran wanted her to replicate a chemical reaction she'd performed on October 17, but on a scale three times larger...

Sangji is not the only UCLA lab worker who suffered serious burns in recent years. In November 2007, a graduate chemistry student named Matthew Graf caught fire after spilling a bottle of alcohol near an open flame. He also wasn’t wearing a lab coat and sustained second-degree burns to his hands and torso. He spent a week in a burn center, and underwent surgery to repair his hands. Cal/OSHA didn’t learn about the accident until nearly two years after the fact and cited UCLA for failing to report it; the university is contesting the citation.



Did Lax Laboratory Safety Practices Kill This UCLA Chemist?
In her first year out of college, Sheri Sangji was fatally burned at work. Will her death teach academics to protect their lab staff?
Jim Morris, Center for Public Integrity
Jul. 28, 2012

...PAGE THREE

Sangji was taken to the hospital. Shortly after 4 p.m. Pacific time, Naveen Sangji’s cellphone rang in Boston. Then a medical student at Harvard, she assumed her sister was calling to tell her about another law school acceptance letter. They had been coming regularly.


It was a hospital social worker, using Sheri’s phone. Naveen caught a flight to Los Angeles early the next morning and went straight to the burn center to which her sister had been transffered. “Her arms were suspended from the ceiling to keep them in a certain position, all wrapped with bandages,” Naveen says. “The only part of her that I could see was her face.” Her sister would die less than three weeks later.


"Willful violation"


In the months to follow, Naveen pressed UCLA officials for details on the accident. She found the responses wanting. The university, she felt, was trying to make it appear that Sheri was an experienced chemist, and that the fire was her fault.

A state investigator found "a systemic breakdown of overall laboratory safety practices at UCLA."

Cal/OSHA began one investigation shortly after the accident but before Sheri's death; it resulted in four citations and a $31,875 fine against UCLA in May 2009. 


On June 17, 2009, a month after the citations, Chancellor Block replyed to an email from Naveen. He recalled "the elegant and successful way" Sheri had performed the tert-Butyllithium experiment the previous October.
 Block wrote that the "campus believes…that many corrective measures ordered by our inspectors were taken before the tragic accident, though they were not properly documented." Cal/OSHA, he noted, "found no willful violations of regulations or laws by UCLA personnel. Neither [chemistry department chair Al] Courey nor Dr. Harran were in the lab the day of the tragedy and did not have the opportunity to remind Sheri to put on her lab coat."


In his interview with the deputy fire marshal, however, Harran—the lab’s principal investigator, or PI—admitted that his safety policies were less than rigid. Harran said he "never explicitly" told his senior employees, such as postdoctoral fellows, to make sure subordinates were wearing protective equipment.


Sangji is not the only UCLA lab worker who suffered serious burns in recent years. In November 2007, a graduate chemistry student named Matthew Graf caught fire after spilling a bottle of alcohol near an open flame. He also wasn’t wearing a lab coat and sustained second-degree burns to his hands and torso. He spent a week in a burn center, and underwent surgery to repair his hands. Cal/OSHA didn’t learn about the accident until nearly two years after the fact and cited UCLA for failing to report it; the university is contesting the citation.


And on December 22, 2008, one week before Sangji was burned, another graduate chemistry student, Jonah Chung, sustained burns and cuts when the equipment he was working on "detonated, causing glass, hot oil, and chemicals to strike his face and torso," investigator Baudendistel wrote. Chung, who sustained burns and cuts "was not wearing a lab coat, gloves, nor appropriate eye protection…at the time of the incident."


UCLA Professor Patrick Harran in court CPIUCLA Professor Patrick Harran in court CPIIn Naveen Sangji’s view, the fine in her sister's case was sorely insufficient. So she was relieved and gratified when Baudendistel issued his 95-page report in December 2009, concluding that "the laboratory safety policies and practices utilized by UCLA prior to Victim Sangji’s death, were so defective as to render the University’s required Chemical Hygiene Plan and Injury and Illness Prevention Program essentially non-existent." There had been "a systemic breakdown of overall laboratory safety practices at UCLA," he wrote.


"Dr. Harran," Baudendistel concluded in the report, "permitted Victim Sangji to work in a manner that knowingly caused her to be exposed to a serious and foreseeable risk of serious injury or death."


Baudendistel referred the Harran case to criminal prosecutors, as is Cal/OSHA’s practice when it believes it has evidence of gross employer misconduct. 
While about a third of such referrals result in charges, Harran wasn’t a foreman on a trenching job or the owner of a roofing company. He was an award-winning chemistry professor with the backing of a powerful university.
 He could be expected to fight back—vigorously.

Baudendistel recommended that Harran and UCLA be charged with involuntary manslaughter and felony labor code violations. But when the Los Angeles District Attorney's office did file its felony complaint, this past December, the manslaughter charge was absent, leaving only willful violation of the state labor code.

Hard questions


Chemists and safety consultants were stunned.
 Across academia and private industry, the Sangji case had already set off debate; bloggers and journal editors had written about it. The filing of the complaint took the discussion to another level.
 Uncomfortable questions followed: Were some principal investigators so obsessed with publishing papers, securing grants, and winning prizes that they’d lost sight of their responsibility to keep employees and students from being hurt?


"Each lab is like an island where the PI is king," says Paul Bracher, a postdoctoral researcher in chemistry at Caltech who writes a blog called ChemBark. 
"He provides for the lab, brings in grants, decides how the money is spent. There are a lot of demands on their time, and the safety stuff a lot of times gets lost in the shuffle.

"I’ve never heard of anyone getting fired for being unsafe," adds Bracher, whose trachea was pierced by flying glass in an undergraduate lab accident 12 years ago.

The US Chemical Safety Board has identified academic "fiefdoms" as being partly to blame for accidents like the one that killed Sangji. Its fall 2011 report concluded that at "academic research institutions, PIs may view laboratory inspections by an outside entity as infringing upon their academic freedom." The board recommended that the US Occupational Safety and Health Administration revise its lab standard, which focuses on dangers from exposure to hazardous chemicals, to make clear that physical hazards also must be controlled. 


UCLA, for its part, has created a Center for Laboratory Safety which, Chancellor Block said in his January statement, will "identify and institute best practices in safety, going beyond the minimum requirements of outside agencies so that we can hold our laboratories to even higher standards. We also dramatically increased the number of lab inspections, strengthened our policy on the required use of personal protective equipment and developed a hazard-assessment tool that labs must update annually or whenever conditions change."


The real-world impacts of these changes remain to be seen. "I think the university is trying," says Rita Kern, a staff research associate in the UCLA Department of Medicine who sits on the health and safety committee of University Professional and Technical Employees, Communications Workers of America Local 9119 (UPTE), the union to which Sheri Sangji belonged. "Some things have changed, but it’s like turning a big boat in the middle of the ocean. It doesn’t turn very fast."


Indeed, after two inspections in the 14 months following Sangji’s death, Cal/OSHA cited UCLA for 16 lab safety violations. Five were classified as "serious" and one as "repeat serious." The university paid a $36,690 fine.


Ryan Marcheschi, a postdoctoral fellow in the UCLA chemical and biomolecular engineering department who works with flammable and explosive compounds, says the university has "tightened up" on safety since the Sangji accident, though much of this has come in the form of increased paperwork.
 When he learned that the criminal complaint had been filed against Harran, "I thought it was extreme," Marcheschi says. "But then I thought, maybe that’s what’s needed to make policies change."


UPTE's health and safety director, Joan Lichterman, gives the district attorney's settlement agreement with the UC regents a mixed rating. Lichterman likes the fact that PIs at UCLA no longer will be able to operate labs or supervise anyone without first completing safety training. But she doesn't understand why the agreement ends after four years.

"Why only four years and not in perpetuity?" she asks.

"Cal/OSHA officials said the UCLA fine was the largest among seven recent cases involving accidents at academic research labs or those in the chemical and biotechnology industries.

"Fines in the six previous cases, which included serious injuries but not fatalities, ranged from $1,200 to $19,135.

"'The important point to make here is that these penalties are not designed to compensate for injury or loss of life,' said Dean Fryer, a Cal/OSHA spokesman, explaining that the fines merely address the civil violations of workplace regulations."


State fines UCLA in fatal lab fire
Sheharbano “Sheri” Sangji lacked proper training, Cal/OSHA found.
Kim Christensen
Los Angeles Times
May 5, 2009

State regulators on Monday fined UCLA more than $31,000 for three "serious" violations of workplace safety laws in the fatal burning of a staff research assistant in a Dec. 29 chemistry lab fire.

The findings by the California Division of Occupational Safety and Health concluded that Sheharbano "Sheri" Sangji, 23, had not been properly trained and was not wearing protective clothing when an experiment exploded, spreading second- and third-degree burns over 43% of her body. She died 18 days later.

Cal/OSHA also cited UCLA for not addressing deficiencies noted in an internal safety inspection two months before the fatal fire in professor Patrick Harran's organic chemistry laboratory, including a finding that workers were not wearing lab coats.

The 10-page report, which contained scant detail of the Cal/OSHA investigation, left many questions unanswered about the lab's protocols, equipment and supervision, said Sangji's sister, Naveen, a Harvard medical student.

"This report sheds very little light on the incident. Sheri went to work that day and never got the chance to come home," she said. "She suffered agonizing injuries, and these . . . pages do not explain what happened or how it happened."

Cal/OSHA officials said the UCLA fine was the largest among seven recent cases involving accidents at academic research labs or those in the chemical and biotechnology industries.

Fines in the six previous cases, which included serious injuries but not fatalities, ranged from $1,200 to $19,135.

Comments

"The important point to make here is that these penalties are not designed to compensate for injury or loss of life," said Dean Fryer, a Cal/OSHA spokesman, explaining that the fines merely address the civil violations of workplace regulations.

As in any accident resulting in death, Fryer said, Cal/OSHA will prepare an additional report to present to the Los Angeles County district attorney for consideration of criminal prosecution. Cal/OSHA as a matter of routine does not contact the district attorney before civil penalties are assessed.

UCLA officials, who ordered a comprehensive review of lab safety after Sangji died, said they would not appeal the fines.

New measures in place or in the works include increased inspections, a shortened time span for correcting serious violations and the purchase of flame-resistant lab coats.

"Although substantial progress has already been made, we will continue to thoroughly monitor and assess our lab training and safety protocols as an integral component of our daily operations," Chancellor Gene Block said in a statement. "The Cal/OSHA report will provide critical assistance with these ongoing efforts."

Sangji was transferring about two ounces of t-butyl lithium from one sealed container to another when a plastic syringe came apart in her hands, splashing her with a chemical compound that ignites instantly when exposed to air.

The resulting flash fire set ablaze her rubber gloves and synthetic sweater.

The $31,875 fine issued Monday included $18,000 for the fact that she wasn't wearing a lab coat, which might have kept her highly flammable sweater from catching fire.

Serious violations carry a maximum fine of $25,000 and a base penalty of $18,000, which can be increased or reduced based on the circumstances.

Born and raised in Pakistan, Sangji graduated in 2008 from Pomona College in Claremont with plans to become a lawyer. While applying to law schools, she took a $46,000-a-year job in October in a lab run by Harran, a researcher with a rising reputation in organic chemistry.

A former member of the faculty at University of Texas Southwestern Medical Center, he joined the UCLA faculty in July as the first Donald J. Cram Chair in Organic Chemistry, according to his biography on UCLA's website.

A day after the fire, Harran told a UCLA investigator that a syringe "was the appropriate method" for transferring t-butyl lithium, and that Sangji had been trained how to do it. But Harran did not know when that training occurred and had no record of it, as required by Cal/OSHA and UCLA lab safety standards.

Two months before the fire, an annual safety inspection conducted Oct. 30 uncovered more than two dozen deficiencies in Harran's four labs, including the one where Sangji worked.

Among other things, inspectors found excessive amounts of flammable liquids, and workers who lacked the required lab coats and other required safety gear, such as rubber gloves and eye protection.

Some of the fixes were made immediately, Harran later told colleagues in e-mails, but others were delayed because the lab was in the process of moving to another floor and was to have been reinspected afterward.

A campus safety official agreed to the delayed reinspection, according to UCLA records reviewed by The Times.

In a statement Monday, Harran said that he and his students "deeply mourn the death of our friend Sheri Sangji," describing her as exceptionally gifted.

He also said that although it is important to develop a culture of lab safety, the inspection and training records that have garnered scrutiny since Sangji's death had little relation to the accident.

"Sheri was an experienced chemist and published researcher who exuded confidence and had performed this experiment before in my lab," he said.

"However, it seems evident, based on mistakes investigators tell us were made that day, I underestimated her understanding of the care necessary when working with such materials."

kim.christensen@latimes.com


UC Regents strike plea deal in chemistry lab death at UCLA
Kim Christensen
LA Times
July 27, 2012

UCLA chemistry professor Patrick Harran with attorney Thomas O'Brien in Los Angeles Superior Court Friday.

Felony charges against the University of California Regents stemming from the 2009 death of UCLA research assistant Sheharbano “Sheri” Sangji were dropped Friday in return for a pledge of comprehensive safety measures and the endowment of a $500,000 scholarship in her name.

“The Regents acknowledge and accept responsibility for the conditions under which the laboratory operated on December 29, 2008,” the agreement read in part, referring to the date that Sangji, 23, suffered fatal burns.

She was transferring about 1.8 ounces of t-butyl lithium from one sealed container to another when a plastic syringe came apart in her hands, spewing a chemical compound that ignites when exposed to air. The synthetic sweater she wore caught fire and melted onto her skin. She died 18 days later.

From the outset, UCLA and chemistry professor Patrick Harran, who is still charged in the case, have cast her death as a tragic accident and said she was a seasoned chemist who was trained in the experiment and chose not to wear a protective lab coat.

In late December, however, the Los Angeles County district attorney’s office charged Harran and the UC Regents with three counts each of willfully violating occupational health and safety standards.

Friday’s agreement, announced at a hearing in Los Angeles County Superior Court, does not affect Harran’s charges. University of California officials said Friday they stood by him and would continue to pay his legal expenses.

Harran was to be arraigned Friday, but that was postponed until Sept. 5 to allow the judge to weigh defense motions, including one this week that alleges the state’s chief investigator on the case... committed murder as a teenager.

Baudendistel, a senior special investigator for the California Division of Occupational Safety and Health, has denied that he is the person of the same name who pleaded no contest to first degree murder when he was 16.

But Harran’s lawyers said in court papers this week that the district attorney’s office had matched [the inspector’s fingerprints to the killer’s and that the two share the same birth date. Prosecutors have declined to comment on the allegation or the defense’s motion to quash Harran’s arrest because of it.

The motion contends that the Cal-OSHA investigator is the same [person] who, in January 1985 with two accomplices, lured Michael Myer from a bar in the Northern California town of El Dorado to a remote area to rob him of $3,000 worth of methamphetamine. As he rolled up on his motorcycle, Myer, 26, was killed by a shotgun blast. Another teenager admitted to being the shooter, but said Baudendistel had supplied the weapon.

Wednesday, April 16, 2014

Ex-city manager of Bell, California gets 12 years for corruption


Robert Rizzo

Ex-Calif. city manager gets 12 years for corruption
Michael Winter
USA TODAY
April 16, 2014

An astonishing case of small-city corruption ended Wednesday as the longtime administrator of Bell, Calif., was sentenced to 12 years in state prison for paying elected officials lavish salaries and using the public coffers as a piggy bank for himself and other employees.

"Power corrupts, and absolute power corrupts absolutely," Los Angeles County Superior Court Judge Kathleen Kennedy said in sentencing Robert Rizzo and ordering him to pay $8.8 million in restitution. "That is the theme of what happened in Bell. There were no checks and balances to control Mr. Rizzo and those that were in power in the city."

On Monday, a U.S. judge sentenced Rizzo to 33 months in federal prison for income tax evasion. His state and federal terms will run concurrently, and he must surrender to U.S. authorities May 30 to begin his incarceration.

Rizzo managed the working-class city for 18 years before the graft was uncovered in 2010. Though nearly 25% of Bell's 36,000 residents live below the poverty line, Rizzo's pay and benefits totaled $1.5 million a year. Kennedy called his salary and those of council members and other officials "absolutely ridiculous."

"Nobody wanted to upset the apple cart because they were paid so well," she said, describing him as "a godfather of sorts."

The pay packages were part of a larger scandal. A state audit found that Bell had illegally raised property taxes, business-license fees and other sources of revenue to pay the officials' extravagance. By the time it was uncovered, auditors said, the graft had cost the city more than $5.5 million and pushed to the brink of bankruptcy.

At the time of his arrest,, Rizzo was the highest paid city official in California -- and possibly the nation -- and would have been the state's top earning public pensioner had he retired.

Before learning his fate Wednesday, he spoke publicly for the first time since the scandal broke.

"I'm very, very sorry for that. I apologize for that," he said in a soft voice. "If I could go back and make changes, I would. I've done it a million times in my mind."

In an interview with the Los Angeles Times as he walked to his car after his sentencing, Rizzo said he "should have realized the salaries were way out of whack and taken steps to bring them back in line, but it just got away from me."

"There's not much I could do after a period of time," he said.

Under a deal with prosecutors, five former City Council members pleaded no contest to misappropriating city funds, and Kennedy will begin sentencing them in June. Punishments range from probation to four years in prison, and all must make restitution and never again seek public office.

One council member, a preacher, was acquitted.

Last week, Rizzo's deputy, Angela Spaccia, was sentenced to 11 years and eight months in state prison for misappropriating public funds by giving herself enormous raises. When a jury found her guilty in December, her salary was $564,000.

On the witness stand, Spaccia acknowledged that she felt she was earning too much when her salary passed $340,000, but argued that it was not criminal.

Saturday, October 12, 2013

South Bay judge upholds majority of indictments in pay-to-play

See all posts on South Bay indictments.

South Bay judge upholds majority of indictments in pay-to-play
New charges were dismissed in three South Bay school districts' alleged pay-to-play charges--the bulk still hold
By Susan Luzzaro
San Diego Reader
October 10, 2013

Twenty-two charges were dropped for defendants in a South Bay corruption case during hearings held on October 8 and 9. Twenty charges were dropped by the people, as represented by Deputy District Attorney Leon Schorr, in a pre-trial paring of 232 indictments handed down by the Grand Jury in January 2013.

The case initially became public when high-ranking school officials, trustees, contractors, and a bond salesman linked to South Bay school districts, had their homes or offices raided by the DA's office in 2011. By December 2012, as a result of a broadening investigation, the Grand Jury charged 15 defendants with charges which included perjury, bribery and filing a false statement.

Most charges relate to alleged pay-to-play activity which involved Sweetwater Union High School District's Proposition O for $644 million and Southwestern College's Proposition R for $389 million.

On Tuesday and Wednesday, Judge Ana Espana listened to the defendants' attorneys' arguments for additional dismissals; however, in the majority of cases she remained unconvinced.

After the October 9 hearing Schorr commented, "We are very pleased with the outcome of the hearings. Judge Espana's rulings confirm the hard work of the grand jurors and their desire to hold these defendants accountable for their actions."

Two additional charges were dropped for Sweetwater trustee Pearl Quinones following arguments presented by her attorney Marco Carlos, one perjury count and one count for filing a false instrument.

In an October 9 interview Carlos said the charges were dropped because of insufficient evidence. Carlos feels confident that when his defendant comes before a jury, the jury will understand "that my client was doing what every other elected officials does."

Carlos also believes that the former program manager for both Sweetwater's and Southwestern's bond construction, Henry Amigable, who has provided a lot of the testimony on which the charges are based, will prove to be "a weak witness."

Carlos said, "Amigable's memory is horrible, and on direct testimony before 8 or 9 experienced lawyers he will not be able to stand up."

That all politicians do this kind of wining and dining seemed to be a common argument presented by several attorneys.

Paul Pfingst, attorney for former Sweetwater superintendent Jesus Gandara, took issue with the much-publicized lobster dinner that Gandara received--paid for by Amigable. (The lobster was flown in for the occasion and described as "still kicking.")

Pfingst argued that there were no business discussions at the meal and that it was a social occasion and should not be considered bribery.

Schorr countered that the $1,383 dinner at Bacis, which was also attended by Sweetwater's former trustee Greg Sandoval and current trustee Arlie Ricasa, was intentionally lavish to demonstrate "this is how we will take care of you if we are selected."

Schorr also noted that this meal and many others were not disclosed on Gandara's 700 conflict-of-interest form.

Espana did not dismiss the bribery charge. She said that the meal appeared in the context of other meals or events that happened prior to Sweetwater trustees selecting Amigable and his company.

The lobster dinner in question took place in March 2007. The company which Amigable worked for at that time, Gilbane, along with Seville Group Inc. were selected to manage Sweetwater's Proposition O in April 2007. R

Friday, September 13, 2013

Elementary School Principal Arrested for Gun, Drug Possession

Elementary School Principal Arrested for Gun, Drug Possession
The Lee Elementary School principal has been placed on administrative leave.
Khari Johnson (Editor)
September 11, 2013
Patch

Lee Elementary School Principal Rachel Yolanda Escobedo of La Mesa was arrested in the Rolando Park area on Saturday for possession of a stolen gun and drugs, according to San Diego police.

The principal of Lee Elementary School in Paradise Hills was placed on leave following her weekend arrest on suspicion of possessing illegal drugs and a stolen gun, authorities reported Wednesday.

Rachel Yolanda Escobedo of La Mesa was arrested in the Rolando Park area on Saturday, according to San Diego police. Popular Stories

Shortly before 8:30 that evening, an officer responding to a report of a suspicious vehicle in the 6800 block of Missy Court found Escobedo sitting in her parked 1993 Honda Accord with a 60-year-old man, SDPD public-affairs Lt. Kevin Mayer said.

The patrolman spotted an open vodka bottle inside the vehicle and a small amount of what turned out to be marijuana in an ashtray, the lieutenant said.

After getting permission to search the car from Escobedo, who was in the driver's seat, the officer allegedly found a loaded .22-caliber pistol in the trunk, along with about two dozen prescription pills that appeared to be hydrocodone and four small baggies containing a white crystalline powder, Mayer said.

The apparent drugs were submitted for lab testing to positively identify them, he said, adding that a computer check showed that the handgun had been reported stolen.

Escobedo, 45, was taken into custody without incident on suspicion of illegally possessing a loaded firearm and controlled substances. Her companion, whose relationship to her was unclear, was released.

The educator posted $25,000 bail the next day and was given a Sept. 17 arraignment date.

Escobedo worked her usual shift on Monday, as her supervisors had yet to learn of her arrest, said Jack Brandais, spokesman for San Diego Unified School District. She was suspended Tuesday pending the outcome of the criminal case.

Retired SDUSD principal Judy Fogel agreed to fill in for Escobedo on a temporary basis, Brandais said.

–City News Service

Tuesday, May 28, 2013

This judge committed a lesser offense than judges who intentionally subvert court cases, but she's going to jail for a year

Judge Hathaway did not subvert justice for citizens who appeared in her courtroom. Instead, she concealed assets in a private mortgage deal that had nothing to do with her decisions in the courtroom.

I believe her crime is far less harmful to the public, yet she is going to jail for a year. Meanwhile, judges who undermine the legal system are protected by the powerful lawyers for whom they do favors, by the culture of professional courtesy that controls the legal profession.

When will our legal system start punishing its officers for intentionally subverting the law?

Former Michigan Supreme Court Justice Diane Hathaway gets year in prison for bank fraud
Khalil AlHajal
M Live
on May 28, 2013

ANN ARBOR, MI -- U.S. District Judge John Corbett O'Meara sentenced former Michigan Supreme Court Justice Diane Hathaway to one year and one day in prison followed by two years of supervised release for bank fraud Tuesday.

Hathaway pleaded guilty in January to hiding assets in order to convince ING Bank to agree to the short sale of her Grosse Pointe Park home, which allowed her to shed some $600,000 in underwater mortgage debt.

O'Meara appeared pained as he handed out the sentence, issuing it after a long pause and after extended praise of the arguments presented by both the defense and prosecution.

"This is hard," he said. "We're talking about a defendant that has accomplished a great deal in her lifetime and has done well and who I hope will be able to accomplish more... after all this is over."

Hathaway addressed the court in a shaky voice before O'Meara named the sentence, saying she has been ashamed, humiliated and disgraced over the crime.

"I stand before you a broken person," she said. "...I take full responsibility for my actions."

Hathaway was also ordered to pay restitution in the amount of $90,000, estimated to be the amount ING Bank lost in the scheme.

Her lawyer Steven Fishman in trying to convince O'Meara not to order prison time said Hathaway intended to pay the entire amount today.

"You'll be done with this and you'll be out being a valuable and successful citizen of this country very soon," O'Meara said.

Thursday, May 16, 2013

Reward Offered After Racist Graffiti Targets Black Students at Agoura High Schoo

See also Calabasas student football discrimination.

Reward Offered After Racist Graffiti Targets Black Students at Agoura High School
Racist graffiti targeting black students was found on buildings on Sunday and Wednesday
By Toni Guinyard and Jason Kandel
NBC 4
May 16, 2013

Reward Offered for Hate Crime at Agoura High School

Los Angeles County Sheriff's detectives were investigating who scrawled racist graffiti targeting black students at Agoura High School, found on Sunday, May 12, 2013 and Wednesday, May 15, 2013.

Two cases of racially charged graffiti are being investigated as a hate crime, officials said.

Los Angeles County Sheriff’s deputies were reviewing surveillance footage and providing extra patrols around Agoura High School where officials found racist graffiti against black students on Sunday and Wednesday.

The scrawls were first discovered on Sunday on several buildings of the campus. Some parents said they were not initially notified about the graffiti that was quickly painted over.

But on Wednesday, school officials found more graffiti on the boys' bathroom that named names and threatened specific students.

“My son’s name showed up on the list,” said Astrid Kastenberg, who received several text messages and calls about the Wednesday incident. "These are the next n------ to die."

School officials said sheriff's detectives told them not to notify parents about the graffiti found on Sunday.

Parent Dorna Hill said she was notified on Wednesday, but she was still uneasy even though officials said they didn't believe students were in danger.

Members of the hate crime unit of the sheriff's department met with parents of students who appeared to be targeted and class was in session as usual on Thursday.

School officials said a $1,000 reward was being offered for information leading to the arrest and conviction of the person or people responsible.

Just over 1 percent of the 2,180 students at the school are African American, according to state enrollment data from 2012, the latest statistics available.