SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO NORTH COUNTY DIVISION

Transcription

1 SUPERIOR COURT OF CALIFORNIA, Y OF SAN DIEGO NORTH Y DIVISION THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, v. RAMIL ABALKHAD, dob 08/23/63; NELLIE CHA NOLAND, dob 06/27/80; CT No. CN DA No. OBZ689 COMPLAINT-FELONY INFORMATION CARLOS OMAR TORRES, dob 04/25/70; Defendants Date: Defendant PC296 DNA TEST STATUS SUMMARY DNA Testing Requirements DNA sample required upon conviction DNA sample required upon conviction DNA sample required upon conviction CHARGE SUMMARY Count Charge Issue Type Sentence Range 1 PC182(a)(1) Felony Check Code 2 PC530.5(a) Felony /$10,000 3 PC530.5(a) Felony /$10,000 Special Allegations Allegation Effect Page 1 of 11, Court Case No. CN341467

2 CHARGE SUMMARY (cont'd) Count Charge Issue Type Sentence Range 3 PC530.5(a) Felony /$10,000 4 PC530.5(a) Felony /$10,000 5 PC530.5(a) Felony /$10,000 6 PC530.5(a) Felony /$10,000 7 PC530.5(a) Felony /$10,000 8 PC530.5(a) Felony /$10,000 9 PC530.5(a) Felony /$10, PC530.5(a) Felony /$10,000 Special Allegations Allegation Effect Page 2 of 11, Court Case No. CN341467

3 CHARGE SUMMARY (cont'd) Count Charge Issue Type Sentence Range 11 PC530.5(a) Felony /$10, PC530.5(a) Felony PC530.5(a) Felony /$10, PC530.5(a) Felony /$10, PC530.5(a) Felony /$10,000 Special Allegations Allegation Effect PC INFORMAL REQUEST FOR DISCOVERY The undersigned, certifying upon information and belief, complains that in the County of San Diego, State of California, the Defendant(s) did commit the following crime(s): CHARGES 1 - CONSPIRACY TO COMMIT A CRIME On or about and between June 1, 2011 and February 1, 2012, RAMIL ABALKHAD, NELLIE CHA NOLAND, and CARLOS OMAR TORRES did unlawfully conspire together and with another person and persons whose identity is unknown to commit the crime of ID THEFT, in violation of PENAL CODE SECTION 182(a)(1). Page 3 of 11, Court Case No. CN341467

4 CHARGES (cont'd) Thereafter, in the County of San Diego, State of California, pursuant to the above conspiracy and in furtherance of the objects thereof: Overt Act No. 1: On or about and between June 1, 2011 to February 1, 2012, RANDY ABALKHAD owned and operated ROMANO S JEWELERS located at 2525 Camino Real, #167, Carlsbad, California. Overt Act No. 2: On or about and between November 1, 2010 and December 12, 2011, RANDY ABALKHAD employed NELLIE NOLAND at ROMANO S JEWELERS. Overt Act No. 3: On or about and between October 1, 2010, and December 12, 2011, RANDY ABLAKHAD directed NELLIE NOLAND to obtain Social Security Numbers from active duty military members who were customers of ROMANO S JEWELERS. Overt Act No. 4: On or about and between October 1, 2010, and December 12, 2011, RANDY ABLAKHAD directed NELLIE NOLAND to obtain Defense Finance Accounting Service MyPay account passwords from active duty military members who were customers of ROMANO S JEWELERS. Overt Act No. 5: On or about and between June 14, 2011 and November 30, 2011, RANDY ABLAKHAD directed NELLIE NOLAND to request KYMANI TATE to reset Defense Finance Accounting Service (DFAS) MyPay account passwords on the accounts of active duty military members who were customers of ROMANO S JEWELERS. Overt Act. No. 6: On or about June 14, 2011, NELLIE NOLAND ed KYMANI TATE to contact her about his ROMANO S JEWELERS account. Overt Act No. 7: On or about October 2011, RANDY ABALKHAD told NELLIE NOLAND that she would be paid $10 for each MyPay account password she was able to reset. Overt Act No. 8: On or about October 6, 2011, NELLIE NOLAND ed KYMANI TATE and offered to pay TATE $25 to reset MyPay account passwords on the accounts of active duty military members who were customers of ROMANO S JEWELERS. Overt Act No. 9: On or about October 13, 2011, NELLIE NOLAND ed KYMANI TATE and requested TATE to reset ten (10) MyPay account passwords in exchange for money and credit on TATE s ROMANO S JEWELERS account. Overt Act No. 10: On or about October 13, 2011, KYMANI TATE agreed to reset the MyPay passwords. Overt Act No. 11: On or about October 13, 2011, NELLIE NOLAND ed KYMANI TATE twelve (12) Social Security Numbers which corresponded to active duty service member s MyPay accounts. Page 4 of 11, Court Case No. CN341467

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8 CHARGES (cont'd) 4 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between October 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 5 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between October 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 6 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between October 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 7 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between October 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 8 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between October 5, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA Page 8 of 11, Court Case No. CN341467

9 CHARGES (cont'd) 9 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between October 15, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 10 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between November 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 11 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between November 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 12 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between December 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 13 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between November 1, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA Page 9 of 11, Court Case No. CN341467

10 CHARGES (cont'd) 14 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between November 30, 2011 and December 12, 2011, RAMIL ABALKHAD, NELLIE CHA 15 - USE PERSONAL IDENTIFYING INFORMATION OF ANOTHER On or about and between November 1, 2011 and February 12, 2012, RAMIL ABALKHAD, did willfully and unlawfully obtain personal identifying information of another person, and use that information for an unlawful purpose, to wit: TO COMMIT THEFT, in violation of NOTICE: Any defendant named on this complaint who is on criminal probation in San Diego County is, by receiving this complaint, on notice that the evidence presented to the court at the preliminary hearing on this complaint is presented for a dual purpose: the People are seeking a holding order on the charges pursuant to Penal Code Section 872 and simultaneously, the People are seeking a revocation of the defendant's probation, on any and all such probation grants, utilizing the same evidence, at the preliminary hearing. Defenses to either or both procedures should be considered and presented as appropriate at the preliminary hearing. NOTICE: Any defendant named on this complaint who is on Mandatory Supervision in San Diego County is, by receiving this complaint, on notice that the evidence presented to the court at the preliminary hearing on this complaint is presented for a dual purpose: the People are seeking a holding order on the charges pursuant to Penal Code Section 872 and simultaneously, the People are seeking a revocation of the defendant s Mandatory Supervision pursuant to Penal Code Sections 1170(h)(5)(B) and , on any and all such grants, utilizing the same evidence, at the preliminary hearing. Defense to either or both procedures should be considered and presented as appropriate at the preliminary hearing. Pursuant to PENAL CODE SECTION (b), the People are hereby informally requesting that defendant's counsel provide discovery to the People as required by PENAL CODE SECTION Sheriff s records indicate that as of the booking date one or more defendants have not yet provided a DNA sample to the DOJ database. Pursuant to Penal Code Section 296(e), the court shall order collection of DNA from the defendant(s) if advised by the prosecuting attorney that a sample is required but has not been provided by the defendant. Pursuant to Penal Code sections 296/296.1, if not already required from a past conviction, any defendants who have not done so will be required to provide a sample upon conviction of this felony offense. Page 10 of 11, Court Case No. CN341467

11 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT, CASE NUMBER CN341467, CONSISTS OF 15 S. Executed at City of Vista, County of San Diego, State of California, on March 11, COMPLAINANT INFORMATION Date BONNIE M. DUMANIS District Attorney County of San Diego State of California by: Deputy District Attorney Page 11 of 11, Court Case No. CN341467