ATTORNEY GENERAL: TRUMP SENT FALSE INFORMATION ABOUT CALIFORNIA MAIL-IN BALLOTS TO VOTERS 1.9K
Total Views: 30 By Miriam Raftery September 17, 2020 (Sacramento) – California Attorney General Xavier Becerra warns that voters in California have been sent a mailer by the Trump administration stating that mail-in ballots must “be requested” and that voters must “add postage to the return envelope if needed.” Both statements are false. “Both statements could lead to voter confusion. In California, mail-in ballots will be sent automatically to registered voters starting October 5th — and postage is not needed to return your ballot in our state,” Attorney General Becerra says. This week, Becerra referenced the misleading mailer in California’s latest legal argument in a lawsuit that aims to protect the U.S. postal service from efforts by the Trump administration to slash services and slow down mail delivery for consumers. The controversies arose after President Trump appointed Louis DeJoy as postmaster general. DeJoy, who previously worked 25 years for a competitor of the postal service, has faced conflict of interest questions. Since being named to head up the postal service, he has taken various controversial actions that include slowing down mail delivery in some areas, removing many postal sorting machines and mailboxes, and ordering that mail theft outside of post offices not be investigated. DeJoy contends he is merely seeking to cut expenses to balance the agency’s budget, which unlike any other federal agency is required to pay post-retirement healthcare costs of its workers up front, per a 2006 law that set the agency on a path to financial unsustainability. A bill introduced last year to repeal the law failed to win passage due to Republican opposition. His actions have prompted multiple lawsuits and a Congressional investigation in advance of the November election, when hundreds of millions of Americans will be voting by mail due to COVID-19. Sources: CNN, Politico, Institute for Public Policy, Los Angeles Times, and an e-mail from Attorney General Xavier Becerra. See links above for details. Printer-friendly version
1.9K viewsCOUNCILMAN FACES NEW TURMOIL: ATTORNEY GENERAL PROBES CHARITY; WASTE MANAGEMENT WITHDRAWS CORPORATE SUPPORT OF KALASHO’S CHAMBER 22
Total Views: 77 By Paul Kruze Miriam Raftery contributed to this report. September 8, 2017 (El Cajon) – With hurricanes in the headlines this week, El Cajon Councilman Ben Kalasho finds himself in the eye of a storm—or several–yet again. California Attorney General Xavier Becerra has sent Kalasho a letter of inquiry probing the Miss Middle East Beauty Pageant USA” run by Kalasho. The action follows questions raised by ECM with state regulators over the pageant’s nonprofit status. Nonprofits must account for where donations come from, and how funds are spent. The Attorney General’s letter suggests that Kalasho failed to file proper paperwork to receive designation as a non-profit organization for the pageant. The pageant was run for several years under the umbrella of the San Diego-East County Chaldean Chamber of Commerce also founded by Kalasho, but may be subject to ”registration and reporting requirements,” the letter states. The Attorney General demands that Kalasho provide copies of documents including a registration form, bylaws, an Internal Revenue Service determination letter and a copy of the Application of Recognition of exemption within 30 days. The Chamber was briefly incorporated with the California Secretary of State as a nonprofit but in November 2013 the Chamber’s nonprofit status was suspended. The trade group represented Chaldean small businesses in El Cajon before it was suspended by the California Franchise Tax Board last year. Kalasho has previously told ECM that he converted the Chamber to a sole proprietorship, or for-profit venture, so that he could represent himself in court due to litigation. Kalasho has told the San Diego Union-Tribune that he has paid taxes for the chamber using a Schedule C for sole proprietorships. “When we first set up the chamber, we planned on being a non-profit. We never completed that paperwork. We never operated a true nonprofit or completed that filing,” Kalasho further stated, the newspaper reported. East County Magazine reported in June 2017 that the U.S. Patent and Trademark Office issued an order cancelling Kalasho’s trademark for the “San Diego-East County Chaldean American Chamber of Commerce” name. It said that the Kalasho’s trademark caused confusion with the “Chaldean American Chamber of Commerce” organization based in Detroit, which has been using the name since 2001 and recently sued Kalasho because of its use by him. (Although the website for “San Diego-East County Chaldean American Chamber of Commerce” has been removed because of the action, Youtube videos by Kalasho using the disputed name remain online.) Kalasho has since launched a new Middle Eastern Chamber of Commerce which claims to be the “largest ethnic chamber in the world.“ However the U.S. Hispanic Chamber of Commerce claims to represent over 4.2 million Hispanic business owners; other ethnic chambers also tout very large memberships. The State Franchise board says that although the San Diego-East County Chaldean American Chamber was suspended on June 1, 2016 for failing to pay fees, it remained registered on the state’s books at the time of the suspension. That Kalasho had not formally terminated the non-profit could end up as collateral damage (like the damage from Hurricane Harvey) for the El Cajon businesses and individuals who may have claimed membership fees as a tax deduction on their federal tax forms, according to Miranda Fleisher, a University of San Diego law professor who teaches taxation subjects at its School of Law. “That an organization has a tax-exempt status with the state does not mean that it has a tax-exempt status with federal law that gives individuals the ability to take a federal deduction when they make a donation,” Fleisher says. “I’m assuming that they did not receive a 501c3 exemption from the federal government. “ She says that when a non-profit is formed under state law, a group has 27 months to file for a federal tax exemption. Once it has been successfully granted, and most of them are, donations are deemed to be deductible. “If you form a non-profit, you know that you are going to get your tax exemption and you dot your I’s and cross your t’s, and do everything you are supposed to; donors should be able to rely that their contribution is tax deductible,” Fleischer says. “If your application is rejected, the people who made a contribution shouldn’t have been able to take a tax deduction for that year,” she adds. “If they did that, they essentially underpaid their taxes.” Another proviso is if individuals who made contributions itemized their deductions. “That’s a big question, as only one-third of tax filers itemize deductions,” Fleischer notes. Most organizations will openly state on their website and materials that they are a federally certified non-profit organization, she points out, adding that potential charity donors should check whether an organization has this status before they make a contribution. “If you ever make a contribution or donation to an organization that doesn’t say that their contribution is tax deductible as a 501c3 organization you should ask,” Fleischer advises. “…It is a matter of faith that if it is a new organization and they say that they have filed all of their paperwork and that `We have approval from the Secretary of State and we’ve filed our paperwork with the IRS.’” One of the major corporate contributors to Kalasho’s beauty pageant entity, the Chamber, is Texas-based Waste Management, Inc., which operates waste disposal franchises throughout the United States and in the City of El Cajon. It has contributed $2,500 to the Chamber. “Being part of the community is part of the DNA of Waste Management,” says Waste Management’s Sr. Communications Manager, Eloise Orozco. “Like a good and responsible member of the community, we contribute to many organizations so we can effectively reach out to them.” But Waste Management’s reach may have suddenly fallen short when it comes to Kalasho’s charity. Late last week, Waste Management formally informed by letter to Kalasho that it has requested to withdraw as a member of the Middle East Chamber of Commerce, Orozco confirmed to East County Magazine, though she declined to provide
22 viewsA “GRASS” ROOTS INITIATIVE AIMS TO LEGALIZE POT IN CA 2.6K
Total Views: 29 East County News Service July 17, 2015 (Sacramento)—Advocates of a ballot measure that would legalize recreational marijuana use in California announced Thursday that they have amassed an e-mail list of 70,000 supporters for the campaign. Once the initiative is filed with the California Attorney General, ReformCA will work to gather the 365,000 signatures needed to put the measure on a statewide ballot during the November 2016 presidential election. If the measure is approved by voters, California would join Colorado, Oregon and the District of Columbia which have legalized recreational marijuana use. Those in favor contend that pot should be regulated similarly to alcohol with adults allowed to make personal choices regarding use, a move that could reduce prison populations and provide economic stimulus in the state. But opponents cite concerns over drug abuse and potential access by minors, as well as drugged drivers. Though California voters have previously approve medical marijuana, a measure to extend legalization to recreational use went up in smoke in 2010 when voters rejected it. But now 55% of likely voters say that support legalization, according to a poll by Public Policy Institute, the San Jose Mercury News reports. ReformCA has hired Joe Trippi, who gained fame for attracting broad grassroots support for Vermont Governor Howard Dean’s presidential campaign, to mobilize online support and donations for the “grass” roots initiative campaign. Printer-friendly version
2.6K viewsQUECHAN NATION MOURNS ANCESTORS IN OCOTILLO 6.9K
Total Views: 98 By Miriam Raftery January 28, 2014 (Ocotillo) – Tribal members from the Quechan nation traveled by caravan to Ocotillo on January 17 and 18 to mourn the desecration of their ancestors’ burial grounds by the Ocotillo Express Wind Farm. Tribal members met at the Ocotillo Community Center and staged a run carrying a banner reading “We want respect for our ancestors’ remains” to the wind site, where they held an all-night mourning ceremony for their ancestors. Pattern Energy’s industrial wind facility was built atop lands known as “Valley of the Dead” by Native American tribes for over 10,000 years. The Viejas Band of Kumeyaay Indians also objected to the desecration of ancestral remains and persuaded the California Native American Heritage Commission (NAHC) that the state should take action on their behalf, but those efforts were thwarted by California Attorney General Kamala Harris. Testimony at an NAHC hearing in San Diego revealed that some ancient remains were actually removed from the site and stored at a distant location, while others remain at the wind project site. Forensic dogs brought in by Native Americans and trained to find ancient remains alerted at over 50 locations at the wind project, yet construction was allowed to proceed. The NAHC ruled in Viejas’ favor and declared the site a sanctified Native American cemetery. Further, the NAHC asked California’s Attorney General to allow the NAHC to pursue legal action against the federal government for approving the energy project on Bureau of Land Management public land where tribal burial sites, artifacts and other cultural resources were supposed to be protected. However Attorney General Harris informed that NAHC that it does not have jurisdiction to sue a federal agency over a project on federal lands. Harris further advised the NAHC that her office would no longer represent the NAHC on the Ocotillo matter due to a conflict of interest, according to a letter sent by the NAHC to Viejas Chairman Anthony Pico. The nature of that conflict was not disclosed. Printer-friendly version
6.9K viewsATTORNEY GENERAL’S RACE FLIPS OVERNIGHT: HARRIS NOW LEADS 11.6K
Total Views: 19 East County News Service November 3, 2010 (San Diego’s East County) – At daybreak, Democrat Kamala Harris has regained a narrow lead over Republican Steve Cooley in the California attorney general race. Cooley declared victory last night, but canceled a press conference today after learning that overnight, Harris took the lead at 46.1% to 45.6%. Fewer than 38,000 votes separate the two candidates and thousands of provisional and late absentee ballots remain uncounted. If Harris wins, she will become the first African American and the first woman to serve as the state’s attorney general. She would also give Democrats a complete sweep of all statewide offices—including three currently held by Republicans (governor, lieutenant governor, and insurance commissioner.) Printer-friendly version
11.6K viewsATTORNEY GENERAL CANDIDATE KAMALA HARRIS, IN SAN DIEGO, PLEDGES TO FIX BROKEN CRIMINAL JUSTICE SYSTEM 7.4K
Total Views: 56 By Emily Anderson October 13, 2010 (San Diego) – Attorney General candidate Kamala Harris, speaking at the Democratic headquarters in Clairemont yesterday, pledged to help fix "our broken criminal justice system" if elected. Harris, who is part African American and part Asian, would be the first woman and first African American to hold the state attorney general office position if she wins. Shortly after her appearance in San Diego, Harris won a powerful endorsement from President Barack Obama, who called her a “strong voice for Californians.” The President noted that, as San Francisco’s District Attorney, Harris launched early intervention programs to reduce the cycle of repeat offenders, created a child sexual assault unit and environmental justice unit. “She prioritized the prosecution of financial predators, processing over 450 consumer complaints in 2009 and forming the state’s first stand-alone Mortgage and Investment Fraud Unit,” the President added. “Now she’s running to be California’s attorney general, and I am proud to stand by her. She is someone who understands the needs of all Americans, and I need allies like that fighting for change across the country.” Harris told San Diego supporters that she became an attorney to help in the fight for justice. “I grew up surrounded by adults who (went) full time marching and shouting about this thing we call justice,” she said, naming Thurgood Marshall, Charles Hamilton Houston and Constance Motley as lawyers she considers heroes. “They were those individuals who were using the skills of this great profession to translate the passion from the streets to the courtrooms of our country. They reminded folks … of that promise we articulated in 1776, that we are all and should be treated as equals.” She noted that her Republican opponent, Steve Cooley, supports Proposition 8, while she does not. Harris said she considers the measure unconstitutional and therefore too costly to defend. Regarding her stance on justice and fixing California’s broken system, she said that rather than assuming Democrats are soft on crime and that Republicans are tough on crime, we as a state need to think instead of how to be smart on crime. For example, she created the Back on Track initiative which helped 18 -24-year-olds who were first time, non-violent drug user offenders become productive adults. She said that this age group is a big population of people who are arrested who clog the system, while making it costly to keep them incarcerated. She noted that young adults in college are thought of as kids because it is the time of life in which schools help shape the future of these adults. Regarding the criminal justice system, she said that first time non-violent drug users who are 18 to 24-year-olds are considered adults who haven’t had guidance. Her Back on Track initiative, she said, was so successful that the U.S. Department of Justice told law enforcement agencies across the U.S. to implement steps to help this segment of the population get back on track. She said within a five year period, the re-offend rate dropped from 54 percent to less than 10 percent. First, she worked to have them receive GEDs and then they enrolled in community colleges to learn apprenticeship skills, such as how to become plumbers or carpenters. She said that although these first time, non-violent drug user offenders are mostly parents and have the natural desire to parent their children, they didn’t necessarily have life skills to be a productive adult. Aside from the Back on Track initiative, she also noted that about 120,000 California prisoners are released each year, but within three years of their release, 70 percent of them re-offend. The said California has the highest recidivism rate in the country, which is why she sees the justice system as broken. This re-offend rate is bad because not only does this equal a broken justice system, it means that it costs California between $10 billion and $25 billion. Secondly, it costs citizens our public safety. “There must be leadership in this state in what we have always known we are and can do, which is leadership around innovation, which is understanding that we don’t have to be burdened by defining success in a job based on blind adherence to tradition,” she said, referring to the fact that if elected as attorneys general, she won’t fall into tradition; she will fix the justice system. East County Magazine asked Hale her views on whether drivers in fatality accidents should be required to undergo mandatory blood draws to test for alcohol and drugs, a law that has been proposed by family members of Bridgett Hale, a Ramona mother killed by a wrong-way driver on Highway 67. The driver was charged only with a misdemeanor because CHP did not order a blood test. The proposed law is supposed by Mothers Against Drunk Drivers. Harris said she was not familiar with the case, but added that is it possible she could support blood draws to be mandatory law that CHP officials must follow in the future. If blood had been drawn and confirmed that the driver in Hale’s case was under the influence, he could have faced felony charges and a substantially longer jail terms. “I’ve … talked with many juries about what our justice demands and dictates, that there will be serious and swift and sever accountability when one human being kills another human being, or when a woman is raped or a child is molested,” she said. “I have done that unfortunate work of having to stand in front of juries … to talk about why in a civil and just society there will be severe consequences when one human being harms another human being.” Harris looked poised as she spoke on criminal justice issues as well as the importance of health care, protecting the environment, and electing Democrats at all levels. She noted that when President Obama was elected, his supporters elected a leader who
7.4K viewsCA ATTORNEY GENERAL JERRY BROWN SUES PADRE DAM TO PROTECT SACRED NATIVE AMERICAN SITE 8.4K
Total Views: 42 East County News Service June 24, 2010 (Santee) – California Attorney General Edmund G. “Jerry” Brown today filed a lawsuit on behalf of the California Native American Heritage Commission against Padre Dam Municipal Water District and its board of directors. The suit seeks a permanent injunction on construction of a proposed pump station, 2.5 million gallon reservoir, flow control facility and pipelines near Lake Jennings. The lawsuit, filed in the Superior Court of California, San Diego central division, concludes that construction of the Padre Dam project, as approved by the District, would violate state law by causing severe or irreparable damage to a Native American sanctified cemetery or ceremonial site. Over a dozen bone fragments from cremated Native Americans have been identified at the site, along with hundreds of other charred bone fragments that have not yet been identified. The area also has one of the largest concentration of pottery sherds of any identified site in San Diego County. The suit states that “the District’s own data recovery report acknowledges that the direct impacts from the construction of the project, as approved, will `effectively result in total destruction of the prehistoric archaeological site.’” Padre Dam halted construction on the site only yesterday, after receiving a warning from the Attorney General prior to today’s lawsuit filing that its actions were in defiance of the state Native American Heritage Commission’s request to halt construction. The site is on approximately 2.5 acres south of I-8 at Lake Jennings Park Road east of San Diego in the community of Lakeside. The Viejas Band of Kumeyaay Indians today commended the California Attorney General’s office for filing a lawsuit against the Padre Dam Municipal Water District to halt desecration of the Native American burial and ceremonial ground in San Diego County. The lawsuit against the water district was filed this morning in San Diego Superior Court after the District continued construction at the site despite a June 17 ruling by the California Native American Heritage Commission declaring the entire site a sanctified Native American cemetery and ceremonial ground, calling on the District to halt further desecration and work with the Viejas Band of Kumeyaay Indians to find an alternative location for the project. For more information on this issue, see our previous coverage: Padre Dam halts construction, agrees to postpone court hearing on water project: http://www.eastcountymagazine.org/node/3615 CA Attorney General’s office threatens lawsuit against Padre Dam after water district defies Native American Heritage Commission, continues construction at site deemed sacred: http://www.eastcountymagazine.org/node/3610 Native American Heritage Commission rules in favor of Viejas: http://www.eastcountymagazine.org/node/3579 Printer-friendly version
8.4K viewsA,G. ENCOURAGES DONATIONS TO HAITIAN RELIEF & OFFERS TIPS TO AVOID SCAMS 3.1K
Total Views: 51 A.G. Office Has Searchable Database of Registered Charities January 14, 2010 (Oakland) – Attorney General Edmund G. "Jerry" Brown Jr. today is encouraging Californians to make charitable donations for victims of the devastating earthquake in Haiti, but warns citizens to avoid "scam artists" who may prey on the goodwill of California donors. "After every tragedy, a wave of scam artists take advantage of generous individuals who want to help the victims of a tragedy," Brown said. "It’s important to thoroughly research charitable organizations before you write a check." The Attorney General’s Office regulates charities and professional fundraisers in order to prevent the misapplication of charitable donations made by Californians. Brown offers the following tips on how to give wisely in order to assure that donations will be used for the intended purpose: 1. Carefully review disaster-relief appeals before giving. In times of disaster, many "sound-alike" organizations and sham operations solicit donations. 2. Know the charity before you donate. Review the charity’s website and written material to assure the program is one you want to support. Check the organization’s financial filings to see how it spends its assets, how long it has been operating and what program services it offers. 3. Make sure the charity is registered in the Attorney General’s Registry of Charitable Trusts. Registration does not guarantee that a charity is effective, but it is an important indicator. A searchable database is available at http://ag.ca.gov/charities.php. 4. Beware of organizations that don’t have a track record. Only give to established charities, not organizations that seem to spring up overnight. Again, check the Registry database to confirm this information. 5. Take action on your own rather than responding to solicitations. Seek out known organizations and give directly, either by calling the organization, using the organization’s official web site, or mailing a check to the address listed on the organization’s website. 6. Listen closely to the name of the group and beware of "copycat" names that sound like reputable charities. 7. Avoid donating through email solicitations. Clicking on an email may lead you to a website that looks authentic, but is established by identity thieves seeking to obtain money or personal information. 8. Do not give cash. Write checks to the charitable organization, not a solicitor. 9. Do not be pressured into giving. Even in times of emergency, reputable organizations do not expect you to contribute immediately if you are unfamiliar with their services. Be wary of appeals that are long on emotion, but short on details about how the charity will help disaster victims. 10. If you are contacted by a solicitor, ask what percentage of your donations will be used for charitable activities that help victims and how much will be used to pay for administrative and fundraising costs. State law requires solicitors to provide such information if requested by donors. Be wary of fundraisers who balk at answering. 11. Find out what the charity intends to do with any excess contributions remaining after victims’ needs are met. 12. There are many forms of giving. Alternative forms of giving include charitable gift annuities, in-kind contributions, and endowments. For additional tips on charitable giving, go to http://ag.ca.gov/charities/charit_giving.php. Information on national charities is available from the Better Business Bureau’s Wise Giving Alliance at 800-575-4483 or www.give.org. Californians who believe they or others have been victimized by fraudulent charitable solicitation can file a complaint online with the Attorney General’s Registrar of Charitable Trusts at http://ag.ca.gov/charities.php Printer-friendly version
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