Understanding the California Penal Code likely to be applicable in the ASA case

My analysis from the sideline

What occurred or reported to have occurred at ASA

1. It (ASA) failed to deliver flight training to its students as per the agreement
2. It failed to refund the unused tuition to the students when requested.
3. It operated in violation of numerous Federal, State and local regulations.
4. They (Prince & Reny; owners) lacked moral, professional and business fitness to run a fight school.
5. They defrauded students.
6. They defrauded local merchants.
7. They defrauded local governments
8. They defrauded federal government
9. They endangered the health and welfare of the students and their parents home.

Applicable California State Penal Code
□§154 Debtor fraudulently removing, conveying, or concealing property;

Every debtor who fraudulently removes his property or effects out of this state, or fraudulently sells, conveys, assigns or conceals his property with intent to defraud, hinder or delay his creditors of their rights,
claims or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not more than one thousand dollars ($1,000), or by both; provided, however, that where the property so removed or sold or conveyed, or assigned or concealed, consists of a stock in trade or a part thereof, of a value exceeding one hundred dollars, the offense shall be a felony and punishable as such.

□§155 Defendant or judgment debtor fraudulently removing, concealing, or disposing of personal
property sought to be recovered.

Every person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of such property, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or with such intent the time of the commencement of such action or the rendering of such judgment, is punishable as provide in the proceeding section.

□§476a. Checks, drafts or orders on banks; insufficient funds; intent to defraud; punishment

Any person who willfully, with intent to defraud, makes or draws or utters or delivers any check, draft or order upon any bank or depositary, or person, or firm, or corporation, for the payment of money, knowing at the time of such making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with said bank or depositary for the payment of such check upon such funds then outstanding, in
Full upon its presentation is punishable by imprisonment in the county jail for not more than one year, or in the state prison.

□§484b. Diversion of funds received to obtain or pay for services, labor, materials or equipment

Any person who receives money for the purpose of obtaining services and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense and shall be punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the state prison, or in the county jail not exceeding one year, or by both such fine and such imprisonment.

□§532 False pretenses; obtaining money, labor, or property; punishment

Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained.

□§537 Defrauding innkeepers, etc.

Any person who obtains any accommodations at apartment house, without paying therefore, with intent to defraud the proprietor or manager thereof, is guilty of a public offense punishable by imprisonment in the county jail for a term not more than one year, or in the state prison.

Now those are just few of the state penal codes that I came up with for the moment and by doing a little research on my own (I can’t afford a $250/hr lawyer for reading the same law books).

I haven ‘t touched in the areas of possible Federal statutes violation yet, here’re some of the applicable codes under the Title 18 of USC –Crimes and Criminal Procedures that could well apply to the ASA case on the Federal offense side for the feds to pursue.

□§31 Aircraft and Motor Vehicles
□§241 Civil Rights
□§371 Conspiracy
□§641 Embezzlement and Theft
□§1001 Fraud and False Statements
□§1231 Labor
□§1341 Mail Fraud
□§1421 Nationality and Citizenship
□§1821 Professions and Occupations
□§1951 Racketeering
□§2071 Records and Reports

You want me to go on?……yah thought so.

Most of the above offenses if not all are felony offences each carrying one or more years of imprisonment if convicted. In the ASA case, if the DA is successful in achieving even one criminal conviction, that will land over 100 years in jail time for those convicted. (each one count x number of victims/students and you get the figure)

What needed to achieve a conviction requires only two things like everything else in everyone’s life, desire and strong enough intention (will) to carry it out, the rest will follow.

So far all seems to be lacking at both the DA’s office and the Sheriff’s department of Merced County. If they need to bring in an aggressive outside prosecutor, I know the one from the East Coast who’s not so long ago decided to take an unscheduled retirement for some personal reasons . Hint…… last name begins with “S” and his last job was a state governor.
As far as I know he’s still unemployed at present.

Echo Yankee, over & out!

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