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“These imposters used phony documents that appeared to originate from a government office to gain payment from law-abiding businesses,” Brown said. “This settlement puts a stop to their scheme and secures restitution for the companies that were cheated.”
The civil settlement filed in San Diego Superior Court names Annual Review Board, Inc.; Business Filings Division; Corpfilers.com, LLC; George Alan Miller; Rebecca J. Miller; Argishti Keshishyan, and Kristina Keshishyan.
The settlement requires the defendants to make restitution of $1,750,000 to customers and pay an additional $650,000 in penalties and costs to the state.
To preserve the defendants' assets, the attorney general moved successfully last year to freeze their bank accounts.
The bogus operation constitutes what is known as a corporate filing scheme. Solicited victims were told they had to pay a $195 filing fee accompanying return of the phony documents.
Brown's investigation found that the defendants, based in Los Angeles County, misled well over 5,000 customers into paying by utilizing phony forms that:
Had an official looking seal;
Used a “control number”;
Had a “corporation number” or “LLC number”;
Used official sounding titles and names, such as “corporation division,” that implied a governmental connection;
Specified a “due date” and employed the phrase “Remit Immediately!”
Described the payment as an annual fee;
Warned that failure to respond could lead to the recipient being suspended and losing its right to conduct business.
The investigation was triggered by a flood of complaints to the Attorney General's Office from businesses that had been victimized. The scheme flourished because the forms seemed routine and the payments demanded were small.
As part of the settlement, the defendants are permanently enjoined from making fraudulent representations. Brown urged businesses to be vigilant against similar scams.
Restitution will be handled by a claims administrator who will be named by the Attorney General's Office. More information will be available on the Attorney General's Web site at http://ag.ca.gov/.
This is the latest settlement of eight actions the Attorney General has prosecuted against corporate filing schemes.
In a case tried in San Diego Superior Court last year, Brown won a $1.2 million judgment against Gaston Muhammad and Ronna Green for running a corporate filing scheme that swindled California companies.
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SACRAMENTO – The Board of Equalization (BOE) on Thursday released California’s gasoline and diesel consumption figures for September and the third quarter of 2010.
California gasoline consumption increased 1.5 percent in September and increased 0.8 percent in the third quarter. Diesel consumption increased 0.2 percent in September compared to last year.
“Gas prices for the first nine months of 2010 have been reasonably stable, fluctuating less than 20 cents,” said Chairwoman Betty T. Yee. “The slight increase in gasoline use we’ve seen in the last couple of quarters is consistent with the mild economic growth we have been experiencing and a hopeful sign for the new year.”
Gasoline consumption increased 0.8 percent in the third quarter of 2010 when Californians consumed 3.80 billion gallons of gasoline compared to the 3.77 billion gallons of gasoline used in the third quarter 2009.
The average price of gasoline at the pump in California during the third quarter of 2010 was $3.14, a 3.0 percent increase over the third quarter 2009’s average price of $3.05 per gallon.
In September 2010, gasoline consumption increased 1.5 percent when Californians used 1.24 billion gallons of gasoline compared to 1.22 billion gallons consumed in September 2009.
The average price of gasoline at the pump in California in September 2010 was $3.06 per gallon, a 3.5 percent decrease compared to the gasoline price per gallon of $3.17 in September 2009.
Diesel consumption increased 2.3 percent in the third quarter of 2010 when Californians consumed 669 million gallons of diesel compared to 654 million gallons of diesel fuel consumed in the third quarter of 2009.
However, there was a 9.6 million gallon refund in July 2009 and a 19.3 million gallon credit in August 2009 which means the 2.3 percent quarterly gains would become a 2.0 percent quarterly loss without the credit/refund.
The average price of diesel fuel in California during the third quarter 2010 was $3.14, an 11.7 percent increase compared to the third quarter of 2009 when the price per gallon of diesel fuel in California was $2.81.
Diesel sold in California during September 2010 totaled 245 million gallons compared to the September 2009 total of 244 million gallons, which is a 0.2 percent increase.
California diesel prices were $3.14 per gallon in September 2010, which is a 10.6 percent increase compared to September 2009’s average price of $2.84 per gallon of diesel.
The BOE is able to monitor gallons through tax receipts paid by fuel distributors. The figures reported monthly are net consumption that includes BOE audit assessments, refunds, amended and late tax returns, and State Controller’s Office refunds.
Figures for October 2010 are scheduled to be available at the end of January 2011. All monthly, quarterly, and annual figures can be viewed at: www.boe.ca.gov/sptaxprog/spftrpts.htm.
The five-member California State Board of Equalization is a publicly elected tax board. The BOE collects more than $48 billion annually in taxes and fees supporting state and local government services. It hears business tax appeals, acts as the appellate body for franchise and personal income tax appeals, and serves a significant role in the assessment and administration of property taxes.
For more information on other taxes and fees in California, visit www.taxes.ca.gov.
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The assessment workshop will be conducted Thursday, Jan. 13, 8 a.m. a.m. to 1 p.m., in a computer classroom at Mendocino College, 1005 Parallel Drive, Lakeport.
The workshop is free, but reservations are required by Jan. 3; call the Lake County Winegrape Commission, 707-995-3421. Lunch will be provided to registered attendees.
Participants will use the California Sustainable Winegrowing Program’s online system to assess the sustainability of their vineyards and winery operations. Erica Lundquist, the Commission’s Sustainable Winegrowing Program coordinator, will assist attendees.
Participants who have previously completed workbook sections online will have an opportunity to access their scores.
“This workshop is for everyone, whether you are keeping your scores up-to-date, learning the online system, or using the Sustainable Winegrowing Workbook for the first time. We will also cover the new certification program, which is based on the workbook,” said Lundquist.
Lisa Francioni, program manager with the California Sustainable Winegrowing Alliance, will present information about the certification program.
Ryan Leininger, a certified California Sustainable Winegrowing accredited auditor, will describe the certification process including costs, record-keeping, and techniques to help make the certification go smoothly for vineyard owners, growers, and operators.
Completing the workbook assessments will help winegrape growers prepare for the season ahead, says Lundquist. Individuals who have workbooks are instructed to bring them to the workshop. First-time participants will receive the second edition workbook.
Participants must have user IDs and passwords for access to the online system. Those who have previously obtained their personalized user IDs and passwords should make sure they have them when they attend the workshop.
Others planning to attend should obtain the user IDs and passwords prior to the meeting by contacting Francioni, phone 415-356-7545 or email
Winegrape growers interested in using the online system to conduct their assessments should attend this workshop, says Lundquist. The sustainability assessments will be done using the college’s computers.
Workbooks and update packets will be provided to individuals who are attending a workbook meeting for the first time. Individuals who have been to workshops on the Sustainable Winegrowing Program should bring their workbooks and packets with them. All attendees will need to bring their user IDs and passwords.
For more information about the workshop, call Lundquist at 707-245-8384.
For more information about the Lake County Winegrape Commission and its programs, visit the commission Web site at www.lakecountywinegrape.org.
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The BOE has approved the use of the updated stamp to further reduce the trafficking of counterfeit cigarettes and related excise tax evasion in California.
The BOE is responsible for the administration and enforcement of the tax stamp program.
The upgraded tax stamp introduces a number of new security features, including special inks and a counterfeit and tamper-resistant design. The newly designed stamps will help simplify authentication and discourage tax stamp counterfeiting.
Cigarette-related tax evasion costs California an estimated $182 million annually.
New California cigarette tax stamps are gold-yellow in appearance, with a color-shifting effect visible on the left edge and a unique serial number. Retailers and consumers can expect to see the new tax stamps in use by Jan. 1.
Cigarette and tobacco taxes are “excise” taxes, or charges paid at the distribution level and often built into the retail price.
Excise taxes paid on cigarettes are used to fund state services and programs including breast cancer research, early childhood education, health education and hospital services.
In 2002, Senate Bill 1701 required the BOE to replace the heat-applied decals in use at the time with counterfeit-resistant stamps encrypted with specific information, capable of being read by a scanning device. The original high tech tax stamp was introduced into the California market in 2005.
Additionally, in 2004, the California Cigarette and Tobacco Products Licensing Act of 2003 (Assembly Bill 71 ), written by current BOE Vice Chairperson Jerome Horton, was signed into law and established a statewide program to license sellers of cigarettes and tobacco products.
Lastly, in 2007, Assembly Bill 1749 expanded provisions of the Licensing Act to include licensing requirements for manufacturers and importers of tobacco products and made the provisions of the Licensing Act permanent.
The high tech tax stamp and other BOE enforcement efforts combine to reduce cigarette tax evasion by $133 million each year in sales and excise taxes.
Chairwoman Betty T. Yee was elected to her post in November 2006. Her district includes many of California's coastal counties, from Del Norte to Santa Barbara, and includes the entire San Francisco Bay Area.
The five-member California State Board of Equalization (BOE) is a publicly elected tax board. The BOE collects more than $48 billion annually in taxes and fees supporting state and local government services. It hears business tax appeals, acts as the appellate body for franchise and personal income tax appeals, and serves a significant role in the assessment and administration of property taxes.
For more information on other taxes and fees in California, visit www.taxes.ca.gov.