SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO NORTH COUNTY DIVISION THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, v. CT No. CN341467 DA No. OBZ689 COMPLAINT-FELONY RAMIL ABALKHAD, dob 08/23/63; NELLIE CHA NOLAND, dob 06/27/80; INFORMATION CARLOS OMAR TORRES, dob 04/25/70; Date: _________________________ Defendants PC296 DNA TEST STATUS SUMMARY Defendant ABALKHAD, RAMIL NOLAND, NELLIE CHA TORRES, CARLOS OMAR DNA Testing Requirements DNA sample required upon conviction DNA sample required upon conviction DNA sample required upon conviction CHARGE SUMMARY Count Charge 1 PC182(a)(1) ABALKHAD, RAMIL Issue Type Felony Sentence Range Special Allegations Check Code NOLAND, NELLIE CHA TORRES, CARLOS OMAR 2 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 3 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 Page 1 of 11, Court Case No. CN341467 Allegation Effect CHARGE SUMMARY (cont'd) Count Charge Issue Type 3 PC530.5(a) Felony NOLAND, NELLIE CHA Sentence Range Special Allegations 16-2-3/$10,000 TORRES, CARLOS OMAR 4 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 5 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 6 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 7 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 8 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 9 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 10 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR Page 2 of 11, Court Case No. CN341467 Allegation Effect CHARGE SUMMARY (cont'd) Count Charge 11 PC530.5(a) ABALKHAD, RAMIL Issue Type Felony Sentence Range Special Allegations 16-2-3/$10,000 Allegation Effect NOLAND, NELLIE CHA TORRES, CARLOS OMAR 12 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 13 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 14 PC530.5(a) ABALKHAD, RAMIL Felony 16-2-3/$10,000 NOLAND, NELLIE CHA TORRES, CARLOS OMAR 15 PC530.5(a) ABALKHAD, RAMIL PC1054.3 Felony 16-2-3/$10,000 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 COUNT 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 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 emailed 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 emailed 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 emailed 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 emailed 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 CHARGES (cont'd) Overt Act No. 12: On or about October 18, 2011, NOLANL) emalled KYMANI TATE five (5) Social Security Numbers which to active duty service member's Mypay accounts. One of Social sccunry Numbers belonged to-- Overt Act No. 13: On or about and between October 18 2011, and October 30, 2011, an unauthorized allotment In the amounr of 5134 was csralalishcd on _lyl>ay account payable JEWELERS wilhour pcrnaissinn. Overt Act No. 14; on or about October 24, 2011, NOLAND cinailcd TATE wirh an addiuonal request to reset fortv (40) Myl>ay account passwords. NOLAND promiscd to pay TATE 5100 for every 10 Ple and to clear E's ROMANO's JEWELERS account. Overt Act No. 15; on or about October 24, 2011, KYMANI TATE agreed reset the Myl>ay account passwords. O\'ert Act No. 16: On or about October 24, 2011, NOLAND emalled KYMANI TATE eleven (11) Social sccuriry Numbers which to active duty service member's Mypay accounts. NOLAND asked TATE to reset account passwords on all accounrs to "11223355," and an email to NOLAND the account passwords \vere so NOLAND could "tell my boss." O\'ert Act No. 17: On or about October 25, 2011, NOLAND emalled KYMANI TATE that uthe owner is here and asking." O\'ert Ac: No. 18: On October 25, 2011, KYMANI emailed NOLAND: "Done. Can do some more tomorrow." O\'ert Act No. On or about October 25, 2011, NOLAND emalled KYMANI TATE ten (10) Social sccuriry Numbers which to active duty service member's Mypay accounts. O\'ert Act No. 20: On or about October 27, 2011, NOLAND emalled KYMANI TATE and said her "boss just called and wondering if you were going to be any more pins to me today so hc can get you cash tomorrow. Keep me updated on the pins for today Thank you." Overt Act No. 21; on or about October 27, 2011, RANDY ABALKI and CARLOS TORRES Instructed NOLAND to pay KYMANI TATE $640 cash as payinch for the account pa, 'ords TATE had reset. Overt Act No. 22; on or about and between October 27, 2011, and November 1,2011, Magaly Gonzalez, store manager of JEWELERS gave NOLAND a check for $640. NOLANL) cashcd the Overt Act No. 23~ on or about and between October 27, 2011, and November 1,2011, RANDY ABALKHAL) and CARLOS NOLAND to meet KYMANI TATE other than JEWELERS store because they did not want TATE in the store. Page 5 of11, Court Case No. CN341467 CHARGES (cont'd) Overt Act No. 24; on or about and between October 1, 2011' and October 31L JEWELERS Carlsbad. -was told to Sign papers to open a credit account with ROMAN 0's JEWELERS. Smith did not make any purchases. Overt Act No. 25: On or about November 1, 2011, NELLIE NOLAND met KYM.AN1 TATE outside of Pat and Oscar's in [he Carlsbad mall and paid TATE $460 cash. NOLAND kept $160 cash for herself. Overt Act No. 26: On or about November 7, 2011, NELLIE NOLAND emailed KYMANI TATE and asked if TATE "still wanting to do this?" Overt Act No. 27: On or about November 8, 2011, NELLIE NOLAND emailed KYMANI TATE and asked TATE what was going on because "my boss in down my neck." Overt Act No. 28: On or about November 9, 2011, NELLIE NOLAND emailed KYMANI and told TA "my boss asked me << NELLIE NOLANL) phoned KYMANI TATE and [old TATE that RAN DY ABLAKI and CARLOS TORRES would wipe his JEWELERS account clean and pay TATE to reset account passwords. Page (1 of11, Court Case No. CN341467 CHARGES (com'd) Overt Act No. 35 On or about November 21, 2011, Nlil Llli emailed KYMANI 'l'A Ii (46) boclal Secunty Numbers that corresponded acuve duty servlee member's Myl'ay accounts a 1151 of forty>>va No. 36 On or about November 21, 2011, RANDY ABALKI and CARLOS phone NOLAND and asked 1f KYMANI 'l'A'l'li had reset the Myl'ay account passwords. Overt Act No. 37 On or about November 21, 2011, KYMANI texted Ill NOLAND that the Work was completed. a reset a11 forty-sm (46) account passwords and Overt Act No. 38 On or about November 21, 2011, RANDY ABALKI and CARLOS told Magaly Gon lez NliLLlli NOLAND a check for 52,1701] so NliLLlli NOLAND could cash the cheek and pay 'l'A'l Overt Act No. On or about November 21, 2011, NliLLIli cashed the check Overt Act No. 417 On or about Nov 21, 2011, NliLLIli met KYMANI TATE outs1de the Sports Fever store In the Carlsbad mall, and paid 'l'A'l'li $1,171? cash and gave 'li a silver necklace from JliniLliRS NOLAND kept $1,000 cash for herself. Overt Act No. 41 on or about November 1, 21111, and November 311, 21111, two unauthorized allotments the amount (