' ' XAVIER BECERRA Attorney General of California PATRICIA M. FUSCO Supervising Deputy Attorney General AMANDA G. PLISNER (SBN 258157) TIFFANY J. SUSZ (SBN 226665) 1300 I Street, Suite 125 PO. Box 944255 . Sacramento, CA 94244-2550 Telephone: (916) 210-7252 Fax: (916) 322-2368 ' FILEE 3 AN MATEO CUNTY ~ . E—mail: Tiffany.Susz@doj.ca.gov Attorneys for People of the State ofCalifornia SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 11 12 Case No. _--; 1_8_.C I PEOPLE OF THE STATE OF CALIFORNIA, 13 4 7 5-9 . DECLARATION OF SPECIAL AGENT PETER WOLD IN SUPPORT OF PETITION TO PRESERVE PROPERTY AND ASSETS PURSUANT TO PENAL CODE SECTION 186.11 _ Plaintiff, 14 v. ‘V 0 ' - , 15 , 16 JOSHUA G. GAMOS (DOB 3/13/1976) 17 @n369” CARLINA G. GAMOS, aka NORA 18 GAMOS (DOB 9/6/1951) \ g‘fcmmn 'In support 4 ‘ 19 NOEL G. GAMOS (DOB 9/22/1977) \\\:\\3\6\3\0\§i\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 20, 21 GERLEN B. GAMOS (DOB 1/3/1980), Defendants. 22 23 EXPERIENCE OF DECLARANT 24 25 26 27 I, Peter Wold, declare as follows: I am a duly sworn peace officer currently employed as a Special Agent for the California Department of Justice, Bureau of Investigation, Tax Recovery and Criminal Enforcement Task 28 1 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets ' (Pen.Code, § 186.11) Force (TRaCE) (hereafter referred as DOJ). I have been a peace officer in California for the past 17 years. , From April 2001 through 2012, I was assigned to the DOJ, Bureau of Investigations (hereafter referred to as BI). While assigned to B1, I conducted investigations into crimes ‘ including, but not limited to, sexual assaults, homicides, human trafficking, grand theft, embezzlement, perjury, public contract fraud and violent crimes. From February of 2012 through February of 201 5, I was assigned to the DOJ, Bureau of Firearms, where I conducted illegal \OOO\10\ firearms investigations and background investigations for Dangerous Weapons Permits. On March 1, 2015, I was assigned to the BI, Tax Recovery and Criminal Enforcement 10 (TRaCE) Task Force. The mission of the TRaCE Task Force is to investigate elements of the ll underground economy engaged in 12 and/or income taxes. I have talked to numerous Federal, State, and local law enforcement experts 13 about specialized investigations involving human trafficking and grand theft (wage theft). illicit activity and the resulting evasion of business, payroll . SUMMARY OF INVESTIGATION 14 On November 13, 2017, 15 I was assigned to investigate the owners of Rainbow Bright/a 16 residential care facility for adults and day care facilities. ,At the time I began the investigation, the 17 owners were identified as Joshua G. Gamos, Carlina G. Gamos (AKA Nora Gamos), Felicimo 18 Gamos, and Noel G. Gamos. Later in the investigation, I determined there was an additional 19 suspect to include, Gerlen B. Gamos. Joshua G. Gamos, Carlina G. Gamos, Noel G. Gamos, and 20 Gerlen B. Gamos 21‘ will hereafter be referred to as Defendants. Over the course of the investigation, I identified vulnerable victims within the Filipino 22 community, who were often undocumented, and who Defendants enslaved to work at their 23 facilities and personal homes, without paying them adequate wages for the long hours they 24 worked. I learned Defendants failed to pay the victims in excess of $5 million in wages from 25 2009 through 2014. I also learned from 2015 to 2017, Defendants continued to fail to pay their 26 employees adequate wages, despite the Department 27 do so. Specifically, Defendants failed to pay their employees during this time period in excess 28 $3 of Labor’s investigation and requirement they of million. 2 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) Additionally, in some instances, certain Defendants forced some of the undocumented victims to work twenty-four hours per day, seven days per week, while Defendants withheld their passports. Moreover, Defendant Joshua Gamos used-force, violence, and duress with a younger female employee by requiring her to perform sexual acts to him upon his demand. During the course . of the investigation, I also learned Defendants failed to report in excess of $2 million to OO\]O\U‘l-I> the California Employment Development Department (EDD) and failed to maintain worker’s compensation insurance for their employees. DETAILS OF INVESTIGATION Prior to beginning my investigation on November 13, 2017, I learned the United States \O of Labor (DOL), had initiated an investigation in October 2014 after receiving 10 Department 11 complaints from Rainbow Bright employees that the owners 12 to work long hours without adequate pay, proper living conditions, and worker’s compensation 13 insurance. DOL referred their initial investigation to the San Mateo County District Attorney’s 14 of these facilities forced employees Office (SMCDA). _ I am informed and believe that the SMCDA requested that the EDD to assist in 15 16 investigating whether the Rainbow Bright owners committed unemployment insurance fraud and 17 payroll tax evasion. During the EDD investigation, I am informed and believe that auditors 18 reviewed EDD records, Rainbow Bright bank statements and checks, DOL interviews, California 19 Department of Social Services documents, and 1099s. I an informed and believe that an EDD 2o auditor determined Rainbow Bright underreported employees and wages paid to employees from 21 July 22 not report to EDD. These workers provided services 23 workers. The EDD audit determined a total 24 reported to EDD from the third quarter 25 1, 2008 to September 30, 2017. The auditor located numerous workers Rainbow Bright did as drivers, caregivers, and maintenance of $2,436,504.09 in employee wages that were not of 2008 through the third quarter of 2017. While DOL, EDD, and SMCDA investigated Defendants for grand theft (wage theft), tax 26 violations, and worker’s compensation fraud, the agencies believed that some of the employees 27 may have been physically and sexually assaulted by certain Defendants. 28 took over the ' investigation and I began to interview former employees who worked _for Rainbow It is at this point, that I 3 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) Bright. I learned through these interviews that Defendants forced some of their undocumented employees to work twenty—four hours per day, seven days per week, while holding their passports. Employees told me Defendants required that they work long hours without breaks, sleep on cold floors and in cold garages, wait outside in the rain when Defendants were away, and also that Defendants prohibited them from freely leaving the facilities. Employees told me Defendants prohibited them from talking on the telephone to friends or family and also demanded that the employees not talk to other employees. I learned from employees that Defendant Joshua \OOO\]O\ Gamos and Defendant Carlina Gamos regularly threatened employees that or if they tried to leave, if they stopped working at their facilities or personal homes, United States immigration'agents 10 would arrest the employees and deport them. Numerous employees that I interviewed told me 11 they feared for their safety and that Defendants instilled feared in them that they may be arrested 12 and deported 13 if they did not comply with Defendants instruction. I interviewed two victims who were hired as personal house servants for Defendant 14 Joshua Gamos and his family, and Defendants Noel and Gerlen Gamos. ‘ The two elderly victims 15 I interviewed began to work for Defendants in January 2014, which was within approximately 16 one month 17 old victim, who worked for Defendant Joshua Gamos, described occasions where Defendant 18 Joshua Gamos physically and verbally abused her. Defendants Noel and Gerlen Gamos 19 employed the above victim’s sister 20 harsh working conditions while she worked for Noel and Gerlen Gamos. She told me she had 21 only a few days 22 Noel, and Gerlen Gamos did not allow her to talk to her sister while she worked for them even. 23 when the two were in the same room. 24 of the victims arriving to the United off in the almost I interviewed a as States from the Philippines. The fifty-nine—year- their personal house servant. This elderly victim described 12 months she worked for them, and that Defendants Carlina, long term employee with Rainbow Bright. She began working for 25 Defendants shortly after arriving to the United States from the Philippines. She was just 21 26 old. She told me that she worked as a caregiver at various Rainbow Bright facilities. Similar to 27 other employees, she described a similar pattern 28 in with other employees. She told me that Defendants knew she did not have proper immigration years— of labor trafficking that Defendants had engaged 4 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) documents to allow her to stay permanently in the United States. She also described how Defendant Joshua Gamos initiated a personal relationship with her. She described how it did not take long before the relationship with Joshua Gamos turned violent. She described numerous acts of sexual intercourse where Joshua Gamos used physical violence and duress to accomplish these acts; leaving bruises on her body. I interviewed numerous other victims who were employed by Defendants and treated poorly by Defendants. Other victims described conditions where Defendants enslaved them to work twenty-four hours per day, seven days per week at the facilities and their personal homes, ' without adequate pay and living conditions. I am informed and believe by SMCDA Inspector Zemlok that Rainbow Bright did not 10 ll maintain proper workers” compensation insurance for theiremployees 12 Bright employees reported throughout this investigation that they were injured while working at 13 Rainbow Bright. These employees reported their work injuries to Defendant Joshua Gamos; he l4_ told some of the workers to deny the injuries were Work-related and instructed them to tell the 15 emergency room doctors a lie about how they received their injuries. Defendant Joshua Gamos 16 ‘ as well. Several Rainbow did not pay for the workers’ medical bills, and instead required the workers to pay for their own medical bills for work related injuries. .17 .‘ 18 ‘ On September 5, 2018, the People filed criminal case 166117010094 in San Mateo 19 County Superior Court. The complaint alleges eight counts 20 Penal Code section 236. 1 (a), twenty—six counts 21 Code section 487(a), a count .22 of human trafficking, in violation of of grand theft (wage theft), in violation of Penal of Workers’ compensation fraud, in violation of Insurance section 118880(a), nine counts Code of willful failure to file tax return, in violation of Unemployment of willful failureto collect or pay taxes, in 23 Insurance Code section 2117.5, and nine counts 24 violation of Unemployment Insurance Code section 2118.5, and conspiracy to commit human ' 25 trafficking and grand theft (wage theft), all felonies. It is specially alleged that Defendants Joshua 26 Gamos, Carlina Gamos, Noel Gamos, and Gerlen Gamos committed two or more related felonies, 27 a 28 Penal Code section 186.11 (a)(2). material element being fraud or embezzlement'with a loss of more than $500,000 in violation of . 5. Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets ~ - (Pen.Code, § 186.11) At lease two of the charges contain a material element of which is fraud or embezzlement. The charges all stem from Defendants fraudulent conduct directed at the employees Defendants employed to work at their residential adult care facilities and day care facilities; conduct which involves a pattern of related felony conduct. Further the criminal enterprise perpetrated by Defendants resulted in a taking in excess of $5 million from victims employed from 2009 to 2014, and unreported employment wages to EDD in excess of $2 million. DEFENDANTS’ ASSETS AND PROPERTIES \OOONION Based upon the investigation,‘l believe that the assets and title to the property listed below are currently owned, held by, or under the control of Defendants. I became aware of Defendants EDD investigation, SMCDA’s investigation, and my own research. On or 10 assets through the 11 about July 23, 2018, I conducted research by accessing law enforcement and public information 12 databases to obtain information on deeds, properties, and ownership. 13 records through the San Mateo County Recorder’s Office. Also, SMCDA inspectors and CA 14 DOJ agents conducted surveillances on the properties listed below to assist in location 15 determination and ownership information. Based on these searches and surveillances, I 16 confirmed ownership of the 6 real properties located below: 17 REAL PROPERTY: 18 19 I also accessed online 626 Skyline Drive, Daly City, CA 94015 Owner: Elaine Saclolo (Gamos) (spouse of Joshua Gamos) Parcel No.: 008164010 (San Mateo County) Estimated value: $ 700,000 2o 21 22 27 Alisal Court, Pacifica, CA 94044 Owner: Noel Gamos , Parcel No.: 009560640 (San Mateo County) Estimated value: $ 796,282 23 251 Del Prado Drive, Daly City, CA 94015 Owner: Joshua Gamos, Carlina Gamos 24 Parcel No.: 008301490 Estimated value: $ 950,000 25 26 27 2585 Wexford Avenue, South San Francisco, CA 94080 Owner: Joshua Gamos, Carlina Gamos Parcel No.: 091082930 Estimated value: $ 940,000 ' 28 6 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) 104 Westmoor Avenue, Daly City, CA 94015 Owner: Noel Gamos Parcel No.: 008045220 Estimated value: $ 920,000 40 Sugar Hill Drive, Hillsborough, CA 94010 Owner: Joshua Gamos Parcel No.: 038343030 Estimated value: $ 3,947,400 , Additionally, I am informed and believe the EDD, through the execution of search OO\]O'\ warrants, identified some of the bank accounts belonging to Defendants, which the EDD shared with me to include in my investigation. Based upon this investigation, below I have identified the KO 10 11 12 bank accounts in the names of Defendants Joshua Gamos, Noel Gamos, and Carlina Gamos: BANK ACCOUNTS: Bank Of America Account#: XXXXX3349. Account name: Rainbow Bright ARF; Joshua G Gamos, Noel G Gamos, Felicisimo Gamos Estimated value: $35,782.96 as ofJuly 31, 2017 13 14 15 Bank of America Account#: XXXXX2030 Account name: Joshua G Gamos, Noel G Gamos, Felicisimo Gamos Estimated value: $143.07 as of July 31, 2017 16 17' Bank of America Account #: XXXXX6292 Account name: Joshua G Gamos, Noel G Gamos, Felicisimo , 18 Gamos Estimated value: $ 2107.09 as of July 31,2017 19 20 21 Bank of America Account#: XXXXX0647 Account name: Noel G. Gamos Estimated value: $ 40,569.29 as of August 16, 2017 23 Bank of America Account#: XXXXX093 1 Account name: Rainbow Bright Preschool/Infant Daycare; Noel G. 24 Gamos Estimated value: $8,416.53 as 22 . of July 31, 2017 26 Bank of America Account#: XXXXX7867 Account name: Rainbow Bright Preschool Infant Daycare; Carlina 27 Estimated value: $ 664.67 as of July 31, 2017 25 G. Gamos 28 7 Declaration of Special Agent Peter Wold 1n Support of Petitlon to Preserve Property and Assets (Pen. Code, § 186.11) Bank of America Account#: XXXXX4809 Account name: Felicisimo Gamos, Carlina G. Gamos, Noel G. Gamos Estimated value: $78,190.40 as of July 25, 2017 Bank of America Account #: XXXXX4786 Account name: Felicisimo Gamos, Carlina G. Gamos, Noel G. Gamos Estimated value: $ 0.00 as of July 25, 2017 Bank of America Account #: XXXXX9689 Account name: Noel G. Gamos Estimated value: $ 25.00 as of July 14, 2017 Bank of America Account #: XXXXX6901 Account name. Carlina G. Gamos International Preschool, Carlina 10 11, G. Gamos Estimated value: $ 27.86 as of July 14, 2017 12 Bank of America Account #: XXXXXS 5 5 3 Account name: Carlina G. Gamos Estimated value: $0.00 as of May 16, 2016 13 14 15 During interviews I conducted, along with interviews the SMCDA and DOL conducted, ‘ 16 victims'stated Defendant Joshua Gamos had-numerous vehicles, many of which the employees 17 5 were tasked with maintaining and detailing on a regular basis. I requested, reviewed, and 18 confirmed this by reviewing California Department of Motor Vehicle records. I also reviewed 19 online computations from Kelly Blue Book, Car Guru.com, and Cycle Trader.com to determine 2o the approximate value of the vehicles. To determine the values of the vehicles, I uSed the basic 21 vehicle package option for the vehicle make and model (if I had model information), calculated ' 22 mileage at 12,000 per year in vehicle mileage, if mileage was unknown to me, and noted vehicle 23 condition as fair. Based on this, I believe Defendant Joshua Gamos owns, or has an ownership 24 interest in, approximately thirty vehicles. I believe Defendant Noel Gamos owns, or has an 25 ownership interest in, approximately six vehicles. I beheve Defendant Carlina Gamos owns, or 26 has an ownership interestin, at least one vehicle. The information on these vehicles is detailed 27 below: 28 8 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) MOTOR VEHICLES: 1993 Honda: 4 door CA License #: 3CKC000 Vin #: XXXXXXXXXXXXX1685 Registered Owner: Joshua Gamos 1 Ul-bbJN Estimated value: $ 258 1999 Honda Odyssey CA License #: 4HGU781 Vin #: XXXXXXXXXXXXXXS 147 \]O\ Registered Owner: Joshua Gamos Estimated value: $ 380 1999 Acura TL CA License #: 6YQE790 Vin #: XXXXXXXXXXXXXX4034 10 Registered Owner: Joshua Gamos Estimated value: $ 5 62 13 2000 Ferrari 360 Modena CA License #: J G36OF Vin #: XXXXXXXXXXXXXX7604 Registered Owner: Joshua Gamos Estimated value: $ 73,980 14 2001 BMW 15 Vin #2 XXXXXXXXXXXXXX21 91 16 Registered Owner: Joshua Gamos, Carlina Gamos Estimated value: $371 11 12 CA License #: 4TTA076 17 2002 Toyota CA License #2 J GAMOS 18 Vin #: XXXXXXXXXXXXXX0633 19 Registered Owner: Joshua Gamos Estimated value: $ 489 2o 21 22 23 24 25 26 27 28 2003 Toyota Truck CA License #: J GAMOSI Vin #: XXXXXXXXXXXXXX3 161 Registered Owner: Joshua Gamos Estimated value: $ 2,106 2005 BBCHP Chopper CA License #: 18B7135 Vin #: XXXXXXXXXXXXXX1807 Registered Owner: Joshua Gamos Estimated value: $ 12,000 2005 Chrysler Van CA License #: 7YZP852 Vin #: XXXXXXXXXXXXXX5702 Registered Owner: Joshua Gamos Estimated value: $ 206 ‘ 9 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) 2006 Toyota Matrix CA License #: SSGE760 Vin #2 XXXXXXXXXXXXX7659 Registered Owner: Joshua Gamos Estimated value: $2,315 2007 Honda 4 Civic CA License #2 SZQV534 Vin #: XXXXXXXXXXXXXX45 90 Registered Owner: Joshua Gamos Estimated value: $ 1,530 ' 2007 Ford Van CA License #: 7LOW018 Vin #: XXXXXXXXXXXXXX0868 Registered Owner: Joshua Gamos Estimated value: $2,658 2008 Ford Econoline E 350 CA License #: 6DIF254 11 .12 13. 14 15 . Vin #2 XXXXXXXXXXXXXX3031 Registered Owner: Joshua Gamos Estimated value: $3,714 2009 Ford Van CA License #: 8Y11466 Vin #: XXXXXXXXXXXXXX0859 Registered Owner: Joshua Gamos Estimated value: $ 4,677 16 2009 Audi Q7 CA License #:‘6FRX483 17 Vin #: XXXXXXXXXXXXXX7381 18 Registered Owner: Joshua Gamos, Elaine Gamos Estimated value: $ 8,747 - 19 2010 Ford-Van CA License #: 7KED383 20 Vin #2 XXXXXXXXXXXXXX91 83 21 Registered Owner: Joshua Gamos Estimated value: $ 6,219 22. 2011 Ford Van 23 Vin #: XXXXXXXXXXXXXXl 376 24' Registered Owner: Joshua Gamos Estimated value: '$ 6,716 25 2012 Nissan GT-R CA License #2 6SPA410 26 Vin #: XXXXXXXXXXXXXXWB 2-7 Registered Owner: Joshua Gamos Estimated value: $ 63,999 , CA License #2 6NZK249 28 10 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) ‘ 2012 Ford Econoline E 350 CA License #2 7KNG464 Vin #: XXXXXXXXXXXXXX73 94 Registered Owner: Joshua Gamos Estimated value: $ 11,109 2013 Jeep utility vehicle CA License #2 J GAMOS3 Vin #2 XXXXXXXXXXXXXX6466 Registered Owner: Joshua Gamos Estimated value: $ 7, 236 2013 Ford Van CA License #: 7AKS940 Vin #: XXXXXXXXXXXXXX0454 Registered Owner: Joshua Gamos Estimated value: $ 8,729 .2014 Lamborghini Aventador CA License #: 7KEF060 Vin #: XXXXXXXXXXXXXX2709 Registered Owner: Joshua Gamos Estimated value: $ 339,000 2015 Toyota Corolla CA License #2 7MMW357 Vin #2 XXXXXXXXHXXXX4644 Registered Owner: Joshua Gamos Estimated value: $ 10,078 2015 Subaru 4 door CA License #2 7MXA781 Vin #2 XXXXXXXXXXXXXXO480 Registered Owner: Joshua Gamos Estimated value: $ 13,744 2016 Ford Transit 150 XLT CA License #2 80030A2 Vin #2 XXXXXXXXXXXXXX8002 Registered Owner: Joshua Gamos Estimated value: $ 18,304 2016 Chevrolet 2 door CA License #:7UBC544 Vin #2 XXXXXXXXXXXXXX0988 Registered Owner: Joshua Gamos Estimated value: $ 9,839 2016 Toyota Landcruiser CA License #2 7UCM405 Vin #2 XXXXXXXXXXXXXX0302 Registered Owner: Joshua Gamos Estimated value: $ 52,839 11 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) 201 6 Chevrolet CA License #1 J GZO6 Vin #: XXXXXXXXXXXXXXO988 Registered Owner: Joshua Gamos $ 9,839 Estimated value: 2017 Ford Coupe CA License #:~8CKH631 Vin #: XXXXXXXXXXXXXX5580 Registered Owner: Joshua Gamos Estimated value: $ 7,072 2003 BMW M3 CA License\#: D108V0 Vin #: XXXXXXXXXXXXXX3 029 Registered Owner: Noel Gamos Estimated value: $ 9,508 2004 Mercedes CA License #: 5FFN357 Vin #2 XXXXXXXXXXXXXX3 007 Registered Owner: Noel Gamos Estimated value: $ 758 2008 Mercedes CA License #: D110V0 Vin #2 XXXXXXXXXXXXDO(806O Registered Owner: Noel Gamos Estimated value: $ 3,854 2009 Lexus LS600hL CA License #: F5 83T0 Vin #: XXXXXXXXXXXXXX9811 Registered Owner: Noel Gamos Estimated value: $ 18,333 1 Honda Pilot CA License #: E547T0 201 Vin #: XXXXXXXXXXXXXXS 122 Registered Owner: Noel Gamos Estimated value: $ 9,754 _ The total value 2013 Toyota Tacoma CA License #: 157USS Vin #: XXXXXXXXXXXXXXS 425 Registered Owner: Noel Gamos Estimated value: $ 15,912 of the, assets listed above is $9,624,473 for real property and the vehicles. Furthermore, the value of the bank accounts for DEFEND-ANTS collectively in July to August 12 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11) 2017 was $ 165,926.87. The value of the real property, vehicles, and bank accounts is below the amount Defendants could be‘ordered to pay in fines and restitution. I declare under penalty of perjury that the foregoing is true and correct. Executed this 1 day of .September, , , 2018 in Sacramento County, California. PETER WOLD Special Agent California Department . of Justice 10 ' ll SA2017705951 33534351.docx 12 13 14 15 16 17 18 19 20 21 22 23 24 i '25 26 27 28' l3 Declaration of Special Agent Peter Wold in Support of Petition to Preserve Property and Assets (Pen.Code, § 186.11)