DP: {iJ\/Etlu) Egg . - =21 2815 APR 28 F3 '4 APR 23 2015 SUPERIOR COURT OF CALIFORNIA A {3133 1.253119126qu Of?ce COUNTY OF CONTRA COSTA Vi? Depu?y Clerk PITTSBURG THE PEOPLE OF THE STATE OF CALIFORNIA, NO. 184049?5 DA NO. 15 000073?7 VS. AMENDED COMPLAINT FELONY PC CUIC 2117.5 03) CUIC 2118.5 CIC 11760(a) GLENDA MOTIL PUBLICO, AND ROMMEL SURCO PUBLICO, The undersigned states, on information and belief, that GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, Defendant, did commit a felony, a Violation of PENAL CODE SECTION (GRAND THEFT BY FALSE PRETENSES), committed as follows: On or about September 7, 2011, in Contra Costa County, the Defendant, GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, did willfully, knowingly, unlawfully, and fraudulently get possessiOn of money and property and obtain labor and service valued at Five Hundred Fifty Two Thousand Eight Hundred Seventy dollars $552, 870.00. COUNT TWO: The undersigned further states, on information and belief, that GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, Defendant, did commit a felony, a Violation of UNEMPLOYMENT INSURANCE CODE SECTION 2117.5 (FAILURE TO FILE A RETURN), committed as follows: On or about September 7, 2011, in Contra Costa County, the Defendant, GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, did unlawfully fail to file a return as required by the California Unemployment Insurance Code with the intent to evade any tax imposed by the California Unemployment Insurance Code. AMENDED PEOPLE V. GLENDA MOTIL PUBLICO, ROMMEL SURCO PUBLICO NO. 184049-5 PAGE 2 DA NO. 15 000073?7 COUNT THREE: The undersigned further states, on information and belief, that GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, Defendant, did commit a felony, a Violation of UNEMPLOYMENT INSURANCE CODE SECTION 2118.5 (FAILURE TO ACCOUNT FOR AND PAY OVER TAXES), Committed as follows: On or about September 7, 2011, in Contra Costa County, the Defendant, GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, did unlawfully fail to truthfully account for and pay over taxes and amounts required to be withheld by the California Unemployment Insurance Code. COUNT FOUR: The undersigned further states, on information and belief, that GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, Defendant, did commit a felony, a violation of INSURANCE CODE SECTION 11760(a) (MISREPRESENTATIONS TO OBTAIN COMPENSATION INSURANCE AT A LOWER RATE), committed as follows: On or about September 7, 2011, in Contra Costa County, the Defendant, GLENDA MOTIL PUBLICO and ROMMEL SURCO PUBLICO, did Unlawfully' misrepresent a fact to State Compensation Fund in order to obtain worker's compensation insurance at less than the proper rate for that insurance. CHARGE ENHANCEMENT AGGRAVATED WHITE COLLAR CRIME It is further alleged, pursuant to Penal Code section 186.11, that in the commission of the above offenses, the Defendant, GLENDA MOTIL PUBLICO AND ROMMEL SURCO PUBLICO, committed two or more related felonies, a material element of which is fraud and embezzlement, which involved a pattern of related felony conduct, and the pattern of related felony conduct involved the taking of more than One Hundred Thousand Dollars AMENDED PEOPLE V. GLENDA MOTIL PUBLICO, ROMMEL SURCO PUBLICO NO. 184049-5 PAGE 3 DA NO. 15 000073?7 COMPLAINANT REQUESTS THAT BE DEALT WITH ACCORDING TO LAW. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. DATED: April 23, 2015 AT MARTINEZ, CALIFORNIA WILLIAM J. DEPUTY DISTRICT ATTORNEY