WARRANT TULARE COUNTY SUPERIOR COURT DISTRICT TULARE COUNTY SUPERIOR COURT DIVISION, STATE OF CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA Plaintiff, DA No. 20-012227 vs. Court No. YORAI BENNY BENZEEVI DOB:11/09/1962 ALAN WALTER GERMANY DOB:10/14/1964 BRUCE RANDOLPH GREENE DOB:02/22/1952 FELONY COMPLAINT Defendant(s). The undersigned is informed and believes that: COUNT 1 On or about July 14, 2015, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal OMIT TO TRANSFER THE SAME, WHEN SUCH TRANSFER WAS REQUIRED BY LAW. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 12/04/17 by TULARE COUNTY DISTRICT ATTORNEYS’S OFFICE BUREAU OF INVESTIGATIONS INVESTIGATOR R. KLASSEN when WITNESS S.C. DISCLOSED THAT THE DISTRICT HAD FAILED PAY OVER THE BUILD AMERICA BONDS PROCEEDS THEY HAD RECEIVED FOR THE PURPOSES OF BOND REPAYMENT TO THE BONDHOLDERS, CAUSING TAXES TO BE RAISED ON THE RESIDENTS OF THE DISTRICT, The crime of PC 424(a)(6), FAILURE TO PAY OVER OR TRANSFER GOVERNMENT FUNDS WHEN REQUIRED BY LAW, was not uncovered until that date because the DEFENDANTS CONTROLLED THE FINANCES AND OPERATIONS OF THE TULARE LOCAL HEALTHCARE DISTRICT, dba TULARE REGIONAL MEDICAL CENTER (TRMC) AND USED THIER POSITION OF TRUST TO CARRY ON THEIR ILLEGAL ACTIVITY IN SECRECY AND TO AVOID PUBLIC SCRUTINY. 1 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT Y.B.’S FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO THE COUNTRY SINCE. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 2 On or about March 15, 2016, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal OMIT TO TRANSFER THE SAME, WHEN SUCH TRANSFER WAS REQUIRED BY LAW. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 12/04/17 by TULARE COUNTY DISTRICT ATTORNEYS’S OFFICE BUREAU OF INVESTIGATIONS INVESTIGATOR R. KLASSEN when WITNESS S.C. DISCLOSED THAT THE DISTRICT HAD FAILED PAY OVER THE BUILD AMERICA BONDS PROCEEDS THEY HAD RECEIVED FOR THE PURPOSES OF BOND REPAYMENT TO THE BONDHOLDERS, CAUSING TAXES TO BE RAISED ON THE RESIDENTS OF THE DISTRICT, The crime of PC 424(a)(6), FAILURE TO PAY OVER OR TRANSFER GOVERNMENT FUNDS WHEN REQUIRED BY LAW, was not uncovered until that date because the DEFENDANTS CONTROLLED THE FINANCES AND OPERATIONS OF THE TULARE LOCAL HEALTHCARE DISTRICT, dba TULARE REGIONAL MEDICAL CENTER (TRMC) AND USED THIER POSITION OF TRUST TO CARRY ON THEIR ILLEGAL ACTIVITY IN SECRECY AND TO AVOID PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 2 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 3 On or about July 18, 2016, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal OMIT TO TRANSFER THE SAME, WHEN SUCH TRANSFER WAS REQUIRED BY LAW. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 12/04/17 by TULARE COUNTY DISTRICT ATTORNEYS’S OFFICE BUREAU OF INVESTIGATIONS INVESTIGATOR R. KLASSEN when WITNESS S.C. DISCLOSED THAT THE DISTRICT HAD FAILED PAY OVER THE BUILD AMERICA BONDS PROCEEDS THEY HAD RECEIVED FOR THE PURPOSES OF BOND REPAYMENT TO THE BONDHOLDERS, CAUSING TAXES TO BE RAISED ON THE RESIDENTS OF THE DISTRICT, The crime of PC 424(a)(6), FAILURE TO PAY OVER OR TRANSFER GOVERNMENT FUNDS WHEN REQUIRED BY LAW, was not uncovered until that date because the DEFENDANTS CONTROLLED THE FINANCES AND OPERATIONS OF THE TULARE LOCAL HEALTHCARE DISTRICT, dba TULARE REGIONAL MEDICAL CENTER (TRMC) AND USED THIER POSITION OF TRUST TO CARRY ON THEIR ILLEGAL ACTIVITY IN SECRECY AND TO AVOID PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. 3 WARRANT COUNT 4 On or about February 17, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal OMIT TO TRANSFER THE SAME, WHEN SUCH TRANSFER WAS REQUIRED BY LAW. COUNT 5 On or about August 14, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal OMIT TO TRANSFER THE SAME, WHEN SUCH TRANSFER WAS REQUIRED BY LAW. COUNT 6 On or about March 29, 2016, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who were DISTRICT OFFICERS OR EMPLOYEES, specifically, DEFENDANT BENZEEVI WAS CEO AND MANAGER, AND DEFENDANT GREENE WAS THE ATTORNEY AND BOARD COUNSEL, OF THE TULARE LOCAL HEATH CARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), and had a financial interest in a contract made by the defendants in an official capacity. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE It is further alleged, as to the above count, that the above violation was not discovered until 09/28/16 WHEN CASE NUMBER 267051 WAS FILED IN THE TULARE SUPERIOR COURT ALLEGING THAT HOSPITAL FUNDS WERE USED TO FUND PRIVATE LAWSUITS AGAINST DR. BETRE ON BEHALF DEFENDANT DR. YORAI BENZEEVI AND TWO OTHER DOCTORS, The crime of GC 1090(A), CONFLICTS OF INTEREST CONTRACTS, SALES, AND PURCHASES, was not uncovered until that date because the DECISION TO FUND THE LAWSUIT WAS UNDERTAKEN IN CLOSED SESSION & THE MINUTES, CONTROLLED BY THE DFENDANTS AND THEIR AGENTS, FAILED TO DISCLOSE THE DECISION TAKEN TO FUND PRIVATE LAWSUITS WITH PUBLIC MONEY. NO SUBSTEQUANT MINUTES PRIOR TO 09/28/16 DISCLOSED THAT THE LAWSUIT BY DR. BENZEEVI & DR. KUMAR WAS BEING FUNDED WITH PUBLIC FUNDS. 4 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. COUNT 7 On or about January 12, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who were DISTRICT OFFICERS OR EMPLOYEES, specifically, DEFENDANT BENZEEVI WAS CEO AND MANAGER, AND DEFENDANT GREENE WAS THE ATTORNEY AND BOARD COUNSEL, OF THE TULARE LOCAL HEATH CARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), and had a financial interest in a contract made by the defendants in an official capacity. COUNT 8 On or about January 12, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR THE USE OF ANOTHER. COUNT 9 On or about February 15, 2016, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, MANAGER OF THE SOUTHERN INYO HEALTH CARE DISTRICT, had a financial interest in a contract made by the defendant in an official capacity. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY It is further alleged, as to the above count, that the above violation was not discovered until 05/19/19 by TULARE COUNTY DISTRICT ATTORNEY’S OFFICE INVESTIGATOR RODNEY KLASSEN WHEN HE DISCOVERED THAT DR. BENZEEVI WAS INSTRUMENTAL IN HIRING DR. P. KUMAR AS THE INYO MEDICAL DIRECTOR & PARTICIAPATED IN THE CREATION OF DR. KUMARS EMPLOYMENT CONTRACT, The crime of GC 1090(A), CONFLICTS OF INTEREST CONTRACT, SALES, AND PURCAHSES, was not uncovered until that date because the DEFENDANT DID NOT DISCOLOSE HIS CONFLICT HIS CONFLICT OF INTEREST, AS REQUIRED BY LAW. 5 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. COUNT 10 On or about and between March 26, 2016 and January 25, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, ALAN WALTER GERMANY, and BRUCE RANDOLPH GREENE, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, DEFENDANT BENZEEVI WAS THE CEO AND MANAGER, ALAN GERMANY WAS CHIEF FINANCIAL OFFICER, AND DEFENDANT GREENE WAS THE ATTORNEY AND BOARD COUNSEL, of TULARE LOCAL HEATH CARE DISTRICT and DEFENDANT BENZEEVI WAS THE MANAGER AND DEFENDANT GERMANY WAS CHIEF RESTRUCTURING OFFICER OF THE SOUTHERN INYO LOCAL HEALTHCARE DISTRICT, had a financial interest in a contract made by the defendant in an official capacity. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI, ALAN WALTER GERMANY, BRUCE RANDOLPH GREENE It is further alleged, as to the above count, that the above violation was not discovered until 01/25/17 WHEN DR. BENZEEVI DISCLOSED IN A PUBLIC BOARD MEETING THAT HE HAD CAUSED THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) TO EXTEND A LINE OF CREDIT TO SOUTHERN INYO HEALTH CARE DISTRICT (SIHD), The crime of GC 1090(A), CONFLICTS OF INTEREST CONTRACT, SALES, AND PURCAHSES, was not uncovered until that date because the DEFENDANTS MADE THE LINE OF CREDIT CONTRACT WITH INYO WITHOUT THE PERMISSION OF THE TULARE LOCAL HEALTHCARE DISTRICT’S BOARD, AND WITHOUT DISCLOSING TO THEM, OR THE PUBLIC, THAT HE HAD CAUSED TRMC TO EXTENDED A LINE OF CREDIT TO SIDH. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. 6 WARRANT COUNT 11 On or about January 25, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 87100, a Misdemeanor, was committed by YORAI BENNY BENZEEVI, ALAN WALTER GERMANY and BRUCE RANDOLPH GREENE, who was a state or local government official, specifically DEFENDANT BENZEEVI WAS CEO AND MANAGER, DEFENDANT GERMANY WAS CFO OF, AND DEFENDANT GREENE WAS ATTORNY & BOARD COUNSEL FOR TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) and made, participated in making, or attempted to use he/she official position to influence, a governmental decision in which he/she knew, or had reason to know, he/she had a financial interest. COUNT 12 On or about and between March 26, 2016 and January 25, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR THE USE OF ANOTHER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 01/25/17 WHEN DR. BENZEEVI DISCLOSED IN A PUBLIC BOARD MEETING THAT HE HAD CAUSED THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) TO EXTEND A LINE OF CREDIT TO SOUTHERN INYO HEALTH CARE DISTRICT (SIHD), The crime of GC 1090(A), CONFLICTS OF INTEREST CONTRACT, SALES, AND PURCAHSES, was not uncovered until that date because the DEFENDANTS MADE THE LINE OF CREDIT CONTRACT WITH INYO WITHOUT THE PERMISSION OF THE TULARE LOCAL HEALTHCARE DISTRICT’S BOARD, AND WITHOUT DISCLOSING TO THEM, OR THE PUBLIC, THAT HE HAD CAUSED TRMC TO EXTENDED A LINE OF CREDIT TO SIDH SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 7 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 13 On or about January 2, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR TO THE USE OF ANOTHER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 08/18/17 WHEN INVESTIGATOR RODNEY KLASSEN INTERVIEWED WITNESS P.P., WHO ALLEGED THAT HEALTH CARE CONGLOMERATE ASSOCIATES, INC (HCCA), A COMPANY WHOLLY OWNED BY DR. BENZEEVI, HAD BEEN DIVERTING FUNDS FROM TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) TO SUPPORT ANOTHER DISTRICT HOSPITAL HCCA MANAGED IN INYO COUNTY, The crime of PC 424(a), , EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTY BY PUBLIC OFFICERS; MISAPPROPRIATION ; UNAUTHORIZED LOAN, USE OR PRIVATE PROFIT, FAILURE TO PAY OVER OR TRANSFER PUBLIC MONEYS, was not uncovered until that date because the DEFENDANTS CONTROLLED THE OPERATIONS, ACCOUNTS, AND FINANCES OF THE TRMC AND USED THEIR POSITIONS OF TRUST TO CARRY OUT THE ILLEGAL ACTIVITY IN SECRECY AND WITHOUT PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 8 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 14 On or about and between January 2, 2016 and November 23, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER , in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR THE USE OF ANOTHER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 08/18/17 WHEN INVESTIGATOR RODNEY KLASSEN INTERVIEWED WITNESS P.P., WHO ALLEGED THAT HEALTH CARE CONGLOMERATE ASSOCIATES, INC (HCCA), A COMPANY WHOLLY OWNED BY DR. BENZEEVI, HAD BEEN DIVERTING FUNDS FROM TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) TO SUPPORT ANOTHER DISTRICT HOSPITAL HCCA MANAGED IN INYO COUNTY, The crime of PC 424(a), , EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTY BY PUBLIC OFFICERS; MISAPPROPRIATION ; UNAUTHORIZED LOAN, USE OR PRIVATE PROFIT, FAILURE TO PAY OVER OR TRANSFER PUBLIC MONEYS, was not uncovered until that date because the DEFENDANTS CONTROLLED THE OPERATIONS, ACCOUNTS, AND FINANCES OF THE TRMC AND USED THEIR POSITIONS OF TRUST TO CARRY OUT THE ILLEGAL ACTIVITY IN SECRECY AND WITHOUT PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 9 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 15 On or about and between January 2, 2016 and November 23, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER , in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR TO THE PERSONAL USE OF ANOTHER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 08/18/17 WHEN INVESTIGATOR RODNEY KLASSEN INTERVIEWED WITNESS P.P., WHO ALLEGED THAT HEALTH CARE CONGLOMERATE ASSOCIATES, INC (HCCA), A COMPANY WHOLLY OWNED BY DR. BENZEEVI, HAD BEEN DIVERTING FUNDS FROM TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) TO SUPPORT ANOTHER DISTRICT HOSPITAL HCCA MANAGED IN INYO COUNTY, The crime of PC 424(a), , EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTY BY PUBLIC OFFICERS; MISAPPROPRIATION ; UNAUTHORIZED LOAN, USE OR PRIVATE PROFIT, FAILURE TO PAY OVER OR TRANSFER PUBLIC MONEYS, was not uncovered until that date because the DEFENDANTS CONTROLLED THE OPERATIONS, ACCOUNTS, AND FINANCES OF THE TRMC AND USED THEIR POSITIONS OF TRUST TO CARRY OUT THE ILLEGAL ACTIVITY IN SECRECY AND WITHOUT PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 10 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 16 On or about and between January 2, 2016 and November 23, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OF THE USE OF ANOTHER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 08/18/17 WHEN INVESTIGATOR RODNEY KLASSEN INTERVIEWED WITNESS P.P., WHO ALLEGED THAT HEALTH CARE CONGLOMERATE ASSOCIATES, INC (HCCA), A COMPANY WHOLLY OWNED BY DR. BENZEEVI, HAD BEEN DIVERTING FUNDS FROM TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) TO SUPPORT ANOTHER DISTRICT HOSPITAL HCCA MANAGED IN INYO COUNTY, The crime of PC 424(a), , EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTY BY PUBLIC OFFICERS; MISAPPROPRIATION ; UNAUTHORIZED LOAN, USE OR PRIVATE PROFIT, FAILURE TO PAY OVER OR TRANSFER PUBLIC MONEYS, was not uncovered until that date because the DEFENDANTS CONTROLLED THE OPERATIONS, ACCOUNTS, AND FINANCES OF THE TRMC AND USED THEIR POSITIONS OF TRUST TO CARRY OUT THE ILLEGAL ACTIVITY IN SECRECY AND WITHOUT PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 11 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 17 On or about and between September 1, 2016 and June 1, 2017, in the County of Tulare, the crime of GRAND THEFT OF PERSONAL PROPERTY, in violation of PENAL CODE SECTION 487(a), a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who did unlawfully, take money and personal property of a value exceeding Nine Hundred Fifty Dollars ($950), to wit FRAUDULENTLY APPROPRIATE PROPERTY WHICH HAD BEEN ENTRUSTED TO HIM the property of TULARE LOCAL HEALTHCARE DISTRICT DBS TULARE REGIONAL MEDICAL CENTER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 08/18/17 WHEN INVESTIGATOR RODNEY KLASSEN INTERVIEWED WITNESS P.P., WHO ALLEGED THAT HEALTH CARE CONGLOMERATE ASSOCIATES, INC (HCCA), A COMPANY WHOLLY OWNED BY DR. BENZEEVI, HAD SENT EQUIPMENT OWNED BY TULARE HOSPITAL TO ANOTHER HOSPITIAL HCCA MANAGED IN INYO COUNTY, The crime of PC 487(a), GRAND THEFT, was not uncovered until that date because the DEFENDANTS CONTROLLED THE OPERATIONS, ACCOUNTS, AND FINANCES OF THE TULARE LOCAL HEALCHARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER, & USED THIER POSITIONS OF TRUST TO CARRY OUT THE ILLEGAL ACTIVITIES IN SECRECY AND WITHOUT PUBLIC SCRUTINY SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. 12 WARRANT COUNT 18 On or about July 19, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, DEFENDANT BENZEEIV WAS THE MANAGER FOR, AND DEFENDANT ALAN GERMANY WAS THE CHIEF RESTRUCTURING OFFICER FOR, SOUTHERN INYO HEALTH CARE DISTRICT, had a financial interest in a contract made by the defendant in an official capacity. COUNT 19 On or about and between January 2, 2016 and November 23, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and ALAN WALTER GERMANY, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONALUSE OR THE USE OF ANOTHER. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI and ALAN WALTER GERMANY It is further alleged, as to the above count, that the above violation was not discovered until 10/17/17 WHEN ASHLY MCDOWD, AN ATTORNEY WORKING FOR THE SOUTHERN INYO HEALTH CARE DISTRICT, FILED A DECLARATION IN FEDERAL BANKRUPTCY COURT ACCUSING HCCA OF MISAPPROPRIATING DISTRICT FUNDS, The crime of PC 424(a), EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICERS; MISAPPROPRIATION ; UNAUTHORIZED LOAN, USE OR PRIVATE PROFIT, FAILURE TO PAY OVER OR TRANSFER PUBLIC MONEYS, was not uncovered until that date because the DEFENDANT YORAI BENZEEVI OWNED AND CONTROLLED HCCA, THE HOSPITALS MANAGEMENT COMPANY, AND ALAN GERMANY WAS THE CHIEF RESTRUCTURING OFFICER (CRO) OF SIHD. THE DEFENDANTS USED THEIR POSITIONS OF TRUST TO CARRY ON THE ILLEGAL ACTIVITY IN SECRECY AND WITHOUT PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. 13 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE ALAN WALTER GERMANY It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT A.G. RESIDES IN ARIZONA. HE CEASED WORKING IN TULARE CA. ON 11/23/17. HIS SUBSEQUENT EMPLOYMENT HAS BEEN OUTSIDE OF THE STATE OF CALIFORNIA. COUNT 20 On or about July 31, 2015, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the above violation was not discovered until 09/27/17 WHEN DEFENDANT DR. YORAI BENZEEVI FILED A DEED OF TRUST ON PROPERTY OWNED BY THE TULARE LOCAL HEALTH CARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) IN WHICH HE LISTED VARIOUS DEBTS HE CLAIMED WERE OWED TO HIM. IN THIS DOCUMENT, HE LISTED THE SAME DATES AND AMOUNTS LISTED IN THE PROMISOSRY NOTES, The crime of GC 1090 , CONFLICTS OF INTEREST CONTRACT, SALES, AND PURCHASES, was not uncovered until that date because the DEFENDANT YORAI BENZEEVI CREATED THESE DOCUMENTS IN SECRET, AUTHORIZING LOANS FROM HIS COMPANY (HCCA) TO TULARE REGIONAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) AS THE CEO OF TRMC. THESE PROMISSORY NOTES WERE NOT VOTED UPON BY THE BOARD NOR MADE PUBLICALLY AVAILABLE, AND WERE THUS CONCEALED FROM PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. COUNT 21 On or about July 31, 2016, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. 14 WARRANT SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-LATE DISCOVERY YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the above violation was not discovered until 09/27/17 WHEN DEFENDANT DR. YORAI BENZEEVI FILED A DEED OF TRUST ON PROPERTY OWNED BY THE TULARE LOCAL HEALTH CARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) IN WHICH HE LISTED VARIOUS DEBTS HE CLAIMED WERE OWED TO HIM. IN THIS DOCUMENT, HE LISTED THE SAME DATES AND AMOUNTS LISTED IN THE PROMISOSRY NOTES, The crime of GC 1090 , CONFLICTS OF INTEREST CONTRACT, SALES, AND PURCHASES, was not uncovered until that date because the DEFENDANT YORAI BENZEEVI CREATED THESE DOCUMENTS IN SECRET, AUTHORIZING LOANS FROM HIS COMPANY (HCCA) TO TULARE REGIONAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) AS THE CEO OF TRMC. THESE PROMISSORY NOTES WERE NOT VOTED UPON BY THE BOARD NOR MADE PUBLICALLY AVAILABLE, AND WERE THUS CONCEALED FROM PUBLIC SCRUTINY. SPECIAL ALLEGATION-STATUTE OF LIMITATIONS-OUT OF STATE YORAI BENNY BENZEEVI It is further alleged, as to the above count, that the statute of limitations has been extended pursuant to Penal Code section 803(d) in that the DEFENDANT FLIGHT RECORDS INDICATE THAT Y.B. DEPARTED THE USA ON 03/01/19 AND HAS NOT RETURNED TO COUNTRY SINCE. COUNT 22 On or about December 21, 2016, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), specifically, TULARE LOCAL HEALTHCARE DISTRICT, had a financial interest in a contract made by the defendant in an official capacity. COUNT 23 On or about December 28, 2016, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), specifically, TULARE LOCAL HEALTHCARE DISTRICT, had a financial interest in a contract made by the defendant in an official capacity. COUNT 24 On or about December 29, 2016, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. 15 WARRANT COUNT 25 On or about December 30, 2019, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. COUNT 26 On or about December 30, 2019, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. COUNT 27 On or about March 31, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. COUNT 28 On or about July 21, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. COUNT 29 On or about July 31, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically CEO AND MANAGER OF THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC), had a financial interest in a contract made by the defendant in an official capacity. 16 WARRANT COUNT 30 On or about and between December 1, 2016 and November 23, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR TO THE USE OF ANOTHER. COUNT 31 On or about and between March 1, 2017 and July 31, 2017, in the County of Tulare, the crime of FAILURE TO DISCLOSE CAMPAIGN CONTRIBUTION, in violation of GOVERNMENT CODE SECTION 91000, a MISDEMEANOR, was committed by YORAI BENNY BENZEEVI, who did willfully and made campaign contributions in excess of $230,000.00 and failed to report said contributions as required by GOVERNMENT CODE SECTION 82400(b). COUNT 32 On or about July 31, 2017, in the County of Tulare, the crime of FAILURE TO FILE A STATEMENT OF ECONOMIC INTEREST, in violation of GOVERNMENT CODE SECTION 91000, a MISDEMEANOR, was committed by YORAI BENZEEVI, ALAN GERMANY, AND BRUCE GREENE, who did willfully and unlawfully fail to file a statement of economic interest required by the Tulare Local Healthcare District’s (TRMC) conflict of interest code in violation of GOVERNMENT CODE SECTION 87300. COUNT 33 On or about June 20, 2017, in the County of Tulare, the crime of USING AN OFFICIAL POSITION FOR PERSONAL GAIN, in violation of GOVERNMENT CODE SECTION 87100, a Misdemeanor, was committed by YORAI BENNY BENZEEVI, ALAN WALTER GERMANY and BRUCE RANDOLPH GREENE, who was a state or local government official, specifically, YORAI BENZEEVI CEO OF TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) & OWNER OF TRMC’s MANAGER, HCCA, ALAN GERMANY, CFO OF TRMC and BRUCE GREENE ATTORNEY & BOARD COUNSEL OF TRMC and made, participated in making, or attempted to use his official position to influence, a governmental decision in which he knew, or had reason to know, he had a financial interest. 17 WARRANT COUNT 34 On or about and between July 26, 2017 and August 23, 2017, in the County of Tulare, the crime of USING AN OFFICIAL POSITION FOR PERSONAL GAIN, in violation of GOVERNMENT CODE SECTION 87100, a Misdemeanor, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who was a state or local government official, specifically, YORAI BENZEEVI CEO OF TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) & OWNER OF TRMC’s MANAGER, HCCA, and BRUCE GREENE, ATTORNEY & BOARD COUNSEL OF TRMC, and made, participated in making, or attempted to use his official position to influence, a governmental decision in which he knew, or had reason to know, he had a financial interest. COUNT 35 On or about August 23, 2017, in the County of Tulare, the crime of USING AN OFFICIAL POSITION FOR PERSONAL GAIN, in violation of GOVERNMENT CODE SECTION 87100, a Misdemeanor, was committed by BRUCE RANDOLPH GREENE, who was a state or local government official, specifically, BRUCE GREENE ATTORNEY & BOARD COUNSEL FOR TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) & and made, participated in making, or attempted to use his official position to influence, a governmental decision in which he knew, or had reason to know, he had a financial interest. COUNT 36 On or about August 23, 2017, in the County of Tulare, the crime of CONSPIRACY TO COMMIT A CRIME, in violation of PENAL CODE SECTION 182(a)(1), a FELONY, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who did unlawfully conspire together and with another person and persons whose identity is unknown to commit the crime of DISTURBANCE OF PUBLIC ASSEMBLE OF MEETING, in violation of Section 403, of the PENAL Code, a Misdemeanor and that pursuant to and for the purpose of carrying out the objects and purposes of the aforesaid conspiracy, the said DEFENDANT committed the following overt act and acts at and in the County of TULARE: 1) On 8/23/2017 at 3:07p.m., Bruce Greene sent an email canceling the scheduled board meeting. 2) On 8/23/2017 at 4:00p.m., Bruce Greene sent an additional email canceling the board meeting 3) On 8/23/2017 Yorai Benzeevi instructed employees to report a disturbance at the meeting to Tulare Police Department. 18 WARRANT COUNT 37 On or about August 31, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, ALAN WALTER GERMANY and BRUCE RANDOLPH GREENE, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, DEFENDANT BENZEEVI WAS CEO AND MANAGER, DEFENDANT GERMANY WAS CFO OF, AND DEFENDANT GREENE WAS ATTORNY & BOARD COUNSE FOR, THE TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) and made, participated in making, or attempted to use he/she official position to influence, a governmental decision in which he/she knew, or had reason to know, he/she had a financial interest. COUNT 38 On or about August 31, 2017, in the County of Tulare, the crime of GRAND THEFT OF PERSONAL PROPERTY, in violation of PENAL CODE SECTION 487(a), a FELONY, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who knowingly and designedly, by a false and fraudulent representation and pretense, obtain money, labor and real and personal property by fraud from CELIC LEASING, specifically, $3,000,000.00, which had a value exceeding nine hundred fifty dollars ($950). COUNT 39 On or about August 31, 2017, in the County of Tulare, the crime of CONSPIRACY TO DEFRAUD ANOTHER OF PROPERTY, in violation of PENAL CODE SECTION 182(A)(4), a FELONY, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who did unlawfully conspire together and with another person and persons whose identity is unknown to cheat and defraud TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) of property, by means which are criminal, and obtain money and property by false pretense and by false promises with fraudulent intent not to perform such promises; that pursuant to and for the purpose of carrying out the objects and purposes of the aforesaid conspiracy, the said DEFENDANTS committed the following overt act and acts at and in the County of TULARE: 1) 2) 3) 4) 5) 6) Defendant Benzeevi proposed resolution 852, which allowed him to obtain financing for the hospital, to the TRMC Board on 6/20/2017. At this meeting, Defendant Benzeevi did not declare his conflicts of interest and recuse himself, as required by law. At the 6/20/2017 board meeting, Defendant Benzeevi did not declare the full amount of money he claimed was owed to him or his intention to use the money raised to pay himself the debts he claimed. At the 6/20/2017 meeting, Defendant Benzeevi promised he would use any money raised through Resolution 852 in the best interest of the hospital. Defendant Greene caused the declaration of Senovia Gutierrez’s election to be placed in the “Chair Announcement” section of the July 26th Board Meeting Agenda. Shortly before the meeting, Defendant Greene told Board Members that Senovia Gutierrez could not be declared a Board Member because her election was in the wrong part of the agenda, and therefore she did not have the status of a Board Member despite her lawful election to that position. 19 WARRANT 7) 8) 9) 10) 11) 12) 13) 14) Defendant Greene and Defendant Benzeevi refused to recognize elected Board Member Senovia Gutierrez’s vote to rescind Resolution 852. Defendant Greene and Defendant Benzeevi refused to recognize elected Board Member Senovia Gutierrez’s vote to terminate Defendant Greene and his law firm. Defendant Greene purported to cancel the next regularly scheduled Board Meeting on 8/23/2017 in order to prevent the Board from voting again to revoke Resolution 852. Defendant Greene wrote a legal opinion letter to Celtic Leasing stating the transaction was legal under California Law. Defendant Benzeevi signed the “Purchase/Leaseback Agreement and Bill of Sale” with Celtic Leasing Corp. on 8/30/2017. On 09/05/17 Bruce Greene sent an email demanding payment from the proceeds of the Celtic transaction. On 9/11/2017 Defendant Benzeevi transferred $499,727.93 of the proceeds from the Celtic transaction to BakerHostetler, Defendant Greene’s law firm. On 9/13/2017 Defendant Benzeevi transferred $2.4 million of the proceeds of the Celtic transaction to his personal bank account. COUNT 40 On or about and between September 11, 2017 and September 13, 2017, in the County of Tulare, the crime of GRAND THEFT BY EMBEZZLEMENT OF PUBLIC FUNDS, in violation of PENAL CODE SECTION 514, a Felony, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who fraudulently appropriated public funds exceeding nine hundred fifty dollars ($950) in value, and/or secreted those funds with a fraudulent intent to appropriate them, while serving as an OFFICER OF TULARE LOCAL HEALTHCARE DISTRICT DBA TULARE REGIONAL MEDICAL CENTER OR DEUPTY CLERK OR A SERVANT OF AN OFFICER, specifically, DEFENDANT BENZEEVI AS CEO and MANAGER OF TULARE LOCAL HEALTCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER (TRMC) and DEFENDANT GREENE, ATTORNEY AND BOARD COUNSEL FOR TRMC, to a use or purpose not in the due and lawful execution of his trust, in his possession and/or under his control by virtue of that trust was an OFFICER OF TULARE LOCAL HEALTHCARE DISTRICT DBA TULARE REGIONAL MEDICAL CENTER (TRMC) OR DEUPTY CLERK OR A SERVANT OF AN OFFICER, specifically, DEFENDANT BENZEEVI AS CEO and MANAGER OF TRMC and ATTORNEY GREENE, AS ATTORNEY AND BOARD COUNSEL FOR TRMC, and, who fraudulently appropriated to a use or purpose not in the due and lawful execution of that trust, public funds in his possession and/or under his control by virtue of that trust, and/or secreted those funds with a fraudulent intent to appropriate them. The funds amounted to $3,000,000.00, thus exceeding nine hundred fifty dollars ($950). COUNT 41 On or about and between September 11, 2017 and September 13, 2017, in the County of Tulare, the crime of EMBEZZLEMENT AND FALSIFICATION OF ACCOUNTS BY PUBLIC OFFICER, in violation of PENAL CODE SECTION 424, a FELONY, was committed by YORAI BENNY BENZEEVI and BRUCE RANDOLPH GREENE, who being a person described in section 424 charged with the receipt, safekeeping, transfer, and distribution of public moneys, did in a manner not incidental and minimal WITHOUT AUTHORITY OF LAW, APPROPRIATE THE SAME,& A PORTION THEREOF, TO PERSONAL USE OR TO THE USE OF ANOTHER. 20 WARRANT COUNT 42 On or about September 24, 2017, in the County of Tulare, the crime of CONFLICT OF INTEREST, in violation of GOVERNMENT CODE SECTION 1090, a Felony, was committed by YORAI BENNY BENZEEVI, who was a DISTRICT OFFICER OR EMPLOYEE, specifically, CEO AND MANAGER OF TULARE LOCAL HEALTHCARE DISTRICT dba TULARE REGIONAL MEDICAL CENTER, (TRMC), had a financial interest in a contract made by the defendant in an official capacity. COUNT 43 On or about September 24, 2017, in the County of Tulare, the crime of FILING FALSE OR FORGED INSTRUMENT, in violation of PENAL CODE SECTION 115(a), a FELONY, was committed by YORAI BENNY BENZEEVI, who did willfully, unlawfully and knowingly procure and offer a false and forged instrument to be filed, registered, and recorded in a public office within this state, which instrument, if genuine, might be filed, registered, and recorded under a law of this state or the United States. COUNT 44 On or about December 30, 2016, in the County of Tulare, the crime of MONEY LAUNDERING , in violation of PENAL CODE SECTION 186.10(A), a FELONY, was committed by YORAI BENNY BENZEEVI, who did unlawfully conduct and attempt to conduct a transaction involving a monetary instrument or instruments of a value exceeding $700,000 through a financial institution with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of any criminal activity, to wit: VIOLATIONS OF 424(a), or knowing that the monetary instrument represented the proceeds of, and was derived directly or indirectly from the proceeds of, criminal activity. COUNT 45 On or about September 11, 2017, in the County of Tulare, the crime of MONEY LAUNDERING , in violation of PENAL CODE SECTION 186.10(A), a FELONY, was committed by YORAI BENNY BENZEEVI & BRUCE RANDOLF GREENE, who did unlawfully conduct and attempt to conduct a transaction involving a monetary instrument or instruments of a value exceeding $499,727.93 through a financial institution with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of any criminal activity, to wit: VIOLATIONS OF 424(a), PENAL CODE 487(a), AND PENAL CODE 514, or knowing that the monetary instrument represented the proceeds of, and was derived directly or indirectly from the proceeds of, criminal activity. 21 WARRANT COUNT 46 On or about September 13, 2017, in the County of Tulare, the crime of MONEY LAUNDERING, in violation of PENAL CODE SECTION 186.10(A), a FELONY, was committed by YORAI BENNY BENZEEVI, who did unlawfully conduct and attempt to conduct a transaction involving a monetary instrument or instruments of a value exceeding $2.4 MILLION through a financial institution with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment, and carrying on of any criminal activity, to wit: VIOLATIONS OF 424(a), ), PENAL CODE 487(a), AND PENAL CODE 514, or knowing that the monetary instrument represented the proceeds of, and was derived directly or indirectly from the proceeds of, criminal activity. SPECIAL ALLEGATION- MONEY LAUDNERING OVER $2.5 MILLION It is further alleged, as to counts 44, 45, and 46, that value of the total transactions exceed two million five hundred thousand dollars ($2,500,000.00), within the meaning of PC 186.10(c)(1)(D). SPECIAL ALLEGATION-AGGRAVATED WHITE COLLAR CRIME It is further alleged, pursuant to Penal Code 186.11(a), that the offenses set forth in counts 17, 30, 38, 39, 40, 43, 44, 45, 46 are related felonies, a material element of which is fraud and embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of more than Five Hundred Thousand Dollars ($500,000). SPECIAL ALLEGATION-AGGRAVATED WHITE COLLAR CRIME It is further alleged, in regards to defendant YORAI BENNY BENZEEVI,, pursuant to Penal Code 186.11(a), that the offenses set forth in counts 1, 2, 3, 4, 5, 8, 12, 13, 14, 15, 16, 17, 19, 30, 38, 39, 40, 41, 43, 44, 45, & 46 are related felonies, a material element of which is fraud and embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of more than Five Hundred Thousand Dollars ($500,000). SPECIAL ALLEGATION-AGGRAVATED WHITE COLLAR CRIME It is further alleged, in regards to defendant ALAN WALTER GERMANY, pursuant to Penal Code 186.11(a), that the offenses set forth in counts 1, 2, 3, 4, 5, 8 12, 13, 14, 15, 16, 17, & 19, are related felonies, a material element of which is fraud and embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of more than Five Hundred Thousand Dollars ($500,000). SPECIAL ALLEGATION-AGGRAVATED WHITE COLLAR CRIME It is further alleged, in regards to defendant BRUCE RANDOLF GREENE,, pursuant to Penal Code 186.11(a), that the offenses set forth in counts 8, 38, 39, 40, 41, & 45, are related felonies, a material element of which is fraud and embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of more than Five Hundred Thousand Dollars ($500,000). 22 WARRANT ******** Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. Pursuant to People v. Cunningham, the People hereby put the defendant on notice that the aggravated sentence may be sought in this case. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS COMPLAINT CONSISTS OF 46 COUNT(S). Executed at VISALIA DIVISION, California, on August 11, 2020. _______________________________________ TREVOR HOLLY DEPUTY DISTRICT ATTORNEY Agency: TCDA DEFENDANT NAME YORAI BENNY BENZEEVI ALAN WALTER GERMANY BRUCE RANDOLPH GREENE SEX M M M RACE W W W HGT 600 510 601 COMPLAINT PROCESSED BY: AA 23 WGT 180 175 200 EYES HAZ BRO BRO HAIR BRO BRO GRY COURT DATE INTAKE STATUS WA WA WA