Motion-Secondary: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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ELECTRONICALLY

SCOTT D. LONG (SBN203505) FILED
Fidelity National Law Group Supertor Court of California,
A a of Fidelity National Title Group, Inc. County of San Francisco
1550 Parkside Drive, Suite 300
Walnut Creek, CA 94596 06/25/2015
Telephone: (925) 280-3362 Clerk of the Court
Facsimile: (925) 930-9588 BY-MICHAEL RAYRAY
Deputy Clerk

Attorneys for Commonwealth Land Title
Insurance Company

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

COMMONWEALTH LAND TITLE CASE NO. CGC-10-503332
INSURANCE COMPANY, (Consolidated for all purposes with CGC-11-
512102)
Plaintiff,

Reservation No. 05060709-02
vs.
DECLARATION OF SCOTT D. LONG IN
FEDEX OFFICE AND PRINT SERVICES, SUPPORT OF PLAINTIFF

INC.; WINSTON LUM; KAUSHAL COMMONWEALTH LAND TITLE
NIROULA; JAY CHANDRAKANT INSURANCE COMPANY’S OPPOSITION
SHAH; ELVIA PALOMINO; MORAD TO DEFENDANT JAY SHAH’S MOTION
AFRAIMI; MELVIN LEE EMERICH; FOR LEAVE TO FILE CROSS-

MARTINI & CHNOOGLE; GRACHELLE COMPLAINT
LANGUBAN; MERCHANTS BONDING

COMPANY, and DOES 1-25. Date: June 9, 2015
Time: 9:30 a.m.
Defendants. Dept.: 302

Trial Scheduled: August 31, 2015

I, Scott D. Long, state as follows:

1. Tam an attorney for Commonwealth Land Title Insurance Company in the above
referenced action. I know the following facts of my own personal knowledge except for the
matters stated on information and belief. As to those matters stated on information and belief, I
have reviewed, seen or collected information from reliable sources to so as to inform my belief
in the matter.

2. Please find attached as Exhibit A, a true and correct copy of the Consolidated
and Second Amended Felony Complaint, San Francisco County Superior Court, Case Nos.

10018652, 10009193, 100009191, and 10003838, asserted against Jay Shah and his criminal

1
DECL. OF SCOTT D. LONG ISO OPPOSITION TO SHAH MOT. FOR LEAVEco-conspirators. Plaintiff Commonwealth requests that this Court take judicial notice of this
document pursuant to California Evidence Code section 452.

3. Please find attached as Exhibit B, a true and correct copy of the San Francisco
County Superior Court Minutes dated September 19, 2012 in San Francisco County
Superior Court, Case Nos. 10018652, 10009193, 100009191, and 10003838, asserted
against Jay Shah and his criminal co-conspirators. Plaintiff Commonwealth requests that this
Court take judicial notice of this document pursuant to California Evidence Code section 452.

4, On September 8, 2010, Commonwealth filed its civil complaint against Shah
and others involved in the criminal scheme, including FedEx as the employer of the notary
who notarized the fraudulent deeds and deeds of trust. Plaintiff Commonwealth requests that
this Court take judicial notice of this fact pursuant to California Evidence Code section 452.

5. Shah responded to the complaint by filing an Answer on December 30, 2010.
Plaintiff Commonwealth requests that this Court take judicial notice of this fact pursuant to
California Evidence Code section 452.

6. In January 2014, Commonwealth and Hwang settled their claims against
FedEx at mediation with Michael Ornstil of JAMS. I communicated directly with counsel
who attended the mediation on Commonwealth’s behalf and was informed of this
settlement. I subsequently reviewed the settlement documents and saw the documents
signed by all of the parties. I also spoke with the claims attorney involved in the case on
behalf of Commonwealth and was informed that all parties had performed all acts required
of them in the settlement agreement.

7. As the result of an office clerical error, Commonwealth filed its Request for
Dismissal of FedEx on May 8, 2015, though Commonwealth had considered FedEx
dismissed from the case for over a year before then. In my discussions with the claims
attorney involved in the case on behalf of Commonwealth in May 2015, he had assumed that
the dismissals had been entered a year ago.

Mt

2
DECL. OF SCOTT D. LONG ISO OPPOSITION TO SHAH MOT. FOR LEAVE.I declare under penalty of perjury, under the laws of the State of California, that the

above is true and correct. Executed on June 25, 2015, in Walnut Cro

Scott D. Long

3
DECL. OF SCOTT D. LONG ISO OPPOSITION TO SHAH MOT. FOR LEAVEAR YW ON

PROOF OF SERVICE

Tam employed in the County of Contra Costa, State of California. I am over the age of 18 years and not
a party to the within action. My business address is 1550 Parkside Drive, Suite 300, Walnut Creek, California
94596. On June 25, 2015, I served the within document DECLARATION OF SCOTT D. LONG IN
SUPPORT OF PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY’S
OPPOSITION TO DEFENDANT JAY SHAH’S MOTION FOR LEAVE TO FILE CROSS-
COMPLAINT on the parties in said action by placing a true copy thereof as indicated below, addressed as

follows:

Attorney for Shirley Hwang
Morgan Lopez, Esq.

Glynn & Finley, LLP

One Walnut Creek Center

100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596
Fax: (925) 945-1975
mlopez@GlynnFinley.com

In Pro Per Defendant
Winston Lum, AP2537
CCC Legal Mail Dept.
P.O. Box 790

Susanville, CA 96127-0790

Attorneys for Fed-Ex Office and Print Services
Michael L, Smith, Esq.

Manning & Kass

2 Rincon Center

121 Spear St. Suite 200

San Francisco, CA 94105

Fax: (415) 217-6999

mls@manningllp.com

Attorneys for Jay C. Shah and Elvia Palomino
***BY OVERNIGHT ONLY

Dylan L. Schaffer

J. Edward Kerley

Kerley Schaffer LLP

1939 Harrison St., Suite 500

Oakland, CA 94612

PH: 510.379.5801

Attorney Pro Se

Melvin L. Emerich

209 Portola Court

Los Altos, CA 94022
mlemerich@yahoo.com
Co-Counsel for Fed-Ex Office and Print Services
Laurie Book, Esq.

Clinton & Clinton

100 Oceangate Blvd., 14" Fl.
Long Beach, CA 90802

Fax: (562) 216-5001
Ibook@clinton-clinton.com

X

and correct.

Dated: June 25, 2015

BY MAIL: I caused such envelope(s) with postage thereon fully prepaid to be placed for collection and}
mailing at my place of business. Following ordinary business practices, said correspondence will be|
deposited with the United States Postal Service at Walnut Creek, California, on the referenced date in the]
ordinary course of business. There is delivery service by United States mail at the place so addressed in
the City of Walnut Creek, County of Contra Costa, State of California.

BY OVERNIGHT MAIL: I caused such copies to be placed in envelopes designated by the|
express carrier, Golden State Overnight, with delivery fees provided for and deposited those]
envelopes in a pickup box regularly maintained by Golden State Overnight.

BY ELECTRONIC MAIL: | caused such document(s) to be delivered electronically to the email
address(es) on the service list as agreed upon the parties.

I declare under the penalty of perjury under the laws of the State of California, that the foregoing is true

RLENA NOBLE:

Proof of ServiceEXHIBIT A_ KAMALA D. HARRIS (State Bar No. 146672) Poor a

District Attorney :

* San Francisco District Attorney’ 7 Office . San Francisco County Superior Court
-732, Brannan Street eee .
San Francisco, CA, “94103 ; ; ; OCT 2 8 2010

Telephone: (415):553-1752

: ATTORNEYS FOR THE PEOPLE»

THE SUPERIOR ‘COURT OF THE STATE OF CALIFORNIA
oy CTY AND. COUNTY OF SAN FRANCISCO :

THE. PEOPLE OF THE STATE OF CALIFORNIA a CONSOLIDATED 1 AND
pI : - | SECOND: AMENDED *:
vo fae: ee FELONY COMPLAINT
: oe ’ | CASE'NUMBER(S):
: KAUSHAL NIROULA : af Eee
GRACHEELE C: LANGUBAN- ‘ALSO KNOWN AS” 10018652 *
: ‘ GRACHELLE FE. CANO. Son
GRACHELL J.:CANO-
_JASLENE C.BANCEL «|
GRACHELL CANO. BANCEL
_JAYCSHAH ae : : . | 10009193
MELVIN L EMERICH ” ° : : 10009191
WINSTON EUM.- - : ee » *,{ 10003838
Defendant(s). eee

‘The Undetsigned, being sworn says, on information and belief, that:

yt Pras “COUNT: E.

“he: said defendants, KAUSHAL, NIROULA;. JAY C SHAH, ‘MELVIN L ‘EMERICH;

“GRA SHELLE: ©. LANGUBAN;- AND--WINSTON- LUM, did. in: the- ity and Couiity. of: Sain
isco; State of California, between the Ist, day of September, . 2008 through the 15th day of
ch; 2010, both days itielusive, “commit the criine ‘of CONSPIRACY TO.COMMIT A CRIME; to
a Violating Section 182(a)(1) of tlie California’ Penal Code, a Felony, in that the said defendants
- did willfully and unlawfully conspire together and with another person(s),.. whose . identity is
unknown; to commit the crimes. of GRAND THEFT, in violation. of section 487(a) of the Penal
€ode, -a felony; FILING FALSE DEEDS,, in violation of ‘sections 115(a) and: 115. 5(a) of the Penal
Code, -a felony; MONEY LAUNDERING, in violation of section 186.10(a) of thé Penal Code, a
felony; that pursuant-to and for the purpose of carrying out the objects and purposes of the aforesaidae

conspiracy, the said. defendant(s) committed the following overt act(s) at and i in the County of San.
Francisco’ and the County of Santa Clara, to wit:

OVERT ACTS
1. On or, about January 14, 2009, defendants Jay. Shah, Kaushal Niroula, and Winston Lu
ith

L. ti: Francisco. Office.,of: the. Assessor: Récorder.a.- grail
g ownership of 425 ist Street, ‘unit 4802, Sati ‘Francisco, from: ‘Shirley Hw: 8 to.

2. ono or: about January 14, 2009, detéidants vig. Shab, Fash Niroula, and Winston: Lum,
‘caiised- to be. filed:-with’ the San Fraiicisco Office. of the “Assessor- Recorder a grant deed’;
ip: of #5 First Street; unit 4902 Saii- n Fratiiseo, from Shitley, Hang,

fe § itoula, and Winst
<éaiiged : to. be filéd with’ “the: “San "Prancisco ‘Office: of the Aséessor:Resorder’ a. grant’ di
trdnsfe: Ting owtiership of “425 First, Street, unit 5501, ‘San Francisco; f from Shitley Hoang
defendant Winston Lum. ,
4, On or about January’ 16, 2609, defendants. Jay Shah; Kaushal Niroula, and Winston.Lum,

faxed two’ letiers.to John Flores of Golden State Home ‘Loans regarding. defendant Winston :

” Lum’s financial background and his reasons for wanting a loan on the real properties located *

a 425 First Street, units 4802, 4902 and. 5501, San Francisco.

5. On or. about January 23, 2009, defendant Jay Shah ‘telephoned, Tran’ 's Escrow and asked.them
to’ open an escrow ‘for. defendant Winston Lum for the real properties: located at 425 First
Street, units 4802, 4902 and 5501,. San Francisco. :

6. On.or: about: January. 31, 2009, defendant Kaushal: Niroula met a real eer: appraiser.at. .;,

7 Onor about. st February. 3; 2009, defendant Jay. Shah:caused: to obe issued a check. in. the: amo
of $200.0n ‘the account.of Telsystems made payable to Martini & Chnoogle; 7

8. On‘or about February. 4, 2009, defendant Melvin Emerich filed the required papers to form a a
Nevada corporation entitled Martini 7 Chnoogle.

“9. On or about February 6, 2009, deferidant Melvin Emerich opened a bak account in the
account name of Martini-& Chnoogle with Colonial National Bank.3955

10.On or about February 10, 2009, defendant Melvin Emerich sent escrow instructions for
Martini & Chnoogle.to Tran’s Escrow regarding escrow for loans on the real ‘properties
located at 425 First Street, units 4802, 4902 and 5501, San Francisco.

: 11, On or about February 14, 2009, defendants Kaushal Niroula and Jay Shah met a real property
appraiser at 425 First Street, San Francisco, and obtained entry into unit 4802, so that the ©

ee appraiser- could-. ~appraise-that:" ‘unit-for- ‘a-loan-taken.on-it-in-the. name. of. defendant-Winston’

: Lum, : :

* 12.0n or about Rebruary 20,. 2009, defendant Jay Shah faxed a document to Tran’ Ss Escrow
. regarding ‘account, infortnation fof an HSBC Bank. account in Panama. and an ‘entity entitled:
*Schwartzwald Betatengesellshaft, S:A.” :

13. ‘Qn: or about Febi
Witte’ “Mortgage 2 i
“Dé Witte Mottgaze eand Kitco Holdings required before. niaking loatis to defendant, Wis
Lum -oh ‘the. real properties located: ‘at. 425 First Street, units: 4802, 4902 ‘and 5501, S
Francisco; ~

14..On' or ‘about February 24, 2009, detndants Kaushal Niroula and Wington-Lum met i
"representatives from:De Witte Mortgage and Kitco Holdings at the’ St Regis Hotel, located-at
\125 Third’ Stréét, San°Francisco, regarding the making of loan’ by’ De-Witte. Mortgage’ and”
. Kiteo: Holdings to defendant Winston Lum on the real properties located at 425 First Street,
units 4802, 4902 and 5501, San Francisco.

15.On or about February 25, 2009, defendants Jay Shah, Kaushal Niroula, Melvin Emmerich and
Winston Lum caused’ to be filed: with the San Francisco Office of the Assessor-Recorder a
deed of trust pertaining to'425 First Stréet, unit 4902, San Francisco.

16. On ofabout at February 26,2009, “defendants Jay “Shah, Kaushal Niroula, Melvin Emerich ‘and:
“Winston lam. caused to be, filed With: the San Francisco Office: of the ‘Assessor: Reco
. deed of trust pertaining’ to 425: First: ‘Street, unit 4802, San Francisco: :

17: On. or about Febiualy 26, 2009,. ‘deferidants Jay. ‘Shah, Kaushal Niroula, Melviti Emeri¢h-and -,
‘Winistoit Lim caused to, be’ filed: withthe San Francisco ‘Office of the Assessor-Redordéi:a... ..
deed ‘of: trust pertaining to 425 First Street, unit 5501, San Francisco.

18. On or © about February 28, 2009, deféndants Jay Shah, Kaushal Niroula and Meivin Emerich,
arranged to have notary public Wai Chui Yip notarize the signature. of deferidant Winston .

Lum on Joan documents pertaining to 425 First Street, units"4902, 4802 and 5501,-San
Francisco: : . :

19.On or about March 6, 2009; Tran’s Escrow, acting-on instructions from defendants Jay Shah ~
and Winston Lum, disbursed checks from the loans taken out on the real property located: at
425 First Street, units 4802, 2902, and 5501, to the following persons or ‘entities:’ Lum : .7 Be On or abdut March 9, 2009, ‘defendant Meivin Emetict issued ‘ ’ weir el
~~ Bank account of Martini & Cheeze in the asnount of $19,999. 99, payable to, ACH. Loan :

International (two' checks), Martini & & Chnoogle, Winston Lum, David Tran, and« the City and
* County of San Francisco.

20. On or about March 6, 2009, defendant Melvin Emerich deposited a check payable to Martini
& Chnoogle from Tran’s Escrow i in the amount of $601,069 into the Colonial Bank account
of waa & Chnoogle.

—21-Of-or-about-March-6,-2009,- defendant Melvin. Emetich- issued-a_check.. from the-Colonial.-

Bank account of Martini & ‘Chnoogle 3 in the amount to $15, 000, payable to, Melvin Emerich.

: 22. On or. about March 9, 2009, defendant Melvin Emerich issued a check fromthe Colonial

* Bank: account of Martini & Chnoogle’ in: the amount of $50, 000, Payable tc to Vishnu ‘ne.. dba
Telsystems.. : : :

Service, ae

24. on or abut March 9, 2009, defendant Winston Lum openéd a, bank account at Wells. Filtgo
Bank in an Francisco, and deposited a cheek from. Tran’s Escrow totaling $225, 000 into this os

. account: : 7 : oe

25. On or about March 11, 2009, defendant Jay Shah fatephonea ‘Tran’s. Escrow and asked. hem
to change ‘the two escrow disbursement checks payable to Lum International.

26. On or about. March 11, 2009, defendant Jay Shah, picked’ up from: Tran’ S Escrow the two néw

escrow disburserhent checks payable to Lum International.
27. On or about March 13, 2009, defendant Melvin Emerich issued’ a cheek: fiom the’ Cotoiial
Bank account of Martini & Chnoogle in the amount of, $20, 000, payable’ to Telsystems.

. 28, On. or about Marchi.17, 2009, defendant’ Melvin Emmerich ‘issued :a- chieok from: the Cot6nial :

Bank account of Martini & Chnoogle in the’ amount to’ $10;000; Payable to Melvin Brhorich.

Bank account of Martini-&- Chnoogle. i iit “the amount: to > $10; 000; payable: to-Elvia-Palimino,
the'wife of defendant Jay. Shah.

30. On or about March 20, 2009, dsfendant 1 Melvin’ Emerich issued’a check from the ‘Coloiial

Bank account of Martini-& Chnoogle in the afpount of $15,102.51; payable to Telsystems.

3t. On or about March 24, 2009, defendant Melvin Emerich issued a check, from the Colonial:

Bank account of Martini & Chnoogle in the amount of $20,000, payable to Telsystems.

32. On or about March 27, 2009, defendant Melvin Emerich issued a'check from thé Colonial

Bank’ account of Martini & Chnoogle in the amount to $10,000, payable to cash.

check’ fioin. the Colonial

. 29. On: or abdut : March 17,°2009, defendant Maiwin Emetich: issued atieek from ‘the Colonial .33. On or about April 1, 2009, defendant Melvin Emerich issued a check from the Colonial Bank
account of Martini & Chnoogle i in the amount of $10,000, payable to Telsystems.

34. On or about. May 4,. 2009, defendant Melvin Emerich issued a check from’ the Colonial Bank
“account .of.Martini & Chnoogle in the amount of $160,000, payable to Ocwen Financial
Corp. ore y Lote. a -

35. 0a or about ine 10; 2009, acfondant Melvin: Bimetich issued a check from the Colonial: ©
Bank’ account of: “Martini & Chnovéle i in _ amount ‘to $11,000, payable to cash.

36: On or about August “4, 2009, ‘defendant Melvin’ Binetich issued. a check ftom the Colonial, -.

~~ “Bank actoiint of: Martini & Chnoogle in the amount to sit, 000, payable to Teleystenis Wire, . -

- ALUEGATION’OR EXCESSIVE. TAKING or ‘ekorinty. PURSUANT TO PENAL: CODE. :

: : cbmmissicn’ of the above. offérse, the said i
defendant KAUSHAL NIROULA, JAY.C SHAH;, MELVIN:.L: EMERICH, GRACHELLE. C C. |
LANGUBAN; AND. WINST¢ IN, LUM, with the 86 to-do, took, dantayed, and ‘destroyed, ». ~~.

"property -of a value exceeding’ '$3:200,000, -the property of SHIRLEY “HWANG, DE. WHTE |
MORTGAGE AND KITCO. HOLDINGS, within: the: ‘meaning. of Penal Code section 12022: Seay), - oer |

_ ALLEGATION or COMMITTING OBFENSE IN: SEVERAL JURISDICTIONS PURSUANT
TO PENAL CODE SECTION" BL.

olt is further alleged that part, of: the above public offense’ ‘was conimitted by defendants, “KAUSHAL :
NIROULA, JAY C SHAH, MELVIN .L EMERICH,’ GRACHELLE ‘C. LANGUBAN, AND
WINSTON LUM, jin one: jurisdictional territory.and.part in, another, and that the acts or effects |
requisite to.the above offense’ occurred in two.or mote jubiiictional territories, “inchiding the City 4
and County of San Francisco: 5

ALLEGATION AS ‘10 DEFENDANT KAUSHAL NIROULA:

rihier alleged: that the-said- defendant: “KAUSHAL NIROULA, “committed the above oftense() ~
: while he/she .was released “from. custody in ‘a - felony” offense,” on bail and ‘on ‘his/her. own. °
recognizance, within the meaning of Penal Code Section 12022:1.Hee : a+ a 8858

counr: I

The said. defendants, ‘KAUSHAL NIROULA,, JAY C. SHAH, “MELVIN. L EMERICH,
GRACHELLE, C. LANGUBAN, AND WINSTON LUM, didin tlie City. and County of San

between the Ist. day of September; 2008: through the 15th day: of
Commit the. crime: of. GRANDE “THEFT OF. REAL. PROPERTY, tO

defendants; J

" LANGUBAN, AND WINSEON ‘LUM, with the intent SOI, to: do, took, damage
property of a-Value« exceeding $3,200,000, the ‘property of SHIRLEY HWANG, _ within the ineaning
enal Code section 12022:6(a)(4).. eS

“ALLEGATION. OF COMMITTING OFENSE IN. SEVERAL JURISDICTIONS PURSUANT :
TO. PENAL CODE SECTION 781°

It is further: alleged ‘that part of the: above , public. offense was $ committed by defendarits, KAUSHAL
NIROULA, JAY. C SHAH,. MELVIN E EMERICH, | GRACHELLE- Cc. LANGUBAN,’ AND ©
WINSTON LUM,, in one jurisdictional territory and. part “in: another, and: that ‘the -acts ‘or effects *
requisite to: the above offense occurred in, two’ or, more jurisdictional territories, including. the City
and County of Sn Francisco: ~ 7

ALLEGATION AS'FO SERENDANT KAUSHAL NIROULA: |.

ALLEGATION. OF FELONY. COMMITTED. WHILE ON BAIL AND. ON OWN
TO. PENAL, CODE SECTION i222 1 .

Tei is:further allege
while. é/shé:, was” released: from . caitody- ina. felony “offense, on “ba
recognizance, vps the meaning of Penal Code Section 12022, 1:|
3559 |

~ COUNT: It

‘The said defendants, KAUSHAL, NIROULA, JAY C SHAH, MELVIN ‘LL EMERICH,
GRACHELLE C. LANGUBAN, AND WINSTON LUM; did in the City and County. of San
Fraticisco, State of California, between the Ist day of September, 2008 through the 15th day'.of
March, 2010;. both days, inclusive, commit the crime of IDENTITY THEFT, to’ wit: ‘Violating |
tion’ 530.5(a)-of the Penal:Code,-a Felony, in:that.the said:défendants. did: -willfully.and-unlawfilly eel
1 petsonal identifying: information on SHIRLEY HWANG without authorization, arid used’ that
information for an unlawful purpose and to” obtain, sand attempt to ‘obtain; ‘credit, goods! and services wu
~. and medical information i in the name of SHIRLEY. HWAN G without consent. !

: ALLEG TION: OF: EXCESSIVE ‘TAKING OF PROPERTY PURSUANT. TO PENAL’ CODE

a furthe leged ‘that-in the cominission and attempted Comthission of the above offense, the: said

jcfuanry KAUSHAL NIROULA, JAY C SHAH, -MELVIN L EMERICH, GRACHELLE EPs

LANGUBAN, AND: WINSTON: LUM, with. the intent so to dé, took;. maged;,.and destroyed.

. property, of a value exceéding $3,200,000, the property of SHIRLEY: HWANG, within the meaning
"of Penal: Code section 12022.6(a)(4).

ALLEGATION: OF COMMITTING OFFENSE IN SEVERAL JURISDICTIONS PURSUANT
TO:PENAL CODE SECTION 781

It is ‘further alleged that part of the above public offense was ; committed by defendants, KAUSHAL
NIROULA; JAY C SHAH, MELVIN L EMERICH, GRACHELLE C. LANGUBAN, AND
WINSTON LUM, .in one jurisdictional: territory -and part inanother, and that the acts or effects

requisite to. the above offense occurred.in two or more jurisdictional territories, inclading the City = !
and: County of San Francisco.

ALLEGATION AS TO 0 DEFENDANT KAUSHAL NIROULA:

ALLEGATION OF. .FELONY. COMMITTED. .WHILE. ON.- ‘BAIL AND -ON. OWN
we, RECOGNIZANCE ‘PURSUANT. TO, PENAL: CODE SECTION 12022.1 :
er alleged that: the’ said defendant, KAUSHAL’ NIROULA; committed: the above: gttensegs
while : he/she was. reléased frofa: custody -in’ a felony, offense, on bail and .on his/her. own. ,
recognizance, within the. tieaning of Penal’ Code Section 12022.1: :3560

AS “TO DEFENDANTS KAUSHAL NIROULA, JAY c SHAH, 'GRACHELLE C.
_LANGUBAN, AND WINSTON: LUM ONLY: :

COUNT: IV

.The.-.said defendants, KAUSHAL-NIROULA,-JAY:.C. SHAH, GRACHELLE.C._LANGUBAN,
AND WINSTON LUM, did in'the City and County. of San Francisco, State of California, between +
the 14th day of January, 2009: through the 28th day: ‘of February, 2009,’ botlt:days inclusive, commit
the’crime of FILING FALSE OR FORGED INSTRUMENT, to: wit::Violatitig ‘Section 115(a) of the
California Pénal Code, a Felony,- in that'the said defendants did. unlawfully and knowingly ‘procute
‘and offer a false and ‘forged instiument-to be filed, registeted and recorded in a public: office within.
this state, to wit: GRANT DEED: T0425 FIRST STREET,- UNIT #5501,! SAN FRANCISCO, co

"United. States.

ALLEGATION PURSUANT TO-PENAL CODE SECTION 1152), . :

. Thé'said defendants, KAUSHAE .NIROULA, ‘JAY’ C SHAH, GRACHELLE C: LANGUBAN, :
AND-WINSTON LUM, committed. more than one violation of Penal Code section’ 115(a) with the
intent to deftaud another, and“that the violations-resulted, in’ a cumulative financial ‘loss. exceeding
One Hundred Thousand Dollars ($100,000.00), within’ the meaning of Penal Code section 115(c)(2)-

ALLEGATION EXCESSIVE TAKING OF PROPERTY TURSUANT TO_ PENAL CODE
SECTION. 12022. 6(a)(3)

It is further alleged that in the commission and the attempted commission- of the above offense, ‘the: :
said defenddnts, KAUSHAL NIROULA, JAY C SHAH, GRACHELLE C..LANGUBAN, AND

WINSTON LUM, with the intent-so to. do, ‘took, damaged, and. destroyed. property of.a value-

-exéeeding $1,300,000, the. property of SHIRLEY HWANG, within the meaning. of ‘Penal’ Céde _
section 12022.6(a)(3).

ALLEGATION: OF; COMMATTING OFFENSE IN’ SEVERAL JURISDICTIONS. PURSUANT
TO PENAL COD! SECTIO 7810" :
é ¢ public ‘offense was’ omit by defendants, KA AL,

. jurisdictional -territory-and. part in another, and: ‘that the acts. or effects requisite to. the above offense
occiitred in, two or more, jurisdictional territories, including the ity and County of San Francisco.

ALLEGATION AS TO DEFENDANT KAUSHAL NIROULA:

ALLEGATION OF - FELONY _. COMMITTED WHILE ON’ BAIL AND ON. OWN
RECOGNIZANCE. PURSUANT’TO PENAL CODE SECTION 12022.1 :

It is further alleged that the said defendant, KAUSHAL NIROULA; committed the above offense(s)
while.-he/she was released’ from custody in .a.‘felony offense, on bail and on his/her own
recognizance, within the meaning of Penal Code Section 12022.1.

oN,

which’ instrument, if genuine, ‘hight be filed, registered, ard recorded under a law:of this state or the meCOUNT: V

The said defendants, KAUSHAL NIROULA, JAY C SHAH, GRACHELLE C. LANGUBAN,
AND WINSTON ‘LUM, did in the City and County of San Francisco, State of California, between
the 14th day of January, 2009 through the 28th‘day of February, 2009, both days inclusive, commit
the crime of FILING FALSE REAL, PROPERTY DOCUMENTS, to. wit: Violating Section 115.5(a)-
of the..Penal_Code,_a. Felony, in: that! the. said. défendants ‘did. file_a- false:or forged document. OT
* instrunient;:.to wit: GRANT DEED TO 425 FIRST STREET, UNIT. 45501, SAN ‘FRANCISCO, :
which affected title to,, placed: an encuinbrance on, or placed: an ‘interest secured by a mortgage deed: :
of trust on, real property consisting of a single- family tesidence containing not more’ than four. - -
dwelling units with. Knowledge _ ‘the document Was false or forged.

‘ON EXCESSIVE TAKING. OF PROPERTY. PURSUANT: 10 PENAL cone

_ Ibis further, alleged: that in ‘the corimiission and the? -attempied commission ‘of the vabove affense, the .
. said” “defendants, KAUSHAL .NIROULA,’ JAY € SHAH, GRACHELLE C. LANGUBAN, AND.
WINSTON LUM, with’ tle intent so to do, took, dainaged, ‘and: destroyed property. of-a value
: _ excéeding $1,300,000, the property of SHIRLEY HWANG, . within. the meaning .of Penal Code
. section ‘12022.6(@)@). :

ALLEGATION OF COMMITTING: OFFENSE 1 IN SEVERAL JURISDICTIONS PURSUANT *
TO'PENAL:- CODE SECTION 781

- Itis further alleged that part of the above public offense was committed by: defendants, KAUSHAL
NIROULA;, JAY °C SHAH, GRACHELLE C. LANGUBAN, AND. WINSTON LUM, in one
jurisdictional territory and pa in another, and that the acts, or effects requisite to the above offense
occurred in two or more jurisdictional, territories, including the City and County. of San Francisco.

ALLEGATION AS 0 DEFENDANT. KAUSHAL NIROULA:

ALLEGATION . OF. FELONY COMMITTED WHILE. .ON -BAIL AND. ON” own.
RECOGNIZANCE PURSUANT: TO: PENAL CODE SECTION:12022.1.

Iti is farthi alleged: that the said’ ‘defendant; KAUSHAL NIROULA, “ cominitted the. above offense(s) 7
hé/she was’ ‘released: front custody, in a felony offense, on’ bail and on his/her. own:
fee shizance, within'the © meaning ¢ of Pehal Code Section: 12672. L. : :3562

COUNT: VI

The said defendants, KAUSHAL ‘NIROULA, JAY C’ SHAH; GRACHELLE C. LANGUBAN,
AND WINSTON, LUM, did in thé City dnd-County of San. Francisco, State’ of California, between
the 14th day. of January,.2009 through the.28th day-of February, 2009; both’days inclusive, commit.
the ctime of FILING FALSE-OR FORGED INSTRUMENT, to. wit: Violating Section’ 115(a): of thé
California. Penal_Céde,:a: Felony, i in-that.the. said defendants . did: cuplawfully- and_ knowingly: rocure :

this Staite, to’ wit! GRANT. DEED “TO: 425 FIRST STREET, UNIT #4802, SAN FRANCISCO,»
* which:instrument, if genuine, sight: be filed, registered, and recorded under & law of this state or ‘the
Waited ‘States. : :

said defendants; KAUSHAL NIROULA,, JAY C: SHAH, LEC. ee AND
WINSTON LUM; with the intent: 0 to-do, took, dathaged, ‘ani destroyed: property of a value
exceeding $200,000, the property of SHIRLEY HWANG, within. the meaning ‘of Penal Code section bho
12022. (a2). : : : wee

| “Sy Pet ogvey
"ALLEGATION OF COMMITTING OFFENSE IN SEVERAL JURISDICTIONS. PURSUANT
TO PENAL ‘CODE SECTION 781.
“Teis further alleged: that-part, of the: above public offense was cor
: cee GRE

‘ATION: OF «FELONY: COMMIT “JON BAIL SANDS ON_- OWN
RECOGNIZANCE PURSUANT 'TO PENAL CODE SECTION 12022:1

It is further alleged that the said: defendant, KAUSHAL NIROULA, coinimitted thie above offense(s)
while: he/she was. released ftom. custody | in :a™felony offense, on: bail. and: on: his/her own
teedgnizance, within the tieaning 7 Penal Code Section: 12022.1:

10ee VIL

- The said defendants, KAUSHAL NIROULA, JAY C SHAH, GRACHELLE C. LANGUBAN,

_ AND WINSTON LUM, did: in‘the City arid County of San ‘Francisco, State of California, between
the 14th day of January, 2009 through the 28th day’ of February, 2009, both days inclusive, commit
the crime'of FILING FALSE REAL PROPERTY DQCUMENTS, to wit: Violating: Section 115.5(a)'

wa
aD
w

~ of: the: Penal-Code,-a- Felony; in that..the -said-defendanits - did _file..a-false_or-forged: document’ or.

instriimenit, to wit!-425.FIRST “STREET; UNIT-#4802, SAN FRANCISCO, which: affected title:to,”
placed an encumbrance on, of placéd ‘an. interest. ‘secured’ by a mortgage deed of trust dn, real
property consisting . ofa single- family. tesidente containing not. more than: four: dwelling units with
Jnowledge that,the document was false or forged.”

f in the commission and the 1 abtingtd commission of the above fiense, the
said: defendants, KAUSHAL NIRQULA, JAY. C. SHAH; GRACHELLE C, LANGUBAN, AND
WINSTON LUM, with ‘the-intent so ‘to do, -took, damagéd; and. destroyed propérty of a value
exceeding: $200,000; the property of, SHIRLEY HWANG, within the meaning of Penal Code section
12022.6(@)(2). . :

ALLEGATION OF COMMITTING OFFENSE. 'IN SEVERAL JURISDICTIONS PURSUANT :

TO, PENAL CODE SECTION 781

It is further alleged that part of the above public offense: was committed by defendants, KAUSHAL
NIROULA, JAY.C SHAH AND WINSTON LUM, in one jurisdictional territory and part in
another, and that the acts or effects requisite to the above offense occurred in two or more
jurisdictional territories, including’ ‘the City and County, of San Francisco,

ALLEGATION AS TO DEFENDANT KAUSHAL NIROULA:

ALLEGATION._OF -FELONY.. CoMMrrrED WHILE ON BAIL, “AND ON. OWN 7

»RECOGNIZANCE :PURSU, TO, PENAL: ‘ODE SECTION 12022:1
It-is, further alleged that’ the.
while he/she’ Was released from eustody ina ‘felony . of e, on bail ‘and ° ofn’-his/her * own:

recognizance, within the meaning. of Penal. Code Section 120221.

1

defendant, KAUSHAL NIR ULA, committed the above offense(s) :3564

COUNT: VIL

The said defendants, KAUSHAL NIROULA; JAY C SHAH, GRACHELLE C.-LANGUBAN,-

AND WINSTON LUM, did in the City: and County of San Francisco, State of California, between’

the 14th day of January, 2009 through the 28th day of February, '2009, both days. inclusive; commit :
. ‘-the crime of FILE‘FALSE OR FORGED INSTRUMENT, to wit: Violating ‘Section. 115(a). of the : ,
anaes California Penal. Code,.a. Felony,-in.that.the-said defendants. did unlawfully. and. knowingly procure..."

and‘offer a false and ‘forged i instrument to be filed; registered, and récorded i ina public < office within

this: state, to wit:' GRANT DEED TO 425 FIRST STREET,” UNIT #4902; SAN FRANCISCO,

which instrument, if genuine, might be filed, registered, and. recorded under a saw 0 of this state or’ the”

United States. :

f (ON: PURSUANT To PENAL coms SB TION. Aision

+

said defendants, “KAUSHAL NIROULA, JAY C SHAH, GRACHELLE Cc. LANGUBAN, ‘AND
WINSTON: LUM, with ‘the. intent so’ to: do). took, dainaged, and. destroyed property ‘of a value.
exceeding $200;000, the-property of SHIRLEY. HWANG, within the meaning of Penal, Codé section
12022.6(@)(2). :

ALLEGATION: OF:: COMMITTING OFFENSE, IN SEVERAL JURISDICTIONS PURSUANT.
‘LO. PENAL CODE SECTION. 781 :
‘ It, is further alleged that part of the above. public offense was cornmitted' by defendants, JKKAUSHAL |
NIROULA,: JAY, &. HAH, GRACHELLE Cc, LANGUBAN; AND WINSTON. ‘LUM, jin ‘one.
1 part-in another; and that the. acts or effects requisite: to the. abow offense
re j isdictional: territories, includiig ‘the’ ity and County of San. anciseo.

“AS, 70 HEFENDANT KAUSHAL. NIROULA:

_OF “FELONY COMMITTED WHILE ON BAIL AND: ON. OWN
IiZANG@E PURSUANT TO PENAL CODE SECTION-12022.4 0. '

It is further. alléged that the said defendant; KAUSHAL NIROULA, committed the above offense(s)
while Hé/she was. released from custody in a felony offense, on bail and on. his/her own
recognizance, within the meaning of Penal Code Section 12022.1.. :

12(3565

COUNT: IX.

The said defendants, KAUSHAL NIROULA, JAY C SHAH, GRACHELLE-C. LANGUBAN,
AND WINSTON LUM, did in the City and County of San Francisco, State of’ California, between
- the 14th-.day of January, 2009 through the 28th day of February, 2009, both. days iticlusive, commit - :
the: crime of FILING FALSE REAL PROPERTY DOCUMENTS, to Swit: Violating Section 115,5(a)

of trast on, teal property consisting of a single-family residence: containing: not more.-than four a
dwelling ‘units with 1 ee that the document was false or Hegel, : oe

“WINSTON LUM, “with ‘thé intent‘ so. to ‘do, .took,: damaged, and “dete ante ofa: a
exceeding $200,000, the. property of SHIRLEY HWANG, within the meaning of Penal Code: nection.
« 12022,6(@)2).

- ALLEGATION OF COMMITTING OFFENSE IN SEVERAL: JURISDICTIONS PURSUANT
‘TO/PENAL CODE SECTION: 781

It'is further alleged that part of the above public offense ‘was committed by defendants, KAUSHAL
NIROULA,. JAY’ € SHAH, GRACHEELE .C.. LANGUBAN, ‘AND WINSTON “LUM, in. one
jurisdictional territory and part in another, and that the acts or‘effects requisite’ tothe above offense
occurred in two or more jurisdictional territories, including the City and County. of San Francisco.

ALLEGATION AS TO an KKAUSHAL NIROULA:

» ALLEGATION: OF FELONY: COMMITTED ..WHILE. ON... BAIL AND = ON OWN oo
: ‘(OGNIZANCE. PURSUANT. TO.PENALCODE SECTION .12022:1 : :
It is further: alleged that ‘the: said defendant, KAUSHAL, NIRO 5 Committed the above: offenses) 1
‘ while ‘he/she was « released ‘from custody in'ia felony’ ‘offe 7 on ‘bail. atid-on his/her own. ;
recognizance, within thé meaning of Penal Code Seétion-12022:1.

13AS TO. DEFENDANTS KAUSHAL el JAY C SHAH, MELVIN L EMERICH, AND
a LUM ONLY:

- COUNT: X |

The said defendants; KAUSHAL NIROULA, JAY C. ‘SHAH, MELVIN L EMERICH, AND
~__WINSTON:LUM,,did- in .the:City-and Counity-of.San-Francisco;:State:of ‘California, between, the-1st—.
. day, of. Fébruaty; 2009 through. the 15th.day’of March, ‘2010, both days, inclusive, commit the. crime, :

of GRAND-‘THEFT OF PERSONAL‘ ‘PROPERTY, to wit: Violating Section A87(a) of. the Penal “|

Code, a Felony, in that the said defendants: did unlawfully take money.and personal :propérty of a

value exceeding “Four Hundred. ‘Dollars ($400), ‘to wit: U.S. ‘CURRENCY, the property of DE-.
. WITTE MORTGAGE 3B AND KITCO. HOLDINGS.

i

- said defendants, KAUSHAL .NIROULA, JAY: Cc SHAH, MELVIN L EMERICK AND WINSTON
LUM,’ with the intent-so, to do; took, damagéd, ‘and destroyéd property of a Value exceeding... -.

- $1,300;000, ‘ the ‘property: of DE” WITTE: MORTGAGE AND. KITCO HOLDINGS, within , the at
meaning of Penal Code section 12022, 6(a)3). \ :

ALLEGATION: OF COMMITTING OFFENSE IN. SEVERAL JURISDICTIONS PURSUANT | i
TO PENAL CODE SECTION. 781 aot
It is further alleged.that part of the above public offense 4 ‘was committed: by defendants, KAUSHAL
NIROULA, JAY C/SHAH, MELVIN. L:EMERICH, AND WINSTON LUM,, in one jurisdictional

territory and part in another, ‘and that the acts ‘ot effects requisite to the above offense occurréd in.

two or more: jurisdictional territories, including the City and’County of San Francisco.

ALLEGATION ‘AS TO DEFENDANT: KAUSHAL NIROULA:

. ALLEGATION. OF: HELONY com WHILE. ON BAIL AND ON’ OWN |

while. he/she was _ ised eustody in, a ‘felony offetisé, « son’ bail anid on his/her. Own.
recognizance; within-the sneaning: of: Penal. Code Section 12022.1.

143567

COUNT: XI:

The said defendants, KAUSHAL NIROULA, JAY C SHAH, MELVIN L EMERICH,
GRACHELLE C.. LANGUBAN, AND WINSTON LUM; did in the City and’ County of San
: Francisco, State. of California, between. the 26th day of February, 2009. through the: 31st day: of
March, ° 2009, both days.” inclusive, commit: the crime of FILING. FALSE - “OR. FORGED

trumient, if: genitine, alight be filed,
tes istered, ‘and recorded d under a Jaw. of this state or the United States. ao : foe

ke féridants; TKAUSHAL, NIROULA; JAY: C: SHAH, MELVIN L EMERICH, AND WINSTON
“LUM, with: the Intents0. to. ‘do, took, damaged. and. destroyed property ofa valtie exeéeding
$1,300,000; ‘the property. of DE: WITTE MORTGAGE: AND KITCO HOLDINGS, wath the
3 ‘meaning of Penal. Code section. 12022. 6(a)(3).

ALLEGATION OF. COMMITTING ORFENSE IN SEVERAL JURISDICTIONS uRsuANT .
TO.PENAL CODE SECTION:781

It is sien alleged that part Of the above public offense was" committed by. acters, KAUSHAE:

ged’ that the said defendant, KAUSHAL NIROULA, : commitied the Above’ 5 itesagg)”
while’ tie/she” was released. from custody ih a felony offense; on’ bail and on. his/her ‘own. -
recognizance, within the:1 meaning. of Penal Code'Section 12022, i. .

153568

COUNT: xi 7

* The said defendants, KAUSHAL NIROULA, JAY C ‘SHAH, MELVIN L EMERICH, AND
WINSTON LUM, did in the City, and County of San Francisco, State of California, between the
26th. day of February, 2009 through the. 31st day of March, 2009, both days inclusive, commit the:
crime of FILING FALSE REAL PROPERTY DOCUMENTS, to: wit: Violating Section 115.5(a): of

_the Penal |-Code, a. Felony, .in that the said defendants did_file.a_false_or.forged:document.or......_-
instrument; to. wit: DEED OF TRUST TO 425 FIRST STREET, UNIT #5501, SAN FRANCISCO,-
which affected title to, placed an.encumbrance on,. or placed. ‘an interest secured by a mortgagé deed ~
of ‘trust on, real property consisting of a single- family residence containing’ not more ‘than four
dwelliig-units with knowledge that the docuhent was false;o or fotged. :

¢ ir the coninaission and: ‘the. secu cominission, of: the above eine, “ihe te
said: deféndants;* ‘KAUSHAL NIROULA, JAY C SHAH, NIN L: ‘EMERICH: AND. WINSTON - ©
LUM; with the intent’ $0. to, do, took, damaged, and’ destroyed property ofa value. exceeding’ oe
$4,300,000, the propeity of, DE WITTE MORTGAGE’ AND’ RITCO. HOLDINGS,” within the
"meaning of Penal’ Code-section 12022. 6(@)(3). ;

ALLEGATION. Or COMMITTIN G. OFFENSE IN SEVERAL JURISDICTIONS PURSUANT
TO:PENAL CODE SECTION 781°;

It is: further alleged that part of the above public “offetise was corimitted by defendants, KAUSHAL
NIROULA; JAY C SHAH, MELVIN L EMERICH AND WINSTON LUM, in one jurisdictional
territory and part in-another, and ‘that the acts or effects requisite to. the above offense occurred ‘in
two or more jurisdictional territories, including ‘the City and County of San'Francisco.’ ‘

ALLEGATION AS TO DEFENDANT KAUSHAL NIROULA:

ALLEGATION OF FELONY. COMMITTED: WHILE ON, -BATL AND. ON OWN.
RECOGNIZANCE PURSUANT TO. PENAL CODE. SECTION: 12022.1° : :
Itis further’ alleged’ that the: said ‘defendant; KAUS , "cotninitted the above offenisé(s), :
while,’ he/she: was teléased - froit custody” in. a: felony , offe: on. bail and on his/hér own
recognizance, Wwithin.the i meaning ¢ of a Code Section 12022! te3569

COUNT: XIE

The. said’ defendants, KAUSHAL NIROULA, JAY C SHAH, MELVIN L EMERICH AND . :
. WINSTON.-LUM, did in the City and-County of San Francisco, State of California, between the  . '
26th day of February, 2009 through the 31st day of March, 2009, both days inclusive, commit the

’. crime ofFILE FALSE OR FORGED INSTRUMENT, to ‘wit: Violating Section 115(@) of the

California .Penal:Code,-a.Felony,.in that.the.said. defendants. did_unlawfully.and_knowingly: procure
and offer a’ false and forged instrument.to be filed, registered,. atid recorded in a public office within
this state, to. wit: to wit: DEED OF TRUST ‘TO 425° FIRST. STREET, UNIT’. #4802; SAN, -
FRANCISCO, which iristrunient, if genuine, might be filed, registered, and recorded under a law. of-
this ‘state or the United. States.

ALLEGATION PURSUANT TO. PENAL ‘CODE SECTION 115(¢)(2) ‘
The: said. defendants, KAUSHAL NIROULA,” JAY. C. SHAH, ‘MELVIN L. EMERICH AND
_ WINSTON LUM, cominitted ‘more that ‘one violation of Penal -Code section 115(a) with the intént to
-defraud another, and that the violations.” tesultéd in a cumulative financial Joss exceeding. One
Hundred Thousand Dollars ($100,000. 00), within the meaning of Pénal’ Code section 115()Q).

ALLEGATION: OF: EXCESSIVE TAKING, OF PROPERTY: PURSUANT TO PENAL coDE
SECTION 12022.6(a)(2)- - 3

It is further alleged that in the commission and. the. attempted comission of the above Offense, the

said defendants; KAUSHAL NIROULA, JAY. C. SHAH, MELVIN. L’ EMERICH AND WINSTON

LUM; with the ‘intent so. to do, “took, dainaged, and destroyed property of a value exceeding

$200,000, the property of DE WITTE MORTGAGE AND KITCO HOLDINGS, within the meaning

of Penal Code section-12022: 6(a)(2). .

ALLEGATION 0 OF COMMITTING OFFENSE IN: SEVERAL JURISDICTIONS PURSUANT

TO: PENAL CODE SECTION 781 : i
It is-further alleged that part of the above public offense was committed by defendants, KAUSHAL :
. NIROULA, JAY C SHAH, MELVIN: L EMERICH. AND WINSTON. LUM, in. one: jurisdictional
tertitory and part-in., another, atid that the. acts -or. effects réquisite to the above offense occurred ‘in
two or more jurisdictional territories, including, the City and. a: County of San Francisco. :

ALLEGATION aS TO. DEFENDANT KAUSHAL NIROULA:

ALLEGATION: .OF FELONY coMmnie . WHILE ON. BAIL AND" ON_-OWN.
RECOGNIZANCE PURSUANT:TO PENAL CODE SECTION 12022.1 :
It is further alleged that the said defendant, KAUSHAL NIROULA, committed the. above offenses)
‘while: ‘he/she “was released from custody in. a. felony offense, on bail and on -his/her own
recognizance, within the meaning of Penal Code-Section 12022.1.COUNT: XIV

The said defendants, KAUSHAL NIROULA, JAY C SHAH,. MELVIN L EMERICH AND
WINSTON LUM, did in the City and County of San Francisco, State of California, between the
26th day. of. February, 2009 through the 31st day of March, 2009, both-days inclusive, commit the
crime of FILING FALSE REAL PROPERTY DOCUMENTS, to wit: Violating. Section 115.5(a), of
| _thie-Penal. Code, a. Felony;—in-.that-the-.said-.defendants—did_file..afalse—or-forged document. OL ne
q instrument, to, wit: DEED OF TRUST TO 425 FIRST STREET,. UNIT #4802, SAN FRANCISCO,

” which affected title to,-placed an éncunibrance on, or placed-an interest secured. by a mortgage deed
of trast ‘on, realproperty consisting of a single-family residence containing not more than four
dwelling-units with, Knowledge that the document was —_ or forged. : : ’

ALERGATION OF. EXCESSIVE TAKING or PROPERTY PURSUANT. TO, PENAL: copk . j
SECTION 12022:6(a) 2 8 Joep |
Tt is further alleged that-in the commission ‘and the, attempted commission, of the above offense, the: |
said defendants, KAUSHAL NIROULA, JAY C SHAH, MELVIN L’EMERICH AND WINSTON
LUM, -with thie. in¥ent_so ‘to. do, took, damaged, and- destroyed property.‘of a value exceeding ’

: . $200;000, ‘the pioperty ‘of DE: WITTE MORTGAGE AND KITCO HOLDINGS, within the tmmeaning
of Penal Code: section 12022. (8(@)Q).- oh,

ALLEGATION OF COMMITTING. OFFENSE IN SEVERAL JURISDICTIONS PURSUANT i
TO PENAL CODE SECTION 781

It is further: alleged that part of the above public offense was committed by defendants, KAUSHAL
NIROULA, JAY. C SHAH, MELVIN 'L EMERICH AND WINSTON LUM, in. one jurisdictional
territory and part in’another; and ‘that the acts-dr. effects: requisite to the, above offense occurred in.
-two,or more jurisdictional territories, including the City-and County of San: Francisco.

ALLEGATION “AS To DEFENDANT: KAUSHAL NIROULA:

ALLEGATION «OF . FELONY “COMMITTED: - WHILE, ON... “BAIL AND. ON OWN Lo
- RECOGNIZANCE PURSUANT.TO. PENAL CODE: SECTION 12022.1

Ibis furthe allég ed that the Said defendant, KAUSHAL NIROULA, ‘cominitted the above offénse(s)
whilé’ he/she was. released from “custody. in.a ‘felony offense, ‘on bail and on his/her, Ow
‘tecognizanes, within the Teaning of Pénal Code Section 12022. 1... > Hoe

ovCOUNT: XV

The said defendants, KAUSHAL NIROULA, JAY .C SHAH, MELVIN L EMERICH AND
WINSTON LUM, did in’ the City and County of San.Francisco,. State of.California, between the
25th day of February, 2009 through the 31st day of March, 2009, both days inclusive;..commit-the
crime of FILING FALSE OR FORGED INSTRUMENT, to wit: Violating ‘Section 115(a) of the

--_-___California-Penal-Code,.a. Felony, in that. the. said:‘defendants. did unlawfully.and_knowingly procuie_.

~ and offer a false and forged instrument to be filed, registered, and recorded.in‘a public office within -
this state, to-wit: DEED OF TRUST TO 425 FIRST STREET, UNIT #4902, SAN. FRANCISCO,
which instrument, if genuine, might be filed, registered, atid-recorded under a law of this state or the -
United States.” . . ;
ALLEGATION: PURSUANT ‘TO PENAL ‘CODE SECTION 11500) :

~The: said: defendants, KAUSHAL NIROULA, JAY C.SHAH; MELVIN Lb EMERICH , AND.

‘defraiid | another; “and that the violations ' fesulted ina cumtilative financial dss exceéding One -
: Hunted ‘housand Dollats $100, 00000); within thé meaning ‘of Penal Cage section’ M5(OQ).

It‘is further alleged that in the commission and: the atteniped: commission ‘of the’ above offense, the
said- defendatits, KAUSHAL NIROULA, JAY: C SHAH, MELVIN’ L'EMERICH AND WINSTON

. LUM, with -the “intent so to -do, took, damaged, -and destroyed property of .a value exceeding
$200,000; thé property. of DE WITTE MORTGAGE AND KITCO HOLDINGS, within the meaning
of Penal: Code section 12022.6(a)(2). -.~

ALLEGATION OF. COMMITTING OFFENSE: IN SEVERAL: JURISDICTIONS PURSUANT
' TO PENAL CODE SECTION 781
’ It is further alleged’ that part of the above public offense was committed by defendants, KAUSHAL
NIROULA, JAY C SHAH, MELVIN L. EMERICH, AND :WINSTON LUM; in one jurisdictional
territory and part in’ anotlier, and that, the acts or effécts, requisite’ to, the above offérise. occurred in
‘two or more jurisdictional territories, including the City: and Coimty of San Francisco,

ALLEGATION AS TO DEFENDANT: KAUSHAL NIROULA:

AU EGATION OF FELONY : COMMITTED . WHILE .ON BAIL AND. ON OWN |

- RECOGNIZANCE PURSUANT TO:PENAL CODE SECTION 12022.1 -

: Itis further alleged that the said ‘defendant, KAUSHAL NIROULA, committed the above offense(s)

.; While he/she was- released from custody in a felony offense, on bail and on his/her own
recognizance, within the meaning of Penal.Code Section 12022.1.

19

1COUNT: XVI

Thé :said defendants; KAUSHAL NIROULA, JAY C SHAH, MELVIN L EMERICH AND
. WINSTON LUM, did. in the City.and County of San Francisco, State of California, between the
25th day of-February, 2009 through the 31st day of March, 2009, both days inclusive, commit the
crime of FILING FALSE RAE PROPERTY, DOCUMENTS, to wit; Violating Section ds. 5(a).of

of trust on, teal property consisting of a single’ “family: residence: consining not. more than
dwelling ‘units ‘with foowledge that the -docuinent was false ¢ or. forged: , DA, eoyche

ALLEGATION. OF. couernine OFFENSE IN SEVERAL JURISDICTIONS PURSUANT

‘TO PENAL: CODE SECTION BY \e
Jtis ‘farther: alléged: that part:of: the: abive public. offeise ‘was ecinuiitted ‘by defendants; KAUSHAL *
NIROULA, JAY: C:SHAH, “MELVIN L‘BMERICH: AND ‘WINSTON LUM; jin: one jurisdictional oy
territory and patt in another; and that the acts or effects requisite ‘to the above, offense occurred in

two or more. jatistictional territories, inluding the City and County of San Francisco.

: ALLEGATION AS TO DEFENDANT KAUSHAL NIROULA: ‘ Sat Fare

ALLEGATION’. OF FELONY. COMMITTED. WHILE: .ON. BATL -AND ON. OWN: :
RECOGNIZANCE | PURSUANT, TO. PENAL | CODE SECTION: 12022. 1

}

203573

- AS TO DEEENDANT! 'S KAUSHAL NIROULA, JAY C SHAH AND MELVIN L EMERICH
ONLY: .

COUNT: XVII

The said defendants, KAUSHAL NIROULA, TAY Cc SHAH -AND MELVIN L EMBRICH, did j in
-the:City-and-Couitity of San Francisco, State.of. California, on. or. about.the.6th-day-of.March,-2009,° ___. =
cointhit the crime of MONEY LAUNDERING, to wit: Violating Section 186.10(a) of. the. California .
Penal Code, a Felony, in that the said defendants did unlawfully conduct and attempt to. ‘conduct ‘a
transaction involving ‘a monétary instrunient and instruments of a value exceeding Five Thousand

Dollars ($5,000.00) within a -seven- day period. through a financial institution with ‘the intént ,to.
promote, manage, establish, carry on, and facilitate’ thé promotion, managemént, establishnient, and
carrying on of criminal activity, to wit: CONSPIRACY; GRAND: THEFT AND FILING FALSE,
DEEDS, and. knowing’ that the monetary instrument. represented -the proceeds. of, and was’ derived

directly and indirectly from the proceeds of criminal activity..

: -ALLEGATION OF EXCESSIVE TAKING OF PROPERTY PURSUANT to PENAL CODE
SECTION .12022.6(a)(2)
It is further alléged that in the commission aid the attempted commission, of the above oifense, the.
~ said. defendants, KAUSHAL. NIROULA, JAY C SHAH AND MELVIN L EMERICH, with the
intent, so to do, took, damaged; and destroyed property of a valtie exceeding $200,000, the property
of SHIRLEY HWANG, DE WITTE MORTGAGE AND KITCO’ HOLDINGS, within the meaning
-of Penal Code section i202, 6(a)2).- 7

ALLEGATION OF COMMITTING: OFFENSE IN SEVERAL JURISDICTIONS PURSUANT 7
TO PENAL-CODE SECTION.781

It is‘ further alleged that part‘of the above public offense was-committed by defendants, KAUSHAL
NIROULA, JAY.C SHAH AND MELVIN L EMERICH, in one. jurisdictional territory and part in’
another,. and that. the. acts or effects requisite to the above offense occurted -in two or more
jurisdictional territories, including 1 the City:and County of San Francisco.

ALLEGATION AS:'TO DEFENDANT KAUSHAL NIROULA:

‘OF: EELONY ' coMMirrrED WHILE, -ON:, BATL “AND. ON OWN’ -
RECOGNIZANCE PURSUANT TO-PENAL CODE SECTION-12022.1

It is further alleged that the said defendant, KAUSHAL NIROULA,,. committed the above offense(s) :
‘while “he/she .was released’ from custody. in a felony’ offense, on ‘bail and on his/her own
técognizance, within the meaning of Penal Code Section 12022.1.

21Me

COUNT: XVII

" The said defendants, KAUSHAL NIROULA, JAY C SHAH AND MELV