Complaint,Petition: The People of the State of California vs. Crystal Thomas

On January 04, 2022 a Complaint,Petition was filed involving a dispute between The People Of The State Of California, and for 05 Unlimited - Asset Forfeiture in the District Court of Fresno County.

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LISA A. SMITTCAMP E-FILED
DISTRICT ATTORNEY 2/7/2022 1:35 PM
JOHN TULLY #247085 Superior Court of California
County of Fresno
DEPUTY DISTRICT ATTORNEY By: C. York, Deputy
2100 Tulare Street
Fresno, California 93721
Phone: (559) 600-3141

THE SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF FRESNO

8
The People of the State of California,
Case No.: 22CECG00023
lg Plaintiff,
10 District Attorney No.: AF2021-0037
vs.
11 PETITION FOR FORFEITURE OF
$353,308.00 U.S. CURRENCY, PROPERTY
12 Defendant. HEALTH AND SAFETY CODE
13 SECTIONS 11470, 11488.4(a)

14 Date: April 7, 2022
Time: 8:30 a.m.
15 ee Thomas and DOES 1 THROUGH | Location: Dept. 404
16
17 Claimant(s)/Real Party in Interest.
18
19 Petitioner, acting on behalf of the State of California, alleges on information and

| 20 belief that:
‘leq 1 This is a civil action for the forfeiture of property interests under Health and Safety
lea Code Section 11470(f).
| |23 The subject matter of this action is $353,308.00 U.S. Currency.
‘ |2a Petitioner is the District Attorney for the County of Fresno and is authorized to bring
25 this petition under Health and Safety Code Section 11488.4(a).
| 126 Respondent property was seized by officers of the California Highway Patrol (CHP)
27 on November 9, 2021, at I-5 and Russell Avenue in Fresno County, California, in

28 connection with violations of Health and Safety Code Section 11370.6(a).

Petition for Forfeiture of Property
5. Respondent property is within the original jurisdiction of the Court under Health and
Safety Code Section 11488.4(a) and is presently in the possession of the Fresno

County District Attorney's Office.
6 Respondent property is subject to forfeiture pursuant to Health and Safety Code
Section 11470(f) because within five years of seizure it:
a. Was furnished or intended to be furnished by a person in exchange for a
controlled substance.
Is traceable to an exchange by a person for a controlled substance.
Was used or intended to be used to facilitate conduct in violation of Health
10 and Safety Code Sections 11370.6.
11 On January 4, 2022, Crystal Thomas filed a claim for respondent property
12 353,308.00.
13 Petitioner alleges on information and belief that the following facts justify forfeiture
14 of seized property: Based on CHP report number F877-412-2021 (Exhibit A) On
15 November 9, 2021, Officer Kensey was stopped on the east shoulder of northbound
16 on I-5 when he observed a black Chevy Silverado pass his location. He noticed the
17 front passenger side window was heavily tinted in violation of Vehicle Code section
18 26708(a)(1). After the officer traveled to the rear of the Chevy, he saw the brake
19 lights illuminate briefly and noticed the third supplemental light was defective in
20 violation of Vehicle Code section 24252(a). As Officer Kensey paced the Chevy he
21 determined its speed to be 78 miles per hour in violation of Vehicle Code section
22 22356(b). Officer Kensey activated his emergency lights, and the Chevy came to a
23 stop on Russell Avenue. The officer contacted the driver identified as Crystal
24 Thomas (herein; Claimant) through the passenger side window. The passenger in
25 the right front seat was identified as Oluwaseun Oluseyi and the rear passenger
26 was identified as Oladele Awoliyi. Upon contact Officer Kensey immediately smelled
27 the odor of burnt marijuana. He asked the Claimant to exit the vehicle and meet him
28 at the front of his patrol vehicle. As the Claimant exited the vehicle, she was texting

Petition for Forfeiture of Property
on her cell phone, which elevated the officer's suspicion. Through training and
experience Officer Kensey knew those engaged in illegal drug activity will often
attempt to communicate with others when contacted by law enforcement. Officer
Kensey asked her to place her cell phone inside the Chevy. While speaking with the
Claimant the officer could smell burnt marijuana on her person. The Claimant
related the Chevy belonged to her friend Ruben Hardy and identified her
passengers as her nephew Oluseyi and her uncle's brother-in-law Awoliyi from the
mid-west. She stated they were traveling to Santa Rosa to visit family and friends
for about one week. The officer asked the Claimant how much marijuana was in her
10 vehicle. The Claimant denied having any marijuana in the vehicle. The officer asked
11 the Claimant what she did for a living. She waited a few second and gave a nervous

12 laugh and said she worked in a warehouse. The Claimant was vague and refused to
13 tell the officer the name of her employer.
14 Officer Kensey contacted Oluseyi and asked him for the Chevy's registration. While
15 speaking with Oluseyi, CHP Officer, M. Butler arrived on-scene. Oluseyi stated they
16 were traveling to San Francisco to visit family and friends for two days, which
17 conflicted with the Claimant's statement. Oluseyi related he had some personal
18 marijuana he purchased at a dispensary and handed the officer the vehicle’s
19 registration and insurance. Officer Kensey noticed the Chevy was registered to
20 “Adediran Farms Inc." The insured parties were Jazmine and Adewale Adediran.
21 Officer Kensey re-contacted the Claimant and asked her a second time who owned
22 the Chevy. Again, she said it belonged to her friend Ruben. The officer showed the
23 Claimant the registration. She looked at it for several seconds but did not respond.
24 Officer Kensey asked the Claimant what Adediran Farms was? The Claimant
25 stuttered, paused and then said Adediran Farms was her brother's business. She
26 went on to say Ruben must have transferred the Chevy into her brother's business
27 name. Finally, the Claimant stated she just drives the truck and didn't really know
28 anything about it. When asked about Adediran Farms the Claimant would only say it

Petition forForfeiture of Property
was her brother's company. After being questioned further about the company the
Claimant said, "They have cannabis farms, but not any current ones." The Claimant
denied being involved in the cannabis industry and insisted there was no marijuana
present in the vehicle. Even after Officer Kensey informed the Claimant her
passenger Oluseyi told him that he had marijuana in the vehicle and the smell was
present, the Claimant told the officer, “There's no marijuana in the vehicle.”

Officer Kensey asked the Claimant if there was any cocaine, heroin,

methamphetamine, or large amounts of currency in excess of $10,000 in the
vehicle. The Claimant said “No sir’ to all. She claimed everything in the vehicle
10 belonged to her and her passengers. However, when asked if the vehicle could be
11 searched, the Claimant denied consent. Based on multiple factors’ Officer Kensey
12 decided to conduct a probable cause search. As the officer walked to the truck, the
13 Claimant spontaneously stated she had THC wax in the Chevy. Officer Kensey
14 ordered Oluseyi and Awoliyi to exit the vehicle and stand with the Claimant. In the
15 bed of the Chevy the officer located wo large rubber tubs and two suitcases, one
16 green and one black. The Claimant said the suitcases belonged to her and
17 contained clothing. Officer Kensey asked the Claimant what was inside of the
18 rubber tubs. The Claimant stated they were “machines” but refused to say what type
19 of machines. The officer opened the black suitcase which was full of woman's
20 clothing. He opened the green suitcase and found it was full of U.S. Currency. On
21 top of the currency was a piece of paper that read 350. The Claimant said the
22 currency belonged to her. Oluseyi and Awoliyi disclaimed the currency. The
23 Claimant refused to answer any questions concerning the currency’s origin.
24 Located inside the vehicle were three backpacks and a computer bag. The
25 backpacks were separated by ownership. While searching the Claimant's backpack
26 the officer located a large half smoked marijuana cigarette often referred to as a
27
28 ‘ See page 5 of Exhibit A for probable cause factors.

Petition forForfeiture of Property
"Blunt" along with tobacco rolling papers in the glove compartment. One end of the
blunt was still warm and the opposite end was wet. A glass pipe used for smoking
THC wax was recovered on the floor between the driver and passenger seat A
search of the Claimant's purse located a small amount of THC wax. A search of
Oluseyi’s backpack located numerous notebooks, papers, and receipts indicating he
and the Claimant were involved with a largescale marijuana sales operation. The
machines inside the plastic tubs were determined to be AmeriVacs commercial
vacuum sealers. These machines are often used in large scale marijuana

distribution operations. Additionally, four cell phones and two lap top computers
10 were located and seized. (Exhibit B)
11 Officer Kensey contacted Special Agent Supervisor Pacheco with the Fresno High
12 Impact Investigations Team (HIIT) and briefed him on the investigation. Agents
13 Yang and Rubalcava arrived on the scene and interviewed all three suspects.

14 Oluseyi and Awoliyi disclaimed the currency and signed disclaimers. The Claimant
15 was provided with a receipt for the U.S. Currency. See HIIT Investigation Report!
16 Number BI-HI2021-00101 for details. (Exhibit C)
17 Law enforcement determined the bulk U.S. Currency is the derivative of illegal
18 narcotics sales or use to purchase illegal narcotics. Health and Safety Code Section
19 11470(f) in pertinent part states, “All moneys . furnished or intended to be
20 furnished by any person in exchange for a controlled substance, all proceeds
21 traceable to such an exchange ... or a felony violation of Section 11366.8 of this
22 code ...” are subject to forfeiture. Thomas was issued citation 527761 for a violation
23 of Health and Safety Code section 1370.6 (possessing over $100,000.00 derived
24 from drug sales or to purchase drugs) with a promise to appear on January 18,
25 2022, at :1100 Van Ness Ave Room 401, Fresno, CA 93721 at 8:30 a.m. The final
26 count of the U.S. Currency totaled $353,308.00, which was converted into a check
27 and submitted to the Fresno County District Attorney's Office for asset forfeiture
28 proceedings.

Petition for Forfeiture of Property
9. Seized property has been the subject of judicial forfeiture proceedings initiated
under Health and Safety Code Section 11488.4(j), and Asset Forfeiture case
number AF2021-0037. All persons known to have legal or possessory interest in the
respondent party have been given Notice of Forfeiture proceedings as required by
Health and Safety Code section 11488.4(c) and Notice was published as required
by Health and Safety Code section 11488.4(e).
WHEREFORE, Petitioner prays:
1 For an order declaring that seized property, $353,308.00 U.S. Currency, to be
forfeited to the State.
10 For an order declaring that all other parties’ interests in seized property are forfeited
11 to the State.
12 For an order that seized property be disposed of as required by Health and Safety
13 Code Section 11489.
14 For such other relief as the Court deems proper.

15
16 February 7, 2022. Respectfully Submitted,
17
LISA A. SMITTCAMP
18 DISTRICT ATTORNEY
19
20
21
22
23
24
25 ‘ully
26
Deputy Distr orney

27
28

Petition forForfeiture of Property
EXHIBIT A
||
Jo California Highway Patrol
Central Division
[ F877-412-2021
Investigative Services Unit
Investigative Report

1 | INVESTIGATION NARRATIVE:
2 |
|' On 11/09/2021, at approximately 1228 hours, | was on patrol ina marked CHP patrol
4 | vehicle and full CHP uniform. | was stopped on the east shoulder of northbound
5 | Interstate 5 (I-5) when my attention was drawn to a black-Chevy Silverado. The.Chevy
6 | was traveling northbound and as it passed my location, | noticed the front passenger
side window was heavily tinted in violation of 26708(a)(1) VC. | entered northbound
‘traffic and overtook the Chevy as it approached the rear of a tractor trailer. | observed
9 | 'the Chevy's brake lights illuminate briefly and noticed the third supplemental light was
10; defective. This is a violation of 24252(a) VC. The Chevy moved into the #1 lane,
11, passed the tractor trailer and accelerated. -The Chevy appeared to be traveling in
12 excess of the 70 mph speed limit so | initiated a pace. The pace lasted for
13. approximately one mile and | determined its speed to be 78 MPH. This is a violation of
14; :22356(b) VC. v

15!
16: [activated my emergency lights and the Chevy came to a stop on the east shoulder just
17° south of Russell Avenue. | used my loudspeaker to direct the driver to exit the freeway.
18, The driver came to a stop on Russell Avenue just east of I-5. | exited my patrol vehicle
19; and contacted the driver (Crystal Thomas) right front passenger (Oluwaseun Oluseyi)
20, and the right rear passenger (Oladele Awoliyi) and immediately smelled the odor of
21 | ’ burnt marijuana. | explained the reason for the stop and asked Thomas for her license.
22; 'l asked Thomas if the Chevy belonged to her and she said it belonged to her friend
23 !Ruben. Once Thomas handed me her license, | asked her to meet me at the front of
24 | : my patrol vehicle. As Thomas approached my patrol vehicle, | noticed that she was
25 | | texting on her cell phone which elevated my suspicion. Based upon my training and
26; , experience, I know that those engaged in illegal drug activity will often attempt to text or
271 i call others when contacted by law enforcement. | asked Thomas to stop texting and
28 place the cell phone inside the Chevy.
29 |
30 I retrieved my citation book and started to complete a written warning while engaging
31 Thomas in conversation. During this time, | could smell the odor of burnt marijuana
32 upon her person. Thomas related the Chevy belonged to her friend Ruben Hardy.
33 Thomas related she and her passengers were traveling to Santa Rosa for about a week
34 to visit family and friends. Thomas related that Oluseyi was her nephew and Awoliyi
35 | was her uncle's brother-in-law. | asked Thomas where her passengers were from and
36! ' she said they were from the mid-west. | asked Thomas how much marijuana was in her
i

.: Prepared by: Reviewed by:
, Officer S.T. KENSEY, ID 15653 Sgt. B.vowtey ID 15112
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California Highway Patrol
Central Division
CASE #: F877-412-2020
Investigative Services Unit
Investigative Report

| vehicle Thomas said “None.” | asked Thomas if she was sure and she said she was. |
| knew this was a lie because burnt marijuana has a very distinct smell and | could smell
it emitting from the Chevy during my initial approach and her person. | asked Thomas
what she did for a living. Thomas waited a few seconds and gave a nervous laugh
before saying she-worked in a warehouse. | asked Thomas who she worked for and
ishe would not answer.

| contacted Oluseyi and asked him for the Chevy’s registration. While speaking with
Oluseyi, CHP Officer, M. Butler arrived on-scene. | asked Oluseyi about their travels.
10 Oluseyi said they were traveling to San Francisco to visit family and friends for two
i |days. | asked Oluseyi how much marijuana was in the vehicle. Oluseyi related he had
12 | some personal.use marijuana he purchased at a dispensary. Oluseyi handed me the
13 gistration and insurance and | examined both. | noticed the Chevy was registered to
14 “Adediran Farms Inc.” | also saw that the insured parties were Jazmine and Adewale
15 Adediran. Earlier in the contact, Thomas said the Chevy was registered to fer friend
16 Ruben Hardy.
17
18 | | re-contacted Thomas and asked her a second time who the Chevy belonged to.
19 ‘Thomas again said the Chevy belonged to her friend Ruben. | showed Thomas the
20 registration. Thomas looked at the registration for several seconds but did not respond
21 | asked Thomas what Adediran Farms was? Thomas stuttered, paused and then
related that Adediran Farms was her brother's business. Thomas went on fo relate that
23 Ruben must have transferred the Chevy into her brother's business name. Finally,
| Thomas ‘said she just drives the truck and didn’t really know anything about it. Lasked
25 ' Thomas what kind of business Adediran Farms was. Thomas said, “That’s my brother's
26 company.” | told Thomas | understood it was her brother's company and asked her a
27 ' second time what kind of business itwas. Thomas stuttered and after a few seconds
28 said, “They have cannabis farms, but not any current ones.” | asked Thomas if her
29 brother was still in the cannabis industry and she said he was not. | asked Thomas if
30 she was in any way involved in the Cannabis industry and she said, “No Sir.”
31
32 | asked Thomas again how much marijuana was in the Chevy. Thomas again said
33 there wasn’t any marijuana in the vehicle. | explained to Thomas that Oluseyi told me
34 that he had marijuana in the vehicle and | could smell it. Thomas said, “There’s no
35 marijuana in the vehicle.” | asked Thomas if there was any cocaine, heroin
36 methamphetamine or large amounts of currency in excess of $10,000 in the vehicle.
|
Prepared by: Reviewed by:
| Officer S.T. Kensey, ID 15653 Sgt. B. Yokley, ID 15112
Page
4 of 9
California Highway Patrol
Central Division
CASE #: F877-412-2020
investigative Services Unit
Investigative Report

{Thomas said “No sir” to all. | asked Thomas if everything in the vehicle belonged to her
land her passengers and she said yes. | asked Thomas if | could search the vehicle and
.
ishe denied consent. ‘Based upon the following factors | decided to conduct a probable
lcause search of the Chevy:
t

When Thomas exited the Chevy, she irnmediately started texting
There were conflicting statements between Thomas and her passengers
regarding their travel
There was a strong odor of burnt marijuana emitting from the Chevy
10 Thomas’ obvious untruthfulness about there being marijuana in the vehicle
1 Oluseyi’s admission to possessing marijuana
12 Thomas’ lack ofknowledge of who the Chevy belonged to
13 Thomas's vague-and non-response to simple questions
14 My training and experience
15
16 ‘As | walked to the truck, Thomas spontaneouslystated she hadTHC wax in thé Chevy.
17 il ordered Oluseyi and Awoliyi to exit the vehicle and stand with Thomas. | lowered the
18 \Chevy's tailgate and saw two large rubber tubs and two suitcases, one greeri and one
19 black, | asked Thomas who the suitcases belonged to. Thomas said they were hers
20 and both contained her clothing. | asked what was inside the rubber tubs. Thomas said
21 \they were “machines.” | asked what type of machines they were. Thomas refused to
22 answer. | slid the suitcases to the tailgate. | noticed the green suitcase was very heavy
|and based upon past experiences, | suspected it was full of: money. | opened the black
24 suitcase and it contained female clothing. | opened the green suitcase and it was full of
25 |U.S. currency. On top of the currency was a piece of paper that read 350. | asked who
261 ithe currency belonged to. Thomas claimed it,as hers, Oluseyi and Awoliyi disclaimed
27| \the currency. | attempted to ascertain if Thomas’ possession of the currency was legal,
28 { however she would only say that-it was $350,000. Thomas refused to answer any
29 | ‘questions about the currency’s origin. | explained to Thomas that | wanted to determine
30 ‘if her possession of the currency was legal by getting some basic information from her,
31 | but she still refused to answer any questions regarding the currency. There were three
32 backpacks and a computer bag recovered from the rear passenger seat of the Chevy. |
33 separated each backpack byownership. While searching the driver and passenger
compartments, | located a large half smoked marijuana cigarette often referred to as a
35 “Blunt” along with tobacco rolling papers in the glove compartment. One end of the
36 blunt was still warm and I could see that the opposite end was wet. This indicated that

Prepared by: Reviewed by:
Officer S.T. Kensey, ID 15653 Sgt. B. Yokley, ID 15112
Page 5 of 9
Le
California Highway Patrol
JG
Central Division CASE #: F877-412-2020
Investigative Services Unit
Investigative Report

1}>| the blunt was very recently smoked. | located a glass pipe used for smoking THC wax
2 on the floor between the driver and front passenger seat. | also recovered a small
amount of THC wax from a purse claimed by Thomas. | located a jar ofmarijuana bud
inside the backpack claimed by and Oluseyi. The seal was broken, and the lid was
5 loose.
1
6 |
7|| While searching the backpack claimed by Oluseyi, | recovered several items of indicia
8 indicating he was involved with a largescale marijuana sales operation. | also
1
9 ' tecovered several items of indicia indicating Thomas was also involved with a
10! largescale marijuana sales operation. These items of indicia weré seized. | was able to
i
11 determine the machines inside the rubber tubs were AmeriVacs commercial vacuum
fa} sealers. These machines are often used in large scale marijuana distribution
i3:1 ! operations.
ur
15 At this point | formulated the opinion the currency was derived from the sale of drugs
16 most likely marijuana and that Thomas and here passengers were involved with a large
7 scale, black market marijuana smuggling operation. | contacted Special Agent
18 Supervisor, (SAS) V. Pacheco who supervises the Fresno High Impact Investigations
19| Team (HIIT). | briefed SAS Pacheco on the investigation, and he assigned Agents K.
201 Yang and |. Rubalcava to respond to my location and assist. Once Agents Yang and
21! Rubalcava arrived they interviewed all three suspects. At-the conclusion of the
22 interviews the decision was made to take custody of the currency pending asset
forfeiture proceedings. Oluseyi and Awoliyi disclaimed the currency and signed
24| disclaimers. Thomas claimed the currency and was provided with a receipt. For
25! complete details regarding the interviews, refer to Agent Yang's supplemental number
26 BI-Hi2021-0001 01.
27
28 \' Following the interviews, Agent Yang released Oluseyi and Awoliyi. Agent Yang also
29 | released Thomas with a written promise to appear. | turned the currency along with four
30 cell phones, two laptop computers and several items of indicia over to Agent Yang.
31 After clearing the scene, Agents Yang and Rubalcava transported and booked all
32 seized items into the HIIT evidence vault.
33
34
35
36

Prepared by: Reviewed by:
Officer S.T. Kensey, ID 15653 Sgt. B. Yokley, ID 15112
Page 6 of 9
California Highway Patrol
Central Division
CASE #: F877-412-2020
Investigative Services Unit
, Investigative Report

‘STATEMENTS:
i
4 iAll statements were obtained by Agent Yang. For complete details, refer to Agent
5! ‘Yang’ 's supplemental report number BI- H112021-0000101.

; | ASSET FORFEITURE
8
9 | 'During the course of this operation, | located approximately $350,000 inside a green
10 suitcase claimed by Thomas. The suitcase contained multiple bundles of U.S. currency
‘held together by rubber bands. Each bundle contained several denominations of
12! _currency. When | initially opened the suitcase, | could smell the odor of raw marijuana.
‘| deployed my narcotic sniffing canine on the suitcase and he gave a positive alert to the
| : ‘odor of narcotics on the currency. Due to the large amount of currency in the suitcase, |
is: decided to leave the currency in the suitcase and bind the zippers with a zip tie. |
16 initiated and dated the zip tie before turning the currency over to Agents Yang and
17; Rubalcava. | also obtained a signed receipt for the currency. Agents Yang and
18 Rubalcava transported-and booked the currency into the HIIT evidence vault where it
19, will remain until a count can be conducted at a financial institution. For further details,
20 refer to Agent Yang's supplemental report number BI-HI2021-000101
21
22 j OPINIONS AND CONCLUSIONS.
23|
24| I Based upon the following factors, it is my opinion that Thomas possessed
25j approximately $350,000 derived from the sale of drugs, most likely marijuana
261
27|: When Thomas exited her vehicle, she immediately started texting
28 | Thomas lied about there being marijuana in the vehicle
3| | Thomas and her passengers gave conflicting statements regarding their travel
30} destination
31 Thomas did not know who owned the vehicle'until | showed her the registration
32 Thomas denied that there was any currency in the vehicle in excess of $10,000
33 Thomas claimed the suitcase that contained the currency but said the suitcase
34 contained her clothes
35 After I discovered the currency, Thomas claimed it and said there was $350,000
36 Thomas's refusal to provide any details regarding the currency's origin

Prepared by: Reviewed by:
Officer S.T. Kensey, ID 15653 Sgt. B.Yokiey, | ID 15112
Page 7 of 9
California Highway Patrol
Central Division CASE #: F877-412-2020
investigative Services Unit
Investigative Report

When | opened the suitcase there was an odor of raw marijuana
2|: My narcotics detection canine alerted to the odor of narcotics on the currency
3 | | | located two commercial grade vacuum sealers. These vacuum sealers are
often used in large scale marijuana production operations
| located several items of indicia indicating Thomas was involved in a large scale,
black market marijuana distribution operation. These items of indicia included
1 pay/owe sheets
81) The manner in which the currency was packaged. The suitcase contained
91 i multiple bundles of U.S. currency held together by rubber bands. Each bundle
10 | contained several denominations of currency.
UW
.EVIDENCE
0
14 | The following items were seized by this officer and tuned over to Agents Yang and
15 | :Rubalcava:
16
17| {Item #4 A large amount of U.S. currency to be counted at a later date
18 jltem #2 Numerous notebooks, papers, receipts (Indicia)
19 ‘Item #3 Four cell phones
20| ‘Item #4 Two laptop computers
a!
22; RECOMMENDATIONS:
2),
: [recommend a-copy of this report be forwarded to the Fresno County District Attorney's
25=| | Officer for review and prosecution of Crystal Thomas for the following:

a7! ‘4370.6 H&S.
28; ;(a) Every person who possesses any moneys or negotiable instruments in excess
29; ; of one hundred thousand dollars ($100,000) which have been obtained as the
30! | result of the unlawful sale, possession for sale, transportation, manufacture, offer
31 for sale, or offer to manufacture any controlled substance listed in Section 11054,
32 11055, 11056, 11057, or 11058, with knowledge that the moneys or negotiable
33 instruments have been so obtained, and any person who possesses any moneys
34 or negotiable instruments in excess of one hundred thousand dollars ($100,000)
35 which are intended by that person for the unlawful purchase of any controlled

Prepared by: Reviewed by:
Officer S.T. Kensey, ID 15653 Sgt. B. Yokley, ID 15112
Page 8 of 9
California Highway Patrol
‘Central Division
CASE #: F877-412-2020
Investigative Services Unit
Investigative Report

1L ustance listed in Section 11054, 11055, 11056, 11057, or 11058 and who
2 | icommits an act in substantial furtherance of the unlawful purchase, shall be
3 ‘punished by imprisonment in a county jail for a term not to exceed one year, or
4 , by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for
5| !two, three, or four years. tu

6 (b) In consideration of the constitutional right to counsel afforded by the Sixth ¢

7 Amendment to the United States Constitution and Section 15 of Article 1 of the
8 California Constitution, when a case charged under subdivision (a) involves an
9: ‘attorney who accepts a fee for representing a client in a criminal investigation or
10} ‘proceeding, the prosecution shall additionally be required to prove that the
11 + ,moneys or negotiable instruments were accepted by the attorney with the intent
12: ‘to participate in the unlawful conduct described in subdivision (a) or to disguise or
13 | -aid in disguising the source of the funds or the nature of the criminal activity.
14: .(c) In determining
the guilt or innocence ofa person charged under subdivision
15 (a), the trier of fact may consider the following in addition to any other relevant
16 evidence:
1
17
18 | (1) The lack of gainful employment by the person charged.
19] ;(2) The expert opinion of a qualified controlled substances expert as to the
20! ‘source of the assets.
21] |(3) The existence of documents or ledgers that indicate sales of controlled
22., : substances.
23) |
| (Amended by Stats. 2011, Ch. 15, Sec. 167. (AB 109) Effective April 4, 2011.
24! | Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011; Ch.
25 |39, Sec. 68.)
t
26
21||
28
29
30)|
31
32
33
34

: Prepared by: Reviewed by:
‘ Officer ST. Kensey, ID 15653 Sgt. B. Yokley, ID 16112.
Page 9 of9.
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February 07, 2022

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Complaint,Petition: The People of the State of California vs. Crystal Thomas

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