KAMALA D. HARRIS
Attorney General of California
RONALD D. SMETANA
Senior Assistant Attorney General
State Bar No. 62818
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 703-5856
Fax: (415) 703-1234
E-mail: [email protected]
JILL RAVITCH
District Attorney
ROBIN B. HAMMOND
Deputy District Attorney
State Bar No. 213432
Hall of Justice
600 Administration Drive, Room 212-J
Santa Rosa, CA 95403
Telephone: (707) 565-2311
Fax: (707) 565-2762
E-mail: [email protected]
Attorneys for the People
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
THE PEOPLE OF THE STATE OF CALIFORNIA, )
Vs.
)
)
)
)
ALDO JOSEPH BACCALA
)
)
)
_________________________________Defendant. )
WARRANT
FELONY COMPLAINT
Section 487(a) PC (24 cts)
25401 CC (131 cts)
368(d) PC (8 cts)
25541(a) CC (1ct)
NOTICE: Conviction for these offenses may require you to provide specimens and
samples pursuant to Penal Code Section 296 if you are convicted of a felony offense or have a
prior qualifying offense in your criminal background. Willful refusal to provide the
specimens and samples is a crime.
1
The Little Flower, 8700 Lawyers Road, Charlotte, North Carolina:
THE UNDERSIGNED, being duly sworn, deposes and says, upon information and belief,
that the said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of
California, on or about the 17th day of March, 2005, violate Section 487(a) of the PENAL CODE,
a felony, in that he did unlawfully take from JOHN AND KAREN ASHBAUGH, TRUSTEES,
money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars
($950).
COUNT II
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Count I hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 16th day of May,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD
AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT III
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-II hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 7th day of June,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD
CHIN, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT IV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-III hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day of June,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM
DARRELL TURNER, TRUSTEE, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
2
COUNT V
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-IV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 23rd day of June,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to ANN RIVO,
TRUSTEE, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT VI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-V hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day of July,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to MARK AND
OLGA BARZMAN, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT VII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-VI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day of July,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to BORIS
MILRUD, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT VIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-VII hereof complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of July,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to BRUCE
MENTCH, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
3
COUNT IX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-VIII hereof, , complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of July,
2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from
BRUCE MENTCH money and personal property which aggregates to a value exceeding Nine
Hundred Fifty Dollars ($950).
COUNT X
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-IX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of July,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to ROBERT
AND JOAN LIPMAN, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-X hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of July,
2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from
ROBERT AND JOAN LIPMAN money and personal property which aggregates to a value
exceeding Nine Hundred Fifty Dollars ($950).
COUNT XII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day of August,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to MATTHEW
WICK, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
4
COUNT XIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day of August,
2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from
MATTHEW WICK money and personal property which aggregates to a value exceeding Nine
Hundred Fifty Dollars ($950).
COUNT XIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to JOHN AND JOYCE FULLER, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT XV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
September, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from JOHN AND JOYCE FULLER money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
COUNT XVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 26th day of
September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to LEANG YEE, TRUSTEE, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
5
COUNT XVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of
September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to CHARLES AND BARBARA MOLLER, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT XVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XVII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 28th day of
September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND ELLEN SULLIVAN, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT XIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XVIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 28th day of
September, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from PAUL AND ELLEN SULLIVAN money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
COUNT XX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of
October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ROY AND LINDA MUSICK, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
6
COUNT XXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DOMINIC JOHN AND ANNE GRAHAM, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT XXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
October, 2005, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft,
embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950, and knew and reasonably should have known that said
people, DOMINIC JOHN AND ANNE GRAHAM, were elder adults.
COUNT XXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of
November, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to MAZYAR AND MARYAN SEHRGOSHA, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT XXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of
December, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND ELLEN SULLIVAN, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
7
COUNT XXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of
December, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from PAUL AND ELLEN SULLIVAN money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
COUNT XXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of
January, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
SYLVIE AND JAMES PALMER, TRUSTEES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT XXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of
January, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT XXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day
of February, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
8
COUNT XXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day
of March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
LARRY ASHDOWN, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XXX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
SUSAN TURNER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XXXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
SYLVIE AND JAMES PALMER, TRUSTEES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT XXXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
9
COUNT XXXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day
of May, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
GARY DEGRAFFENREID, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT XXXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day
of May, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT XXXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXIV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day
of May, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
EDWARD AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT XXXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day
of July, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
STEVEN AND GENEVIEVE DAVIDSON, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
10
COUNT XXXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXVI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 24th day
of February, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to EDWARD AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT XXXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day
of March, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
LARRY ASHDOWN, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XXXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day
of March, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
SUSAN TURNER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XL
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XXXIX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day
of May, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
11
6401 and 6441 Holder Road, Clemmons, North Carolina:
COUNT XLI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XL hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of July,
2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to SUSAN
TURNER, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT XLII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to RAYMOND AND MILDRED NIZIBIAN, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT XLIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to JENNIE OPPENHEIMER AND NICHOLAS WILTON, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
12
COUNT XLIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT XLV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day of
October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
WILLIAM DARRELL AND SUSAN TURNER, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT XLVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day of
October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
PATSY CAROL DAVIS, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XLVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 24th day of
October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, by means of a written or
oral communication which included an untrue statement of a material fact or omitted to state a
material fact necessary to make the statement made not misleading in light of the circumstances
under which it was made.
13
COUNT XLVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 24th day
of October, 2007, violate Section 368(d) of the PENAL CODE, a felony, in that he committed
theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950, and knew and reasonably should have known that said
people, DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, were elder
adults.
COUNT XLIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 26th day
of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to MICHAEL AND RENEE EASTMAN, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT L
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XLIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
CHAD AND EDIE KODET, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT LI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-L hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
October, 2007, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from CHAD AND EDIE KODET money and personal property which aggregates to a value
exceeding Nine Hundred Fifty Dollars ($950).
14
COUNT LII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
WAYNE SEDEN AND MIRIAM AGARD-SEDEN, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT LIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of
November, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to CHRIS AND CATHY GONZALES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT LIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 19th day of
November, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to STEVEN WALKUP AND DEBORAH OWEN, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT LV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day of
December, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to RAYMOND AND MILDRED NIZIBIAN, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
15
COUNT LVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day of
December, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to RAYMOND AND BARBARA EASTMAN, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT LVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 16th day of
January, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
CHARLES MOLLER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LVII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of
January, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
BRUCE AND JOY MENTCH, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT LIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LVIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 31st day of
January, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
VINCENT MONTANELLI, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
16
COUNT LX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 22nd day of
February, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, by means of a written or
oral communication which included an untrue statement of a material fact or omitted to state a
material fact necessary to make the statement made not misleading in light of the circumstances
under which it was made.
COUNT LXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 22nd day of
February, 2008, violate Section 368(d) of the PENAL CODE, a felony, in that he committed
theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950, and knew and reasonably should have known that said
people, DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, were elder
adults.
Jenni-Lynn, 915 Hook Avenue, West Columbia, South Carolina:
COUNT LXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of May,
2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD
AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
17
COUNT LXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day of July,
2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to BEVERLY
MILLER, TRUSTEE, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of August,
2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to BEVERLY
MILLER, TRUSTEE, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
September, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to ROY AND LINDA MUSICK, TRUSTEES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT LXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of
January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
BORIS AND KATE MILRUD, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
18
COUNT LXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of
January, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from BORIS AND KATE MILRUD money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
COUNT LXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day
of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to MARK AND OLGA BARZMAN, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT LXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 2nd day
of February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to LEON BARZMAN AND ANNA SULKINA, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT LXX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 4th day of
February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
JENNIE WILTON AND NICHOLAS OPPENHEIMER, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
19
COUNT LXXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of
February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
CHAD RAY KODET, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LXXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of
February, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from CHAD RAY KODET money and personal property which aggregates to a value
exceeding Nine Hundred Fifty Dollars ($950).
COUNT LXXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day
of February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to DUSTIN KODET, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LXXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day
of February, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did
unlawfully take from DUSTIN KODET money and personal property which aggregates to a value
exceeding Nine Hundred Fifty Dollars ($950).
20
COUNT LXXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXIV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day
of March, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
KENT ARMBRIGHT, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LXXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day
of April, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
JENNIE WILTON AND NICHOLAS OPPENHEIMER, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT LXXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXVI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day
of September, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to BORIS AND KATE MILRUD, TRUSTEES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT LXXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
BORIS AND KATE MILRUD, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
21
The Gardens of Statesville, 2147 Davie Avenue, Statesville, North Carolina:
COUNT LXXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day
of September, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT LXXX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXIX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day
of September, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND OLGA SYDELL, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT LXXXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day
of October, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to EDWARD AND MARIBEL CHIN, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
22
COUNT LXXXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day
of October, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to JENNIE OPPENHEIMER AND NICHOLAS WILTON, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT LXXXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day
of October, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to RAYMOND AND BARBARA EASTMAN, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT LXXXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to DOMINIC JOHN AND ANNE GRAHAM, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT LXXXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXIV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to HOWARD AND MIRIAM SEDEN, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
23
COUNT LXXXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to TANIA GRAHAM AND KEVIN AMBROSE, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT LXXXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXVI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT LXXXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to SUSAN TURNER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT LXXXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND OLGA SYDELL, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
24
COUNT XC
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-LXXXIX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 16th day
of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to WILLIAM F. OWEN, JR., by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT XCI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XC hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of
November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to ANTHONY AND LYNN FULLER, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT XCII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day of
January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DENNIS MICHAEL AND LORI GONZALES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT XCIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DENNIS MICHAEL AND LORI GONZALES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
25
COUNT XCIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
WILLIAM F. OWEN, JR., by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XCV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
SUSAN TURNER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT XCVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of
January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ROBERT AND JAMES MATTEI, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT XCVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of
January, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from ROBERT AND JAMES MATTEI money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
26
COUNT XCVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day
of April, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
RICHARD AND PAMELA EASTMAN, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT XCIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day
of April, 2005, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft,
embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950, and knew and reasonably should have known that said
people, RICHARD AND PAMELA EASTMAN, were elder adults.
COUNT C
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-XCIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of May,
2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to JOHN AND
JOYCE FULLER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT CI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-C hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day of
October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
EDWARD AND MARIBEL CHIN, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
27
COUNT CII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 4th day of
November, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND OLGA SYDELL, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
November, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND OLGA SYDELL, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
November, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from PAUL AND OLGA SYDELL money and personal property which aggregates to a value
exceeding Nine Hundred Fifty Dollars ($950).
COUNT CV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of March,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND
ELLEN SULLIVAN, TRUSTEES, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
28
COUNT CVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of March,
2006, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from
PAUL AND ELLEN SULLIVAN, TRUSTEES, money and personal property which aggregates to
a value exceeding Nine Hundred Fifty Dollars ($950).
COUNT CVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day of April,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to RICHARD
AND PAMELA EASTMAN, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CVII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of April,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to CHARLES
AND BARBARA MOLLER, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CVIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 2nd day of May,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to SYLVIE
AND JAMES PALMER, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
29
COUNT CX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 3rd day of May,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to MERILEE
FIELDING, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 3rd day of May,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to KAREN
VAN DINE, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 3rd day of
December, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to KAREN VAN DINE, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
March, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL
AND OLGA SYDELL, TRUSTEES, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
30
COUNT CXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 2nd day of April,
2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to KAREN
VAN DINE, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 2nd day of June,
2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to KAREN
VAN DINE, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to PAUL AND ELLEN SULLIVAN, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of April,
2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to KAREN
VAN DINE, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
31
Premier Capital Lending, LLC:
COUNT CXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 19th day
of June, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
JAMES MCBRIDE, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT CXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 19th day
of June, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL
AND ELLEN SULLIVAN, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 19th day of June,
2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM
DARRELL AND SUSAN TURNER, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CXXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 26th day of June,
2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to JAMES
MCBRIDE, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
32
COUNT CXXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 26th day of June,
2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to RANDAL
ZUCKER AND TAMARA GOLDSMITH, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to JOHN
AND KAREN ASHBAUGH, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ROBERT AND ELLEN BARTEL, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CXXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXIV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day
of July, 2007, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from ROBERT AND ELLEN BARTEL money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
33
COUNT CXXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ROBERT AND JAMES MATTEI, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CXXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXVI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to RAY
TOMASELLO, by means of a written or oral communication which included an untrue statement
of a material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CXXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
JENNIE OPPENHEIMER AND NICHOLAS WILTON, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CXXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 19th day
of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
LAWRENCE LIPMAN, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
34
COUNT CXXX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXIX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 3rd day
of April, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DOMINIC JOHN AND HANNAH GRAHAM, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CXXXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 3rd day
of April, 2008, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft,
embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950.00, and knew and reasonably should have known that said
people, DOMINIC JOHN AND HANNAH GRAHAM, TRUSTEES, were elder adults.
COUNT CXXXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day
of April, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
CHRIS GONZALES AND VEEMA, INC., by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXXXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day
of April, 2008, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from CHRIS GONZALES AND VEEMA, INC. money and personal property which
aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).
35
COUNT CXXXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 7th day
of May, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
HYAM AND JUNE LIEBLING, by means of a written or oral communication which included an
untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CXXXV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXIV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 7th day
of May, 2008, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft,
embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950.00, and knew and reasonably should have known that said
people, HYAM AND JUNE LIEBLING, were elder adults.
COUNT CXXXVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day
of August, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
CHARLES AND BARBARA MOLLER, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CXXXVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXVI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day
of August, 2008, violate Section 368(d) of the PENAL CODE, a felony, in that he committed
theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950.00, and knew and reasonably should have known that said
people, CHARLES AND BARBARA MOLLER, TRUSTEES, were elder adults.
36
Nevada Car Wash, LLC:
COUNT CXXXVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 13th day
of July, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
RONALD AND JUDITH WALTERS, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXXXIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 13th day
of July, 2004, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft,
embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950.00, and knew and reasonably should have known that said
person, RONALD AND JUDITH WALTERS, were elder adults.
COUNT CXL
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXXXIX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day
of October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to RONALD AND JUDITH WALTERS, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXLI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXL hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
October, 2005, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft,
embezzlement, forgery, fraud, and identity theft with respect to the property and personal
identifying information of elder adults, said property, money, labor, goods, and services taken and
obtained having a value exceeding $950.00, and knew and reasonably should have known that said
people, RONALD AND JUDITH WALTERS, were elder adults.
37
COUNT CXLII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of July,
2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer securities for sale and sell securities in this state to PATSY
DAVIS, by means of a written or oral communication which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CXLIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day
of July, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
SUSAN TURNER, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT CXLIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day
of July, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in
that he did willfully and unlawfully offer securities for sale and sell securities in this state to
WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXLV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLIV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day
of August, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
ROY AND LINDA MUSICK, TRUSTEES, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
38
COUNT CXLVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLV hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day
of August, 2006, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from ROY AND LINDA MUSICK, TRUSTEES, money and personal property which
aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).
COUNT CXLVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLVI hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day
of August, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
MICHAEL AND RENEE EASTMAN, by means of a written or oral communication which
included an untrue statement of a material fact or omitted to state a material fact necessary to make
the statement made not misleading in light of the circumstances under which it was made.
COUNT CXLVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day
of August, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
CHARLES AND BARBARA MOLLER, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CXLIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day
of August, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
LEANG YEE, TRUSTEE, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
39
COUNT CL
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CXLIX hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 31st day
of August, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
DOMINIC JOHN AND HANNAH GRAHAM, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CLI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CL hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
September, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to CHAD AND EDIE KODET, by means of a written or oral communication which included
an untrue statement of a material fact or omitted to state a material fact necessary to make the
statement made not misleading in light of the circumstances under which it was made.
COUNT CLII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
September, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to ROY AND LINDA MUSICK, TRUSTEES, by means of a written or oral communication
which included an untrue statement of a material fact or omitted to state a material fact necessary
to make the statement made not misleading in light of the circumstances under which it was made.
COUNT CLIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of
September, 2006, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from ROY AND LINDA MUSICK, TRUSTEES, money and personal property which
aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).
40
COUNT CLIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLIII hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of
September, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to JENNIE OPPENHEIMER AND NICHOLAS WILTON, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CLV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLIV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of
January, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
MAZYAR AND MARYAN SEHRGOSHA AND B TO REPS, INC., by means of a written or
oral communication which included an untrue statement of a material fact or omitted to state a
material fact necessary to make the statement made not misleading in light of the circumstances
under which it was made.
COUNT CLVI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLV hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
January, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony,
in that he did willfully and unlawfully offer securities for sale and sell securities in this state to
JEFFREY IVERSEN, by means of a written or oral communication which included an untrue
statement of a material fact or omitted to state a material fact necessary to make the statement
made not misleading in light of the circumstances under which it was made.
COUNT CLVII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLVI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of
January, 2007, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from JEFFREY IVERSEN money and personal property which aggregates to a value
exceeding Nine Hundred Fifty Dollars ($950).
41
COUNT CLVIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLVII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day
of February, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a
felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this
state to JOHN AND KAREN ASHBAUGH, TRUSTEES, by means of a written or oral
communication which included an untrue statement of a material fact or omitted to state a material
fact necessary to make the statement made not misleading in light of the circumstances under
which it was made.
COUNT CLIX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLVIII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day
of February, 2007, violate Section 487(a) of the PENAL CODE, a felony, in that he did
unlawfully take from JOHN AND KAREN ASHBAUGH, TRUSTEES, money and personal
property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).
Late Promissory Notes
COUNT CLX
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLIX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day of August,
2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he
did willfully and unlawfully offer to sell or sell a security to a person or persons to wit ROBERT
BARTEL by means of written and oral communications which included an untrue statement of a
material fact or omitted to state a material fact necessary to make the statement made not
misleading in light of the circumstances under which it was made.
COUNT CLXI
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLX hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 23rd day of
January, 2008 through the 8th day of August, 2008, violate Section 487(a) of the PENAL
CODE, a felony, in that he did unlawfully take from ROBERT BARTEL money and personal
property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).
42
COUNT CLXII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLXI hereof, complainant further
complains and says upon further information and belief, that said defendant, ALDO JOSEPH
BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day of August,
2008, violate Section 487(a) of the PENAL CODE, a felony, in that he, did unlawfully take from
SUSAN GILLIAM money and personal property which aggregates to a value exceeding Nine
Hundred Fifty Dollars ($950).
COUNT CLXIII
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLXII hereof, complainant
further complains and says upon further information and belief, that said defendant, ALDO
JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day
of June, 2008, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully
take from DENNIS MICHAEL GONZALEZ money and personal property which aggregates to a
value exceeding Nine Hundred Fifty Dollars ($950).
COUNT CLXIV
As and for a further and separate cause of action, being a different offense from but
connected in its commission with the crime set forth in Counts I-CLXIII hereof, complainant
further complains and says upon further information and belief, that said defendant,
ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the
24th day of May, 2004 through the 8th day of August, 2008, violate Section 25541(a) of the
CORPORATIONS CODE, a felony, in that he did willfully and unlawfully engage in acts,
practices and a course of business which operated as a fraud and deceit upon a person or persons in
connection with the offer of a security to investors in The Little Flower, 8700 Lawyers Road,
Charlotte, North Carolina, 6401 and 6441 Holder Road, Clemmons, North Carolina, Jenni-Lynn,
915 Hook Avenue, West Columbia, South Carolina, The Gardens of Statesville, 2147 Davie
Avenue, Statesville, North Carolina, Premier Capital Lending, LLC, the Nevada Car Wash Group,
LLC, and other promissory notes.
IT IS FURTHER ALLEGED, as described in Penal Code section 803(c), that each of the
above violations were not discovered until NOVEMBER of 2008 by THE VICTIMS NAMED IN
COUNTS I - CLXIV until a LETTER WAS SENT OUT TO ALL THE INVESTORS BY ALDO
BACCALA WHICH INDICATED THAT PAYMENTS ON ALL PROMISSORY NOTES
WOULD BE SUSPENDED INDEFINITELY, and that no victim of said violation and no law
enforcement agency chargeable with the investigation and prosecution of said violation had actual
and constructive knowledge of said violation prior to said date because NO SINGLE INVESTOR
HAD INFORMATION ABOUT THE NATURE AND EXTENT OF ALDO BACCALA’S
INVESTMENTS, AND WITH ALDO BACCALA’S SUBSTANTIAL HISTORY OF PAYING
HIS NOTES, INVESTORS HAD NO REASON TO SUSPECT THAT THE SECURITIES
BACCALA OFFERED FOR HIS INVESTMENTS WERE FRAUDULENT, within the meaning
of Penal Code section 803(c).
43
IT IS FURTHER ALLEGED, pursuant to Penal Code section 186.11(a), that the offenses
set forth in counts I - CLXIV 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).
NOTICE: A conviction of this offense excludes defendant from a sentence of
imprisonment in the county jail pursuant to Penal Code section 1170(h).
IT IS FURTHER ALLEGED as to Counts One I, VIII, XI, XIII, XV, XIX, XXII, XXV,
XLVIII, LI, LXI, LXVII, LXXII, LXXIV, XCVII, XCIX, CIV, CVI, CXXV, CXXXI, CXXXIII,
CXXXV, CXXXVII, CXXXIX, CXLI, CXLVI, CLIII, CLVII, CLIX, CLXI, CLXII and CLXIII
that in the commission of the above offenses the said defendant, ALDO JOSEPH BACCALA,
with the intent to do so, took, damaged and destroyed property of a value exceeding $3,200,000,
within the meaning of Penal Code Sections 12022.6(a)(4) and 1203.045.
MARSY’S LAW
Information contained in the reports being distributed as discovery in this case may contain
confidential information protected by Marsy’s Law and the amendments to the State of California
Constitution Section 28. Any victim(s) in any above referenced charge(s) is entitled to be safe and
free from intimidation, harassment, and abuse. The defendant(s), defense counsel, and any other
person acting on behalf of the defendant(s) is admonished not to use any information contained in
the reports to locate or harass any victim or the victim(s)’s family and to not disclose any
information that is otherwise privileged and confidential by law. Additionally, it is a misdemeanor
violation of Penal Code Section 1054.2a(3) to disclose the address and telephone number of a
victim or witness to a defendant, defendant’s family member, or anyone else. Note exceptions
provided in Penal Code Section 1054.2a(1) and (2).
Complainant therefore prays that a warrant issue and that said defendant be dealt with
according to law.
______________________________________
DEPUTY DISTRICT ATTORNEY
Subscribed and sworn to before me this _____Day of ______________________, 20_______
_______________________________________
_______
Clerk of the Superior Court
5/11/2012
RBH/mb
DAI 591050
DAR-591050
44