News

http://www.cslb.ca.gov/GeneralInformation/Newsroom/PressReleases/PressReleases2013/News20130729.asp

CSLB Press Release – 07/29/13

15 Feel the Sting from CSLB for Illegal Contracting in Concord

One suspect’s charges increase after attempt to alert others about the undercover operation

SACRAMENTO — One illegal contractor may have thought he was doing others a favor by trying to warn them away from a Contractors State License Board (CSLB) undercover sting operation in Concord, but his actions only added to the criminal charges against him. He was among 15 individuals arrested for contracting without a required state contractor license and other misdemeanor charges during the July 24-25, 2013, activity.

CSLB’s Statewide Investigative Fraud Team (SWIFT) conducted the sting at a residential house with the assistance of the Contra Costa County District Attorney’s Office. Investigators sought bids for painting, concrete, fencing, landscaping, HVAC, and tree work from suspects who were contacted through business cards, ads in online bulletin boards, including craigslist.org, and complaints filed with CSLB.

Moises Galban Zamora, of Oakland, defied instructions to avoid telling others about the sting after he had been arrested on two illegal contracting charges. Failure to follow those instructions earned him an additional citation for resisting a peace officer and driving without a license; his vehicle was impounded.

“Unlicensed contractors put homeowners in jeopardy,” said CSLB Registrar Steve Sands. “If a contractor isn’t properly licensed and insured, the homeowner could pay more than expected to get the job done right or could be liable for accidental onsite injuries. It only takes a few seconds to check a contractor license on CSLB’s website for peace of mind,” Sands said.

Fourteen of the suspects face misdemeanor charges of contracting without a license (Business and Professions Code section 7028). Ten were cited for illegal advertising (Business and Professions Code section 7027.1). State law requires that contractors include their license number in all forms of advertising, including online ads. Those without a license can advertise as long as the ad states that they are not a state-licensed contractor, and the combined total of a project’s labor and material costs is under $500.

Two individuals were cited for requesting an excessive down payment (Business and Professions Code section 7159.5 (a)(3)(b)). The legal down payment limit is 10 percent or $1,000, whichever is less. Also, one citation was issued for failure to have the required CSLB Home Improvement Salesperson registration (Business and Professions Code section 7153). It is a misdemeanor for any home improvement company salesperson in California to write contracts for their employer without being CSLB-registered.

CSLB conducts sting operations throughout the state each week to protect consumers, help level the playing field for legitimate contractors, and to curb the underground economy.

Suspects must answer to the various illegal contracting charges on a date to be determined in Contra Costa County Superior Court, 900 Ward Street, Third Floor, Martinez, CA 94553.

JULY 24 NOTICES TO APPEAR:

SUSPECT NAME
CITY OF RESIDENCE
LICENSE CLASSIFICATION VIOLATIONS
Matthew A. Abante
Pleasant Hill
C8 – Concrete Contractor Contracting without a license,
Excessive down payment
Steven Lee Swanson
Pleasant Hill
C13 – Fencing Contractor Contracting without a license
Fernando Nares
Oakland
C33 – Painting and Decorating Contractor Contracting without a license
Antonio Montero
Suisun City
C27 – Landscaping Contractor Contracting without a license,
Illegal advertising
Alejandro Chavez Rodriguez
Concord
C13 – Fencing Contractor Contracting without a license
J. Eliazar Navarrete Carrillo
Antioch
C13 – Fencing Contractor Contracting without a license,
Illegal advertising
Christian Wilfredo Soto
Concord
C20 – Warm-Air Heating, Ventiliating, and Air Conditioning Contractor Contracting without a license,
Illegal advertising,
Displaying a license not issued to individual
Juan Carlos Miguel Gasca Camacho
Concord
C33 – Painting and Decorating Contractor Contracting without a license,
Illegal advertising,
Excessive down payment
Jamal Maalik Stokley
El Cerrito
C33 – Painting and Decorating Contractor Unregistered salesperson
Fernando Luis Carnero
Fairfield
C33 – Painting and Decorating Contractor Contracting without a license,
Illegal advertising

NOTICES TO APPEAR ISSUED JULY 25:

 

SUSPECT NAME

CITY OF RESIDENCE

LICENSE CLASSIFICATION
VIOLATIONS
Marcus Rodriguez Gonzales
Richmond
C8 – Concrete Contractor Contracting without a license,
Illegal advertising
Moises Galban Zamora
Oakland
C33 – Painting and Decorating Contractor Contracting without a license,
Illegal advertising,
Resisting arrest,
Driving without a license
Michael Henson
Tracy
B – General Building Contractor Contracting without a license
Mauro Maravilla Barajas
Fairfield
C27 – Landscaping Contractor Contracting without a license,
Illegal advertising
Cristobal Manuel J. Pacheco
Concord
C61, D49 – Tree Service Contractor Contracting without a license,
Illegal advertising

Visit CSLB’s website for tips about how to hire a contractor.

The Contractors State License Board licenses and regulates about 300,000 contractors in California, and is regarded as one of the leading consumer protection agencies in the United States. It operates under the umbrella of the California Department of Consumer Affairs. In fiscal year 2012-13, CSLB helped recover nearly $44 million in ordered restitution for consumers. More information and publications about hiring contractors are available on CSLB’s website or by calling (800) 321-CSLB (2752). You also can sign up for CSLB email alerts.

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http://www.cslb.ca.gov/GeneralInformation/Newsroom/PressReleases/PressReleases2013/News20130719.asp

 

CSLB Press Release – 07/19/13

Contractors State License Board Stings Dozens during Simultaneous Statewide Undercover Operations

Suspects include convicted felon and registered sex offender

SACRAMENTO — Nearly 80 people face various criminal charges after being caught this week by the Contractors State License Board(CSLB) during 13 undercover sting operations at seven locations throughout California.

Among those arrested in CSLB’s summer California Blitz were a convicted felon, a registered sex offender, and two suspects caught with drugs or drug paraphernalia.

Investigators from CSLB’s Statewide Investigative Fraud Team (SWIFT) conducted stings on July 17 and 18, 2013, in Artesia (Los Angeles County), Fresno (Fresno County), Long Beach (Los Angeles County), Oxnard (Ventura County), Redding (Shasta County), Sacramento (Sacramento County), and South Lake Tahoe (El Dorado County). SWIFT investigators posed as homeowners seeking bids for home improvement projects, including painting, electrical, landscaping, flooring, tile, concrete, ornamental metal, fencing, and tree removal work.

A total of 79 individuals were arrested, given a Notice to Appear (NTA) in Superior Court, and now may face misdemeanor charges of contracting without a license (Business and Professions Code section 7028). The penalty for a conviction is up to six months in jail and/or a fine of up to $5,000. At least one suspect is a repeat offender and could face a mandatory 90-day jail sentence if convicted a second time.

Fifty-two of the individuals also may be charged with illegal advertising (Business and Professions Code section 7027.1). State law requires contractors to place their license number in all print, broadcast, and online advertisements. Those without a license can advertise to perform jobs valued at less than $500, but the ad must state that they are not a licensed contractor. The penalty is a fine of $700 to $1,000.

Thirteen others may be charged with requesting an excessive down payment (Business and Professions Code section 7159.5). In California, a home improvement project down payment cannot exceed 10 percent of the contract total or $1,000, whichever is less. This misdemeanor charge carries a maximum penalty of six months in jail and/or up to a $5,000 fine.

Thirteen of the phony contractors also were issued Stop Orders (Business and Professions Code section 7127). CSLB investigators can halt job site activity when any person with or without a contractor license does not have workers’ compensation insurance coverage for employees. Failure to comply with a Stop Order can result in misdemeanor charges and penalties, including 60 days in jail and/or up to $10,000 in fines.

Sting totals may increase as some suspects are expected to provide their bids via email or fax at a later date. A majority of those caught this week were identified through illegal ads on craigslist.org.

“CSLB and its partners in law enforcement are serious about enforcing California’s consumer protection laws,” says says CSLB Registrar Steve Sands. “Unlicensed, illegal activity that puts homeowners at risk and legitimate contractors at a competitive disadvantage will not be tolerated.”

STING NOTES

Artesia (July 17-18)

• Arrest of 11 suspected unlicensed contractors

• When investigators identified themselves and told the suspect he was in a sting, the suspect said his identification was in his truck. Instead of getting it, he drove away, leaving behind his cell phone and paperwork.

• A suspect asked investigators not to give him an NTA because it would violate his parole. He received an NTA.

Fresno (July 17-18)

• Arrest of 10 suspected unlicensed contractors

• One suspect didn’t show up for his appointment on day one of the sting because he was arrested the night before at a local gaming casino. The suspect’s wife called the CSLB investigator and rescheduled for day two. Both showed up to give a bid. But, while in the backyard, they left abruptly, hurried to their car, and left.

• One suspect gave a bid of $3,300 for landscaping, including $500 for each sprinkler valve.

Long Beach (July 17-18)

• Arrest of 15 suspected unlicensed contractors

• One unlicensed suspect who gave investigators a bid of $1,400 for interior painting showed a portfolio of his other work that included demolition, plumbing and roofing.

• One suspect brought two employees and supplies with him, expecting to get the job and start right away. As the employees started to unload their tools, the boss received his NTA.

Oxnard (July 17-18)

• Arrest of 12 suspected unlicensed contractors

• One suspect was a convicted felon on parole and also in possession of drug paraphernalia. He was taken into custody.

• One suspect is a registered sex offender.

• It took investigators more than two hours to properly identify one suspect who had a long list of aliases.

• Oxnard Code Enforcement issued 15 citations to suspects who didn’t have a city business license. Redding (July 17 only)

• Arrest of 8 suspected unlicensed contractors

Sacramento (July 17-18)

• Arrest of 11 suspected unlicensed contractors

• Two arrested were taken to jail: One for possession of an illegal substance; the other for possession of drug paraphernalia and having an arrest warrant.

South Lake Tahoe (July 17-18)

• Arrest of 12 suspected unlicensed contractors

• Six of those arrested are residents of Nevada.

• One suspect bid $9,800 for a new deck; another bid $8,000 for landscaping work.

More than 35 people from CSLB and the following agencies took part in the two-day operation:

Location Notices to Appear
Partner Agencies
ArtesiaLos Angeles County 11 Department of Consumers Affairs Division of Investigation
FresnoFresno County 10 Fresno County District Attorney’s Office
Long BeachLos Angeles County 15 Long Beach Police DepartmentDepartment of Consumers Affairs Division of Investigation

Long Beach City Prosecutor’s Office

OxnardVentura County 12 City of Oxnard Police DepartmentCity of Oxnard Code Enforcement

Ventura County District Attorney’s Office

ReddingShasta County 21 Shasta County District Attorney’s Office
SacramentoSacramento County 11 Sacramento County District Attorney’s OfficeDepartment of Consumer Affairs Division of Investigation
South Lake TahoeEl Dorado County 12 El Dorado County District Attorney’s OfficeCalifornia Department of Insurance

Arrest tallies from specific sting locations are available by contacting CSLB’s Public Affairs Office (see page one contacts).CSLB encourages consumers to always “Check the License First” by visiting www.cslb.ca.gov or calling CSLB’s toll-free automated line 800.321.CSLB (2757). Also, visit CSLB’s website for tips about how to hire a contractor and to sign up for CSLB email alerts.

The California Contractors State License Board operates under the umbrella of the Department of Consumer Affairs. CSLB licenses and regulates California’s 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. In fiscal year 2012-13, CSLB helped recover nearly $44 million in ordered restitution for consumers.

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https://www.youtube.com/watch?v=hq39OYoW6y4

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CSLB Alerts Central Coast Residents about Illegal Electrician

CSLB investigators ask consumer victims to come forward

SACRAMENTO – Contractors State License Board (CSLB) investigators have determined that substandard, dangerous electrical work performed by an unlicensed individual, Danny Jess Langley, of Langley Construction, who operates throughout the Central Coast region, may have put his customers at risk and are asking them to contact authorities.

Langley, who pleaded guilty to unlicensed contracting in 2011, was located at a Carmel Valley job site last year by local law enforcement authorities and CSLB’s Statewide Investigative Fraud Team (SWIFT).  In addition to roofing and painting work, Langley was found to have performed electrical work.

Subsequent review of Langley’s work by an industry expert determined that the electrical work was not performed to state codes and presented a dangerous fire hazard. Langley uses the state contractor license number 657400, which was never issued to him, and is believed to still be working in the Central Coast. He also asks unsuspecting consumers to pull owner-builder construction permits from local building departments since he is unable to as an unlicensed individual. This places property owners at financial risk for project costs, employee payroll, and jobsite injuries.

He faces multiple felony counts at a trial currently set in Monterey County next month.

Langley is known to advertise and contract for home repair and remodeling jobs, specifically electrical, plumbing, and carpentry work. Anyone who was previously or currently is working with Langley for any type of construction work is asked to contact either CSLB’s Monterey SWIFT office at 831-620-1374 or Fresno SWIFT office at 559-490-0580. If Langley has performed work on your property, CSLB encourages you to have it inspected by a qualified building inspector.

CSLB encourages consumers to always “Check The License First” by visiting www.cslb.ca.gov or calling CSLB’s toll-free automated line 800.321.CSLB (2757). Also, visit CSLB’s website for tips about how to hire a contractor.

The Contractors State License Board licenses and regulates California’s 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. It operates under the umbrella of the California Department of Consumer Affairs.  In fiscal year 2011-12, CSLB helped recover nearly $36 million in ordered restitution for consumers. More information and publications about hiring contractors are available on CSLB’s website or by calling (800) 321-CSLB (2752). You also can sign up to receive CSLB email alerts.

—————————————————————————————————-

 

Illegal Contractors Advertising on Internet Still Being (Thursday, June 20, 2013)

Caught in Los Angeles Area CSLB Stings
Consumers urged to “Check the License First” before hiring

SACRAMENTO – Three more illegal contractors were caught in a Rolling Hills Estates undercover sting operation just one month after the Contractors State License Board (CSLB) arrested eight individuals who were contracting without required state licenses and other legal infractions in the same location.

CSLB’s Statewide Investigative Fraud Team (SWIFT) conducted the one-day sting in the southern Los Angeles area on June 19, 2013, with the assistance of the Los Angeles County Sheriff’s Department and the Department of Consumer Affairs’ Division of Investigation.

Undercover CSLB investigators sought bids for work on flooring, concrete, fencing, tree-trimming, and garage doors at the residential sting property. Suspects were contacted through business cards and ads that appeared in the online bulletin board craigslist.org.

“Property owners considering improvement projects should always consult CSLB’s online instant license check to ensure the individual is licensed and that their contractor license is in good standing,” said CSLB Registrar Steve Sands. “Consumers must remember that in California, CSLB-licensed contractors are required for all home improvement jobs totaling $500 or more in combined labor and material costs.”

Illegal contractors often put legitimate, tax-paying contractors at a competitive disadvantage, and, if a contractor isn’t properly licensed and insured, the homeowner could pay more than expected to get the job done right or could be liable for accidental onsite injuries. It only takes a few seconds to check a contractor license on CSLB’s website for peace of mind.

Two of the three suspects face misdemeanor charges of contracting without a license (Business and Professions Code section 7028). First-conviction penalties for contracting without a license include up to six months in jail and/or up to $5,000 in fines; subsequent convictions bring harsher penalties. One suspect was cited for requesting an excessive down payment (Business and Professions Code section 7159.5 (a)(3)(b)). The legal down payment limit is 10 percent or $1,000, whichever is less. Also, one citation was issued for failure to have the required CSLB Home Improvement Salesperson registration (Business and Professions Code section 7153). It is a misdemeanor for any home improvement company salesperson in California to write contracts for their employer without being CSLB-registered.

CSLB conducts sting operations throughout the state each week to protect consumers, help level the playing field for legitimate contractors, and to curb the underground economy.

The suspects must answer to the various illegal contracting charges on September 3, 2013, in Los Angeles Superior Court, 825 Maple Avenue, Torrance, CA 90503 (MAP).

The Contractors State License Board licenses and regulates California’s 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. It operates under the umbrella of the California Department of Consumer Affairs. In fiscal year 2011-12, CSLB helped recover nearly $36 million in ordered restitution for consumers. More information and publications about hiring contractors are available on CSLB’s website or by calling (800) 321-CSLB (2752). You also can sign up to receive CSLB email alerts.

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Business and Professions Code section 7027.1…

§ 7027.1 Advertising by unlicensed person; Penalties

  1. It is a misdemeanor for any person to advertise for construction or work of improvement covered by this chapter unless that person holds a valid license under this chapter in the classification so advertised, except that a licensed building or engineering contractor may advertise as a general contractor.
  2. “Advertise,” as used in this section, includes, but not by way of limitation, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine, or by airwave or any electronic transmission, or in any directory under a listing for construction or work of improvement covered by this chapter, with or without any limiting qualifications.
  3. A violation of this section is punishable by a fine of not less than seven hundred dollars ($700) and not more than one thousand dollars ($1,000), which fine shall be in addition to any other punishment imposed for a violation of this section.
  4. If upon investigation, the registrar has probable cause to believe that an unlicensed individual is in violation of this section, the registrar may issue a citation pursuant to Section 7028.7 or 7099.10.

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Business and Professions Code section 7028…

§ 7028. Engaging in business without license; Fine and punishment; Statute of limitations

  1. It is a misdemeanor for a person to engage in the business or act in the capacity of a contractor within this state without having a license therefor, unless the person is particularly exempted from the provisions of this chapter.
  2. A first conviction for the offense described in this section is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
  3. If a person has been previously convicted of the offense described in this section, unless the provisions of subdivision (d) are applicable, the court shall impose a fine of 20 percent of the contract price, or 20 percent of the aggregate payments made to, or at the direction of, the unlicensed contractor, or five thousand dollars ($5,000), whichever is greater, and, unless the sentence prescribed in subdivision (d) is imposed, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a jail sentence of less than 90 days for second or subsequent convictions under this section, the court shall state the reasons for its sentencing choice on the record.
  4. A third or subsequent conviction for the offense described in this section is punishable by a fine of not less than five thousand dollars ($5,000) nor more than the greater amount of ten thousand dollars ($10,000) or 20 percent of the contract price, or 20 percent of the aggregate payments made to, or at the direction of, the unlicensed contractor, and by imprisonment in a county jail for not more than one year or less than 90 days. The penalty provided by this subdivision is cumulative to the penalties available under all other laws of this state.
  5. A person who violates this section is subject to the penalties prescribed in subdivision (d) if the person was named on a license that was previously revoked and, either in fact or under law, was held responsible for any act or omission resulting in the revocation.
  6. If the person engaging in the business of or acting in the capacity of an unlicensed contractor has agreed to furnish materials and labor on an hourly basis, “the contract price” for the purposes of this section means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
  7. Notwithstanding any other provision of law, an indictment for any violation of this section by the unlicensed contractor shall be found or an information or complaint filed within four years from the date of the contract proposal, contract, completion, or abandonment of the work, whichever occurs last.
  8. For any conviction under this section, a person who utilized the services of the unlicensed contractor is a victim of crime and is eligible, pursuant to subdivision (f) of Section 1202.4 of the Penal Code, for restitution for economic losses, regardless of whether that person had knowledge that the contractor was unlicensed.

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How can I report unlicensed activity?

http://www.cslb.ca.gov/consumers/reportunlicensedactivity/HowCanIReportUnlicensedContractors.asp

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Revised Form I-9 Must be used by U.S. Employers Starting May 7, 2013…

Be aware of the Change in Form I-9 “Employment Eligibility Verification”…

From USCIS website:
“WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds employers that beginning today they must use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and re-verifications. All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States.
The revision date of the new Form I-9 is printed on the lower left corner of the form. Employers should not complete a new Form I-9 for existing employees, however, if a properly completed Form I-9 is already on file.

Resources:
Form: http://www.uscis.gov/files/form/i-9.pdf
I-9 Employer Handbook: http://www.uscis.gov/files/form/m-274.pdf
Website: http://www.uscis.gov/portal/site/uscis
Other Information: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

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