Amended Complaint: California Sex Trafficking Ring

1 2 3 4 5 6 7 8 9 10 11 12 13 XAVIER BECERRA Attorney General of California JAl\4ES ROOT Senior Assistant Attorney General DIANA CALLAGHAN Supervising Deputy Attorney General AMANDA PLISNER VIKRAM MANDLA Deputy Attorneys General State Bar No. 287101 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (323) 765-2019 Fax: (213) 897-2806 E-mail: Vikram.Mandla@doj.cagov Attorneys for People of the State of California SUPERIOR COURT OF Tiffi STATE OF CALIFORNIA COUNTY OF SANTA CLARA PEOPLE OF THE STATE OF Case No. Cl912332 14 CALIFORNIA, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, V. SHU MEI LIN ab "Shelly" ( ), SHAO LEE ab "Cindy" ( ), PEIHSIN LEE aka "Boss Lili" ( ), PENGCHENG CAI ab "Bao Bao" ( ), DAFENG WEN ) Defendant. NOTICE OF MOTION AND MOTION FOR LEA VE TO FILE TIIlRD AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION Date: May 8, 2020 Time: 9:00 am. Dept.: 34 TO THE SUPERIOR COURT OF SANTA CLARA COUNTY, AND THE DEFENDANTS AND THEIR COUNSEL: PLEASE TAKE NOTICE that on May 8, 2020, at 9:00 am., or as soon thereafter as the matter may be heard in the above referenced Court, the People will move for leave to file a Third Amended Complaint\ pursuant to California Code of Civil Procedure Sections 473 and 576. 1 A copy of the Third Amended Complaint is attached herewith. MOTION TO FILE THIRD AMENDED FELONY COMPLAINT (#Cl912332) Electronically filed by Superior Court of CA, County of Santa Clara, on 5/1/2020 4:24 PM Reviewed By:Joseph Paura Case #C1912332 Env #4303556 1 576. 2 This motion is made on the grounds that the People have discovered facts to support 3 adding additional causes of action arising from the same general set of facts. This motion will be 4 based on this notice, the memorandum of points and authorities, all pleadings and documents 5 contained in the coun' s file, the declaration in support hereof and on such evidence as may be 6 presented at the hearing of the motion. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 2 Respectfully Submitted, XAVIER BECERRA Attorney General of California Q_ ( VIKRAM MANDI.A Deputy Attorney General Attorneys for People of the State of California MOTION TO FILE THIRD AMENDED FELONY COMPLAINT (#CI912332) 1 2 MEMORANDUM OF POINTS AND AUTHORITIES 3 I. STATEMENT OF FACTS AND RELEVANT PROCEDURAL HISTORY 4 On June 26, 2019, JING HUANG, SHU MEI LIN and SHAO LEE were charged in a 5 Felony Complaint For Arrest Warrant with one count each of violating Penal Code sections 6 182(a)(l)/266h(a) [CONSPIRACY TO COMMIT PIMPING]. 7 On September IO, 2019, an Amended Felony Complaint For Arrest Warrant was filed to 8 include additional charges for JING HUANG, SHU MEI LIN and SHAO LEE, as well as charges 9 for PEIHSIN LEE and PENGCHENG CAI, as follows: IO I. JING HUANG was charged with two counts of violating Penal Code sections 11 182(a)(l)/236.l(c) [CONSPIRACY TO COMMIT HUMAN TRAFFICKING OF 12 A MINOR FOR A SEX ACT], two counts of violating Penal Code section 13 236.l(c) [HUMAN TRAFFICKING OF A MINOR FOR A SEX ACT], three 14 counts of violating Revenue and Taxation Code section 19706 (FAIL URE TO 15 FILE A TAX RETURN), and one count of violating Penal Code section 16 I86.I0(a)(2) [MONEY LAUNDERING); 17 2. SHU MEI LIN was charged with one count of violating Penal Code sections 18 182(a)(l)/236.l(c) [CONSPIRACY TO COMMIT HUMAN TRAFFICKING OF 19 A MINOR FOR A SEX ACT}, one count of violating Penal Code section 236. l(c) 20 [HUMAN TRAFFICKING OF A MINOR FOR A SEX ACT], and one count of 21 violating Penal Code section 186.IO(a)(2) [MONEY LAUNDERING]; 22 3. SHAO LEE was charged with one count of violating Penal Code sections 23 l82(a)(l)/236.l(c) [CONSPIRACY TO COMMIT HUMAN TRAFFICKING OF 24 A MINOR FOR A SEX ACT], one count of violating Penal Code section 236.l(c) 25 [HUMAN TRAFFICKING OF A MINOR FOR A SEX ACT], and two counts of 26 violating Penal Code section 186.l0(a)(2) (MONEY LAUNDERING]; and 27 28 3 MOTION TO FILE lHIRD AMENDED FELONY COMPLAINT (#Cl912332) I 4. PEIHSIN LEE and PENGCHENG CAI were each charged with one count of 2 violating Penal Code sections 182(a)(l)/236.l(c) (CONSPIRACY TO COMMIT 3 HUMAN TRAFFICKING OF A MINOR FOR A SEX ACT), and one count of 4 violating Penal Code section 236.l(c) (HUMAN TRAFFICKING OF A MINOR 5 FOR A SEX ACT). 6 On September 11, 2019, a Second Amended Felony Complaint was filed, in which Counts 7 One through Five alleging violations of Penal Code section 236.l(c) [HUMAl'-J TRAFFICKING 8 OF A MINOR FOR A SEX ACT) were amended to reflect violations of Penal Code section 9 236. l(b) [HUMAN TRAFFICKING FOR A SEX ACT). Additionally, PENGCHENG CAI and 10 DAFENG WEN were charged in an additional count of violating Penal Code section 236.l(a) 11 [HUMAN TRAFFICKING), and DAFENG WEN was also charged with violating 12 182(aXl)/236.l(b) [CONSPIRACY TO COMMIT HUMAN TRAFFICKING FORA SEX 13 ACT). 14 On January 16, 2020, JING HUANG plead guilty to one count of violating Penal Code 15 sections 182(a)(l)/236.l(c) [CONSPIRACY TO COMMIT HUMAN TRAFFICKING FOR A 16 SEX ACT], three counts of violating Revenue and Taxation Code section 19706 [FAILURE TO 17 FILE A TAX RETURN], and one count of violating Penal Code section 186.!0(aX2) (MONEY 18 LAUNDERING], sentencing is scheduled on December 18, 2020. 19 On or about January 28, 2020, the People learned about an investigation being conducted 20 by the Concord Police Department and the Contra Costa District Attorney's Office regarding 21 PENGCHENG CAI and DAFENG WEN. Upon further investigation and review of documents 22 obtained by investigators, the People concluded that an additional count of violating Penal Code 23 section 236.l(b) [HUMAN TRAFFICKING FOR A SEX ACT) should be charged as to 24 PENGCHENG CAI and DAFENG WEN. On April 15, 2020, the People notified Daniel Taylor 25 counsel for PEIHSIN LEE, Glenn Sugihara counsel for SHU MEI LIN, Tim Clancy counsel for 26 PENGCHENG CAI, and Leon Mezzetti counsel _for DAFENG WEN that the People would be 27 filing a Third Amended Felony Complaint. 28 4 MOTION TO FILE THIRD AMENDED FELONY COMPLAINT (#Cl912332) 1 II. LEGAL ARGUMENT 2 A. The Motion to amend the complaint is necessary and in furtherance of justice 3 A court may, in the furtherance of justice, allow a party to amend any pleading on any 4 terms as may be proper (California Code of Civil Procedure Sections 473 and 576). "This 5 statutory provision giving the courts the power to permit amendments in furtherance of justice 6 has received a very liberal interpretation by the courts of this state." (Klopstock v. Superior Ct. 7 (1941) 17 Cal.2d 13, 19; see also Nestle v. Cityo/Santa Monica (1972) 6 Cal.3d 920, 939.) 8 "that the trial courts are to liberally permit such amendments, at any stage of the proceeding, has 9 been established policy of this state since 1901." (Hirsa v. Superior Ct. (1981) 118 Cal.App.3d 10 486, 488-89). "If discovery and investigation develop factual grounds justifying a timely 11 amendment to a pleading, leave to amend must be liberally granted." (Mabie v. Hyatt (1998) 61 12 Cal.App.4th 581, 596.) 13 The policy favoring leave to amend is so strong that it is an abuse of discretion to deny an 14 amendment unless the adverse party can show meaningful prejudice, such as the running of the 15 statute of limitations, trial delay, the loss of critical evidence, or added preparation costs. 16 (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; Solit v. Taokai Bank, Ltd (1999) 68 17 Cal.App.4th 1435, 1448.) Absent a showing of such prejudice, delay alone is not grounds for 18 denial of a motion to amend. (Kittredge Sports Co. v. Superior Ct. (1989) 213 Cal.App.3d 1045, 19 1048; Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 563-65.) 20 After the Second Amended Felony Complaint was filed on September 11, 2019, the 21 People received information from the Concord Police Department and the Contra Costa District 22 Attorney's Office, suggesting that PENGCHENG CAI and DAFENG WEN trafficked a 23 previously unknown victim. The People seek to file a Third Amended Felony Complaint to recite 24 new facts and legal theories based on the newly discovered evidence, and to charge PENCHENG 25 CAI and DAFENG WEN with an additional count of Penal Code section 236.1 (b) [HUMA.t\l 26 TRAFFICKING FOR A SEX ACT]. Therefore, it is in the interests of justice to permit the 27 proposed amendment 28 5 MOTION TO FILE TIIIRD AMENDED FELONY COMPLAINT (#CJ912332) l B. The Motion to amend the complaint does not result in unfair prejudice to the 2 defendants and should be permitted 3 Leave to amend the complaint in the present case is authorized because the defendants 4 will not be prejudiced by the proposed amendment. The amendment is not barred by the statute 5 oflirnitations because the amendment relates back to the filing of the original Complaint. 6 Additionally, the proposed amendment will not delay the trial and will not necessitate any added 7 preparation costs (Solit, supra, 68 Cal.App.4th at 1448.) 8 Even when a plaintiff seeks to add new legal theories or causes of action, the amended 9 complaint relates back to the date of the filing of the original complaint and thus avoids the bar 10 of the statute of limitations so long as recovery sought in both pleadings is based upon the same 11 general set of facts (Smeltzley v. Nicholson Manufacturing Co. (1977) 18 Cal.3d 932, 939-940; 12 See also Kittredge Sports Co., supra, 213 Cal.App.3d 1048; Hirsa, supra, 118 Cal.App.3d 489.) 13 In the present case, no preliminary hearing date has been set, and there is a voluminous 14 amount of discovery. Therefore, the Third Amended Complaint will not will not result in unfair 15 prejudice or necessitate any added preparation costs to the defendants. 16 17 III. CONCLUSION 18 It is in the interests of justice to permit the People to amend the complaint to allege the 19 facts and legal theories derived from the newly discovered evidence. The People, therefore, 20 respectfully request that the Court grant their Motion for Leave to File a Third Amended 21 Complaint. 22 DECLARATION 23 I, VIKRAM MANDLA, hereby declare on the basis of information and belief as follows: 24 That I am a Deputy Attorney General for the Attorney Generals Office, State of 25 California; I further declare that I am informed and believe that the above-entitled matter is set for 26 Emergency Motion For Pretrial Release by PENGCHENG CAI and DAFENG WEN on April 30, 27 2020, in the above-entitled court on charges of violations of Penal Code sections 28 6 MOTION TO FILE TiilRD AMENDED FELONY COMPLAINT (#CJ912332) I 182(aXl)/236.l(b) [CONSPIRACY TO COMMIT HUMAN TRAFFICKING FOR A SEX 2 ACT], Penal Code section 236.l(b) [HUMAN TRAFFICKING FOR A SEX ACT) and Penal 3 Code section 236.l(a) [HUMAN TRAFFICKING). 4 The People's motion to file a Third Amended Felony Complaint is based upon the following: 5 Upon review of the applicable law and police reports, the Attorney General's Office has 6 determined that the Second Amended Felony Complaint should be amended to include additional 7 counts alleging a violation of Penal Code section 236.l(b) [HUMAN TRAFFICKING FOR A 8 $EXACT). 9 I declare under penalty of perjury under the laws of the State of California that the 10 foregoing is true and correct. 11 12 Dated: '#"L,> {z..oi,o 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Respectfully Submitted, XAVIER BECERRA Atto~( VIKRAM MANDLA Deputy Attorney General Attorneys for People of the State of California MOTION TO FILE TiilRD AMENDED FELONY COMPLAINT (#Cl912332) I XAVIER BECERRA Attorney General of California 2 JAMESROOT Senior Assistant Attorney General 3 DIANA CAI.LAGHAN Supervising Deputy Attorney General 4 AMANDA G. PLISNER (SBN 258157) VIKRAM MANDIA (SBN 28710 I) 5 Deputy Attorneys General 300 S. Spring Street, Suite 1702 6 Los Angeles, CA 90013 Telephone: (323) 765-2019 7 E-mail: Vikram.Mandla@doj.cagov Attorneys for People of the State of California 8 9 IO II 12 SUPERIOR COURT OF Tiffi STATE OF CALIFORNIA COUNTY OF SANTA CLARA PEOPLE OF THE STATE OF Case No. Cl912332 13 CALIFORNIA, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THIRD AMENDED FELONY Plaintiff, COMPLAINT v. JING CHIANG HUANG aka "Lili" ( ) SHU MEI LIN aka "Shelly" ( ), SHAO LEE aka "Cindy" ( ), PEIHSIN LEE aka "Boss Lili" ( ), PENGCHENG CAI aka "Bao Bao" ( ), DAFENG WEN ( ), Defendants. Action Filed: June 26, 20 I 9 THE ATTORNEY GENERAL OF Tiffi STATE OF CALIFORNIA accuses the above￾named defendant of the following crimes, which are connected to one another in their comnuss1on: COUNTONE On or between September 26, 2016, and October 13, 2019, in the County of Santa Clara, defendants JING CHIANG I-ruANG, SI-ill MEI LIN and SHAO LEE committed the crime of I Third Amended Felony Complaint (Case No. C1912332) 1 CONSPIRACY, in violation of PENAL CODE SECTION 182(a)(l), in that they did unlawfully 2 conspire together, and with other persons whose identity is unknown, to commit the crime of 3 HUMAN TRAFFICKING, in violation of PENAL CODE SECTION 236.l(b) a felony, and that 4 pursuant to and for the purpose of carrying out the objectives and purposes of the aforesaid 5 conspiracy, the said defendants committed the following overt act(s) at and in the County of 6 Santa Clara: 7 OVERTACTl 8 On March 16, 2016, defendant JING CHIANG HUANG transferred $4,500 from her 9 Bank of America account ending 4717 to defendant SHU-MEI LIN'S Bank of America account 10 ending . 11 OVERTACT2 12 On April 21, 2016, defendant SHAO LEE paid $500 to Backpage.com for advertisements 13 associated with the email . 14 OVERT ACT 3 15 On September 26, 2016, defendant SHU MEI LIN traveled from her home in San Jose to l 6 meet YL at the Premierlnn. 17 OVERT ACT 4 18 Defendant JING CHIANG HUANG arranged for the October 7, 2016 activation of a 19 phone that was later provided to YL. 20 OVERT ACT 5 21 Between October 6, 2016, and October 13, 2016, defendant JING CHIANG HUANG 22 called defendant SHAO LEE at least five times. 23 OVERT ACT 6 24 Between October 6, 2016, and October 11, 2016, defendant SHAO LEE c.alled defendant 25 JING CHIANG HUANG at least four times. 26 // 27 // 28 // 2 Third Amended Felony Complaint (Case No. Cl912332) 1 OVERTACT7 2 In October 2016, defendant SHAO LEE used her email address to 3 post advertisements featuring photos of young Asian women available to provide "Incall" in 4 exchange for cash. 5 OVERTACT8 6 On October 8, 2016, defendant SHU MEI LIN called YL and told her she was not free to 7 leave the Premier Inn and would be performing sex act in exchange for money there. 8 OVERTACT9 9 Between October 8, 2016, and October 13, 2016, while YL was at the Premier Inn, 10 defendant JING CHIANG HUANG called YL 6 times. 11 OVERT ACT 10 12 On October 9, 2016, defendant SHAO LEE called YL and informed her that a customer 13 had arrived to the Premier Inn for her. 14 OVERT ACT 11 15 On October 13, 2016, defendant SHAO LEE directed a Ventura County Sheriff's 16 Detective to Room 118 of the Premier Inn to meet "Sammy," later identified as YL. 17 OVERT ACT 12 18 On December 30, 2016, defendant JING CHIANG HUANG accompanied defendant SHU 19 MEI LIN to an A TM where defendant SHU MEI LIN deposited $7,160 in cash into her Bank of 20 America account ending in . 21 OVERT ACT 13 22 On March 1, 2017, defendant JING CHIANG HUANG provided housing for a 23 commercial sex worker was on "rest for period." 24 OVERT ACT 14 25 On September 29, 2017, defendant JING CHIANG HUANG used her home for a condom 26 unwrapping operation. 27 II 28 II 3 Third Amended Felony Complaint (Case No. Cl 912332) 1 OVERT ACT 15 2 In October 2016, defendant SHAO LEE telephonically directed commercial sex buyers to 3 multiple brothel locations. 4 COUNTTWO 5 For a further and separate cause of action, being a different offense from but connected in 6 its commission as the charges set forth in Count One: On or between June 1, 2019, and July 7, 7 2019, in the County of Santa Clara, defendants JING CHIANG HUANG, PEIHSIN LEE, 8 PENGCHENG CAI and DAFENG WEN committed the crime of CONSPIRACY, in violation of 9 PENAL CODE SECTION 182(a)(l), in that they did unlawfully conspire together, and with other JO persons whose identity is unknown, to commit the crime of HUMAN TRAFFICKING, in 11 violation of PENAL CODE SECTION 236.l(b) a felony, and that pursuant to and for the purpose 12 of carrying out the objectives and purposes of the aforesaid conspiracy, the said defendants 13 committed the following overt act(s) at and in the County of Santa Ciara: 14 OVERT ACT 1 15 On or between June 1, 2019, and June 26, 2019, defendant PENGCHENG CAI directed 16 ZW to work at various brothel locations. 17 OVERT ACT 2 18 On or between June 1, 2019, and June 26, 2019, defendant PENGCHENG CAI collected 19 money from ZW. 20 OVERT ACT 3 21 On or between June 1, 2019, and June 26, 2019, defendant PENGCHENG CAI threatened 22 ZW regarding future job opportunities if she stopped working for him. 23 OVERT ACT 4 24 On or between June I, 2019, and June 26, 2019, defendant DAFENG WEN directed 25 commercial sex buyers to brothel locations. 26 OVERT ACT 5 27 On or between June 1, 2019, and June 26, 2019, defendant DAFENG WEN directed the 28 collection of money earned from commercial sex acts. 4 Third Amended Felony Complaint (Case No. Cl912332) l OVERT ACT6 2 On or between June 1,2019, and June 26,2019, defendant DAFENG WEN directed the 3 commission of particular sex acts as requested by commercial sex buyers. 4 OVERT ACT7 5 On or between June 1, 2019, and June 26, 2019, defendant DAFENG WEN arranged the 6 distribution of condoms to brothel locations. 7 OVERTACT8 8 On June 26, 2019, defendant JING CHIANG HUANG stored ZW's passport at defendant 9 JING CHIANG HUANG'S residence on Clifton. 10 OVERT ACT 9 11 On July 2, 2019, defendant JING CHIANG HUANG asked defendants PEIHSIN LEE and 12 PENGCHENG CAI to collect debts owed to her. 13 OVERT ACT 10 14 On July 2, 2019, defendant PENGCHENG CAI told defendant JING CHIANG HUANG 15 he would give her money he collected from four locations. 16 OVERT ACT 11 17 On July 3, 2019, defendant PEIHSIN LEE told ZW to pay whatever she makes 18 committing commercial sex acts to defendant JING CHIANG HUANG. 19 OVERT ACT 12 20 On July 7, 2019, defendant JING CHIANG HUANG called defendant PEIHSIN LEE and 21 directed her to have a 3rd party delete pictures of prostitutes on his phone. 22 COUNT THREE 23 For a further and separate cause of action, being a different offense from but connected in 24 its commission as the charges set forth in Counts One and Two: On or between September 26, 25 2016, and October 13, 2019, in the County of Santa Clara, defendants JING CHIANG HUANG, 26 SHAO LEE, and SHU MEI LIN committed the crime of HUMAN TRAFFICKING FOR A SEX 27 ACT, a violation of PENAL CODE SECTION 236.I(b), a felony, in that they did willfully and 28 5 Third Amended Felony Complaint (Case No. CJ912332) 1 unlawfully deprive and/or violate the personal liberty ofYL with the intent to maintain a violation 2 of PENAL CODE SECTION 266h. 3 COUNT FOUR 4 For a further and separate cause of action, being a different offense from but connected in 5 its commission as the charges set forth in Counts One through Three: On or between June 1, 6 2019, and July 7, 2019, in the County of Santa Clara, defendant JING CHIANG HUANG 7 committed the crime of HUMAN TRAFFICKING FOR A SEX ACT, a violation of PENAL 8 CODE SECTION 236.l(b), a felony, in that she did willfully and unlawfully deprive and/or 9 violate the personal liberty of ZW with the intent to maintain a violation of PENAL CODE 10 SECTION 266h. 11 COUNT FIVE 12 For a further and separate cause of action, being a different offense from but connected in 13 its commission as the charges set forth in Counts One through Four: On or between June 1, 2019, 14 and September 10, 2019, in the County of Santa Clara, defendants PEIHSIN LEE and 15 PENGCHENG CAI committed the crime of HUMAN TRAFFICKING FOR A SEX ACT, a 16 violation of PENAL CODE SECTION 236.l(b), a felony, in that they did willfully and unlawfully 17 deprive and/or violate the personal liberty of ZW with the intent to maintain a violation of 18 PENAL CODE SECTION 266h. 19 COUNT SIX 20 For a further and separate cause of action, being a different offense from but connected in 21 its commission as the charges set forth in Counts One through Five: On or between April 15, 22 2018, and September 10, 2019, in the County of Santa Clara, defendants PENGCHENG CAI and 23 DAFENG WEN committed the crime of HUMAN TRAFFICKING, a violation of PENAL 24 CODE SECTION 236.l(a), a felony, in that they did willfully and unlawfully deprive and/or 25 violate the personal liberty of CW with the intent to obtain forced labor or services. 26 COUNT SEVEN 27 For a further and separate cause of action, being a different offense from but connected in 28 its commission as the charges set forth in Counts One through Six: On or about April 12, 2015, in 6 Third Amended Felony Complaint (Case No. Cl912332) I the county of Santa Clara, defendant JING ClilANG HUANG committed the crime of FILING 2 FALSE TAX RETURN in violation of REVENUE AND TAXATION CODE SECTION 19706, 3 a felony, in that she did willfully and with like intent, make, render, or verify a false or fraudulent 4 return or statement, to wit: 2014 California Resident Income Tax Return. 5 COUNT EIGHT 6 For a further and separate cause of action, being a different offense from but connected in 7 its commission as the charges set forth in Counts One through Seven: On or about April 18, 2016, 8 in the county of Santa Clara, defendant JING ClilANG HUANG committed the crime of 9 FAILURE TO FILE TAX RETURN in violation of REVENUE AND TAXATION CODE IO SECTION 19706, a felony, in that she being a person required by law to file a tax return or to 11 supply information, did willfully fail to file a tax return or supply information for the period 12 January 1, 2015, through December 31, 2015, with the intentto evade tax, to wit: 2015 California 13 Resident Income Tax Return. 14 COUNT NINE 15 For a further and separate cause of action, being a different offense from but connected in 16 its commission as the charges set forth in Counts One through Eight: On or about April 18, 2017, 17 in the county of Santa Clara, defendant JING ClilANG HUANG committed the crime of 18 FAILURE TO FILE TAX RETURN in violation of REVENUE AND TAXATION CODE 19 SECTION 19706, a felony, in that she being a person required by law to file a tax return or to 20 supply information, did willfully fail to file a tax return or supply information for the period 21 January 1, 2016, through December 31, 2016, with the intent to evade tax, to wit: 2016 California 22 Resident Income Tax Return. 23 COUNT TEN 24 For a further and separate cause of action, being a different offense from but connected in 25 its commission as the charges set forth in Counts One through Nine: On or between November 26 25, 2016, and December 1, 2016, in the county of Santa Clara, defendant JING ClilANG 27 HUANG committed the crime of MONEY LAUNDERING in violation of PENAL CODE 28 SECTION 186. 1 0(a)(2), a felony, in that she willfully and unlawfully conducted transactions 7 Third Amended Felony Complaint (Case No. CJ912332) 1 involving monetary instruments of a total value exceeding $5,000, to wit: $8,807.72 deposited 2 into an account at Citioank, N.A., knowing that such monetary instrument or instruments 3 represent the proceeds of, or is derived directly from the proceeds of criminal activity. 4 COUNT ELEVEN 5 For a further and separate cause of action, being a different offense from but connected in 6 its commission as the charges set forth in Counts One through Ten: On September 21, 2016, in 7 the county of Santa Clara, defendant SHAO LEE committed the crime of MONEY 8 LAUNDERING in violation of PENAL CODE SECTION 186.I0(a)(2), a felony, in that she 9 willfully and unlawfully conducted transactions involving monetary instruments of a total value 10 exceeding $25,000, to wit: $55,000 deposited into an account at Wells Fargo Bank, N.A., 11 knowing that such monetary instrument or instruments represent the proceeds of, or is derived 12 directly from the proceeds of criminal activity. 13 COUNT TWELVE 14 For a further and separate cause of action, being a different offense from but connected in 15 its commission as the charges set forth in Counts One through Eleven: On or between October 3, 16 2016, and October 6, 2016, in the county of Santa Clara, defendant SHAO LEE committed the 17 crime of MONEY LAUNDERING in violation of PENAL CODE SECTION 186.10(a)(2), a 18 felony, in that she willfully and unlawfully conducted transactions involving monetary 19 instruments of a total value exceeding $5,000, to wit $13,841 deposited into an account at Wells 20 Fargo Bank, N.A., knowing that such monetary instrument or instruments represent the proceeds 21 of, or is derived directly from the proceeds of criminal activity. 22 COUNT THIRTEEN 23 For a further and separate cause of action, being a different offense from but connected in 24 its commission as the charges set forth in Counts One through Twelve: On December 30, 2016, in 25 the county of Santa Clara, defendant SHU MEI LIN committed the crime of MONEY 26 LAUNDERING in violation of PENAL CODE SECTION 186.10(a)(2), a felony, in that she 27 willfully and unlawfully conducted transactions involving monetary instruments of a total value 28 exceeding $5,000, to wit: $7,160 deposited into an account at Bank of America, N.A., knowing 8 Third Amended Felony Complaint (Case No. C1912332) 1 that such monetary instrument or instruments represent the proceeds of, or is derived directly 2 from the proceeds of criminal activity. 3 COUNT FOURTEEN 4 For a further and separate cause of action, being a different offense from but connected in 5 its commission as the charges set forth in Counts One through Thirteen: On or between 6 November 1, 2017, and June 4, 2018, in the County of Contra Costa, defendants PENGCHENG 7 CAI and DAFENG WEN committed the crime of HUMAN TRAFFICKING FOR A SEX ACT, a 8 violation of PENAL CODE SECTION 236.l(b), a felony, in that they did willfully and unlawfully 9 deprive and/or violate the personal liberty ofSZ with the intent to maintain a violation of PENAL 10 CODE SECTION 266h. 11 It is further alleged that Santa Clara County has jurisdiction in this count pursuant to Penal 12 Code section 784.7. 13 SPECIAL ALLEGATION-STATUS ALLEGATION/FELONIES EXEMPT FROM 14 LOCAL CUSTODY 15 It is further alleged that prison custody time for the above felony offenses is to be served 16 in state prison pursuant to PENAL CODE SECTION 1170. NOTICE: Conviction of these 17 offenses will require the defendant to provide DNA samples and print impressions pursuant to 18 Penal Code section 296 and 296.1. Willful refusal to provide the samples and impressions is a 19 crime. 20 NOTICE: Conviction of the offenses charged in Counts One through Five and Fourteen, will 21 require the charged defendants to register pursuant to Penal Code section 290 et seq. Willful 22 failure to register is a crime. 23 NOTICE: The People of the State of California intend to present evidence and seek jury findings 24 regarding all applicable circumstances in aggravation, pursuant to Penal Code section 1 l 70(b) 25 and Cunningham v. California (2007) 549 U.S. 270 (127 S.Ct. 856, 166 L.Ed.2d 856). 26 NOTICE: Any allegation making a defendant ineligible to serve a state prison sentence in the 27 county jail shall not be subject to dismissal pursuant to Penal Code section 1385. 28 Ill 9 Third Amended Felony Complaint (Case No. CJ912332) 1 I declare under the penalty of perjury that the foregoing is true and correct. Executed this 2 Z.~ day of April 2020, at Los Angeles, California. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully Submitted, XAVIER BECERRA Attorney General of California JAMES ROOT Senior Assistant Attorney General DIANA CALLAGHAN Supervising Deputy Attorney General AMANDA Pl.ISNER Deputy Attorney General Atto~eople of the St~e (California <--·- VIKRAM MANDLA Deputy Attorney General Attorneys for People of the State of California 10 Third Amended Felony Complaint (Case No. Cl912332)