DeclarationCal. Super. - 6th Dist.February 11, 2021©CDQ®O1+§ODMH [\DNNNMNNMMHHHHs-Ap-AHp-Ip-nn-a mqmmywai-Iowooqmmrhwmwo Dmitry Stadlin, SBN 302361 STADLIN MARINHO LLP 111 N. Market Street. Suite 300 San Jose, California 95113 Tel: (408) 645-7801 Fax: (408) 645-7802 Email: ds@stadlinmarinho.com Attorneys for Petitioner FE BRIAN CUONG TRAN S [er 3 Z J 202, By pefJor o OIOf the ou f?wngc ' kSUPERIOR COURT 0F THE STATE 0F CALIFORNI 055;; BRIAN CUONG TRAN FEMLE IN AND FOR THE COUNTY OF SANTA CLARA CaseNo-Emmgaéi “i Petitioner, DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING And, ORDER MICHAEL QUOC HAN, aka., MICHAEL HAN, aka., MIKE HAN, Respondent. CO I, BRIAN CUONG TRAN, declare as follows: . I am the Petitioner in this matter, and I am requesting a Civil Harassment Restraining Order against Respondent MICHAEL QUOC HAN (“Respondent”) for the following reasons. I have personal knowledge of the facts stated herein, and if called as a witness, I could and would testify competently. I am requesting a Civil Harassment Restraining Order against Respondent because he burglarized my house, stole money from me and I cannot continue t0 wait for the police investigation to wrap up as I am in fear for my safety. 1 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc JD: 91f1cbcca88652a1ee100379546ad03a7d F727b0 QDCDqO‘JCHIhOJNb-I NNNMNNNNNl-‘Hv-Il-lr-li-II-Ar-tp-IH OO-JODUIQOJNJHOQOOO-Qmmfiwml-‘O . Respondent and I were business partners between February 8, 2018 and February 2, . Prior to the start 0f our partnership, I issued a check in the amount of $25,000.00 t0 . On February 2, 2020, Respondent sent me an email as a notice 0f his resignation . On about February 18, 2020, the business bank account was closed. . On about March 2, 2020, I reopened the business bank account with only my name, . On March 3, 2020, all funds ($584.54) were withdrawn from the business account 2020. We formed a company called Splend, LLC and opened a joint business bank account with Bank 0f America (“BOA”). Respondent for him to deposit into the business bank account. The money was cashed 0n January 2, 2018, but it was never deposited into the BOA business account. from Splend, LLC. (See Below). Resignation from Splend s 'xshoonn'co: {E‘a‘~ Mike Han rm‘ke Depiarxc‘low a 5m. cab z M 13133 pm '\ n1.) To: Brian Tran Cc Ed H04 Brian Tran Brian. This letter is a notice of my resignation as CTO, co-founder and board of direcmrs of Splend SEZC and Splend LLC‘ I am reiinquishing all responsibilities, rights, and equities in Sp1end SEZC. I will no longer have funheI associations with Splend. Regards, Michael Han ¢K<¢AE~> because BOA informed me that if I switched t0 a different account number, I could not have online access to previous transactions. On the same date, I deposited $584.54 dollars into the account. without my knowledge and consent. 2 DECLARA’ ‘ION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91f1cbcca88652a1ee1 00a79546ad0aa7dT727b0 QDWKIOTCHQODNH [\DNNNMMMNNHHHHi-IHHr-IHH mqmmvpcomHocomqmmphwwr-‘O 10.Upon discovery of the fraudulent transfer, I went t0 San Jose Police Department and reported the incident (Incident Report No.2 20-069-9745). 11.0n March 10, 2020, I contacted BOA’S Fraud Department and reported the fraudulent activity with the business account 0n March 3, 2020. (BOA Claim No.: 13MAR2020-672655). 12. On about April 8, 2020, BOA credited the stolen funds into the business account. BOA also informed me that it was Respondent that had fraudulently transferred the funds out of the business account. 13.Resp0ndent’s fraudulent transfer action happened one month after he informed me that he resigned from his positions at Splend, LLC. 14.0n about April 22, 2020, a1] funds ($584.54) in the business account were once again fraudulently transferred out 0f the account. I, again, contacted BOA Fraud Department and reported the fraudulent activity (BOA Claim No.: 20APR2020- 705380). BOA attempted t0 freeze the fraudulent transfer, but it was too late. By the time they acted, the funds were gone. 15. On about April 30, 2020, mere eight (8) days after the fraudulent transfer 0f funds from BOA business account, my home was burglarized. I arrived home while the burglary was in progress. The crime was caught by the surveillance camera. 16.0n April 30, 2020, Ileft my home around 12:07 PM and arrived back home around 12:24 PM. When I arrived home, I noticed some items were out 0f place. But I did not think anything 0f it. 17.Later that day, I was doing some work in my back yard and noticed that the kitchen window screen was 0n the ground. I further noticed that there was damage to the window frame/sill. The Window frame/sill had been pried Open by some object and 3 DECLARATION OF BRIAN CUONG TRAN 1N SUPPORT 0F REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91 f1 cb00388652a1 ee1 0057954Bad0aa7d >727b0 {Qm-JOEO1#CONI-l NNMNNNNNNHHHHHHHHHH Oosaovmsbwwr-Iomoo-«Jmmpbwwr-AO heavily damaged. I immediately went back to my house and after looking through each room, I found that financial documents from Splend LLC were on the floor next to my nightstand. 18.I store thousands 0f documents related to the company in one of the two closets in my room. I always kept that closet door closed. When I saw that door was wide open, I knew someone broke in and went through documents in the closet because documents and folders were out 0f place. I could not be sure which document the burglar looked at and why the burglar was looking for those documents. The Splend LLC financial documents from my nightstand appeared t0 have been thrown on the ground quickly and randomly. It baffled my mind. 19.1 only knew three people who would be interested in bank account statements related t0 Splend LLC -- me, the CFO 0f Splend LLC, and Respondent. Since I know that the CFO lives in Orange County and was there at the time the crime occurred, the only possible person that would be interested in the Splend LLC financial documents, besides me, was Respondent. 20.1 knew my neighbor had surveillance camera mounted around their house. One of the cameras was partially pointed towards my driveway. After the discovery, I contacted my neighbor and requested the surveillance footage. Upon review of the sufieillance footage, I immediately recognized the burglar t0 be the Respondent. The timestamp 0n the surveillance Video showed that Respondent arrived at my house around 12:09 PM, only few minutes after I left. Respondent walked straight 0n t0 the side gate to the right of the driveway without any hesitation and disappeared from the surveillance camera. 4 DECLARATION OF BRLAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91f1cbcca88652a1ee1 00a79546ad0aa7d r727b0 Lom-QGCNDPOONH NNMNMMNNNI-‘r-lr-JHr-lw-Ib-Ar-tr-II-I OO-JG)O1»&OJL\DI-IOLOOO-\]G>O1¢wl\3I-IO 21.The surveillance video further showed that after I came home around 12:24 PM, Respondent fled my home around 12:27 PM through the side 0f my home holding a cell phone. Respondent quickly jumped through some short bushes and ran t0 the driveway and lingered around for few seconds before walking towards the way he came from in the beginning. 22.Even though n0 physical financial documents from Splend LLC were taken, that I know of, it appeared that Respondent had taken photos 0f the financial documents using his cellphone. 28.After review 0f the surveillance video, I felt betrayed, violated, and fearful for my safety. My neighbor was murdered during a burglary the year before. I felt fortunate that Respondent decided to flee and not confront with me. Respondent could easily hide inside the closet When I arrived home. He could easily have attacked me and harmed me. Ever since the burglary, I started t0 sleep With a weapon by my bed which I have never done before. 24. On May 1, 2020, I reported the burglary t0 the San Jose Police Department, Police Report N0.: 2020-201220457. Attached hereto as Exhibit A is a true and correct copy of the Partial Public Hardcopy Police Report. I plan to introduce the surveillance video into evidence at the hearing in this case so the Court can see that it was Respondent in my home. 25. On about May 27, 2020, BOA credited the stolen funds into the business account. BOA also informed me that Respondent had fraudulently transferred the funds out 0f the business account through in-person access at a local branch in Morgan Hill, California. 5 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91 f1 cbcca88652a1 ee1 0037954Bad0aa7dT727b0 LOWQOUUIQOONI-I mmmNNMMNMHHHHr-Ir-ar-Ir-Ir-nr-I OO-QOflUIQOJtOHOLOOOQO‘bCNfiOJNr-IO 26. On June 3, 2020, Morgan Hill Police Department officially opened a case for the two fraudulent transfer of funds (Incident Report No.2 20001332). Attached hereto as EXHIBIT B is a true and correct copy 0f the Incident Report. 27. On page three 0f the Morgan Hill Incident Report, ReSpondent admitted taking funds out of the business bank account. He further admitted t0 personally going t0 a BOA branch t0 withdraw funds from the business account. 28.Respondent claimed that he transferred the money from the business account because he wanted t0 close the account. That was not the case. When I reopened the account 0n about March 2, 2020, I informed BOA that Respondent had resigned from the company. I informed BOA the business account is to be opened under my name only. Furthermore, BOA informed me that if Respondent’s name were still on the business account, they would not have credited the funds back to the business account that Respondent had taken 0n March 3, 2020 and April 22, 2020. It was only because Respondent’s name was not 0n the account and I did not give him any permission, BOA informed Respondent that his conduct constitute fraud, Which Respondent acknowledged in the Morgan Hill Incident Report. 6 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91f1cbcca88652a1ee1 00a79546ad0aa7d >727b0 L0 OO-JOUUIrbCO 29.0n about July 17, 2020, Evergreen Times reported the burglary incident at my home. I did not disclose to the newspaper that I knew the suspect because I want others with information regarding the burglary t0 come t0 the police without any influence. (See below). PAGEB uEVEflGHEEN TIMES B JULY171J‘UL‘I’3OJOZD T|.<“.‘?.'S [\‘HifififljHfi Sllvlfifilfihl‘ifid LTSINCE 1532 D OFJUV’I'I EVERGREEHTIMESCOM .......nun”.....................................................”nun............................................. 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' p ‘ Ur " 3t - b H “V ‘7 Alm much: un .1 sccunly mmcrzl u 3 phoxu mun” nmynd’UdWU’L L-l Ur munuy mr, .I u. lat.“ $¢ur33nv 3.15.111 Tllt‘ suspL'Ll wun' .I Lun‘ nuxL I1ul um madr st mnplrmus duv m the axrn'm Cax1d~ l‘) panJcmic und ha warmly “mm! III brua‘l (Luhght \u llrcdk mm um hnuw. Tho \uh-n \huw--d lhu- skum spcndmg .m cum mlnulu gulng In hi> malihox :llur upcmng lhu gauge duor, wbkh gnu Um wqmttimclnllcr. ‘ll J had cnlrn-d my house through [ht hunt duct. Hm lJutplur IIIJV I’uw :ltnrhml ntcas Iwnuld hwr raughl lum rod hnndrd,’ ller Uni. ‘In luiy Lul ymr rny nrigh‘nur. ullu IWL-Ll on llw 3:00 lulmk cf Huuluilu [)rrvr, I Mad: .m-Jy l'rnm my bnuw. was murdcn‘d when rm hmrz nus humLuued 1 lrc! my Iurzuuau: lo nal hm:- bcun .1 hunwmdr vrrlun lh Ii (1.1;, amrmg ham» whllcmyhnuu-wnlucmgburghmpdf Hum is kamg hull! rmm (hunmmmmty tn mm 0; 915w“wm 535-1“Em v_m 3 ulmhfylhv.xu-lux‘In-liusfllnm‘a rmamd. Wm“ 5mm. 9W r0943} 5,521th and buck ‘I’nl like m nmn puhilc :nmrvnexq lo Dc [gums gm; Pmmeu m me sum mm mm: Inc mspacl Armcs Imp Km}. Irmn mu v-czzrn anhm nuns (lop n-Jixl), lhm me $05me escapes lncnlcv H1]. Puma] mnum |qu 1m suspccl‘s wnfle car; pre- lurcd bottom ngm. wmdow damage 1mm [ha hthm 30. On about December ’7, 2020, Morgan Hill Police Department confirmed that they are adding the $25,000.00 funds investigation as a supplemental t0 Report No.1 20001332 and the matter will be sent t0 the District Attorney’s Office for review after completion. (See below). '7 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91f1cbcca88652a1ee1 00a79546ad0aa7d+727b0 QOOO-QGUII-POJND-l NMNNNMMNNHHr-Ir-IHHr-tr-hr-Ip-I OO~J®O1+¢=~DJNHOQDOD~JOUO1HKOJN>HO MHPD Case 4‘: 20001332 2 D Brian Tran A Lulertc/“Iaiaahc. :om» r31 3.1m Ce: 7 n iCJOA‘.’ D Ta: Sean :armlt HI Detective Farrell, I’m following up 1mm your phone ca?! last week In regards lo crimmal case 1: 20001332 I'd lake lo get confirmation Irom you lhal the Morgan Hiil Poilce Department ls adding the 525.000 then case Investigation as a lsuppigmem t_o case 20001332 and mat you wxn send this case Io the Dtslnclmlorney‘s Olfice [or revlew alter your Invesngaizon Is complete Regards: Bnan Tran Man, Lg: 7 4t 'H Z? fix!"1: Scan Farrell - '-_-.>:~_‘arr-:'£ , msrgmhz'l :3 gm); £1 3:} a To: Enan Tran -. Yea we wii! Sen: flum my iPhone On Dec 7 2020. at 10:31 AM. Bzian Tran mote: 31.As 0f the date of my request, the Morgan Hill Police Department and San Jose Police Department are still investigating both the fraudulent transfer and thefts crimes and the burglary. 32.1 am in fear 0f Respondent. He has lied t0 authorities. He came to my home and burgled my home. I felt fortunate that Respondent decided t0 flee and not confront with me. Respondent could easily hide inside the closet when I arrived home. He could easily have attacked me and harmed me. I declare under the penalty 0f perjury under the laws of the State 0f California that the forgoing is true and correct. PJM‘QMLM Brian Cuong Tran DATED: 02/ 11 [2021 8 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91 f1 cb00388652a1 ee1 00a79546ad0aa7d r727b0 Lomqmmbbwwrd NNNMMNNNMHHHHr-Ai-IHHHr-I OO-QGUIQOJNr-iocoooflmmubwtor-do EXHIBIT A 9 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER DOC ID: 91f1 Cb00888652a1 ee1 00a79546ad0aa7d )727b0 W‘ SAN JOSE POLICE DEPT#749 if®g PUBLIC HARDCOPY ‘-*\ DO NOT DUPLICATE ***OFFICIAL USE 0NL\’*** GO}? SJ 2020-201220457 459-1 4S9 PC BURG RESD-FORCE DO NOT DUPLXCATE “*OFFICIAL USE ONLY*** Purpose: REPORT COUNTER Date released: Dec-Ul-ZDZO ('I‘ue.) 1107 Authorized by: I458N Released by: 1458N RELEASED TO Surname: TRAN BRIAN Address: 3250 DELTA RD City: SAN JOSE State: CA Zip code: 95135 Cellular: 408 425-0448 GENERAL RELEASE INSTRUCTIONS PICKUP ***DISCLAIMER*** This is a system generated report. It is not authorized for third party release. Do not duplicate. |Printed On: Dcc-fll-ZOZO (Tue.) Doc ID: 91 f1 cbcca88652a1 ee1 00a79546adOaa7db727b0 SAN JOSE POLICE DEPT PUBLIC HARDCOPY DO NOT DUPLICATE ***OFF1CIAL USE ONLY*** 459-1 459 PC BURG RESD-FORCEGO# SJ 2020-201220457 General Offense Information Reported on: May-03-2020 (Sum) 1544 Occurred between: Apr-30-2020 (Thu.) 1200 and Apr-30-2020 ('Thu.) 1300 Report submitted by: 4261 Address: 3250 DELTA RD Municipality: SAN JOSE District: P Beat: P5 Grid: 120 Fclony/Misdemeanor: FELONY Offenses (Completed/Attempted) Offense: #1 459-1 459 PC BURG RESD-FORCE - COMPLETED 2020-201220457 Page of Doc ID: 91f1cbcca88652a1ee1 00a795468d0aa7db727b0 SAN JOSE POLICE DEPT PUBLIC HARDCOPY DO NOT DUPLICATE “*OFFICIAL USE 0NLY*** G033 SJ 2020-201220457 459-1 459 PC BURG RESD-FORCE Related Persongsl 1. Victim # 1 - TRAN, BRIAN CUONG (Case Specific Information) Sex: MALE Race: OTHER ASIAN Date of birth: Jul-l4-1967 Address: 3250 DELTA RD Municipality: SAN JOSE , California Distn'ct: P Beat: Grid: 120 Phone umbers Cellular: (408) 4250443 Particulars Driver's license: C4743277 California Ethnicity: OTHER ASIAN Height: 5'09 Weight: 165 lbs. Eye color: BROWN Hair color: BLACK 2. Suspect # 2 - HAN, MICHAEL QUOC (Case Specific Information) Sex: MALE Race: OTHER ASIAN Date 0f binh: JuI-01-1974 Address: 150 PASILLA CT Municipality: MORGAN HILL , California 95037 Phone Numbers Business: (408) 905-6226 Cellular: (408) 807-2809 Email: MIKEHAN23@GMAIL.COM Particulars Employer address: 150 ALMADEN BL, STE 1250, SJ Driver's license: A7929926 California Ethnicity: VIETNAMESE Height: 5‘08 Weight: 190 lbs. Hair color: BLACK 3. Other # 1 - ‘WILSON, RANDY (Case Specific Information) Sex: MALE Race: CAUCASIAN 2020-201220457 Page 0f Doc ID: 9m cbcca8865231 e9100a79546ad0aa7db727b0 mmfimmrfiwmi-l MNMHHHHHHHHHH tom-Iocomqmcnph-wmI-‘O 24 25 26 27 28 EXHIBIT B 10 DECLARATION OF BRIAN CUONG TRAN IN SUPPORT OF REQUEST FOR CIVIL HARASSMENT RESTRAINING ORDER Doc ID: 91 f1 cbcca88652a1 ee1 OOa795483dOaa7d F727b0 5 Morgan Hill J’ bf" Police Department 16200 Vineyard Blvd. Morgan Hill, CA 95037 (408) 776-7300 INCIDENT LOCAT ION Pncws: mus HILL OLIC msuu 3 INCIDENT REPORT- CASE NUMBER SUPPLEvENT NLmBER 20001 332 us: TYPE cm EVENTmum THEFT 2006030072 RZPOHY DATE 06I03I‘2020 REPORTING OFFICER ZSGIFZEBO - FARRELL, SEAN TE 3(031'2020 TME 12:00 E 2:00 3:41 OR FROM JUmSDICHON EPORTED RELATED REPORT NUMBERS RELAI‘ED CASE NUMBERS SYNOPSIS On 08-03-20, a report was forwarded t0 the Morgan Hill Police Department from the San Jose Police Department. Upon review it was found (1VI) Brian had $584.54 taken from his account. by (10F) MICHAEL. A statement was obtained from (1 OF) MICHAEL, in which he admits to taking the money, but only because he is still 0n the account and Wants the account closed. ADDITIONAL INFORMATION D EVIDENCE D c1123 D PURSUIT D TASER DEPLOYED D AUTO CRIME D PRcs A8109 D STRANGULATION D SUFFOCATION D nv WEAPONS REMOVED SPECIAL DUW LGBTQ STATUS lass sums cause sums 0m: msr-oamm mmmm DAIE APPROVAL lwmom mm OPEN spops 121010020 PEN 1201:2020 133me440 - NORMAN, BILL 051052020 RMS-001-SSRS V144 PRLNTED: 1?]3’20‘208‘4fl7AMBYz2H /4 ‘. ~‘ FORomcm use oufr ‘Pnéeixfors Tom FAGES DOC ID: 91 f1 Cbcca88652a1 ee1 00a795463d03a7db727b0 WE NUKEER INCIDENT REPORT Morgan Hill Police Department 20001332 OFFENSES ENTRY N0 VI'CLATION/STATUTE OFFENSE DESCRIPTION CDUN‘KSLEVEL M AGENCY CLASSKFEATION DEGREE NCIC CODE LOCATIGJ OF 50: r/ODH’IERZ MOOLHERJ COURT DATE JUDGE W‘JPJEN VICTIMS EN‘mv No {rwwmam NAME.- LAST. msnmmmz L 1 VI TRAN, BRIAN CUONG HOME ADDRESS MAILING ADDRESS 3250 DELTA RD SAN JOSE CA 95135 L epLov ER {wmovER ADDRESS Occum‘nou SPLEND SAN JOSE CA 95135 HO‘JE PHONE CELL PHONE OTHER PHONE EMPLOYER PHONE (408 425-04“ Dos: Ace sex RACE Juv em Hacm WEIGHT HAIR Eves poa Rssmsncv cnam mmmemwmncn 0711441967 52 M A N N l I 1 I mwmasn I ”st 55n- ymx m lstArExD ‘I I cowsur 5U ECTS ENTRY NO WVOU-‘Ehfln NAME LAST, FIRSI. OCCUPAYION EMPLOYER PHOfE CIIIZEN GANG [DENTIFICATtON COMMENT INVOLVBJIEHT SERLN. NJNBER EJIDENCE DESERJPTLON OJSTODY STATUS VALUE STOLEN 54 comma" DATE STOLEN Jumsmcflon ST OLEH MHPD NARRATIVE SUMMARY: On 06-03-20, lwas provided with a report from the San Jose Police Department (SJPD CASE# 200699745). regarding a theft that occurred 1n the City of Morgan Hill. l reviewed the report and found that 0n 03-09-20, (1VI) BRIAN, who is the owner 0f Splend software reported a theft to the San Jose Police Department. (1V!) BRIAN said 0n 03-03-20, a theft 0f $584.54 from the Splend Bank of America business account ending in 1518. (WI) BRIAN identified the suspect in the theft as (10F) MICHAEL, a former Sp1end employee. (1V1) BRIAN was able to identify {1OF) MICHAEL as the suspect, after Bank 0f America, was able t0 track the funds stolen from the account and found they were deposited in an account owned by (1 OF) MICHAEL. . (1V1) BRIAN advised Bank 0f America had CCTV footage of the transaction (Bank 0f America} ’1“, RMS-UU‘I‘SSRS v1 ,44 PR1NTED: 1332020 3:44:07 AM BY: 2|? FOR OFFICLAL USE ONLY PAGE Z DIG TOTAL PAGES Doc ID: 91f1cbcca88652a1ee100379546ad0aa7db727b0 CASE HUMSEH INCIDENT REPORT Morgan Hill Police Department 20301332 Fraud#22apr2020-705380). (1Vl) BRIAN advised SJPD (10F) MICHAEL had not been employed by Sptend since he resigned in an email on 02-02-20. (1V!) BRIAN said (10F) MICHAEL was not supposed to have access to and did not have permission to take any funds from the account. I attached a copy ofthe San Jose Police Department Report t0 this case. On 06-03-20. at approximately 1409 hours. I attempted to contact (1V1) BRIAN and obtain a brief statement regarding this incident. | was unable to speak with him and left a voice mail asking he call me back. On 06-03-20, at approximately 1409 hours, | contacted Bank 0f America in an attempt to obtain the CCTV footage ofthe theft. | found that because all funds had been returned to the rightful owner and there was no loss, | would only be granted access to the footage with a search warrant. Bank of America also informed me all footage is held for approximately 120 days. On 06-04-20, I spoke with (WI) BRIAN andobtained the following summarized statement. STATEMENT OF (1V!) BRIAN: He was still wanting 10 prosecute (1 OF) MICHAEL for the theft of funds. For the theft from 03-03-20, he did recover the funds from. On 04'22-20, though he was notified of another theft from his Bank of America account. The theft was again for $584.54. He contacted Bank of America and found the theft had been from the Bank of America located on Cochrane Rd. in Morgan Hill. He leanred that the suspect was (1 OF) MICHAEL and during this theft he actualiy had come into the bank and made the transaction. He said in the previous transaction in which he got his money back, the transaction was made over the phone. Bank of America, told him for the transaction on 04-22-20, CCTV footage was available under Bank 0f America claim# 22APR2020-705380. END OF STATEMENT On 06-0420, | again contacted Bank ofAmerica and found the footage would not be released since all funds had been returned and there was no loss to Bank of America. nBank of America advised l would be abie to request the footage through a search warrant if needed. On 06-04-20, at approximately 1104 hours, I attempted t0 contact (10F) MICHAEL and obtain his statement for this investigation. i was unable to speak with (10F) MICHAEL and left a voice mail requesting he call me back. On 06-04-20, I spoke with (10F) MICHAEL, via telephone and obtained the following summarized statement. STATEMENT 0F (10F) MICHAEL: He used to work for Splend and was a co-founder of the company with (1V1) BRIAN. He believed my call was in regards to him closing a bank account he n0 longer wanted t0 be a part of. (10F) MICHAEL explained t0 me, in what he thought was December of 2019, he resigned from the Splend Company. Because he was a co-founder of the company, he was 0n the account with for the company at Bank of America. He withdrew funds out of the account which were $584.54, because he wanted the account closed He sent the funds m a check to (1VI) BRIAN. (1VI))BRIAN reopened the account and deposited the funds On 03-03-20, he again withdrew $584.54 from the Splend account and deposited them into his account. He did so, so the account could be closed. He was notified by Bank 0f America, that the funds were being transferred back t0 the Splend account, due to fraud. On 04-22-20, he went to Bank 0f America 0n Cochrane Rd. t0 try and figure out how t0 cancel the account that he n0 longer wanted to be associated with He was told that because he was still on the account, he could still withdraw funds from the account and close the account. He again withdmw the funds from the account and kept them this time. He was more than willing to give the funds backdo‘ RMS-Omssns v1 44 PRINTED; 1230020 34: 07A“ BY- 217 FOR OFFICIAL USEONLY PAGanmTOTAL PAGES Doc ID: 91f1cbcca88652a1ee1 00a79546ad0aa7db727b0 CASE NUMBER INCIDENT REPORT Morgan Hill Police Department 20991332 (1V!) BRIAN, he just did not want t0 associated to the bank account or to the company. He felt the only reason (1V1) BRIAN was making an issue and kept putting him on the account, was to file a future law suit against him, for working with another company. (1 OF) MICHAEL said he even wrote a letter to the bank to advise them of the ongoing issue. END OF STATEMENT (10F) MICHAEL later sent me an email with the letter that he sent to Bank Of America, advising that he no longer was associated to the company and to n01 add him back to the account if it is reopened. l downloaded (1 OF) MICHAEL‘S email attachments and attached them to this report. DISPOSITION: Case forwarded t0 the District Attorney to review .- ‘\‘ ' ' ...-' ~ ; g x’ i,,.,-4, 'al 1 x. RMS-OOIfiSRS v1.44 PRINTED; 1211:2020 $45137 AM BY: 217 FOR OFFICIAL USE ONLY PAGE 4 u! 6 TOTAL PAGES Doc ID: 91H cbcC88865231ee1 00a79546ad03a7db727b0 CASE NUMBER INCIDENT REPORT Morgan Hill Police Department 20001332 Morgan Hill SUPPLEMENT iNClDENT REPORT \ . CASE NUMBER SUPHEIENT NUMBER“ ' Pollce DGpartment 20001332 1 CASE TYPE CADEVENT kUMEER 18200 Vineyard Blvd. THEFT ~ REPORTlNG OFFICER REPORT DATEMO‘QG” H'”' CA 95°37 zssIFzsao - FARRELL. SEAN 06:19:2020 {408) 7767300 INcmENT _ . LOCATION DATE er 16200 VINEYARD BLVD MORGAN HILL, CA 95037 us 06119r2320 09:29 PREMISE NAME Scum loauda I l malsmcnou 3 MHPD STATUS , WORK FLOW STATUS APPROVAL APPROVAL DATE , APPROVED 1381F2630 - NORMAN‘ BILL 06H 912020 NARRATIVE PURPOSE: To document this officers foilow up activity. ACTIVITY: On 06-18-20, l received an email from (.1VI) BRIAN. l reviewed the email and found it contained a screen shot of a bank account. I was not able to see an account number on the screen shot. [was able to see transactions dated 03-03-20. for a deduction of $584.54. a credit 0fthe same amount of 04-08-20. a deduction ofihe same amount 0n 04-22-20 and a credit 0f the same amount on 05-27- 20. The dollar amount and dates are similar to which the thefts were reported by (1V!) BRIAN. The email also explained that Bank of America would not have credited him the money back unless the money was taken fraudulently. | downloaded the screen shot and attached it to this report. No further action taken by this officer. DISPOSITION: Case forwarded t0 the District Attorney for review. #" ‘.'\ ‘-._/ , x34 I x. ~ L RMS_oo1.sSRs v1 V44 PRImEU: 121312020 mum? AM BY: 2 I7 FORomcm USE ONLY PAGE 5 o! a TOTAL PAGES Doc ID: 91f1cbcc388652a1eeiOOa7954Bad0aa7db727b0 INCIDENT REPORT Morgan Hill Police Department CASE NUMBER 20001 332 MOTgan Hi” SUPPLEMENT INCIDENT REPORT _ Police Department 33530??? ?mmwm I ‘ CASETVPE CflD WENT NUMBER 16200 Vineyard Blvd. THEFT ' REPORTING OFFKCER REPORT DATEMorgan H'H' CA 95037 256mm: - FARRELL, SEAN 05/252020 (403) 776-7300 INCIDENT LOCATIQ‘ DATE ‘ TIME 18200 VINEYARD BLVD MORGAN HILL, CA 95037 US 0612512020 16:31 PREM‘SE NAME JURISDICTIONSamr District II MHPD3 32 STATUS WORK FLU» srArus APPROVAL APPROVED 1BBIF2680 - NORMAN, BILL NARRATIVE PURPOSE: To document this officers follow up activity. ACTIVITY: APPROVAL mrE OGISOIZDZO On. 06-1 9-20, | received an email from (1Vl) BRIAN, which contained three attachments. One attachment was a typed note asking for‘the attachments to be forwarded 10 the District Attorney. A second attachment was a letter written by (1 OF) MICHAEL resigning from the company. A third and fourth attachment were Bank of America siatements from March and April 0f 2020 for the bank ‘ account related t0 the company. | downloaded and printed the bank statements and the Ietter regarding the resignation. I éttached the items to this report. N0 further action taken by this officer. DISPOSITION: Case forwarded t0 the District Attorney. RMS~001 -SSRS v1 A44 PRJNTED, 133.1020 3;“701 AM BY. 2W FOR OFFICIAL USE ONLY PAGE 5 d6 TOTAL PAGES Doc ID: 91f10bcca88652a1 ee100a79546ad0aa7db727b0