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CPUC Investigations Result in Enforcement
Actions
and Fines Imposed on Various Moving Companies
in the
Second Quarter of 2011
*Although these names appear similar to our members’ names,
none of our members are in any way involved with the companies on this
press release.
SAN FRANCISCO, July 14, 2011 – The California Public Utilities
Commission (CPUC), in its ongoing commitment to consumer protection, has
recently taken a number of actions to protect consumers from illegally
operating moving companies.
During the second quarter of 2011,
CPUC staff took the following enforcement actions against moving
companies for violations of the Public Utilities Code and CPUC rules and
regulations, including Maximum Rate Tariff 4 (MAX 4), which contains
maximum rates that carriers must observe as well as rules and
regulations governing intrastate moves.
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Administrative Citation
Namkaju Moving
Inc. dba Orange Trucking (MTR 190716) based in Garden Grove was
fined $3,000 for the following violations:
1. Operated
without authority
2. Operated without required liability and
property damage and cargo insurance coverage
3. Engaged
workers without workers’ compensation insurance
4. Incomplete
Combined Agreement For Service and Freight Bill
Criminal Filings
CPUC staff investigations of
unlicensed operations resulted in one moving company being
charged criminally for violating the CPUC’s rules and
regulations. CPUC staff submitted its report to the Santa
Barbara County District Attorney’s office requesting a criminal
complaint be filed. |
Listed below is an update on three criminal cases previously filed:
1. All American Student Movers, Santa Barbara (Unlicensed).
Complaint #1354331. Based on the reported submitted by CPUC
staff, the Santa Barbara County District Attorney’s Office filed a
misdemeanor complaint and charged this company with three counts of
operating as a household goods carrier without a permit (section
5133(a)](1)).
2. Aleksey Posunko, Larysa Posunko,
Stanislav Kirsanov, partners doing business as ALG Moving, Los Angeles
(Unlicensed) - Complaint #0CA01202 – This company was charged
with eight counts of violating various provisions of the Public
Utilities Code and the CPUC’s MAX 4 Tariff including but not limited to
operating and advertising without CPUC authority; failing to maintain in
effect requisite insurance (PLPD, cargo, and workers’ compensation);
failing to issue Important Notice with Not To Exceed Price; and Business
and Profession Code 17200/17500 for unfair business practices. Larysa
Posunko pled “nolo contendere” to three counts of violating PU Code
Sections 5133, 5143, and 5139 and was sentenced to 90 days in jail or 45
days of Community Labor or 500 hours of community service and was
ordered to pay $4525.01 in restitution to shippers, $500 in restitution
to the CPUC, and $100 to Victims’ Restitution Fund. She was also given
36 months summary probation and ordered to notify the CPUC in writing
within 48 hours if she owns, operates, or is employed by a household
goods carrier. Charges against Stanislav Kirsanov were dismissed after
he agreed to sign a written statement, with the approval of his public
defender, acknowledging rules and regulations of the CPUC regarding
household goods carriers. Aleksey Posunko is scheduled to receive same
sentence as his mother Larysa Posunko.
3. Duncan and
Elbaz, Inc., a California corporation, doing business as Worldwide
Relocations, Worldwide Moving*, Moving US Moving & Storage, Marten
Transport, Marten Movers, Atlas Van Lines* and S Van Lines, and its
President Edan Elbaz, Santa Clara (MTR190482-Denied) - Complaint #
C1196968. In conjunction with the Moving Companies Task Force,
CPUC staff provided the Santa Clara County District Attorney’s Office
with copies of consumer complaints filed with the CPUC. In addition,
CPUC staff submitted a report on two consumer complaints alleging goods
held hostage and exorbitant overcharges. The company did not have a
valid household goods carrier permit to conduct these moves. Based on
the complaints received and sting operations, the District Attorney’s
Office filed a felony complaint charging Edan Elbaz and Mellisa Gisselle
Jimenez (sales person) with 12 counts of conspiracy with others to
commit a crime, a violation of Penal Code section 484-487(a) (Grand
Theft). Warrants for their arrest were issued. Ms. Jimenez was booked
and released on $150,000 bail. Whereabouts of Elbaz remain unknown. A
federal unlawful flight to avoid prosecution warrant was issued for
Elbaz’s arrest.
4. BGT Trans, Inc., a California
corporation, doing business as Advanced Moving and Storage, and/or
Advanced Moving Systems, and/or Bekins Moving and Storage, and/or Bekins
Moving Systems, and/or Advanced Moving Company*, and Hezia Dabahuli, its
President, and Ashley R. Randall, its Agent for Service of Process,
Sunnyvale (Unlicensed). Complaint # C1197052. CPUC staff
submitted a report requesting the Santa Clara County District Attorney’s
Office to file a misdemeanor complaint for operating and advertising
without authority, failing to have evidence of public liability
insurance and evidence of cargo insurance on file and in effect with the
CPUC, failing to issue the “Important Notice About Your Move” document
showing a Not To Exceed Price (5143 and Max 4, Items 130 and 465);
providing online estimates without first conducting a visual inspection
of the goods to be moved (Max 4, Item 108); charging in excess of the
estimate (Max 4, Item 108 (2)(a)); failing to acknowledge and settle
loss and damage claim (Max 4, Item 92); failing to provide the shipper
with a completed Agreement for Moving Services and Freight Bill (Max 4,
Items 128(2) and 132(1)); misrepresenting the scope of its services
offered to the public (Max 4, Item 88);and misleading potential
customers by using their website and vehicle as a device for false and
misleading advertising (B&P Code section 17500). The Santa Clara
District Attorney’s Office filed a felony complaint against Eran Bar,
true owner of BGT and Ruben Salas, sales person for BGT, charging them
with 17 counts of conspiracy with others to commit a crime, a violation
of Penal Code section 484-487(a) (Grand Theft). Both individuals were
arrested. Bar was released on $150,000 bail and Salas is being held on a
$1 million bail.
Official Notice
Five companies were issued Official Notice for advertising
without a permit.
Companies cited:
1. Angela Juarez
dba Old North Points Movers, Santa Clara (Unlicensed)
2.
Daria Sharkova, President, dba Go East Movers, Inc., San Jose
(Unlicensed)
3. Rustom Kholov and Umed Salomov, Belmont (MTR
190802)
4. Viking Piano Movers, San Rafael (MTR 190791) |
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Cease and Desist Notice
Fifteen companies were
issued cease and desist notices for operating and advertising without a
valid permit (unlicensed or denied).
Companies issued
C&D:
1. A Way to Move, Rocklin (Unlicensed)
2. Angelica
di Santo dba Peninsula Moving Services, San Mateo (Unlicensed)
3.
Aurelo Jaimes dba J B Deliveries & Moving, Cathedral City (Unlicensed)
4. Buck Adam Drew, Santa Barbara (MTR 190665)
5. Cowboy Movers,
Riverside (Unlicensed)
6. Donnie Vinson dba Vinson Moving Company,
Antioch (Unlicensed)
7. Jason Ellis dba Jason Ellis Moving Services,
Santa Rosa (Unlicensed)
8. Khosrow Matin dba OC American Movers,
Anaheim (Unlicensed)
9. Make Your Move Moving Company, Sacramento
(Unlicensed)
10. Mutunga Maithya dba Central Valley Movers, Modesto
(Unlicensed)
11. Robert Casarez and Miguel Rodriguez dba SF College
Movers, S.F. Bay Area, and College Movers (Unlicensed)
12. Robert
O’Keefe dba Big Leprechaun Moving & Storage, San Francisco (Unlicensed)
13. Rustam Kholov dba San Francisco Moving, Belmont (Unlicensed)
14.
Stuart W. Fitzgerald dba English Gents Moving & Hauling, San Francisco
(Unlicensed)
15. Ricky Harlen Richardson dba Best Way Movers, El
Dorado (MTR 189010)
For more information on the CPUC, please
visit www.cpuc.ca.gov.
*Although these names appear
similar to our members’ names, none of our members are in an way
involved with the companies on this press release.
August 2011 - CMSA
Communicator
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