Walnut Creek Man Charged: Wage Theft & Money Laundering in San Mateo County | The Mercury News

Caterer Accused⁢ of Stealing $200,000 from senior Living Facility and Defrauding Employees ⁢in San Mateo County

Belmont, CA – ⁤A San Mateo ⁣County caterer is facing multiple felony charges following an inquiry ⁤by teh District Attorney’s Office, alleging a scheme to defraud a senior living facility, its residents, and ⁢its employees. Brian Harbor, owner of BSC Catering LLC, was arraigned⁤ Wednesday and pleaded not guilty to a ⁤extensive list of charges including grand theft, money laundering, and tax evasion. This ⁤case ⁤highlights the critical need for due diligence in vendor selection and the severe consequences of⁣ financial⁢ misconduct impacting vulnerable populations.

The Allegations: A ⁤Pattern⁣ of Deception and ⁣Misappropriation

The District Attorney’s Office alleges that Harbor engaged in a deliberate ‍scheme to⁣ misappropriate over $200,000 entrusted to him to operate the kitchen at Bonnie Brae terrace, a Belmont-based senior living facility owned by the BLVD group. ⁣ In July 2023, Harbor secured the catering contract by submitting a false identity⁢ – “B. George Lafrance” – to circumvent background checks.

Upon being awarded the contract, ⁤BSC Catering received a total of $203,360 in ⁤funding, intended to cover employee payroll and the cost of providing meals ⁤to residents. However, prosecutors claim ‍Harbor diverted these funds for personal gain, including:

* Real Estate Purchases: $70,506 was used to finance land acquisitions.
*⁣ Luxury Spending: Funds were spent on‍ sporting event tickets and other luxury ⁢items.
* personal⁤ Transfers: Money was transferred to family members via Zelle.

A forensic accounting‍ investigation ⁣revealed a systematic redirection of client funds and⁢ facility revenue ⁢into bank accounts controlled by harbor. The result was substandard meals for Bonnie Brae Terrace residents and, critically, the ⁤non-payment of BSC Catering employees.

Wage Theft and Tax ⁣Evasion:⁣ A Double Blow to⁣ Victims

Six⁤ BSC Catering employees were left unpaid ⁣for their work and⁢ overtime, receiving either no compensation or bounced checks, totaling over $8,000 in unpaid⁢ wages. This constitutes⁣ a clear ‍case ⁣of wage theft, a serious offense with devastating consequences for⁤ working families.

Beyond the direct impact on the senior living facility and its staff, the investigation uncovered significant tax irregularities.Prosecutors allege harbor failed to report $585,815 in⁣ income and⁤ owes $26,683 in unpaid state taxes. ⁣ Furthermore, ‍the Employment Progress Department found no payroll filings after the first quarter ‍of ‍2023. An attempted ⁣deposit of a fraudulent check at a U.S. Bank branch in Foster City in November 2023 ⁢further compounded ‍the charges.

Legal Proceedings and potential Penalties

Harbor is currently charged with:

* Two counts of grand theft of wages
* Three counts of money⁣ laundering (with an aggravated white collar crime enhancement)
* One count of obtaining money under false pretenses
*⁣ One⁢ count of attempted grand theft
*‍ One count of issuing ⁢a check over $950 with insufficient funds
* Two counts of failing to⁣ file a tax return
* One count of filing a false tax return
* One count⁢ of failing to collect or pay tax

San ‍Mateo County Chief Deputy District attorney‍ Shin-Mee Chang emphasized that Harbor’s prior conviction will‍ be ‍considered during sentencing if he is found guilty. “We take all convictions ⁤into account when formulating⁤ a proposal for the court,” ‍Chang ⁢stated. “It’s up to the court to ultimately decide, but we will‍ highlight this in our recommendation to the judge.”

defense Strategy and Next Steps

Stephanie Cianci, Harbor’s defense attorney, acknowledged the early stage of the case. “I’m‍ looking forward to working⁢ with him and getting this all⁤ figured⁢ out and reviewing the finding,” she ⁤said.”But in my opinion, this case is just very ⁤much in the preliminary stages, and I don’t have a lot of information yet.”

Harbor⁢ remains out of custody⁣ on ⁣$150,000 bail,which was ⁢approved after verification of its legitimate source. He‍ is scheduled ⁢to appear in court on January 21st for ‍a superior ‍court review⁣ and ‍to set a date for a preliminary hearing.

Protecting⁢ Vulnerable Populations: ⁢A Call for Vigilance

This case ⁢serves as a stark reminder of the importance of thorough vetting‍ processes when contracting with vendors, particularly those serving vulnerable populations like seniors. The San⁣ Mateo County District Attorney’s Office encourages anyone who suspects wage theft or ‍financial fraud to come forward and report it. ⁢ The initial ⁢investigation was triggered by two former employees seeking assistance in recovering unpaid wages, demonstrating ‍the power of ‍individuals to initiate ⁣positive change.

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