State of California v. Nannette Cabrales - Complaint_Redacted
Summary
This document is a felony complaint detailing charges against NANNETTE CABRALES for fraudulent billing of IHSS (In-Home Supportive Services) and Medi-Cal, amounting to Grand Theft. The complaint outlines specific dates, the nature of the fraud (billing for services not rendered), and factors in aggravation, including the victim's vulnerability and the abuse of a position of trust. It also includes notices regarding the potential use of 1101(b) evidence, DNA sample requirements, and discovery non-disclosure rules to protect victims and witnesses.
Key Insights
Nannette Cabrales is charged with Grand Theft for defrauding IHSS and Medi-Cal by billing for services not rendered.
The core of the complaint against Nannette Cabrales is the charge of Grand Theft, as outlined in Penal Code Section 487(a). This offense allegedly occurred between October 10, 2019, and April 12, 2021, in Los Angeles County. The defendant is accused of knowingly and intentionally obtaining money and property by false and fraudulent representation and pretense. Specifically, she is alleged to have fraudulently billed for IHSS services that were not rendered, in violation of Welfare & Institutions Code section 14107, subdivision (b), subdivision (a)(4)(B), which constitutes a felony. She also fraudulently obtained moneys billed from the Medi-Cal program.
Aggravating factors include the victim's vulnerability and the abuse of a position of trust by the defendant.
The complaint specifies several factors in aggravation under Penal Code section 1170, subdivision (b), and California Rules of Court. Firstly, the victim, Celia R., was vulnerable, falling under rule 4.421(a)(3). Secondly, the crime involved a significant monetary value, constituting taking great monetary value, as per rule 4.421(a)(9). Thirdly, Nannette Cabrales abused a position of trust or confidence to commit the offense, consistent with rule 4.421(a)(11). Lastly, stealing from the Medi-Cal program, described as submitting fraudulent claims, is presented as a factor in aggravation related to the circumstances under which the crime was committed (rule 4.421(c)).
Sections
Charges and Allegations
Defendant Nannette Cabrales is charged with Grand Theft for fraudulent billing of IHSS and Medi-Cal services.
The defendant, NANNETTE CABRALES, is accused of Grand Theft, a felony under Penal Code Section 487(a). Between October 10, 2019, and April 12, 2021, in Los Angeles County, she allegedly obtained money, labor, real and personal property by means of false and fraudulent representation and pretense. This involved fraudulently billing for IHSS services not rendered, violating Welfare & Institutions Code section 14107, subdivision (b), subdivision (a)(4)(B). She also fraudulently billed and obtained moneys from the Medi-Cal program.
The fraud involved billing for IHSS services not rendered and violating specific state codes.
Specifically, the fraudulent activity included billing for IHSS services that were not rendered, which is a violation of Welfare & Institutions Code section 14107, subdivision (b), subdivision (a)(4)(B). This action is classified as a felony. The defendant also fraudulently billed for services and obtained moneys.
Factors in Aggravation
The victim, Celia R., was identified as vulnerable, a factor in aggravation for sentencing.
As to Counts 1 and 2, pursuant to Penal Code section 1170, subdivision (b), it is alleged that the victim, Celia R., was vulnerable. This vulnerability, as defined within the context of California Rules of Court, specifically rule 4.421(a)(3), is considered a factor in aggravation.
The crime involved taking a great monetary value, serving as an aggravating factor.
As to Counts 1 and 2, pursuant to Penal Code section 1170, subdivision (b), it is alleged that the manner in which this crime was committed involved taking great monetary value. This is recognized within the meaning of California Rules of Court, rule 4.421(a)(9), and serves as a factor in aggravation.
Cabrales abused a position of trust or confidence to commit the offense.
As to Counts 1 and 2, pursuant to Penal Code section 1170, subdivision (b), it is alleged that NANNETTE CABRALES took advantage of a position of trust or confidence to commit the offense. This is in accordance with California Rules of Court, rule 4.421(a)(11), and is considered an aggravating factor.
Submitting fraudulent claims to Medi-Cal is cited as a factor in aggravation.
As to Counts 1 and 2, pursuant to Penal Code section 1170, subdivision (b), it is alleged that NANNETTE CABRALES stole from the public by submitting fraudulent claims to Medi-Cal. This act, described as receiving money from the Medi-Cal program, relates to the circumstances under which the crime was committed and is considered a factor in aggravation, as per California Rules of Court, rule 4.421(c).
Legal Notices and Disclosures
The People intend to use evidence under Evidence Code section 1101(b) to prove motive, intent, and identity.
NOTICE: Pursuant to Evidence Code section 1101, subdivision (b), the People hereby give notice that they intend to use evidence, known as 1101(b) evidence. This evidence is intended to show 'motive, intent, absence of mistake or accident, preparation, plan, knowledge, identity.' It may also be used to attack the credibility of any witness, as per Evidence Code section 1101, subdivision (b).
Conviction requires providing DNA samples and print impressions; refusal is a crime.
NOTICE: Conviction of one or more of these offenses will require the defendant to provide a DNA sample and print impressions pursuant to Penal Code sections 296 and 296.1. Willful refusal to provide samples and impressions is a crime.
The People will seek findings regarding applicable aggravation factors during trial.
NOTICE: The People of the State of California intend to present evidence and seek findings from the jury regarding any applicable aggravation factors, pursuant to Penal Code section 1170, subdivision (b), and referencing US v. Cunningham (2007).
Discovery materials containing personal identifying information of victims/witnesses are protected.
NON-DISCLOSURE OF DISCOVERY: Any audio and video records, photographs, reports, documents, diagrams, investigation materials, and other evidence provided in discovery in this case contain personal identifying information of victims or witnesses. Pursuant to Penal Code section 1054.2, an attorney shall not disclose or permit to be disclosed to a defendant, the defendant's attorney, or anyone else, family, or anyone else, the personal identifying information of a victim or witness whose name is disclosed to the attorney pursuant to section 1054.1, subdivision (a), other than the name of the victim or witness, unless specifically permitted by the court after a hearing and a showing of good cause.
Defense counsel is requested to provide all discovery materials required by law.
REQUEST FOR DISCOVERY: Pursuant to Penal Code section 1054.5, subdivision (b), the People informally request that defense counsel provide all materials and information whose disclosure is required by Penal Code section 1054.3.
Ask a Question
*Uses 1 Wisdom coin from your coin balance
Watch / Source Article
State of California v. Nannette Cabrales - Complaint_Redacted
Read the original web article directly on justice.gov
Open Web Note Link
