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SAN DIEGO (CNS) - The founder and former CEO of a San Diego startup pleaded guilty Wednesday to a federal wire fraud charge for stealing more than .5 million from his own company.Jeffrey Fildey, 56, of Las Vegas, created GoFormz Inc. -- which provides online mobile forms and reporting products -- and began illegally taking money from the company sometime around late 2015 and continued to do so through August 2017, according to the U.S. Attorney's Office.U.S. Attorney Robert S. Brewer said, Fildey "abused a position of trust to brazenly steal company assets, treating GoFormz Inc. as his own private slush fund."Prosecutors say Fildey obtained loans -- supposedly for the company -- then kept the funds for himself, paid for personal expenditures on company credit cards, received cash advances for himself on company credit cards and took money directly from the company's bank account.A U.S. Attorney's Office statement announcing the plea cited examples that included a 6,250 loan he obtained for the company, which he immediately wired from the firm's bank account to his personal bank account. The U.S. Attorney's Office said GoFormz made payments on the loan while he spent the money on personal expenses.The U.S. Attorney's Office said Fildey took three unauthorized loans on behalf of the company and transferred the funds to his bank account each time, withdrew more than 0,000 in cash from the company's bank account for his personal use and made more than ,600 in unauthorized purchases on the corporate credit card.The company lost ,544,147 as a result, according to the plea agreement.Sentencing is scheduled for Nov. 9. 1658

SAN DIEGO (CNS) - The city of San Diego announced a partnership today with Verizon to improve the city's wireless capacity and begin the process of introducing 5G cellular network technology.Verizon will make an investment of more than 0 million in local technology infrastructure, such as the installation of wireless equipment cells on city-owned light poles, to extend internet coverage and capability and increase public safety.The company will also offer 500 smartphones to the San Diego Police Department and 50 tablets to the San Diego Fire-Rescue Department to make their communication infrastructure more efficient."Together, we're creating a platform of innovation with the latest smart city technology, supporting the city's focus on creating a digitally inclusive and connected city that benefits all residents and businesses for decades to come,'' said Ed Chan, Verizon's senior vice president of engineering.Eventually, Verizon plans to roll out 5G technology in San Diego, which the city says will enhance the region's economic might. In turn, the city plans to streamline the tech infrastructure installation process by creating a master permit to make it easier for telecommunications companies to install fiber optic internet.San Diego Mayor Kevin Faulconer and Councilman Chris Cate joined Chan to announce the partnership and tout the city's present and future technological capabilities."San Diego is a city of innovation with a long history of using groundbreaking technologies to make our city and the world a better place,'' Faulconer said. "Working together with Verizon, this agreement is going to provide resources that will further enhance cellular service for residents, keep communities safer and lower costs for taxpayers.'' 1766

SAN DIEGO (CNS) - The city of San Diego obtained a preliminary injunction Tuesday against grocery delivery company Instacart, in the wake of a judge's ruling that the company misclassified its employees as independent contractors.San Diego County Superior Court Judge Timothy Taylor's ruling stems from a lawsuit brought by San Diego City Attorney Mara Elliott, who alleged Instacart was evading providing its "shoppers" with worker protections like minimum wage and overtime pay by classifying them as independent contractors rather than employees.In the ruling, which was issued Feb. 18, but not formally served to the parties until this week, Taylor agreed with the City Attorney's Office's assertion that Instacart would not be able to show its workers should be classified as independent contractors.RELATED: San Diego Instacart shoppers upset over service’s pay changesThe judge cited a state Supreme Court ruling in the case of Dynamex Operations West Inc. v Superior Court, which outlines an "ABC" test for determining whether a worker is an employee, a classification that applies if the person performs a core function of the business, is not free from its control, or is not engaged in an independently established trade, occupation or business.Taylor wrote that Instacart would likely be unable to satisfy any of the test's three conditions.The judge also wrote that the city's litigation against Instacart was in line with other recent, related decisions, including the recent passage of AB 5, which gives greater labor protections to workers classified as employees."The policy of California is unapologetically pro-employee (in the several senses of that word). Dynamex is explicitly in line with this policy," Taylor wrote. "While there is room for debate on the wisdom of this policy, and while other states have chosen another course, it is noteworthy that all three branches of California have no spoken on this issue."The Supreme Court announced Dynamex two years ago. The decision gave rise to a long debate in the legal press and in the legislature. The legislature passed AB 5 last fall. The governor signed it. To put it in the vernacular, the handwriting is on the wall."Instacart plans to appeal the decision, which the company said would not affect its operations in San Diego, due to a temporary stay of enforcement during the appeals process."We disagree with the judge's decision to grant a preliminary injunction against Instacart in San Diego," Instacart said in an emailed statement. "We're in compliance with the law and will continue to defend ourselves in this litigation. We are appealing this decision in an effort to protect shoppers, customers and retail partners. The court has temporarily stayed the enforcement of the injunction and we will be taking steps to keep that stay in place during the appeals process so that Instacart's service will not be disrupted in San Diego."Elliott's office touted the ruling as a victory for worker protections."This landmark ruling makes clear that Instacart employees have been misclassified as independent contractors, resulting in their being denied worker protections in which they are entitled by state law. We invite Instacart to work with us to craft a meaningful and fair solution" Elliott said."This decision is also a warning to other companies to do right by their employees. As the court said, `The handwriting is on the wall.' California has had two years since the Supreme Court's Dynamex decision to distinguish between a contactor and an employee. Everyone, not just Instacart, must live up to their legal responsibilities; they cannot ignore the significance of what occurred here." 3686

SAN DIEGO (CNS) - The California Supreme Court on Monday upheld the conviction of a death row inmate found guilty of hiring another man to shoot and kill his fiancee in Alpine 20 years ago.Michael William Flinner applied for a life insurance policy for 18-year-old Tamra Keck, then arranged for his former employee, Haron Ontiveros, to kill her on June 11, 2000, according to the ruling.The killing occurred shortly after Flinner met Keck and began dating her.According to the ruling, Flinner named himself as the beneficiary in the insurance policy, and falsely alleged Keck was an employee at his landscaping business whose death would cause him to suffer financially. Prosecutors alleged Flinner arranged for Ontiveros to meet with Keck at a gas station, then direct her to his car in a nearby cul-de-sac under the guise of having engine trouble. Once there, he shot Keck in the back of the head.Separate juries convicted Flinner and Ontiveros of murder and conspiracy and found true special circumstance allegations of killing for financial gain and lying in wait. Jurors recommended capital punishment for Flinner and life imprisonment without the possibility of parole for Ontiveros.In the appeal, Flinner's counsel alleged his case was adversely affected by issues that included limited access to defense counsel, which was allegedly restricted by Flinner's relocation from the downtown San Diego jail to the jail in Vista. Flinner's defense attorney at the time claimed the distance to Vista and other limits on telephone communication would hurt the defense's preparation for trial. According to the ruling, the relocation was implemented because Flinner obtained the home addresses of the prosecutor and trial judge through another inmate.The state Supreme Court found the claims had no merit, as the trial court permitted increased communication between Flinner and the defense team at the defense's request.Another claim alleged juror misconduct by one panelist who sought to write a book about the trial. Flinner's counsel alleged her objectivity may have been compromised as a result. The state Supreme Court disagreed, though it noted the juror had made misconduct claims about other panelists, which the high court also ultimately ruled were unfounded. 2276

SAN DIEGO (CNS) - The first batches of Pfizer's long-awaited COVID-19 vaccine arrived in San Diego County Monday for both U.S. Department of Defense personnel and civilians, with initial vaccinations to begin as soon as Tuesday.Naval Medical Center San Diego received an unspecified number of vaccines Monday, with front-line medical workers and essential mission personnel -- such as EMS, firefighters and gate personnel -- to begin receiving the first dose of the vaccinations Tuesday. Naval Hospital Camp Pendleton will take a portion of those doses for personnel north of San Diego."We are proud to support operation Warp Speed," said Rear Adm. Tim Weber, commander of Naval Medical Forces Pacific. "This vaccine will strengthen our ability to protect our people. I am confident in the stringent regulatory process of the FDA."Weber said the number of doses delivered to the Navy in San Diego is likely fewer than the number of "first-tier" medical personnel at the two hospitals. Subsequent vaccine allotments -- as the supply chain dictates -- will allow for the second dose of the vaccine to be administered to medical and other "mission-essential" workers, as well as those who missed it the first time, Tricare dependents and non-essential personnel.The number of doses delivered to the San Diego-area military is classified, Weber said, calling it an "operational security issue." However, the U.S. government has allocated vaccines to 64 jurisdictions, and the DOD plans to administer its initial allocation of 43,875 doses to populations of uniformed service members -- both active and reserves. That includes members of the National Guard, dependents, retirees, civilian employees and select contract personnel.Capt. Devin Morrison, acting director of Naval Medical Center San Diego, said vaccines for military personnel will be voluntary until the FDA's emergency use authorization is lifted, at which time military personnel will follow DOD guidelines. Military personnel, including medical workers, can refuse the vaccine until then and will continue to operate with strict personal protective equipment standards, Morrison said.Army Gen. Gustave Perna of Operation Warp Speed told reporters Saturday that UPS and FedEx would be delivering the vaccine to nearly 150 distribution centers across the country.The department is prioritizing DOD personnel to receive the vaccine based on CDC guidance, first focusing on those providing direct medical care, maintaining essential national security and installation functions, deploying forces, and those beneficiaries at the highest risk for developing severe illness from COVID-19 before other members of the DOD population.Distribution will be conducted in phases. Due to limited availability of initial vaccine doses, the first phase will distribute and administer vaccines at select locations.Initial distribution sites -- including the two San Diego sites -- were selected by the DOD's COVID Task Force based on recommendations from the military services and U.S. Coast Guard, to best support several criteria:-- anticipated supply chain requirements, such as cold and bulk storage facilities-- local population of at least 1,000 priority personnel across the military services-- aufficient medical personnel to administer vaccines and actively monitor vaccine recipients 3344