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SAN DIEGO (CNS) - A former executive for an Orange County genetics company pleaded guilty today to a federal conspiracy charge for paying kickbacks to physicians.Donald Joseph Matthews, 50, formerly the vice president of market development for Proove Biosciences, admitted in San Diego federal court to paying doctors at least .5 million to order the company's DNA tests for their patients, according to the U.S. Attorney's Office.In total, the U.S. Attorney's Office said Proove billed around million to the Medicare program for the tests -- which the company alleged could determine a patient's risk of drug addiction -- and received around million in reimbursements.Prosecutors said the company claimed the payments were compensation for participation in a clinical research program, but the money was actually "directly tied to the volume of tests that a doctor ordered and whether a doctor continued to order more tests from Proove over time.''In his plea agreement, Matthews admitted that without the financial compensation, ``most doctors were not interested in ordering Proove's tests for their patients.''Doctors who complained about not being paid were told to order more tests, according to the U.S. Attorney's Office.The company's Irvine headquarters was raided by federal authorities in 2017.``Our nation's healthcare system cannot tolerate kickbacks to physicians while criminals line their pockets with taxpayer-funded healthcare dollars, particularly in light of our nation's current struggles with the COVID- 19 pandemic,'' said Acting Special Agent in Charge Omer Meisel of the FBI's San Diego Division.Matthews is scheduled to be sentenced Oct. 26. He faces a maximum penalty of five years in prison and a 0,000 fine, according to the U.S. Attorney's Office. 1798

SAN CLEMENTE ISLAND, Calif. (KGTV) -- The two soldiers killed in an aircraft accident on San Clemente Island have been identified, the U.S. Army Special Operations Command said Saturday.According to the news release, 33-year-old Staff Sgt. Vincent P. Marketta of New Jersey and 22-year-old Sgt. Taylor M. Shelton of San Bernardino died on August 27 during an aviation training mishap.Marketta enlisted in the Army in 2011 as a 15T UH-60 Black Hawk Repairer and was assigned to the 160th Special Operations Regiment. While assigned to the unit, Marketta deployed to Afghanistan in support of Operation Enduring Freedom. He also deployed multiple times to Iraq for Operation Inherent Resolve, according to the Army.Shelton enlisted in the Army in 2016 also as a 15T UH-60 Black Hawk Repairer and was assigned to the same unit as Marketta. During his service, Shelton deployed to Afghanistan in support of Operation Enduring Freedom.“The loss of Staff Sgt. Marketta and Sgt. Shelton has left a scar in this Regiment that will never completely heal,” said Col. Andrew R. Graham, commander of the 160th Special Operations Aviation Regiment (Airborne).“Their level of dedication to the 160th SOAR (A) and their exemplary service in the Army is the embodiment of what it means to be a Night Stalker and a Soldier. Our priority now is to ensure the Families of our fallen warriors receive our complete support as we work through this tragedy together. We ask that you keep Staff Sgt. Marketta, Sgt. Shelton, their Families and fellow Night Stalkers in your thoughts and prayers.”The incident comes just weeks after nine servicemembers, eight Marines and one sailor, were killed in an amphibious assault vehicle training accident off the coast of San Clemente Island. 1766

SACRAMENTO, Calif. (KGTV) -- With 35 days until the election, it appears California voters are in favor of eight state propositions that impact everything from property taxes to parole to rent control. Still, for most propositions, the support is not enough to feel comfortable. A new ABC-10News-Union-Tribune scientific poll shows eight propositions leading outside the poll's 5.4 percent margin of error. Still, pollster Survey USA says that could change because typically opposition to all ballot measures increase as election day gets closer. Then again, it says 2020 is not a typical election year. Thad Kousser, a political analyst at UC San Diego, said propositions that do not poll over 50 percent have an increased chance in ultimately failing, even if they are up."The more people learn about propositions and their details, the less there is to like about them," he said. "Sometimes a proposition has one part of it that people find attractive and then other details that they don't like, and as a campaign exposes those, as the No campaign makes that case, then support will drop off."The poll also shows Joe Biden defeating President Trump 59 percent to 32 percent in California. Interestingly, however, the poll says voters who plan to vote in person on election day choose Trump over Biden, 55 to 38. Here is the breakdown of the propositions as part of the poll, which surveyed 588 likely voters:Prop 15, which would reassess some commercial properties to raise property taxes for schools and local governments, exempting smaller businesses and farms, is passing 49 to 21, with the remainder undecided.Prop 16, which would eliminate the ban on consideration of race, sex, color, ethnicity or national origin in public education, public employment and public contracting to allow for more diversity, is passing 40 to 26, with the remainder undecided.Prop 17, which restores voting rights to former inmates, is passing 55 to 19, with the remainder undecided.Prop 19, which allows severely disabled homeowners, those over 55, and those who have lost their homes in a wildfire to transfer their property tax basis to any property in the state, and allocates new revenue to fire protection services, is passing 56 to 10, with the remainder undecided. Prop 20, which would reclassify certain crimes and change parole on other crimes, is passing 35 to 22, with the remainder undecided. Prop 21, which allows local governments to establish rent control on some properties over 15 years old, is passing 46 to 27, with the remainder undecided.Prop 22, which aims to keep Uber, Lyft and Doordash drivers as independent contractors with benefits, as opposed to full employees, is passing 45 to 31, with the remainder undecided. Prop 23, which adds requirements for kidney dialysis clinics, is passing 49 to 23, with the remainder undecided. 2854

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher pleaded guilty Thursday to having sex with a 17-year-old female student and faces up to one year in local custody.An Oct. 21 sentencing date is scheduled for Jonathan Sammartino, 37, who also could face lifetime sex offender registration and be prohibited from teaching again at any school.San Diego County Superior Court Judge Charles G. Rogers, who took Sammartino's plea to a felony count of unlawful sexual intercourse with a minor, said he was "not inclined" to impose sex offender registration, but still might do so at the sentencing hearing.As part of the plea agreement, felony counts of oral copulation of a minor and digital penetration of a minor were dismissed.Sammartino, the son of U.S. District Judge Janis Sammartino, remains out of custody, pending the sentencing hearing.The victim, identified only as "Jane Doe" in court proceedings, testified earlier this year at Sammartino's preliminary hearing that the first sexual encounter happened in the early part of 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that."At the preliminary hearing, defense attorney Eugene Iredale unsuccessfully argued to have the charges reduced to misdemeanors, and introduced evidence regarding a 2015 bicycling accident in which Sammartino hit a pothole while riding in La Jolla and landed on his head. Sammartino was hospitalized and had to re-learn some functions before going back to the classroom, according to the defense attorney.Iredale argued that the brain injury affected his emotions and ability to make reasonable judgments, playing "a significant factor" in the commission of the charged acts.Rogers ruled against the defense request in January. Though he said he believed Sammartino had been affected by the injury and was unlikely to re- offend, he stated that the sexual nature of the defendant's relationship with the teen was entirely his idea."She wanted an emotional relationship with Dr. Sammartino. That is abundantly clear, and frankly, I think it's also clear that he wanted and needed an emotional relationship with her. But the sex was not her idea; the sex was his idea," Rogers said. "He was the grown-up and it was his responsibility not to do that." 3129

SAN DIEGO (CNS) - A former La Jolla Country Day School teacher who had a sexual relationship with a 17-year-old female student over the course of several months was sentenced Wednesday to probation and community service and was prohibited from teaching again in any capacity.Jonathan Sammartino, the 37-year-old son of U.S. District Judge Janis Sammartino, could have faced up to one year in local custody and sex offender registration following his guilty plea to a felony count of unlawful sexual intercourse with a minor. He previously faced two other felony sex counts that could have had him facing prison time, but those counts were dismissed after he pleaded guilty in August.Deputy District Attorney Martin Doyle said the plea agreement was reached in part because the victim, identified only as "Jane Doe" in court proceedings, did not want the case to go to trial. She also declined to virtually attend Wednesday morning's sentencing hearing.Doyle said the victim was content that the case is resolved and has "changed and healed" since her interactions with Sammartino, which occurred in 2016."It's her wish to move on with her life," the prosecutor said.San Diego County Superior Court Judge Charles G. Rogers ordered the defendant to complete his 400 hours of community service at any nonprofit organization by next August.In declining to impose sex offender registration, Rogers cited a U.S. Supreme Court case that found registration was most suited for those considered dangerous and likely to re-offend.The judge said though Sammartino's conduct toward the victim could be considered predatory, due to their age difference and his abuse of a position of trust, "there is not an iota of evidence that this conduct was an expression of an underlying character trait on his part. I see no indication that this man is predatory or is likely to repeat this conduct with another person or is a danger to others."Rogers also cited a bicycling accident Sammartino suffered about a year prior to the offenses, which the defendant and his attorney say caused a brain injury that inhibited his impulse control and ability to make reasonable judgments. The judge said he didn't think the injury excused Sammartino, but said he believed it was a contributing factor to the offenses.Sammartino made a statement to the court, in which he said, "I am very sorry for everything that has happened and for the misery caused by my unfortunate involvement with Ms. Doe. I know that my behavior's disrupted her life, my own life, and the community."He said he was "not the same person" he was before the bicycling accident and was continuing to seek treatment for "my mental impairments that led to those behaviors."Sammartino said he would find another line of work in order to serve the community.Though his probation terms prohibit him from teaching, his attorney, Eugene Iredale, said Sammartino's doctoral degree precluded him from needing a teaching credential, which he would otherwise be required to surrender.Instead, Iredale said his client has pledged not to teach again, and cannot do so in any practical way, "because in the age of the internet, there is truly no ancient history.""As, of course, a condition of this plea agreement, and without hesitation, he has pledged that he will not seek to teach anywhere ... and that means anywhere at any level in any way, including private tutoring, including college instruction or community college," the defense attorney said.In testimony earlier this year at Sammartino's preliminary hearing, the victim said the first sexual encounter happened in early 2016, when he arrived at her home unannounced around midnight. She said she went outside to meet with him in his car, at which point he told her he didn't trust himself around her.Sexual encounters occurred that night in his car and on several other occasions in his vehicle and his house over the next few months, she testified.The victim, who went on to attend UC Berkeley, filed a report with campus police in the summer of 2018. Charges were filed later that year.In a recorded phone call played during the preliminary hearing, Sammartino admitted to the past encounters with the victim."Why did you do it? You knew I was 17," Doe says on the recording. "You knew I was your student. You knew it was my first time and I lost my virginity to you.""I don't have a good answer, because I wasn't thinking through what I was doing," he replied, apologizing to her several times throughout the call. "I can't believe that I did that." 4549