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SAN DIEGO (CNS) - The CEO of a La Jolla-based financial services firm pleaded guilty Wednesday to defrauding shareholders, falsifying tax returns and operating an unlicensed money services business.David Nava, head of Surf Financial Group LLC, worked with others to convert publicly traded companies' debt into unrestricted stock under false pretenses, and then sold the stock, despite being banned since 1994 by federal securities regulators from taking part in the securities industry, according to federal prosecutors.Prosecutors say Nava, 62, directed others to write fraudulent attorney opinion letters that facilitated removing restrictions on stocks so they could be sold, in circumvention of the U.S. Securities and Exchange Commission's regulations on the offer and sale of securities.The Department of Justice said brokerage firms cleared the sale of shares of the restricted stocks on the basis of those letters, allowing Nava and others to sell millions of shares, then move the proceeds into bank accounts under his control.In addition to his plea to a federal count of conspiracy to commit securities fraud, Nava also pleaded guilty to operating an unlicensed money transmitting business, which he used to move millions of dollars in financial proceeds, and a tax fraud count for falsifying federal tax returns from 2014 to 2016, in which he underreported Surf Financial's profits in order to conceal his true income and tax liability, according to the Department of Justice.Sentencing is slated for Jan. 8 in San Diego federal court. 1556

SAN DIEGO (CNS) - The San Diego region's unemployment rate dropped to 9.9% in August, a 2.5% drop from the previous month, according to figures released Fr

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 ruled this week that a San Diego court must re-examine its decision to allow a criminal defendant to subpoena Facebook to obtain private social media posts and messages he alleged would help him in his defense.The ruling issued Thursday laid out a series of factors for the trial court to consider when weighing whether to allow the defendant to gain access to his alleged victim's restricted posts and private messages.The ruling stems from the criminal case of Lance Touchstone, a Northern California man charged with attempted murder for allegedly shooting his sister's boyfriend in Ocean Beach in 2016.Touchstone sought to obtain information from the victim's Facebook posts that the defendant alleged would show his accuser was a violent person, bolstering a self-defense claim.A San Diego Superior Court judge ruled in Touchstone's favor and ordered Facebook to release the information, leading to subsequent appeals.In an opinion authored by Chief Justice Tani G. Cantil-Sakauye, she wrote that the trial court should consider a list of seven factors to consider when deciding whether good cause has been shown to grant the subpoena.These "Alhambra factors" include whether the defendant has shown a "plausible justification" for acquiring the information and whether acquiring the material violates a third party's confidentiality or privacy rights, among others.While the state Supreme Court declined to make its own determination on the subpoena's viability, it ruled for the trial court to re-examine the subpoena issue in light of these factors.Touchstone's attempted murder trial in San Diego remains pending for a date still to be determined, as courts remain closed to the public and jury trials have been delayed indefinitely due to the COVID-19 pandemic. 1826

SAN DIEGO (CNS) - The average price of a gallon of self-serve regular gasoline in San Diego County rose 4 cents today to .215, one day after rising 3.4 cents.The average price is 16.3 cents more than one week ago, 14.3 cents higher than one month ago and 34.4 cents greater than one year ago, according to figures from the AAA and Oil Price Information Service.A 12-cent a gallon gasoline tax increase went into effect Wednesday in California.RELATED: Gas tax rises to pay for road repairs"The tax hike's effect at many, but not all, gas pumps was immediate on Wednesday," said Jeffrey Spring, the Automobile Club of Southern California's corporate communications manager."While we believed the switch to the cheaper winter blend of gasoline could have cancelled out some of the tax increase, higher oil prices and lower inventory have instead pushed underlying fuel costs higher. The tax increase plus these additional issues make the usual fall price decline less 975