- Joined
- Dec 19, 2004
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Don’t lie to your BOP....ESPECIALLY if what you are telling them directly contradicts what you told police/what is in your arrest record. :::face palm:::
BACKGROUND INFORMATION
At all times relevant to the charges brought herein, Respondent was employed and on duty as a server with his parent’s restaurant ABC Hawaiian BBQ located in Monrovia, California.
On or about December 15, 2013, Respondent, while employed and on duty as a server at a restaurant, used the unisex, single occupancy restroom when he heard a woman customer (“victim 2”) and her two (2) year old daughter (“victim 1”) trying to enter the restroom.
Respondent placed his camera phone in the corner of the bathroom floor with the camera facing the toilet knowing victim 1 and 2 were in need of using the restroom. Upon exiting the restroom, Respondent approached victim 1 and 2 to inform victim 2 that the bathroom was available. Victim 2 noticed the camera phone near the toilet and brought it to her mother’s attention.
Victim 2 noticed the phone’s suspicious location and the fact that it was recording. Victim 2 left the restaurant and took the phone to Monrovia Police Department (“MPD”) to report the recording. Officers went to the restaurant to speak with Respondent, who provided a statement. Respondent initially told the officer that he placed his cell phone in the bathroom because there was an over usage of toilet cover slips and toilet paper, but later admitted that he “wanted to take video of the little girl peeing.” Respondent’s father, who also worked at the restaurant, confirmed there was no over usage.
On or about February 11, 2014, in the case of The People of the State of California v. ********, Los Angeles County Superior Court case no. 4PS20266, the Respondent was charged with a violation of Penal Code section 647(j)(3), Use of a Concealed Camera to Secretly Record a Person who may be in a State of Full or Partial Undress for the Purpose of Viewing the Body of that Person Without Their Consent With the Intent to Invade the Privacy of that Person.
On or about May 9, 2014, Respondent was convicted by his plea of No Contest of a misdemeanor violation of Penal Code section 647(j)(3). The Respondent was placed on 3 years probation, and ordered to stay away from the 2-year-old victim and her mother, and to attend 13 sexual compulsive anonymous meetings.
On or about August 22, 2018, Respondent submitted his application for licensure as an Intern Pharmacist with a written explanation regarding the conviction he disclosed. In the written explanation, Respondent alleged that customers had been vandalizing the restroom, throwing toilet paper/paper towels everywhere and that he decided to take matters in his own hands by setting up the camera phone in the restroom, contradicting not only the evidence, but Respondent’s own statements and admission recorded in the arrest report. Further, Respondent falsely stated in his written explanation that he was charged with disorderly conduct.
FIRST CAUSE FOR DENIAL
(False Statement of Fact Made in Application for Licensure)
12. Respondent’s application is subject to denial under Code section 480, subdivision (e), in that Respondent made false statements of facts required to be revealed in the application for the license, as more particularly set forth above in paragraph 9.
SECOND CAUSE FOR DENIAL (Acts Involving Dishonesty, Fraud or Deceit)
13. Respondent’s application is subject to denial under Code section 480,
subdivision (a)(2), in that on or about August 22, 2018, Respondent committed dishonest acts, fraud, or deceit with the intent to substantially benefit himself, or substantially injure another, as follows:
BACKGROUND INFORMATION
At all times relevant to the charges brought herein, Respondent was employed and on duty as a server with his parent’s restaurant ABC Hawaiian BBQ located in Monrovia, California.
On or about December 15, 2013, Respondent, while employed and on duty as a server at a restaurant, used the unisex, single occupancy restroom when he heard a woman customer (“victim 2”) and her two (2) year old daughter (“victim 1”) trying to enter the restroom.
Respondent placed his camera phone in the corner of the bathroom floor with the camera facing the toilet knowing victim 1 and 2 were in need of using the restroom. Upon exiting the restroom, Respondent approached victim 1 and 2 to inform victim 2 that the bathroom was available. Victim 2 noticed the camera phone near the toilet and brought it to her mother’s attention.
Victim 2 noticed the phone’s suspicious location and the fact that it was recording. Victim 2 left the restaurant and took the phone to Monrovia Police Department (“MPD”) to report the recording. Officers went to the restaurant to speak with Respondent, who provided a statement. Respondent initially told the officer that he placed his cell phone in the bathroom because there was an over usage of toilet cover slips and toilet paper, but later admitted that he “wanted to take video of the little girl peeing.” Respondent’s father, who also worked at the restaurant, confirmed there was no over usage.
On or about February 11, 2014, in the case of The People of the State of California v. ********, Los Angeles County Superior Court case no. 4PS20266, the Respondent was charged with a violation of Penal Code section 647(j)(3), Use of a Concealed Camera to Secretly Record a Person who may be in a State of Full or Partial Undress for the Purpose of Viewing the Body of that Person Without Their Consent With the Intent to Invade the Privacy of that Person.
On or about May 9, 2014, Respondent was convicted by his plea of No Contest of a misdemeanor violation of Penal Code section 647(j)(3). The Respondent was placed on 3 years probation, and ordered to stay away from the 2-year-old victim and her mother, and to attend 13 sexual compulsive anonymous meetings.
On or about August 22, 2018, Respondent submitted his application for licensure as an Intern Pharmacist with a written explanation regarding the conviction he disclosed. In the written explanation, Respondent alleged that customers had been vandalizing the restroom, throwing toilet paper/paper towels everywhere and that he decided to take matters in his own hands by setting up the camera phone in the restroom, contradicting not only the evidence, but Respondent’s own statements and admission recorded in the arrest report. Further, Respondent falsely stated in his written explanation that he was charged with disorderly conduct.
FIRST CAUSE FOR DENIAL
(False Statement of Fact Made in Application for Licensure)
12. Respondent’s application is subject to denial under Code section 480, subdivision (e), in that Respondent made false statements of facts required to be revealed in the application for the license, as more particularly set forth above in paragraph 9.
SECOND CAUSE FOR DENIAL (Acts Involving Dishonesty, Fraud or Deceit)
13. Respondent’s application is subject to denial under Code section 480,
subdivision (a)(2), in that on or about August 22, 2018, Respondent committed dishonest acts, fraud, or deceit with the intent to substantially benefit himself, or substantially injure another, as follows:
- Respondent lied in his statement to Monrovia Police Department as to the reason he placed the camera phone in the bathroom, as more particularly set forth above in paragraph 8.
- Respondent’s explanation of the incident disclosed in his explanatory letter to the Board was contradictory to Respondent’s admissions in his statement in his arrest report, as more particularly set forth above in paragraphs 8 and 11.
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