Talk:2015 San Bernardino attack

Claims Against County of San Bernardino

Renee Wetzel (widow, mother on behalf of three children)

Status: County has not yet responded to the claims
Filed: late December, 2015
Respondents: the county and 25 unidentified individuals
Allegation: death was preventable and caused by negligent, careless actions of the respondents.
Attorney: #1 Andrew J. Nissen http://members.calbar.ca.gov/fal/Member/Detail/284313, #2 ?
Claimed for Widow

• $3 million for loss of wages
• $25 million in general damages

Claimed for minor children

• $10 million in general damages for child 1
• $10 million in general damages for child 2
• $10 million in general damages for child 3

Notes: Claims are originally filed directly with the county: http://www.sbcounty.gov/riskmanagement/default.aspx, if rejected (likely here) they may be subsequently filed in court here: http://openaccess.sb-court.org/OpenAccess/CIVIL/

USA v. Marquez trial notes and dates

for notes on court document research see: these notes, and these.

Court: cacd (U.S. District Court, California, Central District)
Docket #: 5:15-cr-00093
Case Name: USA v. Marquez
PACER case #: 636885
Docket Archive. Archive is not necessarily up to date. Log in to Pacer to be sure. ($15/free usage per quarter)

Note: below is no longer active but contains documents:
Court: cacd
Docket #: 5:15-mj-00498
Case Name: USA v. Marquez
PACER case #: 636012
Docket Archive. Archive is not necessarily up to date. Log in to Pacer to be sure. ($15/free usage per quarter)

Counts

1. 18:2339A(a) CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO TERRORISTS
2. 18:922(a)(6) FALSE STATEMENTS IN CONNECTION WITH THE ACQUISITION OF A FIREARM
3. 18:922(a)(6) FALSE STATEMENTS IN CONNECTION WITH THE ACQUISITION OF A FIREARM (second offense)
4. 8:1325(c) MARRIAGE FRAUD
5. 18:1546(a) FRAUD AND MISUSE OF VISAS, PERMITS, AND OTHER DOCUMENTS

Next Important Dates

• Trial was moved back 3x and Marquez then entered a plea of guilty to counts 1 & 2 above, sentencing scheduled for August 21, 2017 was moved back at least twice. Maximum sentence is 25 years in prison, and/or up to $500,000.
• ...on January 25, 2019, counsel represented to the court and counsel for the Government the defense intent to file the afore-mentioned motion for an order allowing the defendant to withdraw his plea of guilty to count I of the indictment, and counsel anticipated the filing would occur on or before May 13, 2019...That, due to unforeseen circumstances, the defense is unable to complete and file the notice of motion and motion by May 13, 2019; however, counsel will do so on or before May 28, 2019, without any further delays or extensions of time.

Loma Linda Medical Center Report

After action report by Loma Linda has several constructive comments and suggestions: [1]

USA v. Chrnykh, Farook & Farook trial notes and dates

Court: cacd
Docket #: 2:16-cr-00292
Case Name: USA v. Chernykh et al
PACER case #: 646503
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Defendants
Syed Raheel Farook - Male shooter's older brother.
Tatiana Farook - Wife of Syed Raheel Farook
Mariya Chrnykh - Sham wife of accomplice Enrique Marquez

Notes:
Mariya Chrnykh and Tatiana Farook - are sisters
Enrique Marquez - (see above case.) Supplied explosives and assault rifles. Long term friend and neighbor of the male shooter.
Syed Raheel Farook - male shooter's older brother. Was a decorated U.S. Navy veteran [2][3]

Counts

1 18 U.S.C. § 371: Conspiracy.

In addition, defendant Chrnykh is charged with violations of

2 18 U.S.C. § 1546(a) Fraud and Misuse of Visas, Permits, and Other Documents;

3 18 U.S.C. § 1621: Perjury;

4 18 U.S.C. § 1001(a)(2): Material False Statements

5 18 U.S.C. § 1001(a)(2): Material False Statements

Guilty Pleas

• Syed Raheel Farook - Count 1
• Tatiana Farook - Count 1
• Mariya Chernykh - Count 1, 3, 4 & 5

Sentencing

• Sentencing has been pushed back several times (see below)
• Each push back has contained the following: Defendant is out of custody on bond pending sentencing …parties respectfully request to continue the sentencing hearing …to [see bellow] Defendant needs additional time to prepare [his/her] written sentencing position and believes it is in [his/her] best interest to seek a continuance. The government does not object to this request.
• Original sentencing date and continuances granted to dates
• Syed Raheel Farook – 11/13/2017 (o) to, 3/19/2018 (1), 9/24/2018 (2), 3/ 25/2019 (3) 12/9/2019 (4)
• Tatiana Farook – 11/13/2017 (o) to, 3/19/2018 (1), 10/22/2018 (2), 4/15/2019 (3), 2/10/2020 (4)
• Mariya Chernykh - 11/20/2017 (o) to 4/30/2018 (1), 11/5/2018 (2), 5/20/2019 (3), 3/9/2020 (4)
• Defendant [Mariya Chernykh] seeks to modify the conditions of her pretrial release to remove the location monitoring bracelet and curfew conditions as terms and conditions of her bond… government does not oppose this modification. Ordered 4/12/2018

Farook Life Insurance Case

Rafia Farook (mother) attempt to collect $275,000 life insurance on death of her son (the male shooter).
USA is attempting to foreclose on the policy benefits and distribute them to victims families and survivors.

Court: cacd
Docket #: 5:16-cv-01129
Case Name: United States of America v. All Monies, Including Insurance Benefits And Interest, Payable Pursuant To Claim Number 1179068 Under Minnesota Life Insurance Group Policy No. 33772-G, For Basic Life Insurance Coverage In The Amount
PACER case #: 649169
Docket Archive. Archive is not necessarily up to date. Log in to Pacer to be sure. ($15 free usage per quarter)

Court: cacd
Docket #: 5:16-cv-01206
Case Name: Minnesota Life Insurance Company v. Rafia Farook et al
PACER case #: 650001
Docket Archive. Archive is not necessarily up to date. Log in to Pacer to be sure. ($15 free usage per quarter)

Next Important Dates

• Rafia Farook (mother) and USA have filed claims to the policy benefits
• A docket item filed 08/05/16 asked for any other claims to the insurance proceeds be filed no later than 60 days after the first day of publication on an official internet government forfeiture site. Earliest follow up is therefore 10/04/2016.

Police Foundation Report

Coverage and particularly the role of DOJ in this report is misleading. more here.