Ben Menor Pleads Guilty (No Contest) to One Count of Felony
Written by Tito A. Cortez - May 07, 2008 at 04:58 PM
A Scoop for the MabuhayRadio.com
Today, Ben Menor pleaded guilty (no contest) to one count of felony (False Statement
of Operations- Fraud) and accepted to pay restitution of $32,000 for using City
of San Jose funds to pay a full-time worker to take care of his mom and dad at his
home. He also agreed to pay another restitution of $16,000 for using agency
funds to bankroll the National Federation of Filipino-American Associations
(NaFFAA) convention in San
Jose, California,
in August 2002. (Editor's Note: The MabuhayRadio.com beats the San Jose Mercury News by one hour and 23 minutes in reporting the Menor "no-contest" plea.)
The sentencing
will be on July 24, 2008. A "no contest" plea is the same as a "guilty plea" for all intents and purposes.
On November 16, 2006, Ben Menor was arraigned in Santa Clara County Superior
Court on one felony count of violating the California Corporation Code Section 6812 (False
Statement of Operations) and two felony counts of violating the California Penal Code 487
(Grand Theft/Embezzlement).
Bobby Reyes is working with the CRABS (Citizens Rebelling
Against Bogus Spending). He says that his group and the CRABS needed a conviction of, or a
guilty plea, from Mr. Menor to bolster their case against the NaFFAA NEOS for violation of the RICO Act.This coming Monday, May 12, 2008, would have been the first day of Ben
Menor's trial. Five days before his trial, he pleaded "no contest" to
charges against him. The move was apparently arrived at as a result of a
plea-bargain deal with the prosecutors.
Now that Ben Menor has pleaded guilty, the civil case filed by the City of San Jose, a municipal corporation, (Plaintiff)
against the Filipino-American Senior Opportunities Development Council, Inc.,
to which Ben Menor was the president/CEO, can now follow its due course. On August
1, 2006, the
City of San
Jose
filed a civil lawsuit against the Board of Directors and others with Breach of
Written Contract, Negligence, Fraud, Conversion, Imposition of
Constructive Trust, Accounting and Violation of the False Claims Act.
Filipino Americans in San Jose and in Northern California anxiously wait for the start of this
trial. When the trial starts, they will find out the identities of the
1-100 Does (Defendants) included in the lawsuit.
Bobby Reyes has
been running after what he calls the “NaFFAA crooks” since May 2000. He
says that he and the CRABS will now proceed with the filing of a class-action suit against
some NaFFAA national executive officers (NEOs) for turning the federation into
a milking cow.
On June 16, 2005, the City of San Jose Auditor performed an audit with the Filipino-American Senior Opportunities Development Council, Inc. and found that the
agency and Mr. Menor, its president/CEO, misused over $219,000 of city funds.
The County of Santa Clara District Attorney office will issue its own news
release. This report is relayed to the www.mabuhayradio.com as a scoop and as
an exclusive.
In the meantime,
Bobby M. Reyes, who has been running after what he calls the “NaFFAA crooks,”
since May 2000 (2-0-0-0), says that he and other community leaders will now proceed with the filing of a
class-action suit against some NaFFAA national executive officers (NEOs) for
turning the federation into a milking cow. Reyes is working together with the
CRABS (Citizens Rebelling Against Bogus Spending), of the City of San Jose and Silicon Valley, California. Reyes says that his group and the CRABS
needed a conviction of, or a guilty plea from, Mr. Menor to bolster their case
against the NaFFAA NEOs. They are also now studying the feasibility of
endorsing their dossier about the NaFFAA “crooks” to the federal authorities
for violation of the “Racketeer-Influenced and Corrupt-Organizations (RICO)
Act.” Reyes and the CRABS may also petition authorities to put the NaFFAA under
receivership, so as to protect the interest of its members and the
Filipino-American community. # # #
The MabuhayRadio.com Beats the San Jose Mercury News in Reporting the Menor Guilty Plea:Here are excerpts from the San Jose Mercury News report: Please note that
the San Jose Mercury News posted it today at 6:21 p.m. while the
MabuhayRadio.com posted the Ben Menor story at 4:58 p.m. Yes, the
MabuhayRadio.com was one-hour and 23-minutes AHEAD.
Former head of Northside Community Center
pleads no contest to filing false financial reports
Jessie Mangaliman Mercury News
Article Launched: 05/07/2008 06:21:13 PM
PDT
Ben Menor, the Filipino community leader
ousted in 2005 amid allegations of misuse of city funds at a multi-cultural
senior center that he helped built and ran, pleaded no contest today to a felony
charge of filing a false financial statement.
Menor, 57, entered the plea before Santa Clara County Superior Court Judge
Ray Cunningham. He is scheduled to be sentenced July 24, and faces three years
in jail or three years probation.
Two grand theft felony charges against Menor were dismissed after he agreed
to pay restitution totaling $51,000 to the city, said Deputy District Attorney
Stephen Lowney. He had faced a maximum of four years, four months in prison if
he were convicted on all charges.
Menor pleaded no contest to the charge that he overstated by 24,000 hours the
amount of time he and his agency worked under contract with the city to run the
Northside Community Center, a senior housing and community center on North Sixth
Street in San Jose. A no contest plea has the same legal effect as a guilty
plea.
The 92-unit senior housing and community center used by Filipinos, Sikhs and
Indo-Americans was considered a model of multi-cultural cooperation and
partnership when it opened in 2003. The center was Menor's longtime dream and
pursuit, one he shared with many Filipino-American leaders who once held him in
high regard. His non-profit group, the Filipino-American Senior Opportunities
Development Council, was under contract with the city to operate
<<Snipped>>
Fantastic job Bobby! This is going to be a lesson to those Filipinos who think that they can get away with their sleazy, greedy, and manipulative ways. Watch out crooks. Bobby is on to you ... Make the would-be felons think twice before they indulge in their greed to amass wealth at the expense of their fellowmen ...
Dan Soriano
(As e-mailed to Bobby Reyes)
Comment by mabuhay on 2008-05-07 20:08:23 Using IP: 76.90.59.120
Bobby,
Indeed, truth prevails and congratulations on your relentless efforts to make people accountable and honest, even at least for us expats who should show the way .
Pol Bautista (Sent from Sydney, Australia, by e-mail to Bobby Reyes)
Comment by mabuhay on 2008-05-07 20:19:35 Using IP: 76.90.59.120
Dear Bobby,
Thanks for the Ben Menor exclusive; it is to your credit that your continued vigilance is paying off in terms of exposing the many crooks and scam artists in our Filipino community.
The "no contest" plea makes it real obvious that you were right after all. In fact, it is as much your vindication as it is for the wonderful people at CRABS.
I wonder how this new development would impact the NaFFAA now that it is readying for another bash in Seattle.
I would like to hear from the top NaFFAA people how they feel about Ben Menor's essentially guilty plea. Silence will only deepen the hurt, so please speak out.
Kudos to you Bobby and to Tito Cortez and the rest of the CRABS. Congratulations!
Sincerely,
ROMY MARQUEZ San Diego, CA. at
Comment by Romy Marquez at
on 2008-05-07 20:21:49 Using IP: 207.200.116.6
May 7, 2008
Dear Bobby,
Now they will believe that there is really corruption in the NaFFAA. People who did not believe you will now be believers. Keep up the crusade against crooks and corruption in Filipino-American organizations. Congratulations to you on your success.
Sent By: A Retired Filipino General who is now based in the United States
Comment by mabuhay on 2008-05-07 20:22:52 Using IP: 76.90.59.120
In a message dated 5/7/2008 8:05:33 P.M. Pacific Daylight Time, MEDIABCLA writes:
"We beat the Mercury News only by one hour and 23 minutes."
Hi Bobby,
One hour and 23 minutes is a lot, it's like forever!
In global wire reporting, seconds matter. Radio and television broadcasts change every minute as more facts come in to alter the story. Were I writing that story for, say, the Deutsche Presse Agentur or Reuters, it would have been flashed worldwide . . . assuming the subject had global relevance.
Still, Filipino newspapers, online webcasts, radio and TV could have flashed the exclusive story with Bobby Reyes and Mabuhay Radio getting the credit. Well, you just humbled a newspaper giant in its own game. Congratulations.
Romy Marquez San Diego at
Comment by mabuhay on 2008-05-07 20:54:08 Using IP: 76.90.59.120
Good job, Bobby. Vindication is for the victims and the NaFFAA should it decide to continue to exist.
- Ogie Reyes Cebu City
Comment by Ogie Reyes on 2008-05-08 07:04:43 Using IP: 76.90.59.120
Well-done, Bobby. Let's put All those NAFFAA crooks in prison. A prison is a lonely, dangerous place, full of perverts. Mr. Menor will need all his fellow NAFFAA crooks in there with him.
Jesse, Seattle, WA
Comment by jessejose &aol.com on 2008-05-08 13:18:26 Using IP: 207.200.116.6
Mr. Cortez:
Hi, does this mean that further cases will be filed vs. those people who were being accused of conspiring with Ben Menor? Is he getting probation, or any jail time?
I suppose the civil suit for reparations are to follow now.
Please update me, I have a hard time opening the hyperlinks. My best to Sarah Gonzalez.
Sincerely,
Jay Caedo San Francisco, CA
Comment by Jose Caedo on 2008-05-13 12:42:23 Using IP: 76.90.59.120
Mr. Caedo,
The sentencing will be July 24, 2008. The maximum that he could served for a felony is 3 years. He might get less.
As for the civil lawsuit, the City of San Jose has reserved for 1-100 DOES. From what we know, the DOES are mainly the Board of Directors and Ben Menor. We will soon find out.
We'll try to keep you abreast.
Tito Cortez San Jose, CA
Comment by Tito Cortez on 2008-05-13 12:43:45 Using IP: 76.90.59.120
Thanks, Tito. I was just wondering about the conspiracy theory because funds were diverted. There were others allegedly part of that scheme, as someone constantly wrote about.
The thing is just unfolding, it seems.
Thanks.
Jay Caedo
Comment by Jose Caedo on 2008-05-13 12:44:57 Using IP: 76.90.59.120
Dear Jose:
You now understand why Mr. Rodis was so hard on us from the very beginning. He had to do everything to stop the audit. Once the audit started, the books would be opened. And the audit implicated the NaFFAA. Had he succeeded in stopping us from pushing the audit, none of what we know now would be discovered. The $57,000 City of San Jose funds was lost during the August 2002 convention. That's what the audit told us. Ben and Rodel were the co-chairpersons of 2002 convention.
The NaFFAA is really a sham. I have been a member of several national organization and when we have our convention, they rely on corporate sponsors and registration fees for implementing the mission statement. The NaFFAA, on the other hand, has a policy of letting locals shoulder the expenses as well as the revenues. From what we could see in 2002, NaFFAA received corporate sponsorship funds from Wells Fargo but it didn't show as to whether it went to paying the convention or its own coffers.
Only NaFFAA has this kind of policy. Those that are in the mainstream won't tolerate this kind of policy. It is a big rip-off. I thinking about writing the IRS of NaFFAA's practices. After all, NaFFAA claims to be 501 c (3) IRC charitable tax-exempt agency.
I will let you know what will happen next. Take care.
Tito A. Cortez
Comment by Tito A. Cortez on 2008-05-13 12:48:06 Using IP: 76.90.59.120
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