�I, Russell A. Moore, do hereby declare under penalty of perjury that:
On October 22, 1998, your affiant met with Amador County D.A. Investigator Ron Hall regarding an investigation into the illegal removal of a set of gasoline underground storage tanks.� Please see the attached Exhibit "B" made a part of this document by said reference contains background information regarding this case investigation and introduces me to the court.
During the past ten weeks I have begun to understand from the totality of circumstances a pattern and practice on the part of the Robert WOMACK and the WOMACK controlled businesses, which shows malice towards many, if not most, laws. His business activities appear to be permeated with fraud.� He has been committing crimes off and on for at least 40 years.� Although most of the paperwork I have looked at over the past ten weeks was related to violations of the law since May of 1998, I have discovered a pattern of white-collar crime.� I am absolutely certain this pattern of white-collar crime did not begin suddenly in 1998 with the underground storage tank or in 1997 with sales tax violations and perjury on DMV paperwork.� I am aware that businesses that commit white-collar crimes usually commit an entire spectrum of white-collar crimes.� Thus, it was not surprising to me to learn that the WOMACK investigation to date has revealed:� evidence of perjury, evidence of conspiracy, evidence of false declarations, evidence of years of environmental/zoning violations, evidence of unreported income, evidence of fraud, evidence of worker compensation insurance violations, and dissuading witnesses.
In order to gather evidence as to the crimes, which Robert WOMACK was indicted on and to help determine the entire scope of these business activities that are permeated with fraud we need to determine several additional things.� In order to help collect this evidence I have drafted this declaration.
I am aware that from the use of phone records, investigators have an excellent tool in showing pattern and practices of criminal activities, especially conspiracy.� They show the total picture.� Once these records are collected, similar to a jig saw puzzle, many avenues open themselves to an investigator.� These avenues include, but are not limited to: other witnesses, timetables of events, locations of defendants at a given time; and several other equally important reasons.
I am aware, from my initial review of Department of Motor Vehicle records in California and Nevada, that a large volume of the documents, declarations, and other paperwork filed by Robert WOMACK contain false and/or fraudulent information, much of it signed under penalty of perjury, thus a violation of Penal Code � 118.� I am aware that much of the paperwork associated with the ownership and control of vehicles is normally kept at a person's residence/business office.� In this case the control over assets and just who is K.R.L. PARTNERSHIP is a huge piece of the puzzle.� I am aware that there is greater than a fair probability that information related to vehicles will be found at the banks, the residence/business office at 15864 Ridge Road, and the accountants office. This evidence of a crime or crimes will include checks, insurance records, loan records, signature cards, deposits, income (both reported and unreported), evidence of residency, copies of correspondence and several other items that will help track vehicles, taxes on those vehicles and purchase prices/sales price of those vehicles.
I believe there is a better than fair probability that Revenue and Taxation Code violations have occurred and are occurring.� I believe that evidence of these crimes will include checks, insurance information, loans/loan payments, signature cards, deposits, property purchase records, property sales records, draws on the K.R.L. PARTNERSHIP accounts, tax records, phone records and other types of money tracing paperwork.� I am aware that there is greater than a fair probability that information related to the above listed items will be found at the banks, the residence/business office at 15864 Ridge Road, and the accountant's office.� I am aware that when looking at the totality of the circumstances that all paperwork is necessary to determine the scope of the enterprise that is permeated with fraud.� Loan payments shall show patterns and probably substantial unreported or underreported income.� Checking account records will show control of K.R.L. Luke Womack testified to the Grand Jury that he was "almost sure, positive" that Robert WOMACK gets paid from K.R.L. yet no records were provided by K.R.L. pursuant to a Grand Jury SDT.� (See the further discussion below related to this topic.)� In fact, Luke WOMACK further testified, "that's how he (Robert WOMACK) makes his living".
I am therefore using this affidavit to cover a business that is permeated with fraud.
I understand that I have substantial information related to the 1997 and 1998 crimes that the Grand Jury indicted Robert WOMACK and others on, however, to complete the puzzle, more information needs to be gathered over a much longer period of time.� Thus, information from phones, bank record, property records, credit bureau information and checking account information, especially the XX account is crucial in this case.� As mentioned below, requests from the defendant for paperwork has resulted in the production of edited information and failure to comply with a lawfully issued subpoena duces tecum.
Some of the most interesting information came from a 1991 Amador County Case, Case No. 16877.� During that case, in 1992, Robert WOMACK signed a declaration under penalty of perjury that he "never had express or implied authority to act on behalf of K.R.L. CORPORATION" and that he "never had express or implied authority to act on behalf of KRL Partnership".� On that same date, April 7, 1992, his son, the dentist, Roland E. WOMACK, additionally signed a declaration in that case.� One paragraph of Roland's declaration apparently relating to Robert WOMACK'S income stated,
"That Robert Womack's business dealings with the Dufurs are of no concern to the amount of money that is currently owed to K.R.L. PARTNERSHIP. Robert Womack is not a partner of K.R.L. nor, does Robert Womack have the express or implied authority to bind KRL PARTNERSHIP to any contract or obligate KRL PARTNERSHIP in any way �" this declaration was signed under penalty of perjury.
The case was tried in October 1993 and on October 21, 1993, the court in that case found against the WOMACK'S and for the plaintiffs.� The minutes from the Honorable Judge Harold Bradford that day indicate,
"For the purpose of this case and for purposes of these determinations, the court considers Robert Womack the apparent authority as an agent with full power to represent the partnership as he has the use of the property, use of the checking account, the authority to draw on the checking account and receives funds on behalf of the partnership."
Thus, Robert WOMACK and Roland WOMACK were much more likely than not committing perjury 1992 when they filed their declarations in that case.� We are attempting to get the transcript from the trail at this time.� Again the Dufur case points out the need for all K.R.L. records over a period of years.� When viewing these documents in total, these false statements and any other statement made under the penalty of perjury could be evidence of other crimes, but most importantly will be being further evidence of the crimes for which Robert WOMACK has already been indicted.
I am aware from a FBI rap sheet that Robert R. WOMACK was first charged with Conspiracy in 1961, to date I am not sure whether he was convicted of a felony or a misdemeanor for that offense, but my investigation continues.� The second time Robert R. WOMACK was charged with Conspiracy was in 1975.� It appears from the rap sheet that he pled to a misdemeanor in that case.
To date, I am aware of numerous cases over the last 17 years in which Robert WOMACK, and/or Robert WOMACK family controlled business i.e.) K.R.L. PARTNERSHIP/K.L.R. CORPORATION have committed violations of the law.� I am aware that on May 22, 1981 that K.R.L. CORPORATION was incorporated in Nevada.� I am aware from records forwarded to me from the State of Nevada that initially the corporate officers of K.R.L. CORPORATION were Kimberlie J. MOORE, Michael MOORE and Roland E. WOMACK.� This may have either been Roland's last year in high school or first year in college.
I am aware that by December 1981 that the Elko Nevada District Attorney Thomas L. Stringfield had to file a complaint against K.R.L. Corporation, Robert WOMACK, and June C. WOMACK alleging their violations of "�The Planning and Zoning Statutes Of The State of Nevada And the Planning And Zoning Ordinance of the County Of Elko".� That case resulted in a Permanent Injunction against the defendants.
Another instance of fraudulent activities for which I am aware is that in 1990 an insurance company obtained a $109,537.37 judgement against Robert WOMACK,� June WOMACK, and K.R.L. CORPORATION.� After this judgement the corporation was dissolved and the partnership apparently created.� In early 1991 the WOMACKS and their business had a civil case filed against them alleging, among other things, that property had been conveyed by K.R.L. CORPORATION to K.R.L. PARTNERSHIP in order to hinder, delay and defraud the Plaintiff from enforcing its judgement.� Specifically that the conveyance was made without the debtor K.R.L. CORPORATION receiving equivalent value.� By 1996 the debt in this case was finally paid by unknown parties.� The records from this case and the non-privilege documents in this case will be helpful in determining exactly what was the mental state of the WOMACKS in dissolving the K.R.L. CORPORATION and beginning the K.R.L. PARTNERSHIP.� As mentioned above, there is better than a fair probability that these records will be found at the Ridge Road address and/or the accountant's office.
I am aware in Amador County of numerous violations of zoning, planning, and/or environment laws by the WOMACK controlled businesses and individuals.� Some of these violations are listed here: in 1994 or 1995 zoning/building violations including building without permits and beyond the scope of the permits issued at Roland WOMACKS dental office at 511 Sutter Street; in 1995 or 1996 grading without permits at the Bosse Ranch on Bosse Ranch Road; in 1996 or 1997 grading without permits at the 15864 Ridge Road address; in 1996 or 1997 grading without permit at Roland WOMACK's home (this home may be owned by Robert WOMACK or K.R.L. PARTNERSHIP) on Highway 88; water pollution caused by negligent acts at the 15864Ridge Road address; investigation into water theft; destruction of a retaining wall at 505 Sutter Street; as well as the numerous crimes Robert WOMACK was indicted for on December 1, 1998.
On October 30, 1998, the Honorable Susan Harlan, Judge of the Amador Superior Court, authorized two search warrants.� The first warrant was for the office of K.R.L. PARTNERSHIP at 15864 Ridge Road, Sutter Creek, California (15864 Ridge Road is also the residence of Robert and June WOMACK.)� The second warrant was for residence of Mark SHERRILL, 10 Smalley Avenue, Jackson, California.� Both search warrants were executed on the date of issuance.� I personally was involved in the service of the first warrant and caused service of the second by Amador County District Attorney Investigator Gary SIMS.
During said searches numerous items were seized including, but not limited to: a video tape of the underground storage tank removal (this video tape contained over thirty minutes more underground storage tank footage than the videotape provided to the District Attorney's office by Robert WOMACK in August of 1998 voluntarily after it had been requested one month earlier by District Attorney Investigator Ron Hall), an audio tape of Mr. Robert WOMACK's, check registers, checks, deposit slips, vehicle registrations and certificates of titles, a file regarding 505 Sutter Street, correspondence to various individuals, a computer which is currently in the possession of Special Agent Fred Adler of the California Department of Justice - High Tech Crimes Task Force, and limited phone records.
In the week following the initial search warrants I participated in the inventory preparation and the initial review of the evidence seized, however, much of my time was spend on Grand Jury preparation.� A Grand Jury proceeding was held from November 91998 until December 1, 1998.� This proceeding included the testimony from approximately 64 witnesses with numerous other witnesses subpoenaed but not testifying. Many of these witnesses brought additional documentary evidence and/or provided additional interviews which led to an expanding of our investigation beyond the original Hazardous Waste/Hazardous material/Underground Storage Tank type of violations.
I am aware that during Grand Jury proceedings new evidence was brought to light related to perjury, dissuading of witnesses, workman's compensation issues, and contractors licensing board issues and others.� I am aware that on December l, 1998 the Grand Jury returned a True Bill in this matter.� Robert WOMACK, David Sterling MASON III, and Mark SHERRILL indicated on a variety of charges ranging from hazardous waste disposal and water pollution to dissuading witnesses and perjury.� At least three witnesses testified during the Grand Jury proceedings that they had been contacted by named defendants in the indictment and asked to provide incomplete and false information to investigators in this case.� David Sterling MASON was indicted on one Count only, CONSPIRACY.� It is important that as much information related to the above listed crimes be gathered as possible prior to the release of the Grand Jury transcript in order to preserve evidence.
Although we are continuing our investigation into the initial violations which led to the original search warrants, the crimes which led to the initial scheduling of the Special Criminal Grand Jury and the additional investigation that led to the indictment on numerous other crimes by the Grand Jury, we have now additionally embarked on the early stages of tracking unreported incomes and monies of the WOMACK's via their various questionable transfers of personal and real property and the tax implications of those activities.
I have reviewed the majority of the evidence seized from both sites, a large portion of the grand jury transcript, many of the grand jury exhibits, interviewed over two dozen additional potential witnesses and as a result I have continued to conduct further investigation.� Late in the week preceding the Grand Jury and during the actual selection of the Grand Jury conversations were had between representatives of both Mark SHERRILL and Robert WOMACK related to a resolution of this matter.� In fact on Monday morning November 9, 1998 I was present during the videotaped interview of Mark SHERRILL in the presence of his attorney David Thomas.� During this interview Mark SHERRILL informed us for the first time that the truck that was used to haul the underground storage tank from 505 Sutter Street on May 2, 1998 was a truck he owned and that the driver of the truck was Robert WOMACK.� Mark SHERRILL further informed us that a majority of the soil/debris went to SHERRILL's property on Highway 88 and what is referred to as the "Old Mill" in Martell.� He told us that this was done to save Robert WOMACK money.� SHERRILL told us he knew he had issues that needed to be resolved related to his work on his Highway 88 property.� This included working without permits and beyond the scope of permits.� SHERRILL additionally told us that he would show us where he buried the contaminated soil from the underground storage tank removal.� To date SHERRILL has not kept that promise.
Further, Mark SHERRILL told us that he had not been contacted by Robert WOMACK and asked to fabricate a story related to the hazardous waste transport issues.� However, he told us that the reason Robert WOMACK hauled the tank on May 2, 1998 was because Mark SHERRILL would not.� The day that Mark SHERRILL was to testify before the Grand Jury pursuant to an agreement with the District Attorney's Office his attorney called and informed the District Attorney's Office that the deal was off and that Mark would not be testifying.� When Investigator Hall informed Connie SHERRIL of Mark SHERRILL's determination, Connie SHERRILL made a spontaneous statement to Investigator Hall that Mark had received a phone call the night before and it was not from his attorney.� Phone records are crucial in this case to help prove conspiracy and to help show that witnesses are being dissuaded.
Additionally, I have been informed by Deputy District Attorney David J. Irey that either on the November 10, 1998 or November 11, 1998, Mr. Robert WOMACK's attorney Ken Foley asked for the return of some of the items seized during the search on Ridge Road.� I have been informed that this request included a request that the seized vehicle's certificates of title be returned.� During the Grand Jury proceedings information was published in the Amador Ledger Dispatch that indicated that Robert WOMACK was attempting to obtain duplicate vehicle certificates.� It should be noted that Mr. Roland WOMACK was present and specifically watched the seizure of those certificates from the safe at Ridge Road.� further, I am aware that Luke WOMACK testified that the family including Robert WOMACK, discussed the evidence seized during the search warrant for over one hour the night of the search warrant.
I thus began a more intensive investigation into the vehicle records held by the�� Department of Motor Vehicles in California and the Department of Motor Vehicles in Salem, Oregon.� I have received certified records from the State of Oregon (See Attachment 1) revealing that Robert WOMACK purchased a 1998 Lincoln Navigator 4X4 from Dale Walker Ford Incorporated, 1107 N. Coast Highway, Newport, Oregon, on July 25, 1997.� The application for title and registration lists the Bank of Amador as the lien holder.� K.R.L. PARTNERSHIP checks, seized during the search warrant, reveal payments to Bank of Amador for said vehicle signed by R. WOMACK and endorsed for account #600041036.� The majority of information on this form has been typed in and lists Robert R. WOMACK with an address of 2340 Crestline Drive, Waldport, Oregon.� This typed address has been lined out and a handwritten address of 16219 Lower Harbor Road, Bookings, Oregon written next to it.
I am aware from a Curry County Tax Bill seized during the October 30, 1998 search warrant, (See Attachment 2) that K.R.L. PARTNERSHIP owns the Lower Harbor Road property in Oregon.� I have spoken to Curry County Deputy Assessor Bob PLAEP and learned that tax records for this parcel indicate it is a mobile home space in Portside RV Part, space 50A.� Records also indicate that a 404 square foot mobile home is situated on this space.
I discovered while reviewing the personal address book of Robert WOMACK, seized during the search warrant, that Loyd FOSS is listed at the same Oregon address.
I spoke to Audrey (unknown last name), Salem, Oregon Department of Motor Vehicles and was assisted in the discovery that Loyd FOSS has an identification card issued to him from the State of Oregon listing his address as 16219 Lower Harbor Road.� The record also reveals that his mother's maiden name was WOMACK (See Attachment3).� FOSS has a DOB of 2-14-05.
I spoke to Nancy at the Lincoln County, Oregon Assessor's Office on December 11, 1998, and she advised that 2340 S. Crestline Drive, Waldport, Oregon, is owned by Joyce BITTICK and that is was purchased Aril 25, 1996.� Joyce BITTICK is listed in Robert WOMACK'S address book at that address with a telephone number of 541-563-6824; it should be noted that ROBERT WOMACK enters BITTICK's address and telephone number onto the Oregon application for title for the Lincoln navigator purchased (See Attachments 4 & 5).
I telephoned Dale Walker Ford Incorporated on December 11, 1998 and asked to speak to Joyce BITTICK.� The female secretary that answered advised me that Joyce BITTICK was unknown to the dealership.
I am aware from the Amador County Recorder's documentation that Robert WOMACK is registered to vote in Amador County, last voting on November 3, 1998.(See Attachment 6)� I have requested and received from the California Department of Motor Vehicles certified copies of records completed on January 16, 1998 that reveal Robert WOMACK registered the Lincoln Navigator in California at the Jackson Office of DMV.� (See Attachment 7)� The application for original registration does not include lien holder information in the space provided on the back of the form.� Section 7 on the face of the form asks, "Is this vehicle being used as security for any lien other than the lien shown (if any) in Section F lien holder(s)?"� The no box is checked.
I am aware from the certificate of title seized that the Bank of Amador lien on the 1998 Lincoln Navigator was not satisfied until October 6, 1998.� (See Attachment 8)
I have been told by District Attorney Investigator Ron HALL that he personally had observed Robert WOMACK'S Lincoln Navigator being operated in California well in advance of the date it was registered in California.
I am aware from Grand Jury transcripts that William A. WOLIN testified that he had observed Robert WOMACK driving his 1998 Lincoln Navigator in Sutter Creek as early as the fall of 1997.
I spoke to Rick PARSONS of the investigative branch of Oregon DMV on 12-18-He advised me that the Dale Walker Ford dealership changed owners on 9-29-97.The new owners are going business as Midway Motors, with a DBA of Newport� Ford Lincoln, Mercury.� PARSONS further advised that the telephone number has remained the same.
I spoke to Mavis THOMPSON, a 20-year employee at the dealership, on December 18, 1998.� She told me that she had retrieved the file regarding Robert WOMACK's purchase of a Lincoln Navigator from Dale Walker Ford.� THOMPSON had done so in response to a fax I had sent.� We reviewed the file over the phone and she faxed me the pertinent records I requested.� She verbally advised that the purchase contract has been arranged by phone and fax on 4-1-97, between Tom WARREN (salesman) and Bob WOMACK.� The file also included a $3,000 check, check #3081 written on a K.R.L. PARTNERSHIP account with the Bank of Amador. (Attachment 9)� R. WOMACK signed said check.� After review, I requested additional documentation from THOMPSON.� She faxed me a refund check, #36200, issued by Dale Walker Ford to Robert R. WOMACK, 2340 Crestline, Waldport, Or, 97394.� (See Attachment 10)� Said check was endorsed Robert WOMACK and a bank stamp on the back, which was difficult to read, appeared to indicate its negotiation through a Bank of America branch in Jackson, California on 8-8-97.
On December 19, 1998 I requested District Attorney Investigator Jim WALSHAW take a faxed copy of the aforementioned check to the Jackson branch of Bank of America to ask their opinion of the bank stamps affixed to the back of the check.� WALSHAW advised me that he was informed at the bank that the check had been negotiated there but they were unable to identify an account number.� WALSHAW was advised to bring the document back on Monday, December 21 to get the view of their resident expert who was off for the weekend.
On December 21, 1998 I spoke to District Attorney Investigator Jim WALSHAW who advised he had made contact with Jan LANDBERG, Personal Banker III of the Jackson Branch of Bank of America.� She reviewed the rebate check issued to Robert WOMACK and advised that your affiant had misread the bank routing numbers and that the check had actually been negotiated at the Bank of Amador.� She added that the instrument would have had to be negotiated in person because no account number was stamped thereon.
Based on my training and experience and the statements of others including District Attorney Investigator Ron Hall, I believe that Robert WOMACK ordered a Lincoln Navigator 4X4 from an Oregon dealer to avoid California sales tax of approximately $3,443.� I further believe that Robert WOMACK paid for a portion or a majority of that vehicle with K.R.L. PARTNERSHIP funds.� I further believe that Robert WOMACK picked up the vehicle on or about July 25, 1997 and reentered California with that vehicle prior to the 90 day, 7500-mile rule imposed by California State Board of Equalization for avoidance of California sales tax and certainly well before the January 16,1998 date he placed on his California application for original registration under penalty of perjury.� Phone records and checking account records are necessary in order to help further develop evidence related to these interstate violations.
In conjunction with this same search, your affiant found 41 checks made out to a Wells Fargo Bank account #0148 200 5XX.� The total amount of said account number 0148 200 5XX checks from the K.R.L. PARTNERSHIP is at least $8,900 from January to October 1998 (See Attachment 11).� The checks are made out in varying amounts, predominately $200 each, and follow no regular pattern, which does not include a loan payment.� Additionally, I found a $500.00 K.R.L. PARTNERSHIP check from Bank of Amador, check number 3887, dated September 7, 1998, made out to the Wells Fargo Bank account which included a notation in the memo section "Robert tank reward?"After the September 2, 1998 meeting, Robert WOMACK has claimed that he paid a reward for the return of the underground storage tank, to date we have no evidence that a reward was ever paid for the missing underground storage tank nor the location of the underground storage tank for several months.� If by some chance Robert WOMACK placed the money in the 0148 200 5XX account and then paid an individual from that checking account, we may be able to determine the whereabouts of potential co-conspirators and or additional information on illegal hazardous waste disposal activities and locations.
In fact, in today's Amador Ledger Dispatch, dated January 8, 1998, Marilyn Lewis wrote that Robert WOMACK paid a $l,000 reward for the return of the tank.� I am aware from Jeff TAYLOR'S Grand Jury testimony that Robert WOMACK told Taylor that Robert WOMACK had paid a $1,000.00 reward for the return of the underground storage tank.
I spoke to Patty WERNER on December 11, 1998.� WERNER is a bank officer at the Gold River Branch of Wells Fargo Bank.� After examining the aforementioned check, WERNER told me that the account was opened at her branch some years ago.� She based that assessment on the construction of the account number.� Zero signifies a checking account and 148 designates her branch.� WERNER added that two years ago Wells Fargo went to random numbers for the second, third, and fourth digits.� WERNER told me that in 16 years in the banking business she has never seen a customer use XX to hide an account number.� She further opined that an endorsement would be necessary if the checks were brought to tellers under her supervision.
Additionally, I understand that if an ATM machine is used for the transaction(s) the account number is usually placed with the deposit slip by the computer, thus enabling easier processing.� I believe many of these account number 0148 200 5XX transactions took place at a Wells Fargo ATM, probably in Amador county.� Thus, information related to deposits/withdrawals will provide useful and necessary information related to unreported income, K.R.L. PARTNERHSIP/K.L.R. CORPORATION activities, underground storage tank locations, underground storage tank, additional witnesses, and potentially additional defendants.� Thus, helpful information related to these crimes that individuals were indicted on and possible other crimes will be found with the Wells Fargo warrant.
I spoke to Tom DE BONO, Branch Manager, Guaranty Federal Bank, 131 N. San Joaquin Street, Stockton, CA, on December 11, 1998.� I explained the nature of the aforementioned check and DE BONO told me in over 15 years in the banking industry he has never heard of checks being negotiated in such a manner.� He added that data entry would be extremely difficult because the account number would have to be looked up each and every time the checks came in.� His bank's data entry is done at night and personnel doing it do not have time to research account numbers.
On December 11, 1998, I spoke to Larry BOEHM of Boehm & Associates, 3110 Watt Avenue, Suite 5, Sacramento, CA� 95821.� BOEHM is a retired criminal investigator with the Internal Revenue Service.� BOEHM not specializes in conducting forensic audits.� He viewed the aforementioned check and concluded that it was very suspicious activity, but indicated that additional individual and partnership records would be needed to fully understand how and what was being done.� BOEHM did opine that the activity could be seen as an attempt to hide assets.
I am aware that two checks, numbered 1510 and 1587, written on the account of Jeff Taylor Construction to Mr. Robert (Bob) WOMACK were entered into Grand Jury evidence.� Check 1587 is in the amount of $811 and is endorsed "Bob WOMACK pay to 0148 200 5XX" as opposed to depositing the money in a K.R.L. account, thus, income to Robert WOMACK.� (See Attachment 12)� Jeff TAYLOR was a Grand Jury witness and brought in evidence of the purchase of a property from K.R.L. PARTNERSHIP.� I am aware that this property is located at 3541 Lakeview Drive, Comanche Village, CA, and the sale was negotiated with Robert WOMACK.� I am aware from Grand Jury testimony and from Jeff TAYLOR that the property sold to Jeff TAYLOR was the home of Larry WOMACK, owned by K.R.L. PARTNERSHIP, and that although Larry WOMACK is a partner in K.R.L. PARTNERSHIP at this time Robert WOMACK decided to sell the house because he was unhappy with Larry WOMACK'S actions.� I am aware from Jeff TAYLOR's Grand Jury testimony that Robert WOMACK told Jeff TAYLOR to make the loan payment checks out to Robert WOMACK.
I am aware from records obtained from the Sacramento Assessor's Office that Robert WOMACK has owned homes in the past in the Sacramento suburb of Fair Oaks, this is adjacent to Gold River, California.
Based on my training and experience and statements of others, I believe that this checking account may have been used to pay an unidentified person or persons who unlawfully stored, for a period exceeding four months, the underground storage tank removed from 505 Sutter Street on May 2, 1998, and Robert WOMACK used this account to conceal identities.� I further believe that Robert WOMACK is diverting funds into this account to hide assets and/or for making deposits to unknown accounts.� No records for this or any other Wells Fargo account were found during the service of said search warrant at Ridge Road.
I am aware from check registers seized that Robert WOMACK and/or a K.R.L. PARTNERSHIP partner obtained a $10,000 loan from Bank of America in early February (See Attachment 13)� I believe that the aforementioned load activity records may lead to additional repository of funds and/or divulge other unknown WOMACK controlled accounts.
I am aware from Grand Jury transcripts that Roland WOMACK testified negotiations for the purchase of 505 Sutter Street, Jackson were conducted over the period of a year and started out over $100,000 before being finalized at $60,000.� He further testified that his father, Robert WOMACK, negotiated the transaction with David MASON III but that that actual funds originated from Roland WOMACK's and Nadine WOMACK's business Wells Fargo Bank account.� He also testified that his father was the manager of K.R.L. PARTNERSHIP and that all K.R.L. records were kept at the 15864 Road office of K.R.L. PARTNERSHIP.� Roland WOMACK also testified that he was aware certificates of vehicle titles had been seized during the search warrant.
I am aware from documents seized with the October 30, 1998 search warrant K.R.L. CORPORATION was awarded a $60,000.00 judgement from the U.S. Government on or about September 2, 1998.� I have spent numerous hours trying to locate information related to this judgement without success.� To date I have not located any records which show a deposit of any amount from this judgment into any K.R.L. account.� This judgement may or may not be income and the file should contain documents that will help us gather further evidence of a pattern related to actual ownership of K.R.L. PARTNERSHIP. Although this was a K.R.L. CORPORATION judgment, I am aware from the check registered seized during the October 30, 1998 search warrant that the attorney fees for this litigation were being paid from the K.R.L. PARTNERSHIP account.
I am aware that in late 1994 and/or 1995 that substantial work was done on Roland WOMACK's business office, 551 Sutter Street, without permits.� I am additionally aware that a stop work order was given.� I am aware that Robert WOMACK circumvented this stop work order with phone calls to county officials.� Cell phone records, checks, check registers and documents contained in the K.R.L. PARTNERSHIP paperwork would help determine status of loans and or control of assets.
I am aware that in 1995 or 1996 allegations surfaced that Robert WOMACK had buried hazardous wastes on property owned by K.R.L. PARTNERSHIP, commonly known as the Bosse Ranch.� This information was initially provided to Amador County Environmental health.� Although the initial investigation did not show any direct evidence of this dumping, District Attorney Investigators Jim Walshaw and Ron Hall are now developing information related to those alleged violations.� To date, the information comes from John H. MALMQUIST, a relative of the previous owner of the Bosse Ranch. MALMQUIST was living on the property at the time of the alleged dumping and has had conflicts in the past with Robert WOMACK.� However, after rumors of the indictment surfaced in this case last month, the witness made contact with the Amador County District Attorney's Office and is providing useful information related to the apparent burying of waste oil, car batteries, engine blocks, a mobile home and other hazardous/solid wastes at the Bosse Ranch by Robert WOMACK.� In fact, MALMQUIST has told Investigator Hall that Robert (Bob) WOMACK buried his home and belongings.� This information has not been confirmed to date, however, it is consistent with a pattern and practice of white-collar crime.� Investigator Hall and Walshaw have knowledge that the Bosse Ranch previously had shade tree mechanics operating out of that location during the time period of these alleged hazardous waste violations.
Your affiant discovered that Robert WOMACK went to the Jackson Department of Motor Vehicles on November 13 and November 16, 1998 and submitted applications for duplicate titles for two vehicles on each day, signing said applications under penalty of perjury that the original title has been lost/stolen.� Your affiant has requested and received certified copies of four such applications from the Department of Motor Vehicles in Sacramento.� (See Attachments 14, 15, 16 and 17)
I am aware, from Grand Jury transcripts that Roland WOMACK and Nadine WOMACK failed to comply with a lawfully issued Subpoena Duces Tecum issued to K.R.L. PARTNERSHIP, by the Grand Jury, requesting many of the same records that I am requesting this search warrant for.� (See Attachment 17-2)� After initially answering questions posed during the Grand Jury proceedings both Nadine WOMACK and Roland WOMACK invoked their Fifth Amendment right not to answer questions as the prosecution began to ask questions related to the K.R.L. PARTNERSHIP paperwork and the failure to comply with the Subpoena Duces Tecum.� However, both Roland and Nadine indicated that the paperwork would be at the Ridge Road house.� To date no records have been delivered to the District Attorney's Office that comply with the November 13, 1998 SDT.
I am award from Grand Jury transcripts that Roland WOMACK testified the K.R.L. PARTNERSHIP accountant, Dennis R. OLMSTEAD, CPA, handles all year end disbursements to the partners of K.R.L. partnership and that all income tax filings resulting from same can be found at OLMSTEAD's office.� Further Roland WOMACK provided information to the Grand Jury that the accountant handles partner draws and taxes.� Roland WOMACK also testified that OLMSTEAD has been the partnership accountant for the past four to five years.� I am aware from the check register seized in the October 30, 1998 search at Ridge Road that a check for $2,500.00 was paid to Dennis OLMSTEAD from the K.R.L. PARTNERSHIP account.� I am aware that Kimberlie MOORE� has said that for information regarding the K.R.L. PARTNERHSIP we should ask the accountant.
I am aware that Dennis R. OLMSTEAD, CPA is listed in the Sacramento telephone book at 9821 Fair Oaks Boulevard, Fair Oaks, California with a telephone number of 916-967-5444.� I requested Officer Don PEDERSON to observe the 9821 Fair Oaks Blvd. business address of Dennis OLMSTEAD on December 22, 1998.� At that time, Officer PEDERSON observed that the entrance door to Suite B not only indicated that Dennis R. OLMSTEAD was a CPA in that office, but that Richard GREEN's name was also painted on the door of Suite B.� Your affiant has contacted the California Secretary of State's Office and found that no partnership or corporation records exist for Dennis R. OLMSTEAD, CPA.
On 12-29-98 I spoke to Officer Troy RIVERS, Headquarters Investigative Services Unit of the California Highway Patrol, who at my request accessed a data base which indicates that Dennis OLMSTEAD is known to the Bureau of Consumer Affairs and is licensed as a CPA (0300 accountancy), license number 0016377, and said license is valid through October 31, 2000.� The database also reveals that OLMSTEAD has been licensed in California since April 23, 1971 and is not licensed in any other state as a CPA.
I am aware from Sacramento County Assessor's records that Dennis R. OLMSTEAD sold property to Robert R. WOMACK in 1982.� The transaction involved property located at 4043 New York Avenue, Fair Oaks, California, which is near the office of Dennis OLMSTEAD.� I learned on December 22, 2998 that Dennis OLMSTEAD'S driver's record with the State of California now indicates that OLMSTEAD surrendered his California driver's license to Minnesota.� (See Attachment ) I am also aware from surveillance conducted by California Highway Patrol Officer Don PEDERSON on December 29, 1998 that Dennis R. OLMSTEAD was observed at 9821 Fair Oaks Blvd, Fair Oaks, CA, driving a 1994 Chevrolet pickup truck displaying a Minnesota license plate 184PHF.� It should be noted that the Chevrolet pickup truck was originally registered in California.� California and Minnesota vehicle registrations reveal that the legal owner to be Primus Automotive Financial Services Inc., P.O. Box 111896,Nashville, Tennessee 37222, and the registered owner is Dennis R. OLMSTEAD.
Based on my training and experience, and the observations of others, I believe that Dennis R. OLMSTEAD and Robert WOMACK have a long-standing personal and business relationship.
I believe that this relationship could explain why Dennis OLMSTEAD surrendered his California driver's license to Minnesota at a date near to or after the service of the search warrant at Robert WOMACK's residence; and that this activity may have been done to stymie investigators efforts to discover records detrimental to K.R.L. PARTNERSHIP and/or Robert WOMACK.� To date no WOMACK has been able to explain or has chosen to explain the K.R.L. set up.� Robert WOMACK owns virtually nothing and the partnership over 5.5 million dollars in real and personal property.� It does not appear that Robert WOMACK has any source of income yet he lives a very lavish lifestyle.� His car payments alone with insurance have been nearly $4,000.00 per month.
Your affiant did not seize tax returns during the search warrant executed at 15864Ridge Road, Sutter Creek on October 30, 1998.� Your affiant did however observe a blank deed form that was already notarized to be among papers in the top drawer of the safe; inadvertently this item was not seized during the search warrant at 15864 Ridge Road.� I also observed a four drawer wooden filing cabinet full of records deemed at the time to be outside the scope of the first warrant because they appeared to contain records for a K.R.L. CORPORATION and/or K.R.L PARTNERSHIP from prior years. Additionally, I am aware that the corporation, from Secretary of State articles of incorporation records, was surrendered to the Franchise Tax Board on February 1, 1988.(See Attachment 21)� Said records appeared to go back as far at the 1980's.� Additional records were observed by me to be housed in a wooden side dresser, but again represented dates possibly outside the scope of the original warrant.� (See Attachments 19and 20)� I am aware that Robert WOMACK/K.R.L. PARTNERSHIP keeps vehicle titles in the safe.
Based on the aforementioned facts I believe that records pertinent to establishing the true controlling interests of K.R.L. PARTNERSHIP may still be housed at 15864 Ridge Road, Sutter Creek, California.
I am aware from bank records seized that Robert R. WOMACK utilizes the Bank of Amador account of K.R.L. PARTNERSHIP (account number 111716914) to pay personal expenditures for services such as hair styling, finger nail treatments, yard maintenance, house cleaning, and car payments (1996 Mercedes, 1998 Lincoln Navigator, 1998 Lincoln Town Car).� Based on my training and experience your affiant knows that Equi-Fax Credit Information Services, P.O. box 105139, Atlanta, Georgia, keeps records of any person who has or had credit cards, loans, credit purchases, and other financial activity of any kind.� I have probable cause to believe that Equi-Fax Credit Information Services will provide me with financial information that will lead me to any and all financial transactions engaged in by Robert R. WOMACK.
Said information could also reveal credit cards that may have been used to purchase gasoline for the 1998 Lincoln Navigator prior to the date (I-16-98) WOMACK claims the vehicle was first operated in California.� I further believe that credit activity may show WOMACK was in California and not have satisfied Board of Equalization requirements for avoidance of California sales tax on said vehicle.� (See Attachment 22)Additionally, said information can help pin point Robert WOMACK'S residency and whereabouts during the time he claimed to be both a resident of California and obtained resident documents in Oregon.
I am aware from Grand Jury transcripts that William A. WOLIN Junior (Bill Jr.),testified Robert WOMACK on more than one occasion, by phone and in person, attempted to dissuade WOLIN from testifying truthfully about the person and vehicle use to transport the underground storage tank removed from 505 Sutter Street.� Said attempts occurred in 1998 according to WOLIN.
I am aware from D.A. Investigator Gary SIMS that during a pre-Grand Jury interview he conducted of Nick HERNANDEZ and from Grand Jury transcripts that Nick HERNANDEZ testified Mark SHERRILL contacted him by phone and in person, one specifically mentioned time was while HERNANDEZ was working in San Jose just before the Grand Jury proceeding began and attempted to dissuade HERNANDEZ in recalling the events surrounding the removal and transportation of the aforementioned underground storage tank.� These phone records will help prove Nick HERNANDEZ'S story related to attempts to dissuade testimony.
I am aware, from telephone records seized, that Robert WOMACK has utilized, at a minimum, the following telephone numbers:209-765-209-765-209-401-209-401-209-401-209-296-209-296-and Sprint Communications Account Number 198879024 at various times since January 1,1995.
District Attorney Investigator Ron HALL has informed me that Robert Roland WOMACK has also utilized the telephone number209-470-at various times since January 1, 1995.
I am aware, from telephone records seized, that Mark SHERRILL has utilized the following telephone numbers:209-610-209-610-209-610-209-610-209-223-209-223-at various times since January 1, 1995.
District Attorney Investigator Ron HALL has informed me that David MASON III has utilized telephone numbers:209-274-209-274- at various times since January 1, 1995.
Review of the partial telephone records seized during the service of the October 30, 1998, search warrant documents numerous telephone calls between the listed telephone numbers utilized by Robert WOMACK, Mark SHERRILL, David MASON III and others involved in the purchase, demolition, tank removal, cover up, tank return, tank lawful disposition.
I believe that review of the requested telephone records is warranted and necessary to further substantiate the conspiracy and other violations of State Law.� Review of the requested telephone records is also necessary to identify additional witnesses in these matters.
I believe that the requested records on telephone numbers: 209-765-209-765-209-610-209-610-209-610-209-610-are available at AT & T Wireless Services, Subpoena Department, 801 N. Point Parkway West Palm Beach, Florida.
I believe that the requested records for telephone numbers: 209-401-209-401-209-401-are available at Air Touch Cellular, 2150 River Plaza Drive, Suite 400, Sacramento, CA.
I believe that the requested records for telephone numbers:209-274-209-274-are available at Pacific Bell Security, Custodian of Records, 2150 Webster Street, Room 735A, Oakland, CA.
I believe that the requested records of Sprint Communications Account number 198879024 are available at Spring, 1520 E. Rochelle Blvd., Irving, Texas
I believe that the requested records for telephone numbers: 209-296-209-296-209-223-209-223-are located at Volcano Communications Group, P.O. Box 1070, Pine Grove, CA.
As this is a continuing investigation, I request that the Court order Pacific Bell Security, Air Touch Cellular, AT&T Wireless Services, Sprint and Volcano Communications Group and/or their employees and agents and any other telephone service providers to keep this Search Warrant confidential and not notify the subscribers of this Search Warrant or its contents until further notification by the court, in order to protect the integrity of this investigation.
I believe telephone records will provide valuable information concerning dates, times, and persons called.� This information will tend to corroborate facts already known.
I believe that Robert R. WOMACK, Mark T. SHERRILL and� David MASON III conspired to unlawfully remove an underground storage tank at 505 Sutter Street, Jackson, California, and that the conspiracy continues to this date.� I further believe that deliberate actions have been taken and are being taken by some of the parties to deter and or stymie the ongoing investigation of evermore-apparent criminal activity.
Therefore, I request the following search warrants be authorized: Bank of Amador, 422 Sutter Street, Jackson, California, including but not limited to: account #111716914,� Wells Fargo Bank, Gold River Branch, 2010 Gold Field Drive, Gold River, California, including but not limited to: account #01482005XX,Bank of America, Jackson Branch, 30 Broadway, Jackson, California, account number unknown. Wells Fargo Bank, 11 Main Street, Jackson, California, 95642, including but not limited to:� account #576047591 Offices of Dennis R. OLMSTEAD, CPA, 9821 Fair Oaks Blvd, Fair Oaks,
California, K.R.L. PARTNERSHIP office and the residence of Robert R. and June WOMACK, 15864 Ridge Road, Sutter Creek, California, Equi-Fax Credit Information Services, Office of Consumer Affairs, Attention:Myra FLORES, P.O. Box 105139, Atlanta, Georgia, 30348,Pacific Bell Security, Custodian of Records, 2150 Webster Street, Rm. 735 A������������ Oakland, California, 94612,Air Touch Cellular, 2150 River Plaza Drive, Suite 400, Sacramento, California95833,AT&T Wireless Services, Subpoena Department, 801 N. Point Parkway, West Palm Beach, Florida, 33407,Sprint, 1520 E. Rochelle Blvd, Irving, Texas, 75039, Attention Legal ��������������Department, Volcano Communications Group, P.O. 1070 Pine Grove, California, 95665,������������� Attention:� Debbie Tilley. REQUEST FOR ORDER TO SEAL THIS AFFIDAVIT UNDER FURTHER ORDER OF THE COURT
I request that the court order this affidavit marked Exhibit "A" and all the corresponding attached Exhibits/Attachments be sealed until further order of this court or another competent court.
The investigation into the illegal activities of Robert WOMACK, Mark SHERRILL and David MASON III is continuing.� I feel that if the information in this affidavit is prematurely revealed that further attempts to gather documentary evidence will be hampered as these items may be destroyed. CONCLUSION I have made all the above statements under penalty of perjury and, as to those statements attributable to others, I believe them to be true.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: 1-11-99
RUSSELL A. MOORE
Signed and dated in my presence this 11 day of� Jan, 1999.
Honorable Judge
It is hereby ordered that this affidavit shall be sealed under further order of the court or some other competent court.
Honorable Judge