DEFENDANT FACES ADDITIONAL CHARGES FOR ATTEMPTING TO TAKE RESTITUTION MONEY FROM VICTIMS

Posted by National Alliance for Fair Contracting on

*Defendant was also previously charged for conspiring to underpay employees on public works projects

Case # 16CF0632, 15CF1672

Date: March 14, 2016

SANTA ANA, Calif. – A defendant faces additional charges for attempting to take restitution money from victims in another open case. No Sung Pak, 75, Hollywood, is charged with two felony counts of attempted taking and receiving a portion of a worker’s wage on a public work, and a sentencing enhancement for crime-bail-crime. If convicted, he faces a maximum sentence of three years and 10 months in state prison for these charges. He was arraigned Friday, March 11, 2016, and is out of custody on $25,000 bail. He is scheduled for a pre-trial hearing May 26, 2016, at 8:30 a.m. in Department C-55, Central Justice Center, Santa Ana.

Pak and co-defendants Michael John Ferrin, 40, San Pedro, and Scott Sung Yang, 45, Los Angeles, are also each charged with five felony counts of taking and receiving a portion of a worker’s wage on public works and one felony count of recording a false forged instrument. Pak is additionally charged with 29 felony counts of willful failure to pay tax, two felony counts of misrepresenting facts to State Compensation Insurance Fund (SCIF), two felony counts of misrepresenting facts to workers’ compensation insurance company. If convicted, Pak faces a maximum sentence of 27 years and four months in state prison for these charges, and Ferrin and Yang each face a maximum sentence of five years and four months in state prison. Ferrin and Yang are out of custody on $50,000 bail. They are scheduled to be arraigned on May 26, 2016, at 8:30 a.m. in Department C-55, Central Justice Center.

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California Public Works Contractors Must Register With State by March 2015

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The California Legislature imposed a new registration requirement for contractors and subcontractors involved in public works projects. Senate Bill 854, passed in June, created a registration program, which went into effect on  July 1, to fund the Department of Industrial Relations’ monitoring and enforcement of prevailing wage laws.

The registration period is open now, and contractors and subcontractors wishing to work on a public works project must be registered by March 1, 2015. For public agencies/awarding bodies, the new law requires that all public works projects with bids submitted after March 1, 2015, or awarded on or after April 1, 2015, use only registered contractors and subcontractors. The bill also requires public agencies to include notice of the registration requirement in their bid invitations and bid documents.

Public agencies must additionally file notice of their public works projects with DIR using DIR form PWC-100 (contract award notice) for all public works projects. This requirement previously applied to about 90 percent of all projects.

Contractor and subcontractor registration is completed through an online application and requires a non-refundable $300 fee to be paid by the contractors and subcontractors. Contractors must pay an annual renewal fee by July 1 of each year. The registration form is located on the DIR’s website.

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