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 June 3, 2007

Rachel Kaldor                         

Dairy Institute of California

1127 11th St. Suite 718

Sacramento, CA 95814

 

Re: ES Plastics / Search Warrant

 This has been a very productive month. On May 1, 2007 while conducting interviews of recyclers in the Los Angeles area to ensure that they had received our certified mail packets detailing the new beverage container laws, CSC identified a plastic recycling company not listed on any of the states resource material or web sites but which had been identified by other recyclers as possibly accepting milk crates. Bill Kroese from Rockview Farms also had photographs and intelligence on this company, identified as ES Plastics located 3810 Fruitland Ave. in Maywood, California, which he shared with us. We began surveillance of ES Plastics on April 28 and quickly determined that Dairy and Coca Cola Crates were being unloaded out of box vans. Due to the distance involved our team could not initially decipher the names of dairies on any of the crates but they did easily identify numerous shrink-wrapped pallets of Coca Cola crates. This was an extremely important finding as the law requires an identifiable victim - in this case Coca-Cola - in order to proceed with prosecution. I immediately contacted Jose Miramontes, Western U.S. Director of Security for Coca-Cola and informed him of our findings. Mr. Miramontes was very cooperative and offered his assistance with the investigation. I then contacted the Maywood Police Department who had initially offered to assist us in obtaining a search warrant for ES Plastics. Unfortunately however, the City of Maywood is very small and their police resources are limited and it wasn’t until May 29 that we were able to obtain their assistance. Because of the amount of time that had passed we were mandated by the courts to renew our observations and confirm that illegal activity was still occurring at ES Plastics. On May 29, our surveillance team observed an enclosed van unloading pallets of Milk and Coca Cola crates inside the yard of ES Plastics. The CSC team immediately returned to the local Magistrate and obtained a search warrant for ES Plastics and for the home of the driver of the box van observed delivering the stolen crates.

 

On May 31, as we were about to serve the search warrant the same box van arrived delivering more Dairy and Coca Cola crates. With the assistance of Sgt. Scott Anderson of the Maywood Police Department we served the search warrant on ES Plastics at 11:30am. The owner of ES Plastics Alejandro (Alex) Bran and the driver of the box van, unidentified at the time, were arrested and booked into jail for multiple felony counts of grand theft, receiving stolen property and possession of stolen property.

 

Description of the Business

 

ES Plastics was not open to the general public and was located in an industrial area. The trucks that would arrive would pull up to solid steel gates that were always closed. There was one small sign recently placed in front of the company identifying it by name. When drivers would arrive they would always call into the company on their cell phone and an employee would open the gates. The property was enclosed in such a manner that you could not see inside the yard from any position. The yard and warehouse sat on ¾ of acre of land with a large aluminum building housing three large grinders and a ban saw for cutting up the plastic that operated 14 hours a day, 7 days a week. 

The owner had over a dozen illegal Hispanics working in the yard and on the grinders. The owner’s daughter, Evelyn Bran 23yrs of age also worked with her father operating the business. Alex stated they purchased this property two years ago. Our records indicate that they own another warehouse in an adjacent city along with their personal residence. The warehouse was inspected and found empty.  

 

Second warehouse – 718 E. 61 St. Los Angeles CA 90001

            Residence – 1419 W. Court Los Angeles CA. 90026

AKA’s Orlando A. Valencia – Orlando Alexander Bran – Orlando V. Bran – Alex Bran

 

Records indicate: Alex Bran started his business in 1995 in Scrap and Waste materials. He has listed his company as NOT open to the public. In 2003 Alex reported a sales volume that reached of $2.5 million.

 

Vehicles

Alex Bran and his wife own three vehicles: 2006 Lexus SUV – 2006 Toyota Truck – 2000 International Tractor with a 40ft trailer - Forklifts, 3 each.

 

Statements

Initially, the owner and his daughter stated that they would only buy crates that had been damaged or broken up. However, after pointing out to them that in the corner of the warehouse a large industrial size band saw was located with stacks of milk crates that had recently been cut into pieces. They decided to change their story. Alex admitted he was aware of the laws governing beverage containers. Both Alex and Evelyn began pointing out the thousand pound boxes that contained Milk Crate remnants. All of the boxes (24 in total) were mixed with Dairy, Coca Cola, Pepsi, and Seven-Up crate remnants. The owner stated that he had recently sold several thousand pound boxes of HDPE to material buyers that did in fact come from crates. Alex Bran said he was selling the HDPE for $0.27 cents per pound and more depending on the market. Alex was asked how long have you been purchasing milk crates. Alex stated as long as he has been in business, four or five years.

The employees were questioned as to why the milk crates were unloaded from the trucks and destroyed so quickly. They said their boss ordered them to always grind up the crates first as soon as they arrive.  This was confirmed by the surveillance team.

  

Stored on the property

Approximately 300 large cardboard boxes, each were containing various types of unknown plastic material. 24 boxes were identified as having Milk, Coca Cola, Pepsi and Seven-up shavings inside them. Over 24 thousand pounds of crates had been ground up into shavings. Only 27 milk crates were found intact along with a pallet of Coca Cola and Seven –Up crates that were in the process of being ground up. Hundreds of plastic pallets and containers were stacked outside in the yard awaiting destruction that were manufactured by Ball Corporation and sold to Pepsi and Coca Cola. Tens of thousands of dollars worth of plastic pallets and containers were found on the property but we were unable to confirm with the owners if in fact the property was stolen from them vs. their vendors.

 

Victims Identified (Partial List)

 

Ball Corporation – Between $50,000 - $75,000 dollars in stolen plastic pallets.

This required the use of three 50 foot trailers. Ball Corp. supplies Pepsi and Coke with plastic pallets and other products. (Contact person – Ryan Brinkman)

 

Pepsi – Thirty large plastic containers (4ft X 4ft) containing plastic Pepsi pallets that had been cut into pieces awaiting the grinder. Each container held approx. 8 to 10 pallets. Estimated loss $40,000 -$50,000.  (Contact person - Chris Brossard)

 

Seven Up – 26 shells located next to grinder however, 7-UP remnants were found in over 20 of the thousand pound boxes that had been ground up. Estimated loss in the thousands of dollars. (Contact person - Pete Szabo)

 

Coca Cola – 50 shells were located however, Coca Cola remnants were found in over 23 of the thousand pound boxes of ground up product. Estimated loss - tens of thousands of dollars.  (Contact  person - Jose Miramontes)

 

Milk Crates - Remnants were found in 24 of the thousand pound boxes. Although, these boxes were mixed with the remnants belonging to several different victims it would be impossible to determine the value that was lost by each victim.  In the interest of justice the 24,000 pounds of mixed material was removed by Coca Cola and stored for court purposes. 27 Milk Crates were found belonging to Dean Foods, United Grocers, Rockview Farms and Santee Dairy’s.

Estimated Loss – based on suspect statements and materials located - tens of thousands of dollars.

 

Second Search Warrant

The truck driver’s residence was located on E. 42nd St. in East Los Angeles. The home consisted of a two bedroom, one bath apartment. No evidence was found. The driver was arrested and booked and the box van was seized and impounded as evidence. (Inside the truck was a stack of pallets belonging to the U.S. Postal Service – Inspector Jarret Arrington was contacted)

  

Summary

In my thirty years of Police service and having served over a thousand search warrants, I have never witnessed or heard of a recover as large as this one. This amount of stolen property required a total of four 50 ft trailers to remove the property seized and it took over 12 hours to complete the job.  I personally believe that this seizure is the largest of its kind in the nation having to do with the theft and destruction of beverage containers by recyclers.

 

 

Media Attention

Once the size of the seizure was identified the Chief of Police of Maywood responded to the scene along with Channel 7 and Channel 4 news. The CSC team was interviewed and we had the opportunity to explain the significants of this seizure and the losses that the Dairy Industry has been experiencing over the years. Both Channels aired the interviews that evening. We were promised that we will be sent a tape of the broadcast. Both news channels expressed interest in the filming of the undercover sting operations.

 

 

CSC wishes to express our appreciation to the below organizations:

CSC will be following up with a letter of appreciation to the Maywood Police Dept. in regards to the incredible amount of work Sgt. Scott Anderson put into this case. Sgt Anderson was the lone officer who helped us in the obtaining of the search warrant and was the only officer on scene for the entire seizure. (Absent the Chiefs news appearance) Normally, a seizure of this size would have required six to ten officers to handle the interviewing, documentation, seizing of property and photographing evidence.

 

Mr. Jose Miramontes (Director of Security for Coca Cola) when consulted with the tactical difficulties that ES Plastics presented, Jose immediately offered the use of his surveillance officers that consisted of retired law enforcement officers from the Los Angeles Sheriffs Department to assist us in this case. Mr. Miramontes involvement was critical in the case as this allowed the surveillance team to obtain intelligence that would not have been revealed otherwise. Mr. Miramontes also responded to the scene and assisted in the identification of property and summoned the necessary number of trucks in order to remove the large loads of stolen property. CSC will forward a letter of appreciation to Mr. McGrath (Corporate Security Director of Coca Cola, Atlanta GA.)

  

Further Investigative Follow-up

During this investigation three other recycle companies have come to our attention that presently are receiving stolen crates and twelve companies were identified as being highly suspected of accepting milk crates. As ES Plastics security procedures prevented the CSC team from conducting a Sting Operation upon them, we are finding that the serious offenders are being exceptional vigilant when it comes to their security. CSC has had to change its methods when confronted with a more sophisticated operation. Presently, we have a commitment from Coca Cola that they will assist us in providing personnel in these covert investigations. This will be on a case by case basis.

 

Photography

CSC photographed and video taped the entire operation and all evidence that was seized. I will make these photos available to all of our dairy security coordinators upon request.

 

What’s the Next Step?

CSC has information that our next targets are even larger and more sophisticated operations. Our plans are to begin surveillance immediately and at the same time continue with our Sting Program in the Los Angeles area.

Eighty San Diego recyclers have been sent our educational material via certified mail and we will begin the interviewing process in two weeks. The Mexican border investigation will be conducted simultaneously.

 

Evidence of Success

This seizure combined with our eleven arrests in Santa Clara County last month while conducting our Sting Operations is definitely a step in the right direction. CSC is finding that the number of recyclers that were not aware of the Beverage Container laws are certainly aware of them now and the percentage of recyclers that previously would accept beverage containers are increasingly less.

 

This document was prepared for the purposes of informing our Dairy Industry of recent developments. It is important that this report is not shared with subjects outside the Dairy Industry as some of the information in this report is confidential.

If you have any questions, please contact me.

 

Respectfully,

 

Chuck Wall

Chief Executive Officer

Creative Security Company Inc.

P.I. 19008 PPO 13822

Office: 408. 295.2600

cwall@creativesecurity.com

www.creativesecurity.com

milkcrates@creativesecurity.com

 

 

 

 

 

 

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