For immediate Release
Contact Ron Bamieh (805)340-6683

Today in Los Angeles Superior Court the Honorable Judge Villar de Longoria, in case number BA361189, dismissed an alleged $10 million mortgage fraud case against 5 defendants who were all charged as co-conspirators. The case was initiated out of Ventura County, but was prosecuted by The Attorney General's Office due to the fact that many of the counts were alleged to have occurred in a number of counties throughout the state.

Ron Bamieh represented defendant, Crystal Palomino and Mr. Bamieh filed a motion to dismiss when the prosecutor failed to bring his client to preliminary hearing within 60 days of her arraignment on the complaint. Mr. Bamieh's motion was joined by 4 other co-defendants; two of the co-defendants, Sean and Michael McConville, had their cases previously dismissed which may bar future prosecution. Additionally, the Court released over 2 million dollars of Ms. Palomino and Mr. Sean McConville's money that was being held under a temporary restraining order pursuant to the criminal case. Once the criminal case was dismissed the Court, pursuant to Mr. Bamieh's motion, released the funds subject to the TRO.

A preliminary hearing that was originally scheduled to occur over the next two weeks was vacated, and of course, the trial estimated to last over 2 months will no longer occur.

Mr. Bamieh said: "The prosecutor and the Court decided to set a date for the preliminary hearing over my objection and the other defense lawyers objections. What they failed to realize was that in doing so they exceeded the mandatory time limits set by statute and case law. Any prosecutor should know the rule that you have 60 days to get a case to preliminary hearing, and of course you would expect the Court to be well versed in this rule. I knew of the potential for this violation immediately upon the Court setting the date, and I entered my objection at that time. Then it was a matter of waiting for the days to elapse to file my motion."

"Ms. Palomino is factually innocent, was only charged in my opinion so the Attorney General could seize her community property funds, and the Attorney General's case against her is based on her being married to the man they allege is the mastermind behind this crime, and not based on her actions."

"I am pleased that my client's case is now dismissed without having to bear the expense of further legal proceedings. The other 4 defendants also benefited from the Attorney General's error, but my concern was not them, it was only my client, and it was my pleasure to end an unjust prosecution by pointing out the Attorney General's error. The Attorney General was obviously upset to lose a case in this manner, but as I told her, mistakes happen, unfortunately according to her office's initial press release, this was a 10 million dollar mistake, since those she alleged were responsible for the fraud will also benefit along with my client."