State of Minnesota County of Hennepin

CCT LIST CHARGE STATUTE ONLY MOC GOC

District Court Fourth Judicial District

TS029 X
CTY ATTY FILE NO. CONTROLLING AGENCY CONTROL NO

___________________________________________________________________________________________ 1 609.52

13-1167
COURT CASE NO.

MN0271700

12045512

DATE FILED

Amended
if more than 6 counts (see attached) if Domestic Assault as defined by MS 518B01, sub2a,b

Tab Charge Previously Filed SUMMONS WARRANT ORDER OF DETENTION EXTRADITION

State of Minnesota,
PLAINTIFF, VS. NAME: first, middle, last LADEN HOT DEFENDANT, 714 EAST 84TH STREET BLOOMINGTON, MN 55420

SERIOUS FELONY FELONY GROSS MISDM DWI GROSS MISDM

Date of Birth 8/9/93

MNCIS #: LE#: SILS ID: TRACK ID:

27-CR12-27199 733460 2614281

___________________________________________________________________________________________

COMPLAINT
The Complainant, being duly sworn, makes complaint to the above-named Court and states that there is probable cause to believe that the Defendant committed the following offense(s). The complainant states that the following facts establish PROBABLE CAUSE:

___________________________________________________________________________________________ Your Complainant, Detective Jon Goldenman, is an investigator with the Plymouth Police Department. In that capacity, Complainant has reviewed the evidence and reports of other officers and believes that the facts below constitute probable cause for the charged offense. Siemens Hearing Instruments, Inc. (Siemens) is a company that manufactures hearing aids which are sold in stores, including Costco. Rexton is a division of Siemens and is located in Plymouth, Hennepin County, Minnesota. Siemens is the only company to manufacture hearing aids for three brands: Kirkland Signature (KS), Rexton, and Miracle Ear. Costco had been getting phone calls (usually regarding warranty issues) about purchased hearing aids. When looking up the serial numbers on the hearing aids, Costco realized that they had already been sent back to Siemens and logged as returns. These returned hearing aids are not sold again. Upon asking the customers how they acquired these hearing aids, the customers reported that they had purchased them on EBay. Marian Lesage (the HR manager for Rexton) found out that an EBay user with the user name Johny20122012 (Johny) was selling multiple hearing aids. The hearing aids being sold normally sell for up to $2,000, but Johny was selling them for $150 to $500. Furthermore, Costco purchased five pairs of KS hearings aids from EBay. Costco contacted Christine Sever (Director of Major Accounts for Siemens) and provided her with the serial numbers. Those hearing aids had all been returned to Siemens in July 2012 for credit.
FORM-J REV. 12/95

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After this discovery, Becky Tripp (who handles credit returns for Siemens) reported that she was missing 40 returned hearing aids, chargers, and remotes from her desk. The value of this missing hearing aids, chargers, and remotes is over $40,000. On October 5, 2012, Tom Powers (Siemens Vice President of Compliance) found an EBay seller selling KS, Rexton, and Miracle Ear hearing aids on EBay. This seller was Johny. Powers ordered a pair of hearing aids from Johny. Powers received the hearing aids on October 25. The return address on the hearing aids read Laden Hot, P.O. Box 20043, Mpls, MN 55420. One of the hearing aids had no serial number. The other hearing aids serial number was not in the system, which indicates that the hearing aid was stolen from the production floor. On November 6, 2012, Detective Warren Anderson of the Plymouth Police Department received the response to an administrative subpoena to EBay to identify Johny. The response indicated that Johnys account was set up on September 1, 2012. The contact information associated with the account was Laden Hot, 714 E. 84th St., Bloomington, MN 55420, US, 612-836-9137. Lesage stated that Hot had never worked for Siemens. On November 8, 2012, Complainant contacted the Bloomington Police Department to check for contacts with Hots address. Bloomington Police Department reported that they responded to a theft report at that address in March 2012 for a victim named Thyvuth Lin. Lesage informed Complainant that Lin worked for Siemens for 25 years and had been laid off on August 31, 2012. Officers with the Bloomington and Plymouth Police Departments executed a search warrant on Lin and Hots home on November 9, 2012. Lin and Hot both had large amounts of cash in their respective bedrooms. The officers discovered nine Rexton hearing aid product boxes in a closet between the living room and bedrooms. There were also four boxes which originally held 24 bottles of Corona Beer but now contained numerous hearing aids, batteries, and components. Additional hearing aid products were found in the bottom drawer of a cabinet next to a bed in the main room. On November 13, 2012, Lesage and two other representatives from Siemens examined the products recovered during the execution of the search warrant. Lesage prepared an itemized spreadsheet with all of the stolen products and their respective values for Complainant. The total value of the recovered property was $1,069,275.09. In a Mirandized interview with Lin, Lin admitted to Complainant that he stole the hearing aids and components after learning he was going to be laid off from Siemens. He planned to make a living selling the parts on EBay. Since he knew nothing about computers, Lin had Hot sell the hearing aids on EBay. Lin stated that Hot knew the hearing aids were stolen when he sold them.

Page COMPLAINT SUPPLEMENT

CCT SECTION/Subdivision M.O.C. GOC

OFFENSE COUNT 1: THEFT OVER $5,000 (FELONY) MINN. STAT. 609.52, SUBD. 2(1), SUBD. 3(2); 609.05 PENALTY: 0-10 YEARS AND/OR $20,000 That on or between March 1, 2012 and August 31, 2012 in Hennepin County, Minnesota, LADEN HOT, acting alone or intentionally aiding, advising, hiring, counseling or conspiring with Thyvuth Lin, intentionally and without claim of right, took, used, transferred, concealed or retained possession of property with a value in excess of Five Thousand Dollars ($5,000.00), belonging to Siemens Hearing Instruments, Inc. without consent.

NOTICE: You must appear for every court hearing on this charge. A failure to appear for court on this charge is a criminal offense and may be punished as provided in Minn. Stat. 609.49.

1) 2)

THEREFORE, Complainant requests that said Defendant, subject to bail or conditions of release be: arrested or that other lawful steps be taken to obtain defendants appearance in court; or detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law.
COMPLAINANTS NAME: COMPLAINANTS SIGNATURE:

Jon Goldenman
DATE: Being duly authorized to prosecute the offense(s) charged, I hereby approve this Complaint. PROSECUTING ATTORNEYS SIGNATURE:

ks PROSECUTING ATTORNEY:
NAME/TITLE: ADDRESS/TELEPHONE:

EMERY E ADORADIO (307786) Assistant County Attorney

C2100 Government Center, Minneapolis, MN 55487 Telephone: 612-348-7947

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Court Case # ________________________ This COMPLAINT was subscribed and sworn to before the undersigned this ____ day of __________________, 20___. NAME: SIGNATURE: TITLE:

FINDING OF PROBABLE CAUSE

From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant(s) arrest or other lawful steps be taken to obtain Defendant(s) appearance in Court, or his detention, if already in custody, pending further proceedings. The Defendant(s) is/are thereof charged with the above-stated offense.

SUMMONS
THEREFORE YOU, THE ABOVE-NAMED DEFENDANT(S), ARE HEREBY SUMMONED to appear on the _______ day of ____________________, 20_____ at _______ AM/PM before the above-named court at _______________________________________ _________________________________________________ to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.

WARRANT EXECUTE IN MINNESOTA ONLY

To the sheriff of the above-named county; or other person authorized to execute this WARRANT; I hereby order, in the name of the State of Minnesota, that the above-named Defendant(s) be apprehended and arrested without delay and brought promptly before the above-named Court (if in session, and if not, before a Judge or Judicial Officer of such Court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon thereafter as such Judge or Judicial Officer is available) to be dealt with according to law.

ORDER OF DETENTION
Since the above-named Defendant(s) is already in custody; I hereby order, subject to bail or conditions of release, that the abovenamed Defendant(s) continue to be detained pending further proceedings. Bail: NBR ($ 100,000 if Defendant fails to appear on Summons) Conditions of Release:

This COMPLAINT- SUMMONS duly subscribed and sworn to, is issued by the undersigned Judicial Officer this ____ day of _____________________________, 20____.

____________________________________________________________________________________________ NAME: SIGNATURE TITLE: JUDGE OF DISTRICT COURT

Sworn testimony has been given before the Judicial Officer by the following witnesses: STATE OF MINNESOTA COUNTY OF HENNEPIN Clerk's Signature or File Stamp:

STATE OF MINNESOTA Plaintiff vs. LADEN HOT

RETURN OF SERVICE I hereby Certify and Return that I have served a copy of this COMPLAINT SUMMONS, WARRANT, ORDER OF DETENTION upon Defendant(s) herein-named. Signature of Authorized Service Agent:

Defendant(s).