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SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA

HALL OF JUSTICE

THE PEOPLE OF THE STATE OF CALIFORNIA,

vs.

Plaintiff,

TERRY NORMAN HOUGHTON (05/23/1954),

1232 NORVAL WAY SAN JOSE CA 95125

VALERIE RUNYAN HOUGHTON (06/05/1955),

1232 NORVAL WAY SAN JOSE CA 95125

Defendant(s).

C./0:!:Jd.52IJ

FELONY COMPLAINT CASE SUMMARY

DA NO:

CEN

TNHWARR

160305574

VRHWARR

CASE

SUMMARY

Count

Charge

Charge Range

Defendant

Allegation ·

Alleg. Effect

1

CC25541

2-3-5

Terry Norman

PC12022.6(a)(3)

3 YEARS

 

Houghton

Valerie Runyan

PC12022.6(a)(3) 3 YEARS

Houghton

2

PC484-487(a)

16-2-3

Terry Norman

PC12022.6(a)(3) 3 YEARS

 

Houghton

Valerie Runyan

PC12022.6(a)(3) 3 YEARS

Houghton

3

PC484-487(b)(3) 16-2-3

Terry Norman

PC12022.6(a)(3) 3 YEARS

 

Houghton

Valerie Runyan

PC12022.6(a)(3) 3 YEARS

Houghton

4

PC484-487(a)

16-2-3

TenyNorman

 

Houghton

Valerie Runyan

Houghton

Ptior/Alleg:

Terry Nonnan

Houghton

Valerie Runyan

PC186.ll(a)(l)/( 2-3-5

Houghton

a)(2)

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA HALL OF JUSTICE COMPLAINT FOR ARREST WARRANT(S) VALERIE RUNYAN HOUGHTON EDX453 TERRY NORMAN HOUGHTON EDX452

THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff,

vs.

TERRY NORMAN HOUGHTON (05/23/1954), 1232 NORVAL WAY SAN JOSE CA 95125 VALERIE RUNYAN HOUGHTON (06/05/1955), 1232 NORVAL WAY SAN JOSE CA 95125

Defendant(s).

The undersigned is informed and believes that:

COUNT!

C-/4J3{) 53Lf

FELONY COMPLAINT

DA NO:

CEN

TNHWARR

160305574

VRHWARR

FILF=D

FELONY COMPLAINT DA NO: CEN TNHWARR 160305574 VRHWARR FILF=D On or about and between March 8,

On or about and between March 8, 2011 and December 31, 2013, in the County of Santa Clara, State of

California, the crime of USE OF DEVICE, SCHEME AND ARTIFICE TO DEFRAUD IN THE

OFFER, PURCHASE AND SALE OF A SECURITY, iu violation of CORPORATIONS CODE

SECTION 25541, a Felony, was committed byTERRYNORMANHOUGHTON AND VALERIE

RUNYAN HOUGHTON who did willfully employ, directly and indirectly, a device, scheme, and

artifice to defraud and did willfully engage, directly and indirectly, in an act, practice, and course of

business which would operate and did operate as a fraud and deceit upon a person in connection with the

offer, purchase, and sale of a security, Limited Partnership Interest.

(CJIC-NOPR) It alleged that in the commission and attempted commission of the offense(s) charged

above, the defendant TERRY NORMAN HOUGHTON, with the intent to do so, took, damaged and

destroyed property of a value exceeding one million three hundred thousand dollars ($1,300,000), within

the meaning of Penal Code section 12022.6(a)(3).

It is further alleged that where the amount of the theft or taking exceeds one hundred thousand dollars

($1 00,000), probation shall not be granted except in an unusual case where the interests ofjustice would

best be served, within the meaning of Penal Code section 1203.045.

(CJIC-NOPR) It alleged that in the connnission and attempted commission of the offense(s) charged above, the defendant VALERJE RUNYAN HOUGHTON, with the intent to do so, took, damaged and destroyed property of a value exceeding one million three hundred thousand dollars ($1 ,300,000), within the meaning of Penal Code section 12022.6(a)(3).

It is further alleged that where the amount of the theft or taking exceeds one hundred thousand dollars ($100,000), probation shall not be granted except in an unusual case where the interests ofjustice would best be served, within the meaning of Penal Code section 1203.045.

COUNT2

On or about and between March 8, 2011 and December 31,2013, in the County of Santa Clara, State of California, the crime of GRAND THEFT OF PERSONAL PROPERTY OF A VALUE OVER NINE HUNDRED AND FIFTY DOLLARS, i!l violation of PENAL CODE SECTION 484-487(a), a Felony, was connnitted by TERRY NORMAN HOUGHTON AND VALERIE RUNYAN HOUGHTON who did unlawfully take personal property, $1,435,917.00, of a value exceeding nine hundred and fifty dollars ($950.00), the property of Metaview Wholesale Investments, LP.

(CJIC-NOPR) It alleged that in the commission and attempted commission of the offense(s) charged above, the defendant TERRY NORMAN HOUGHTON, with the intent to do so, took, damaged and destroyed property of a value exceeding one million three hundred thousand dollars ($1,300,000), within the meaning of Penal Code section 12022.6(a)(3).

It is further alleged that where the amount of the theft or taking exceeds one hundred thousand dollars

($1 00,000), probation shall not be

best be served, within the meaning of Penal Code section 1203.045.

granted

except in an unusual

case where the interests of justice would

(CJIC-NOPR) It alleged that in the commission and attempted commission of the offense(s) charged above, the defendant VALERIE RUNYAN HOUGHTON, with the intent to do so, took, damaged and destroyed property of a value exceeding one million three hundred thousand dollars ($1,300,000), within the meaning of Penal Code section 12022.6(a)(3).

It is fmiher alleged that where the amount of the theft or taking exceeds one hundred thousand dollars ($100,000), probation shall not be granted except in an unusual case where the interests of justice would best be served, within the meaning ofPenal Code section 1203.045.

COUNT3

On or about and between March 8, 2011 and December 31, 2013, in the County of Santa Clara, State of Califomia, the crime of GRAND THEFT BY EMPLOYEE, AGENT, OR SERVANT- VALUE EXCEEDING $950, in violation of PENAL CODE SECTION 484-487(b)(3), a Felony, was committed by TERRY NORMAN HOUGHTON AND VALERIE RUNYAN HOUGHTON who did as a servant, agent and employee of Metaview Wholesale Investments, LP unlawfully take from Metaview Wholesale Investments, LP personal property, $1,435,917.00, of a value exceeding nine hundred fifty dollars

($950.00).

(CJIC-NOPR) It alleged that in the commission and attempted commission of the offense(s) charged above, the defendant TERRY NORMAN HOUGHTON, with the intent to do so, took, damaged and destroyed property of a value exceeding one million three hundred thousand dollars ($1 ,300,000), within the meaning of Penal Code section 12022.6(a)(3).

It is further alleged that where the amount of the theft or taking exceeds one hundred thousand dollars ($1 00,000), probation shall not be granted except in an unusual case where the interests of justice would best be served, within the meaning of Penal Code section 1203.045.

(CJIC-NOPR) It alleged that in the commission and attempted commission of the offense(s) charged above, the defendant VALERIE RUNYAN HOUGHTON, with the intent to do so, took, damaged and destroyed property of a value exceeding one million three hundred thousand dollars ($1 ,300,000), within the meaning of Penal Code section 12022.6(a)(3).

It is further alleged that where the amount of the theft or taking exceeds one hundred thousand dollars

($100,000), probation

best be served, within the meaning of Penal Code section 1203.045.

shall not be granted

except in an unusual case where the interests of justice would

COUNT4

On or about and between March 8, 2011 and December 31, 2013, in the County of Santa Clara, State of

California, the crime of GRAND THEFT OF PERSONAL PROPERTY OF A VALUE OVER NINE

HUNDRED AND FIFTY DOLLARS, in violation of PENAL CODE SECTION 484-487(a), a Felony,

was committed by TERRY NORMAN HOUGHTON AND VALERIE RUNYAN HOUGHTON who

did unlawfully take personal propetty, $134,135.00, of a value exceeding nine hundred and fifty dollars

($950.00), the property of Sully and Adrienne McGrath.

AGGRAVATED WHITE COLLAR CRIME ENHANCEMENT It is further alleged that the felony ctimes charged in Counts 1, 2, 3, and 4 are related, that a material

element of the crimes is fraud and embezzlement, that the crimes involve a pattem of related felony

conduct, and that the pattern of related felony conduct by TERRY NORMAN HOUGHTON AND

VALERIE RUNYAN HOUGHTON involves the taking of more than five hundred thousand dollars

($500,000), within the meaning of Penal Code sections 186.ll(a)(l) and (a)(2).

Any defendant, including a juvenile, who is convicted of and pleads guilty and no contest to any felony

offense, including any attempt to commit the offense, charged in this complaint or information is

required to provide buccal swab samples, right thumbprints and a full palm print impression of each

hand, and any blood specimens or other biological samples required pursuant to the DNA and Forensic

Identification Database and Data Bank Act of 1998 and Penal Code section 296, et seq.

Further, attached and incorporated by reference are official reports and documents of a law enforcement

agency which the complainant believes establish probable cause for the arrest of defendant TERRY

NORMAN HOUGHTON, for the above-listed crimes. Wherefore, A WARRANT OF ARREST IS

REQUESTED.

Further, attached and incorporated by reference are official reports and documents of a law enforcement

agency which the complainant believes establish probable cause for the arrest of defendant VALERIE

RUNYAN HOUGHTON, for the above-listed crimes. Wherefore, A WARRANT OF ARREST IS

REQUESTED.

Complainant therefore requests that the defendant(s) be dealt with according to law.

I certify under penalty of perjury that the above is true and correct.

Executed on March 7, 2016, in SANTA CLARA County, California.

on March 7, 2016, in SANTA CLARA County, California. ,-~/ '{(_~ Richard Pong 4K7l (Richard Pong
on March 7, 2016, in SANTA CLARA County, California. ,-~/ '{(_~ Richard Pong 4K7l (Richard Pong

,-~/

'{(_~

Richard Pong 4K7l

(Richard Pong 4K7l)

ODA and DABOI

HUANG/ D492/ FELONY/ CC

BI140507858

County, California. ,-~/ '{(_~ Richard Pong 4K7l (Richard Pong 4K7l) ODA and DABOI HUANG/ D492/ FELONY/

L_SB

PEOPLE VS.

L.K.A.

JUDGE

'

r·iU

REPORTEW""'

DEF. ATTY.

CHARGES

I

HAL.L

190

SAN

OF

( 1 L

JUSTICE

HEDDTJ"',!(~ STF~F

JOSE,

CA

95110

Vt1L.EF~IE f-.(UNY~IN HOUC!HTOI\1

-r,.; /D6r,s

f-.(UNY~IN HOUC!HTOI\1 - r , . ; / D 6 r , s DATE 03/11/t::Ol6 06/05/1955

DATE

03/11/t::Ol6

06/05/1955

CASE NO.

CEN

1,35

Pl·bEPT.

CAN8404276

06/05/1955 CASE NO. CEN 1,35 Pl·bEPT. CAN8404276 23 CD·y Elk::f\1 1E32 NORVAL Sf:)N J(JSF:~ ~ ,.I

23

CD·y

Elk::f\1

1E32

NORVAL

Sf:)N J(JSF:~ ~

,.I

,~"'

''II

'"

c• -.:rr.t-: 1"""1

I

'-·--

Y'\IA

I , .,

CA

'!,

~JY

9:}125

BRO\•!N

F.:-(001 )CC25S.·A·1

F(003)PC484/487CB)(3)

CLERK

T ,

DT!JJELL

EDXLr53 -F-

TW

~JIOL.ATIDi\i Df~TE

HEARING
HEARING

03/08/2011

.

Lf

'1: 0 ()

Reel Dr Rpt 0

03 !

JI

NEXT APPEARANCE

~Defendant Present D Not Present

0

0

0

/7"!-f--'---'--~-~--------::-

.z)Any Present

IDC 0

----t;--,--:;-----'-(1

PTC 0

(1", ~

Prob I Sent

0

FAR! ERG 0 SIB MTC

----;--c;;;;------:~=-

AD~ IDO

Special A

Bond #

c---

0 Sworn

Arr'd c;;(Adv 0"Arr Wav 0 Amend Camp/Info 0

0

PC977 0

0

Arr j2f'Ptea 0

Bail/ OR/ SORP 0

PSet 0 Prelim 0 Readiness 0

Interpreter

Bail Apply 0 Balance Exonerated

Filed 0

On File 0 Reptr. Adv I Wav

NG 0 Entered by CRT 0 NGBRt I Adv

0 Bail Exonerated 0 Forteited

D Denies Priors/ Allegations! Enhancements/Refusal D Further D Jury D CT D Peo I Def Wav Jury

D Reassumption Filed D Forfeiture Set Aside 0

Bail Rein

0 TW I WD 0 TW Sentence

b~JY.( ~

~

0

g

~DQ/100 0 ConDecl 0 AdmA/F

Reliev,lld

J otz£

Appl'd

Hrg on Motion

Granted 0 Denied 0 Submilled 0 Off Cal

Stip to Comm D Drs. Appointed

0

0 APO/ DADS/Prop 36

0

Refd

0 P36 Re-Assm't Status Hrg

Grim Proc Susp 0 Rein 0

0

SORP /OR 0 Revoked 0 Reinstated 0 May Post& Forteit

0 BW Ordered$

$

Costs Wilhin 30 Days to Court

0

Stayed 0 To Issue

0 Doubt Decl Pursuant PC t368

0

No Cite Release/SCIT 0 No Request 0 Cash Only

 

0 Subm on Report 0 Found

0

BW Set Aside 0 Recalled 0

Filed 0

Remain Out 0

NWF

D Max Term ---D

Commitled

0 Proof of~--------------

0

Prelim Wav D Certified to General Jurisdiction D MDA I COM Amended to ------------,;:-:-----r--,:-----,-----.===::-:-::

0

Amended to 0 (M) VCt2500(a) I VC23t03(a) 0 Pur VC23t 03.5 0 DA Stmt Filed ---------101f-1-'t}0''-----tfl(~l-LC£&1lk\cz<<<-j-l-------"0d.!:.PR"O""P'-'.4,_7

PLEA Conditions:

0

Jail/ Prison Term ol

0

D Dismissal/ Striking

None 0 No State Prison 0

PC17 after t Yr Prob D Includes VOP

--':=::--:---:-:--::-:---::::-:-:------::---,---

0

Add to Cal

0 Vacate pending date

D Subm time of Sent D Harvey Stip

0

Adv Max Pen I Parole I Prob /lmmig I Appeal 0 Reg HStt590/PC290/PC457.1/PCt 86.30 0 FSF

0 Fines/Fees 0 PC29800/29805/30305/666NCt4607.8

D

Wav Right to 0 Counsel D Court I Jury Trial 0 Subpoena I Confront I Examine Wilnesses D Self-incrimination D \fo{ritfen Waiver filed D Plea I Absentia filed

0

COP D GUlLTY 0 NOLO CONTENDERE to charges & admits enhancements I allegations I prtors 0 PCt7 0 Arbuckle 0 Factual Basis found 0 Findings staled

D Prop 36 Granted I Unamenable I Refused I Term D DEJ Eligibility Filed 0

DEJ Granted I Rein I Term

fee$

D Guilty Plea Rendered

OWaivesReferral

OAPOFullRpt OCRttOissued

Fines/Fees

Payto: ODOR

OTraffic

ocourt

DToday

DAudil#

0

Sent Suspended

0 PROBATION DENIED

COUNT

$

+ PA $

0 Purs HS11350d

PROBATION 0 Execution D Imposition of sentence suspended for probation period

COUNT

$

+ PA $

0 PC290.3

0

COURT 0 FORMAL PROBATION GRANTED for

Days/Mos/Yrs AIDS I CPP $

 

+ PA $

SORP--::------

0

Report to APO within Days 0 Terminated 0 Upon Release DPF $

+

PA $

EMAT $

D Per!orm

Hrs Volunteer Work as directed PO I SAP 0 in lieu of fine/Jail

 

LAB

$

+ PA $'-:--

 

0

Not drive w/o valid DL & Ins

0 Adv VC23600 0 HTO

0

Re-refer

DRF /RF

$

Add'l

RF $

Susp'd PC1202.44/45

0

MOP 0

FOP

D

12 hrs

D

3 rnos

0

9 mos

Enroll within

days

AEF

$

Original Fine$-,---------

0

DL

Susp/ Restr'd/

Rvk'd for

 

0

liD Not/Ordered/ Rmv'd Term

Yrs

SECA/COPA

$

CTS PC2900.5

$

0

No contact with victim or family I co-dells unless appr by APO D PC1202.05

ICMF

$

TOTAL DUE

$-------

0

DVPO issued I mod /terrn'd Exp

 

0

Victim Present

ICIN

$

Payments Granted I Modified

D

D

No Contact 0 Peaceful Contact

Not own/possess deadly weapons

0 DSA thru APO I

0

Destroy/return

DOR I CRT 0 Filed

weapon

AR

SHELTER

$

$

Mo beginning FINE STAYED

$

,----------

0

Stay away from

 

DV

$

CommiHed @ $

jday

D May Pay Out

D

Submit Search!Tes!ing D EducNoc Trng/Empl D No alcohol I drugs or where sold

ATTY

$

Consec/Conc to---=-:-:-:-:-:-:---

0 Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl I prgm

OPC296(DNA) OPC1202.1 HIVTest/Education

VOP: 0 Wav 0 Arr'd

Prob R~in I Mod I Term'd I Revoked I Remains Revoked I Ext to

0 Ong1nal Terms & Cond1t1ons Except as Amended herem

ASF$25/CPF$t0$

P/INVEST

$

Fine 1Fees 0 Deemed Satislied 0 Commuted

/Mo OWaived 0 Addt'l Fees Waived

SECA, ICMF,ICIN, CJAF, PINVEST, PSUP FEES NOT COND. OF PROS

Resti! D Gen

A

OPISUP$

0 Admits/Denies Viol 0 Court Finds VOP I No VOP

D No Further Penalties I Reviews

CJAF $129.751$259.50 $

0

0

0

d

. ed b

s etem11n

APO/Co

$

Other:

JAIUPRISON 0 See Attachm't Pg D CDCR!Parole collect restit from Del's earnings D Blended Sentence

y

 

to

,.------

urt

D Referred - to VWAC

D Collect CMIIy

County Jail HRS I DAYS I MOS

0

Co-terminous with

FIM

Violation

Prison Term I Yrs

Count

Enhancement I Priors

Yrs I Styd I Strkn

C o u n t Enhancement I Priors Yrs I Styd I Strkn CTS= ACT+ Enhancement

CTS=

ACT+

Enhancement

040t9

I Priors Yrs I Styd I Strkn CTS= ACT+ Enhancement 040t9 OY2 OYs Enhancement OPC2933.1 Enhancement

OY2

OYs

Enhancement

OPC2933.1

CTS= ACT+ Enhancement 040t9 OY2 OYs Enhancement OPC2933.1 Enhancement Enhancement Total Totalterm CDCRIPC1t70h 0

Enhancement

Enhancement Enhancement 040t9 OY2 OYs Enhancement OPC2933.1 Enhancement Total Totalterm CDCRIPC1t70h 0 Straight time 0 In Camp

Total

Totalterm

OPC2933.1 Enhancement Enhancement Total Totalterm CDCRIPC1t70h 0 Straight time 0 In Camp OWWP 0 PC1209

CDCRIPC1t70h

0

Straight time 0 In Camp OWWP 0 PC1209 Fees OWaived OCourt Rec_AII/ Except 0 EMP/PSP/ERP/DRP/Co Parole/NP

D

Sent Deemed Srv'd D Rpt to Parole/Prob wfln

D Adv/ORD

Yrs/Mos Parole/MS/PRCS/Appeal D Consec 0 Cone to

D

Bal CJ Susp D All but

Hrs/Days/Mos DOn Cond Complete Residential Treatment Prgm D Serve Consec MOffU/WEfTH/FR!SA/SU

0

Pre·process

AM/PM

D Stay I Surrender I Transport to

@

AM/PM or Sooner

0

REMANDED-BALL$

0 REMAIN AS SET 0 NO BAIL

0 COMMITIED

RELEASED

0

OR

SORP

0 JAG PHONE ASSM'T 0 P36

0

AS COND OF SORP

0 BALL INCREASED I REDUCED

0 TO PRGM AS REG BY JAG

OCTO ARRANGE TRA

PORT UPON AVAIL BED

0 P36 0 AS COND OF SORP 0 BALL INCREASED I REDUCED 0 TO PRGM AS
0 P36 0 AS COND OF SORP 0 BALL INCREASED I REDUCED 0 TO PRGM AS
">.n.r all of Justice "\l9o W. Hedding Street San Jose, CA 95110 Terraine Courthouse 115

">.n.rall of Justice "\l9o W. Hedding Street San Jose, CA 95110

Terraine Courthouse

115 Terraine Street San Jose, CA 95110

o Palo Alto Court~~-,.

'

, Palo Alto, CA 94306

270 Grant Avenu,

I

o South County Courthouse

301 Diana Avenue

.Morgan Hili, CA 95037

SUPERIQR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA RELEASE ON: SUPERVISED OWN RECOGNIZANCE Section 1318-1320 Penal Code of the Staie. of California

Office ofPretrlal Services sccpretrial.org 2310 N. 1st Street, Suite 104, Sa11 Jose, CA 95131 Pirone (408) 918-7900 · Fax (408) 954-8507

lLeGbLPb? I

THE PEOPLE OF THE STATE OF CALIFORNIA,

vs.

\/41-?Y\-e.,

.

++bvi4h-tzJv1

·

CEN:

CALIFORNIA, vs. \/41-?Y\-e., . ++bvi4h-tzJv1 · C E N : PLAINTIFF, . DOCKET: . . d·

PLAINTIFF,

.

DOCKET:

.

.

t::+

am/pm

D~E~ANT ~~'(7- d /4fd.F7)f?)

~1 fJ,Lf •·. · ~ · atqCl:

3

I, theund~r=~::~endant~?gr:e~a:=~above~:;it~~ourt~/~~

and at all times and places ordered by the judge/magistrate/commissioner. I also agree that, if! fail to report to Pretrial Services as directed below or

otherwise fail to comply with any conditions listed below, this court date may be set earlier than the date listed above. I also understand that a failure to comply with any conditions listed below may result in a revocation of this release order. I further promise not to depart the State of California

without leave of this court or its authorized officer. If I fail to appear and am apprehended outside the State of California, I hereby waive extradition.

I shall~mplywith the following QEJ;ffiR;\L,.cl)!ldi\iO'\' of rf!\a~eas required by the Court:

1. ~CallPretrial Services on Mtsl\) 1\1IC\lC.X) rr at (408) 918-7900 between the hours of 2-4:00 p.m. for officer assignment.

.

D Report in person to Pretrial Services on

Pretrial Services is located at 2310 N 1st Street, Suite 104, San Jose CA 95131.

between the hours of 2-4:00 p.m.

for officer assignment.

2.

Report as required by the Office of Pretrial Senices and pay any supervision fees as ordered by the Court. If !fail to report to Pretrial

Services as directed, I understand that my court date may be set earlier than the court date listed above. I further understand that this release

order may be revoked and a bench warrant may be issued for my arrest ifl fail to appear at the new court date. I understand that Pretrial

Services will use the contact information I have provided to them to notify me of the new court date.

3.

Remain in Santa Clara County unless granted permission to leave by the Office of Pretrial Services.

4.

Report any change of address, telephone, or employment status immediately to the Office of Pretrial Services. I understand that Pretrial Services willl.lse this information to notify me of any change in my court date. Telephone Number:

5.

Not violate any State or Federal laws.

The

defendant is ordered to' comply with the following SPECIAL conditions of release, under the direction of the Office of Pretrial Services,

as ordered by the Court:

D

6.

Not use or possess any illegal drugs/alcohol.

D

7.

Submit to drug/alcohol testing, and pay all fees, at the direction of Pretrial Services.

D

8.

Participate in druglalcohol!psychological counseling at the discretion of Pretrial Services.

D

9.

Permit search and seizure of his/her person, residence, and vehicle by any peace officer without a search warrant.

D

10.

Not operate a motor vehicle without a valid California driver's license and proof of insurance.

D

11.

Not possess any weapons or ammunition while this case is pending.

D

12. Not harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy or damage personal or real property of, disturb the peace, keep under surveillance, or block the movements of the protected person(s):

_

D

13.

Have no contact yourself or through another (except an attorney of record) with the protected person(s) named above except in compliance with any Superior Court orders. You shallnot have any form of contact including, but not limited to, any of the following:

No personal, electronic, telephonic, or written contact with the protected person(s) named above.

~

Reside at

pe

Stay at least three hundred (300) yards away from the protected person(s) named above, their home, vehicle, workplace, school.

unless granted

p>l.

)i

14.

15.

·ssion to live el ewhere by the Court or Pre ·a! Se

.

/-

"

ices. , '20Jl/) . Year ORDER FOR RELEAS • 20\\p . ourt Judge D Commissioner
ices.
, '20Jl/) .
Year
ORDER FOR RELEAS •
20\\p .
ourt Judge
D Commissioner
DENROD-Defendant• YELLOW-Booking

ll r

AnL~tandthat my failure to appear as agreed herein may resnlt in a revocation of this release or~eand an issuance of a bench warrant for

my arrest.

Signed this _u_ day of Date

1\J\ 01rc.,h

Month

The

from custody on his/her own recognizance subject to conditions set forth above.

above-named defendant, having agreed to these release conditions and good cause

I\

day of

tv\ C\ rcY1

Dated this

Pretrial Services Officer:

Distribution: GREEN-Court PINK-

l

5f:"j

,_

HALL.

190

OF

W~

.JUSTICE

HEDDING

STRE

SAN JOSE~

CA

95110

PEOPLE VS.

L.K.A.

TERRY

NORt·iAN

HOt.JGHTUI'-1

1£-?.31:::~ NOf-<Vf~L ~!.f'(

~;{iN

.JDSE,

Cr4

JUDGE

REPORTERL."

DEF. ATTY.

CHARGES

~;{iN .JDSE, Cr4 JUDGE REPORTERL." DEF. ATTY. CHARGES SILL \/ ~ 95125 BRDV.JN FC003)PC484/487<B)(3) CASE NO.

SILL

\/ ~

Cr4 JUDGE REPORTERL." DEF. ATTY. CHARGES SILL \/ ~ 95125 BRDV.JN FC003)PC484/487<B)(3) CASE NO. CEN DATE

95125

BRDV.JN

FC003)PC484/487<B)(3)

CHARGES SILL \/ ~ 95125 BRDV.JN FC003)PC484/487<B)(3) CASE NO. CEN DATE 03/ij./~016 1:35 P~EPT. 05/2:3/1954

CASE NO.

CEN

DATE

03/ij./~016 1:35 P~EPT.

05/2:3/1954

CAE0640092

DV ~

CLERK

HEARING

AGENCY

T"

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NEXTAPPEARANCE-------------,--------------~?r-,--.-~,--.------~=-----~r-~-------

121'Defendant Presrnt D Not Present

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Bond #

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0

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0

APO I DADS/ Prop 36

0

P36 Re-Assm't

0

Grim Proc Susp 0 Rein

0

Status Hrg

0

Doubt Decl Pursuant PC 1368

0

Subm on Report 0 Found

 

0

Max Term

0 Commilled

0

SORP I OR 0 Revoked 0 Reinslaled 0 May Post & Forleit

0

0 No Cite Release/SCIT 0 No Request 0 Cash Only

Recalled 0 Filed 0

0 Proof of-----------------------------

0

$

Costs Wilhin 30 Days to Court

0

Stayed 0

BW Ordered$

BW Set Aside 0

To Issue

Remain Out 0 NWF

Prelim Wav D Certified to General Jurisdiction D MDA I COM Amended to ----------------~~---'+lo---c~---r-----------~-----

Amended to 0 (M) VC12500(a) /VC23103(a) 0 Pur VC23103.5 0 DA Stmt Filed

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0 PROP. 47

PLEA Conditions:

0 None 0 No State Prison 0 PC17 alter 1 Yr Prob 0 Includes VOP ------~-------------------------

0

Jail/ Prison Term of

D Add to Cal

0 Vacate pending date

 

D

Dismissal/ Striking

D Subm time of Sent D Harvey Stip

0

Adv Max Pen I Parole I Prob /lmmig I Appeal 0 Reg HS11590/PC290/PC457.1/PC186.30 0 FSF 0 Fines/Fees 0 PC29800/29805/30305/666NC14607.8

0

Wav Right to D Counsel D Court I Jury Trial D Subpoena I Confront I Examine Witnesses D Self-incrimination D Written Waiver filed D Plea I Absentia filed

0

COP D GUlLTY D NOLO CONTENDERE to charges & admits enhancements I allegations I priors D PC17 D A_rbuckle D Factual Basis found D Findings stated

D

Prop 36 Granted I Unamenable I Refused I Term D DEJ Eligibility Filed D DEJ Granted I Rein I Term

 

Fee$

D Guilty Plea Rendered

0

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0 APO Full Rpt 0 CR110 issued

Fines/Fees

Pay to: 0 DOR

0 Traffic

0 Court

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0 Audit#

 

0 Sent Suspended

 

0 PROBATION DENIED

COUNT

$

+PA $

PROBATION 0 Execulion 0 Imposition of sentence suspended lor probation period

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Days

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DPF

$

+

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0

Pertorm

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LAB

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0

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0 Adv VC23600 0 HTO

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Susp'd PC1202.44/45

0

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days AEF $

Original Fine$

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0

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CTS PC2900.5

$

0

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viclim or family I co-dells unless appr by APO 0 PC1202.05 ICMF $

TOTAL DUE

$

0

DVPO issued I mod /term'd Exp

0 Victim Present

ICIN

$

Payments Granted I Modified

0

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0

DSA thru APO I

DOR I CRT 0 Filed

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$

$

Mo beginning

 

0

Not own/possess deadly weapons

0 Destroy/return weapon

SHELTER

$

FINE STAYED-----------'-----

0

Stay away from

DV

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Commilled @ $

c

}day

0 May Pay Out

0

Submit Searchffesting 0 EducNoc Trng/Empl 0 No alcohol I drugs or where sold

ATIY

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ASF$25/CPF$10$

Fine/ Fees 0 Deemed Satisfied 0 Commuted

OPC296(DNA) OPC1202.1 HIVTest/Education

 

P/INVEST $

OP/SUP$ /Mo OWaived

VOP: 0 Wav 0 Arr'd --

0 Admits/Denies Viol 0 Court Finds VOP I No VOP

Prob Rein I Mod I Term'd I Revoked I Remains Revoked I Ext to

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0 SECA ICMF ICIN CJAF

0 Addt'l Fees Waived PINVEST PSUP FEES NOT COND. OF PROB

$'

Other:

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0

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Original Terms & Conditions Except as Amended herein

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Yrs I Stvd I Strkn

Enhancement Yrs/S Enhancement Enhancement Enhancement Enhancement CTS= ACT+ 04019 OYI 0% OPC2933.1 Total
Enhancement
Yrs/S
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Enhancement
CTS=
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OYI
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Total
Total term
CDCR/PC1170h

0

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0

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0

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Consec 0 Cone to

0

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@

AM/PM or Sooner

0

REMANDED-BAIL $

0 REMAIN AS SET 0 NO BAIL

0 COMMITIED

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0

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0 AS COND OF SORP

0 BAIL INCREASED I REDUCED

0 TO PRGM AS REG BY JAG

OCTO ARRANGE TRAN PORT UPON AVAIL BED

\/Hall of Justice /\ l90 W. Hedding Street San Jose, CA 95110 Terrain~ Courthouse 115

\/Hall of Justice /\ l90 W. Hedding Street San Jose, CA 95110

Terrain~ Courthouse 115 Terraine Street San Jose, CA 95110

o Palo Alto Court'--"··se

270 Grant Aven~. · Palo Alto, CA 94306

o South County Courthouse 301 Diana Avenue Morgan Hill, CA 95037

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA RELEASE ON: SUPERVISED. OWN RECOGNIZANCE Section 1318 ~1320 Penal Code of the State of California

Office ofPretrial Services sccpretrial.org.

2310 N. 1st Street, Suite 104, San Jose, CA 95131

Phone (408) 918-7900

Fax (408) 954-8507

Tiffi PEOPLE OF Tiffi STATE OF CALIFORNIA,

vs.

PLAINTIFF,

· CEN:

DOCKET:

Tiffi STATE OF CALIFORNIA, vs. PLAINTIFF, · CEN: DOCKET: CHARGES: rL,J 2_+ t)-q-' 1 -./ r·hn-1
Tiffi STATE OF CALIFORNIA, vs. PLAINTIFF, · CEN: DOCKET: CHARGES: rL,J 2_+ t)-q-' 1 -./ r·hn-1

CHARGES:

rL,J 2_+

t)-q-' 1 -./

r·hn-1!jhtnfl .

V

c1lCCOl!39l-l

( J

DEFENDANT

·

+I 8/(c.)t~ _,

(2) Pe-d-~414&1

fl.'---~~

I, the undersigned defendant, agree to appearin the above entitled Court on :4>.lk·at CJaYfl am/pm and at all times and places ordered by the judge/magistrate/commissioner. I also agree t at, if! fail to report to Pretrial Services as directed below or otherwise fail to comply with any conditions listed below, this court date may be set earlier than the date listed above. I also understand that a failure

to comply with any conditions listed below may result in a revocation of this release order. I further promise not to depart the State of California

without leave of this court or its authorized officer. Ifl fail to appear and am apprehended outside the State of California, I hereby waive extradition.

I

shall comply with the following GENER4£ conditions of ~efease as required by the Court:

1.

D Call Pretrial Services on Mbi\L 1\-V)tc.h l:r

at (408) 918-7900 between the hom·s of 2-4:00 p.m. for officer assignment.

D Report in person to Pretrial Services on between the hours of 2-4:00 p.m. for officer assignment. Pretrial Services is located at 2310 N 1st Street, Suite 104, San Jose CA 95131.

2.

Report as required by the Office of Pretrial Services and pay any supervision fees as ordered by the Court. If I fail to report to Pretrial Services as directed, I understand that my court date may be set earlier than the court date listed above. I further understand that this release order may be revoked and a bench warrant may be issued for my arrest if! fail to appear at the new court date. I understand that Pretrial

Services will use the contact information I have provided to them to notify me of the new court date.

3.

Remain in Santa Clara County unless granted permission to leave by the Office of Pretrial Services.

4.

Report any change of address, telephone, or employment status immediately to the Office of Pretrial Services. I understand that Pretrial Services will use this information to notify me of any change in my court date. Telephone Number: --------------

5.

Not violate any State or Federal laws.

The defendant is ordered to comply with the following SPECIAL conditions of release, under the direction ofthe Office of Pretrial Services,

as ordered by the Court:

D

6.

Not use or possess any illegal drugs/alcohol.

D

7.

Submit to drug/alcohol testing, and pay all fees, at the direction of Pretrial Services.

D

8.

Participate in drug/alcohol/psychological counseling at the discretion of Pretrial Services.

D

9.

Permit search and seizure of his/her person, residence, and vehicle by any peace officer without a search warrant.

D

10.

Not operate a motor vehicle without a valid California driver's license and proof of insurance.

D

11.

Not possess any weapons or ammunition while this case is pending.

D

12. Not harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy or damage personal orreal property of, disturb the peace, keep under surveillance, or block the movements of the protected person(s):

_

D 13.

A

D

14.

Have no contact yourself or through another (except an attorney of record) with the protected person(s) named above except in compliance with any Superior Court orders. You shall not have any form of contact including, but not limited to, any of the following:

• No personal, electronic, telephonic, or written contact with the protected person(s) narued above.

Stay at least three htindred (300) yards away from the protected person(s) named above, their home, vehicle, workplace, school.

Reside at

permission to live elsewhere by the Court or Pretrial Seryices. Telephone Number:-------------------

unless granted

XI~ 15 . &vre;2t;f{Jff 3 ffW5mfv~tr2fi!Ji:ffin5tletllM9

I understand that my failure to appear as agreed herein may result in a revocation of this release order and an issuance of a bench warrant for

my arrest. Signed this _l_l_dayof Date

"

t\IIV1

A ,

h:;

\"-

·

1

Month

1/o!\p,

9?)2j?J'

Year -------.~-t+-'-.j'-;D~e";f;:-en::-d-:;a::-n::-1:;-,s::-s:;i-g-na-tu;-r-e--------

--------------------------------------------------------------------------------------------------------

ORDER FOR RELEASE

udge Commissioner 'ROD-Defendant• YELLOW-Booki11g
udge
Commissioner
'ROD-Defendant• YELLOW-Booki11g

The

from custody on his/her own recognizance subject to conditions set forth above.

above-named defendant, having agreed to these release conditions and good cause bein

\.:_\

day of

M.:_:

::tl""-'-rc-h_,:

,

:

~'Jollp.

Distribution: GREEN-Court• PINK-

Dated this

Pretrial Services Officer:

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JEFF ROSEN, DISTRICT ATTORNEY BAR NUMBER 163589 Charles Y. Huang

Deputy District Attorney Bar Membership Number 219289

County Government Center, West Wing 70 West Hedding Street, FoUtth Floor San Jose, Califomia 95110

Telephone Number: (408) 792-2525 Facsimile Number: (408) 279-8742

Attorneys for the People

SUPERIOR COURT OF THE STATE OF CALIFORNIA

for the People SUPERIOR COURT OF THE STATE OF CALIFORNIA F\LED MAR - 8 2016 IN

F\LED

MAR -

8 2016

SUPERIOR COURT OF THE STATE OF CALIFORNIA F\LED MAR - 8 2016 IN AND FOR THE

IN AND FOR THE COUNTY OF SANTA CLARA

PEOPLE OF THE STATE OF CALIFORNIA,

)

)

Plaintiff,

)

vs.

)

)

)

)

TERRY NORMAN HOUGHTON

)

(DOB 5/23/54)

)

&

)

)

VALERIE RUNYAN HOUGHTON

)

(DOB 6/5/1955)

)

)

Defendants

)

DOCKET NO.

DA CASE NO. RF-1403-21813

DECLARATION OF

RICHARD FONG

IN SUPPORT OF PETITION FOR

TEMPORARY RESTRAINING

ORDER, l'RELIMINARY

INJUNCTION, AND OTHER

PROTECTIVE RELIEF

PURSUANT

TO PENAL CODE SECTION

186.11(e)(2)

Personally appearing before the Court on March 4, 2016, I, RICHARD FONG, an

Investigator with the Santa Clara County District Attorney's Office, do on oath swear that the

facts expressed in this sworn declaration are true and that based thereon I have probable cause

to believe in this case that aggravated white collar crimes have occurred, within the meaning of

Penal Code section 186.11, and that the amount of restitution and fines established by this

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section exceeds the worth of the assets subject to the temporary restraining order attached

hereto.

DECLARATION

I, Richard Fong, have been employed by the Santa Clara County District Attomey's

Office as a Criminal Investigator II in the County of Santa Clara, California, since June 2012. I

\ill presently assigned to the Real Estate Fraud Unit and prior to the District Attomey' s Office, I

was employed by the San Jose Police Department for approximately twenty-six (26) years as a

peace officer. During my employment with the San Jose Police Department, I worked as a

supervisor in the Financial Crimes I Burglary Unit where I conducted Financial and Property

Crimes investigations. I personally participated in more than fifty (50) Jiaudlforgery, property

theft, and identity theft investigations that involved counterfeit checks, forged checks, forged

documents, and the passing of fraudulent checks.

During my twenty-nine (29) years as a Peace Officer, I have attended the following

courses applicable to investigating and solving crimes including frauds, forgeries, and identity

thefts:

1. Basic Police Academy (22 weeks).

2. San Jose Police Department Night Detective Academy (1 week).

3. Department of Justice, Institute of Criminal Investigation, Identity Theft Investigation Course

(1 week).

4. San Jose Police Depatiment Narcotics Enforcement Academy (3 weeks)

5. University of Las Vegas, Law Enforcement and Criminal Activity (20 hours).

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Additionally, I have participated in more than fifty (50) arrests for frauds and/or passing

fraudulent checks, making of fraudulent checks and identity theft dming the course of my

employment with the San Jose Police Depmtment and Santa Clara County District Attomey's

Office. In these investigations, I have interviewed the arrested parties to elicit infonnation

regarding the methodology in which the crimes were committed and tlu·ough those interviews, I

gained pertinent knowledge as to the mode and manner in which fraudulent documents are made

and used as well as how false impersonation of another is perpetrated.

I have received informal, in-field training, by working with senior officers and

investigators. I have interviewed numerous individuals suspected of fraud/identity theft as to

their motives and methodologies. I have been the affiant in several search warrants and was

present when they were served. In addition, I have participated with the execution of over fifty

(50) search warrants authored by other affiants.

In a felony complaint filed on March 4, 2016, the defendants are charged with felony

violations of the Corporations Code§ 25541 (Securities Fraud), Penal Code§ 484-487(a)

(Grand Theft by False Pretenses); Penal Code§ 484-487(b)(3) (Grand Theft by Agent); Penal

Code§ 186.1l(a)(2) (Aggravated White Collar Crime Enhancement: Loss in Excess of

$500,000); & Penal Code§ 12022.6(a)(3) (Excessive taking, over $1.3 million).

The offenses were committed from January I, 2011 through December 31, 2013. The

crimes involve separate victims within Santa Clara County. The four-year Statute of

Limitations does not begin to run until the discovery (or reasonable discovery) of the offense if

a material element involves fraud or breach of fiduciary obligation as in the instant case.

Califomia Penal Code §803.

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I have been advised by the prosecutor, Deputy District Attomey Charles Huang, that

the allegation pursuant to Penal Code section 186.11 pennits the Court to preserve any asset or

property that is in a defendant's control until the conclusion of the criminal prosecution. Upon

the defendant's conviction of two or more felonies as specified in Section 186.11(a), the Court

may then levy upon these assets to pay restitution and fines imposed pursuant to Section

186.11 (c). In order to preserve the defendant's assets, the Court is statutorily authorized to

issue a temporary restraining order ex-parte upon application of the prosecuting attomey

supported by the swom declaration of a peace officer with personal knowledge of the criminal

investigation. The swom declaration must establish probable cause to believe that (1) the

defendant has committed aggravated white collar crime and (2) the amount of restitution and

fines established by this section exceeds or equals the worth of the assets subject to the

temporary restraining order.

A. PROBABLE CAUSE TO BELIEVE THAT THE DEFENDANTS COMMITTED AGGAVATED WHITE COLLAR CRIME

Summary: I am currently investigating a series of related thefts perpetrated by the

suspects, Terry and Valerie Houghton, who, managed a real estate investment partnership,

Metaview LP. Metaview LLC was designated as general partner for the LP. 80% interest of the

LLC was owned by Terry and Valerie Houghton, the defendants. By his own admission, Terry

Houghton, was the general partner for both Metaview LP and Metaview LLC. He was

responsible for all the day to day management of both entities.

Metaview LP was created in 2008 to take advantage of distressed properties, primary in

Santa Clara County. For the most part, Metaview LP, bought the distressed properties at

foreclosure auctions, rehabilitated them and sold them for a profit.

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Metaview LP, started with approximately six investors and $600,000 as a modest

business. In 2010, Victim, Clyde Berg, invested $2 million in November of2009 and another $1

million in January of 20 II.

According to home sales records and witness statements,

approximately, 20 out of 22 property investments returned a profit. At one point, Metaview LP,

had over $7 million dollars in assets and investments. Since 20 II, Defendant Terry Houghton,

never provided any accounting records, such as profit and losses statements for any propetty

owned by the partnership to the other investors. In 2013, Defendant, Terry Houghton, infonned

the silent partners that the partnership was bankrupt and he suspected the contractor, Mitchell

Development, embezzled all of the partnerships funds.

Based on the investigation conducted by myself, D.A. Investigators, Tom Newland and

Kirk Wilson, as well as, Forensic Accountant, Taver Chong, I leamed that the Defendants Teny

and Valerie Houghton, withdrew money from Metaview LP and put it into Valerie Houghton's

retirement account (Counselors & Consultants) in excess of$500,000 (based on the partnership's

tax retums). The defendants also used the Metaview LP account to pay for their personal

expenses fi·om the Metaview LP's American Express account. The charges included their

daughter's college education expenses at Arizona State and her Porsche car payments along with

vacations around the world and stays at the Ritz Carlton and seat licenses to Levis Stadium,

jewelry & clothing. The expenses from the unauthorized American Express charges total over

$400,000. Additionally, the defendants also deposited the partnerships money directly into their

own bank accounts.

Furthermore, evidence also showed that in several instances, the defendants would

withdraw money from the Metaview LP account and deposit it directly into the LLC account or

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purchased property fiom the pattnerships funds and put the title of the prope1ties into Metaview

LLC.

In addition to embezzling funds Jl-om the Meiaview LP, the defendant also defrauded

Sully & Adrianne McGrath when he violated the anti-compete clause of the partnership

agreement and engaged in another real estate deal known as the Kennedy Road projects.

Kennedy Road was a joint venture between the McGraths' and Houghtons' where they

purchased a piece of property on Kennedy Road in Los Gatos and plam1ed to divide the lot in

two and build 2 new homes. The Houghton's and McGraths took out a loan with Boston Private

Bank for $1.2 million to finance the construction for the project. The Houghtons' withdrew

$160,000 from that loan and deposited approximately $135,000 into their own account without

the knowledge and consent of the McGraths.

B. PROBABLE CAUSE TO BELIEVE THE PROPERTY DESCRIBED BELOW IS UNDER THE POSSESSION & CONTROL OF TERRY AND VALERIE HOUGHTON

In addition to having their names of the defendants and their entities on each of these

accounts, based on my investigation, my review of the other DA investigators investigation,

the forensic accounting repott prepared by Forensic Accountant, Taver Chong, the execution of

search warrants, witness statements, the defendants own admissions, and a review of both

defendant's deposition transcripts, I believe the defendants are in control, or have access to the

accounts and/or properties listed below:

1. Amelican Express Account Number: 3774-724741-81 001 Metaview Wholesale Terry

Houghton, with other cards held

2. Amelican Express Account Number: 3774-724741-8019 (Metaview LP - Sully McGrath

& Juan Macias)

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3. American Express Account Number: 3783-411503-25001 (Counselors & Cnsltnts, Terry Houghton with another card also held by Vale1ie Houghton (3783-411503-26017).

4. American Express Account Number: ending in 3715-564704-21001 Metaview Wholesale LP Terry Houghton, with another card also held by Vale1ie Houghton (3-260 17).

5. American Express Account Number: 3728-292809-85004 Terry Houghton, with cards also held by Valerie Houghton (3728-292809-82019) and Hilary Houghton (378-292809-

81037).

6. Wells Fargo Account Number: 63759772384 (Metaview Wholesale Investments, LP,

Account, which includes Weekend Sweep #3418621888.)

7. WellsFargo Account Number: 2962154973 (Terry Houghton and Valerie R Houghton DBA Terry & Valerie Houghton. WG Projects.)

8. Wells Fargo Account Number: 813 81428 (Terry Houghton and Valerie R Houghton, personal account.)

9. Wells Fargo Account Number: 506077676 (Counselors and Consultants Inc.)

10. First Republic Bank Account Number: 800-0126-8060 (Terry N. Houghton or Adrienne McGrath or Sully McGrath or Valerie R. Houghton.)

11. Wells Fargo Account Number:

3906175538 (Bella Porte)

12. Wells Fargo 6375972376 (Metaview LLC)

13. Citi Credit Card Account Number: 603 532213 847593 8 (Terry Houghton)

14. Wells Fargo Line of Credit Account Number: 6501644186. (Terry & Valerie Houghton)

15. Title to any property held in Houghton Family Trust created 11/28/2006.

16. 1232 Norval Way, San Jose CA, 95125 (Held in the Houghton Family Trust dated

11/28/06)

C. PROBABLE CAUSE TO BELIEVE THAT THE AMOUNT OF

RESTITUTION AND FINES EXCEEDS THE VALUE OF THE ASSETS LISTED HEREIN

The loss of money and value of property resulting from the defendant's acts alleged as

in the criminal complaint is over $1,400,000. Penal Code section 186.11 authorizes imposition

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of a fine for twice the amount of the loss. Thus, the total amount of restitution and fines that

could be awarded is $2,800,000.

Given the passage of time, the likelihood that the defendants have spent much of the

money as evidenced by their credit card spending, it is highly unlikely that the total amount of

money to be recovered through the property to be seized will exceed the total ·amount which

could be imposed in restitution and fines pursuant to Penal Code §186.11: or $2,800,000.

D. THE ASSETS WILL BE DISSIPATED OR SECRETED WITHOUT COURT ACTION

I believe that the above-listed prope1ties are in danger of being dissipated or secreted,

within the meaning of Penal Code section 186.11(e)(2) if it is allowed to be sold to one of the

defendants' confederates, family members, or other persons closely aligned with them. My

belief is based on the fraudulent nature of his operation, the smiousness of the crimes, and the

prison exposure in this case. I further believe that much of the money from the defendants

fraudulent activities have been moved and hidden in secret accounts since much of the money

fi·om the pmtnerships investments have yet to be discovered.

I declare under penalty of pe1jury that the aforementioned infonnation is true and

correct to the best of my knowledge.

Executed in San Jose, California on March

fi ,

2016
2016

D.A. Investigator

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JEFF ROSEN, DISTRICT ATTORNEY BAR NUMBER 163589 Charles Y. Huang, Deputy District Attomey

Bar Membership Number 219289 County Govemment Center, West Wing

70 West Hedding Street, Fourth Floor San Jose, Califomia 95110 Telephone Number: (408) 792-2525

Facsimile Number: (408) 279-8742 Attomeys for the People

F\LED

MAR -

8 2016

(408) 279-8742 Attomeys for the People F\LED MAR - 8 2016 H. YAMASAKI ecutive Officer/Clerk ounty

H. YAMASAKI

ecutive Officer/Clerk

ounty o1 santa Clara

--11~'----:---DEPU1Y

lb:H~

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SANTA CLARA

PEOPLE OF THE STATE OF CALIFORNIA,

vs.

Plaintiff,

TERRY NORMAN HOUGHTON

(DOB 5/23/1954)

&

VALERIE RUNYAN HOUGHTON, (DOB 6/5/1955)

Defendants

)

)

)

)

)

)

)

)

)

)

)

)

)

)

DOCKET NO. Cl &~J-53~

DA CASE NO. RF-1403-21813

PETITION FOR TEMPORARY

RESTRAINING ORDER,

PRELIMINARY INJUNCTION,

AND OTHER PROTECTIVE

RELIF PURSUANT TO PENAL

CODE SECTION 186.11(e)(2)

Comes now the plaintiff, the People of the State of California, by and through its

attorney, Charles Y. Huang, Deputy District Attomey, who respectfully submits the following

Petition For Temporary Restraining Order and Preliminary Injunction and Other Protective

Relief, necessary to prese1ve defendants' property and assets pursuant to Penal Code section

186.11(e)(2).

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Criminal Complaint

In a felony complaint filed on March 4, 2016, the defendant was charged with felony

counts for violations of California Corporations Code 25541

(Securities Fraud), California

Penal Code § 484-487(a) (Grand Theft by False Pretenses); California Penal Code § 484-

487(b)(3) (Grand Theft by Employee); California Penal Code § 186.11(a)(2) (Aggravated

White Collar Crime Enhancement: Loss in Excess of $500,000); California Penal Code §

12022.6(a)(3) (Excessive Taking: over $1.3 million)

The offenses were committed around and between Janumy 1, 2011 through December

31, 2013, involving separate victims within Santa Clara County. The four-year Statute of

Limitations does not commence to run until the discovery or reasonable discovery of the

offense if a material element involves fi"aud or breach of fiduciary obligation as in the instant

case. See California Penal Code §803.

Request For Temporary Restraining Order

Penal Code section 186.11 authorizes the Court to make orders to preserve any asset or

property that is iu a defendant's control until the conclusion of the criminal prosecution. Upon

the defendant's conviction of two or more felonies as specified in Penal Code section 186.11(a),

the Coutt may then levy upon these assets to pay restitution and fines imposed pursuant to Penal

Code section 186.11(c).

Although the Coutt may not issue a preliminary injunction without notice and a hearing,

the Courtis authorized to issue a temporary restraining order ex parte upon application of

the prosecuting attorney supp01ted by the sworn declaration of a peace officer with personal

knowledge of the criminal investigation. (Penal Code section 186.11(g)(l)). The sworn

declaration must establish probable cause to believe that (1) the defendant has committed

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aggravated white collar crime and (2) the amount of restitution and fines established by this

section exceeds or equals the wo1ih of the assets subject to the temporary restraining order. The

declaration may include the hearsay statements of witnesses to establish the necessary facts.

The

temporary restraining order may be issued without notice upon a showing of good cause to the

Court.

(Ibid.)

The declaration of District Attorney Investigator Richard Fong filed with this petition

along with the Forensic Audit Repmi perfonned by Forensic Accountant, Taver Chong, provides

probable cause to believe that the defendants are guilty of the crimes and allegations charged in

the criminal complaint.

According to the declaration of Investigator Fong, and Forensic Account Chong, the loss

resulting to the victims in the complaint is in excess of $1,400,000. Because Penal Code section

186.11 authorizes a fine of up to twice the amount of the loss, the total amount of restitution and

fine that the defendants may be ordered to pay is over $2,800,000. There is probable cause to

believe that the value of the listed assets does not exceed that amount of restitution and fines

permitted by Penal Code section 186.11.

In his declaration, Investigator Fong also articulates his belief that the listed assets will be

secreted or dissipated unless the Court issues the requested temporary restraining order.

Prayer

Based on the climinal complaint, this petition, and the declaration oflnvestigator Fong,

the People of the State of Califomia do hereby request that the Court issue such protective relief

as necessary to preserve the defendants' property and assets. Initially, the People request

immediate issuance of a temporary restraining order containing the following orders:

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A. All persons claiming an interest in the above property must first file a

verified claim with this Coutt stating the nature and amount of their claimed

interest within thitty (30) days from the date of the first publication of the

notice of the petition or within thitty (30) days after receipt of actual notice. A

verified coy of the claim shall be served on the District Attomey at 70 West

Hedding Street, San Jose, Califomia 95110; Attn: Victor Chen.

B. Temporary Restraining Order:

Defendants and their representatives, employees, agents, officers and all other

persons, corporations, or other entities acting in concert or participating with

said defendants are enjoined and restrained from engaging, directly or

indirectly, in any of the follow acts or practices:

• TransfetTing, encumbering, hypothecating,

the above-described property.

or otherwise disposing of

C. It is further ordered that a notice regarding this petition shall be

provided, by personal service or registered mail, to every person who may

have an interest in the property specified in the petition. Additionally, the

notice shall be published for at least three consecutive weeks in a newspaper

of general circulation in the county where the property affected by this order

is located.

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D. The defendants and any other person with an interest in the propetty or

assets specified herein shall show cause why a preliminary injunction

should not issue by filing a vetified claim with the Comt and serving a

verified copy of the claim on the District Attomey (Charles Huang,

Deputy District Attomey) as provided in Penal Code section 186.ll(e)(6).

Request For A Preliminary Injunction

Whether or not the Court issues the requested temporary restraining order, the People

request that the Court issue a preliminary injunction containing the same orders listed above.

The People stand ready to prove at a noticed hearing that the prosecution is likely to prevail on

the merits and that the tisk of the dissipation of the assets outweighs the potential harm to the

defendant and the interested parties.

Dated:

,

2016

Respectfully submitted,

Charles Y. Huang Deputy District Attomey
Charles Y. Huang
Deputy District Attomey

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JEFF ROSEN, DISTRICT ATTORNEY BAR NUMBER 163589 Charles Y. Huang,

Deputy Dish"ict Attorney State Bar Number 219289

County Govemment Center, West Wing 70 West Hedding Street, Fourth Floor San Jose, Califomia 95110

Telephone Number: (408) 792-2525 Facsimile Number: (408) 279-8742

Attomeys for the People

FILED

MAR -

8 2016

,.--f-~.L
,.--f-~.L

blA\nD1Vl'AMASAKI

· e Officer/Clark

CA County of Sonto Ctoro

,:r--DEPUlY

· e Officer/Clark CA County of Sonto Ctoro ,:r--DEPUlY SUPERIOR COURT OF THE STATE OF CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SANTA CLARA

PEOPLE OF THE STATE OF CALIFORNIA,

)

DOCKET NO.(, lltJ3d-~

)

DA CASE NO. RF-1403-21813

Plaintiff,

)

vs.

)

ORDER TO SHOW CAUSE

)

& TEMPORARY RESTRAINING

)

ORDER

)

(PENAL CODE

TERRY NORMAN HOUGHTON

)

SECTION 186.11)

(DOB 5/23/54)

)

&

)

)

VALERIE RUNYAN HOUGHTON

)

(DOB 6/5/1955)

)

)

Defendants

)

ORDER TO SHOW CAUSE & TEMPORARY RESTRAINING ORDER

After considering the attached and incorporated Petition for Temporary Restraining Order

by Deputy District Attomey Charles Huang and the accompanying Declaration of Richard Fong

filed by the Santa Clara County District Attomey pursuant to Penal Code section 186.1l(e)(2),

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the Comt finds that this is a proper case for issuance of a Temporary Restraining Order and

Order to Show Cause.

IT IS THEREFORE ORDERED THAT:

A. Defendants and their representatives, employees, agents, officers and all

other persons, corporations, or other entities acting in concert or

pa1ticipating with said defendants are enjoined and restrained from

engaging, directly or indirectly, in any of the follow acts or practices:

• Transfen·ing, encumbering, hypothecating,

th~prope11y described below:

or otherwise disposing of

1. American Express Account Number:

Terry Houghton, with other cards held

3774-724741-81001 Metaview Wholesale

2. American Express Account Number: 3774-724741-8019 (Metaview LP- Sully

McGrath & Juan Macias)

3. American Express Account Number ending in: 3783-411503-25001 (Counselors & Cnsltnts, Terry Houghton with another card also held by Valerie Houghton

(3783-411503-26017).

4. American Express Account Number: 3715-564704-21001 Metaview Wholesale 1 Terry Houghton, with another card also held by Valerie Houghton (3-26017).

5. American Express Account Number: 3728-292809-85004 Terry Houghton, with

cards also

(3 728-292809-81 037).

held by Valerie Houghton (3 728-292809-820 19) and Hilary Houghton

6. Wells Fargo Account Number: 63759772384 (Metaview Wholesale Investments, LP, Operating Account, which includes Weekend Sweep #3418621888.)

7. WellsFargo Account Number: 2962154973 (Terry Houghton and Valerie R Houghton DBA Terry & Valerie Houghton. WG Projects.)

8. Wells Fargo Account Number: 81381428 (Terry Houghton and Valerie R Houghton, personal account.)

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9. Wells Fargo Account Number: 506077676 (Counselors and Consultants lnc.)

10. First Republic Bank Account Number:

800-0126-8060 (Teny N. Houghton or

Adrienne McGrath or Sully McGrath or Valetie R. Houghton.)

11. Wells Fargo Account:

3906175538 (Bella Porte)

12. Wells Fargo 6375972376 (Metaview LLC)

13. Citi Credit Card Account Number: 6035322138475938 (TetTy Houghton)

14. Wells Fargo Line of Credit Account Number:

Houghton)

6501644186. (Teny & Valerie

15. Title to any property held in Houghton Family Trust created 11/28/2006.

16. 12.32 Norval Way, San Jose CA, 95125 (Held in the Houghton Family Trust dated

11/28/06).

B. The Santa Clara County Office of the District Attorney shall serve notice

by providing a copy of the Order to Show Cause/Temporary Restraining

Order by personal service or registered mail on all persons known to the

District Attorney to have an interest in the propetty specified herein.

C. Additionally, this notice shall be published for at least three consecutive

weeks in a newspaper of general circulation in the county where the

property affected by this order is located.

D. The notice shall state that any interested person may file a verified claim

with the superior comt stating the nature and amount of their claimed

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interest. The notice shall set forth the time within which a claim of

interest in the