Fil-Am accused of fraud, grand theft in California told to pay up or go to jail
CHICAGO, Illinois – A Filipino-American community leader charged with fraud and embezzlement in California was given another chance to come up with the $48,000 restitution if he wants to avoid prison time.
Ben Menor was given the “conditional offer" by Judge Ray Cunningham of the Sta. Clara, California Superior Court, at the scheduled sentencing on Thursday in San Jose, Deputy District Attorney Stephen Lowney said in an e-mail to this reporter.
“Sentencing was continued until September 18, 2008," Lowney added.
When reached for comment, Menor said in an e-mail, “Thank you for your interest in this matter. I have forwarded your request to my attorneys."
Fernando M. Estrada, a resident of San Jose, California, who witnessed the sentencing, said “Mr. Menor appeared smiling after the judge issued the order."
Menor had earlier pleaded “no-contest" to Count 1, a felony – filing false financial statements – that could land him three years in jail or three years probation.
Menor, 57, was ordered to pay restitution on the two remaining two counts - $32,500 (assisted living program) and $16,000 (NaFFAA conference). He was ordered to pay back over half of this amount prior to his sentencing.
He pleaded no contest to the charge that he overstated by 24,000 hours the amount of time he and his agency worked under contract with the city to run the Northside Community Center, a senior housing and community center on North Sixth Street in San Jose. A no contest plea has the same legal effect as a guilty plea, Lowney explained.
The two grand theft felony charges against Menor were dismissed after he agreed to pay restitution totaling $48,000 to the city. He would have faced a maximum of four years, four months in prison if he were convicted on all charges.
Menor, said to be a native of Hawaii of Filipino ancestry, was the executive director of the Filipino American Senior Opportunities Development Council (Fil-Am SODC), a nonprofit group that operates a 92- unit senior housing and community center in San Jose. The same center is being used by Filipinos, Sikhs and Indo-Americans and was considered a model of multicultural cooperation and partnership when it was inaugurated in 2003.
When he was arraigned on Nov. 16, 2006, Menor pleaded innocence on an indictment returned by the Santa Clara County Grand Jury. The indictment charges Ben Menor of 3056 Knights Bridge Rd., San Jose with one felony count of false statement of operations and two felony counts of grand theft/embezzlement. Menor self-surrendered on November 15, 2006 and was released on $30,000 bail.
For years, the center received grants through the City of San Jose Parks, Recreation, and Neighborhood Services Department (PRNS). Count one of the indictment alleges Menor, as part of the grant process, submitted to PRNS a fraudulently exaggerated report of his organization’s service hours.
Count two of the indictment alleges that Menor embezzled thousands of dollars from the center between May 16, 2003 and June 25, 2004 when he paid a center employee with center funds to provide full time in-home elder care to his own parents who were living in Menor’s home.
Count three alleges that Menor embezzled thousands of dollars from organizations, which granted funds to the center to fund services to elderly Filipino-Americans. Menor used over $14,000 of these funds to pay expenses related to a conference he hosted. Menor was chair of the Fifth National Federation of Filipino American Association National Empowerment Conference in San Jose in 2002.
In the civil case, the City of San Jose City asked the Superior Court of California in Santa Clara County, monetary damage of at least “$219,414, plus interest" from Menor and “100 other Does" and asked them to pay “treble damages," “civil penalties of up to $10,000 for each false claim," “legally recoverable interest," “punitive and exemplary damages," “damages for time and money properly expended in pursuit of the converted property," other costs, including “attorney’s fees."
Included in this amount is the $30,000 SBC grant that was to be donated to the Fil-Am SODC but was instead used in 2002 national and First Global Convention of the National
Ben Menor was given the “conditional offer" by Judge Ray Cunningham of the Sta. Clara, California Superior Court, at the scheduled sentencing on Thursday in San Jose, Deputy District Attorney Stephen Lowney said in an e-mail to this reporter.
“Sentencing was continued until September 18, 2008," Lowney added.
When reached for comment, Menor said in an e-mail, “Thank you for your interest in this matter. I have forwarded your request to my attorneys."
Fernando M. Estrada, a resident of San Jose, California, who witnessed the sentencing, said “Mr. Menor appeared smiling after the judge issued the order."
Menor had earlier pleaded “no-contest" to Count 1, a felony – filing false financial statements – that could land him three years in jail or three years probation.
Menor, 57, was ordered to pay restitution on the two remaining two counts - $32,500 (assisted living program) and $16,000 (NaFFAA conference). He was ordered to pay back over half of this amount prior to his sentencing.
He pleaded no contest to the charge that he overstated by 24,000 hours the amount of time he and his agency worked under contract with the city to run the Northside Community Center, a senior housing and community center on North Sixth Street in San Jose. A no contest plea has the same legal effect as a guilty plea, Lowney explained.
The two grand theft felony charges against Menor were dismissed after he agreed to pay restitution totaling $48,000 to the city. He would have faced a maximum of four years, four months in prison if he were convicted on all charges.
Menor, said to be a native of Hawaii of Filipino ancestry, was the executive director of the Filipino American Senior Opportunities Development Council (Fil-Am SODC), a nonprofit group that operates a 92- unit senior housing and community center in San Jose. The same center is being used by Filipinos, Sikhs and Indo-Americans and was considered a model of multicultural cooperation and partnership when it was inaugurated in 2003.
When he was arraigned on Nov. 16, 2006, Menor pleaded innocence on an indictment returned by the Santa Clara County Grand Jury. The indictment charges Ben Menor of 3056 Knights Bridge Rd., San Jose with one felony count of false statement of operations and two felony counts of grand theft/embezzlement. Menor self-surrendered on November 15, 2006 and was released on $30,000 bail.
For years, the center received grants through the City of San Jose Parks, Recreation, and Neighborhood Services Department (PRNS). Count one of the indictment alleges Menor, as part of the grant process, submitted to PRNS a fraudulently exaggerated report of his organization’s service hours.
Count two of the indictment alleges that Menor embezzled thousands of dollars from the center between May 16, 2003 and June 25, 2004 when he paid a center employee with center funds to provide full time in-home elder care to his own parents who were living in Menor’s home.
Count three alleges that Menor embezzled thousands of dollars from organizations, which granted funds to the center to fund services to elderly Filipino-Americans. Menor used over $14,000 of these funds to pay expenses related to a conference he hosted. Menor was chair of the Fifth National Federation of Filipino American Association National Empowerment Conference in San Jose in 2002.
In the civil case, the City of San Jose City asked the Superior Court of California in Santa Clara County, monetary damage of at least “$219,414, plus interest" from Menor and “100 other Does" and asked them to pay “treble damages," “civil penalties of up to $10,000 for each false claim," “legally recoverable interest," “punitive and exemplary damages," “damages for time and money properly expended in pursuit of the converted property," other costs, including “attorney’s fees."
Included in this amount is the $30,000 SBC grant that was to be donated to the Fil-Am SODC but was instead used in 2002 national and First Global Convention of the National
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