California’s Underground Economy Failure to Provide Workman’s Comp - Failure to Obtain Work Authorizations and Probable Tax Evasion/Fraud – Cash Pay A significant amount of the information that I will provide to you on the subject of how Robert chooses to business…Comes from court documents, legal documents and/or a simple Google search. Example: CA Contractor’s License and Internet Advertising. As a result…730 Evaluator Diana Herrington and Commissioner Olson had the same access and/or ability to see Robert’s fraud and deceptive behavior as we did. They simply chose to look the other way. Timothy Ewanyshyn questions 730 Evaluator Diana Herrington at the May 21st 2013 trial…I quote: “What does Mr. Ontiveros do for a living?” Answer…I quote: “He is a painter, house painter.” Question…I quote: “And do you know how long he has been a house painter?” Answer…I quote: “He stated 16 years”. Question…I quote: “Did he tell you that he has two employees”? Answer…I quote: “Yes”. Question…I quote: “Well let me tell you - - does it concern you if I inform you that there was testimony yesterday in which Mr. Ontiveros admitted that he has only been licensed as a contractor since 2005, not since 1993 or 1995?” 730 Evaluator – Diana Herrington Answers…I quote: I mean I would like people just to say, you know, I was a contractor from this date to this date, I did it, but sometimes people just talk to me about their employment, so I am kind of, like, not horrified, but it would have been nice to have been told “I had my license at this point and not at this.” Timothy Ewanyshyn’s Question…I quote: “Is there a clinical definition for a person who tells different stories to different people to manipulate them”? Diana Herrington’s Answer…I quote: “Well, the word manipulative is a psychological term”. “That’s what - - I wouldn’t go any farther.” Question…I quote: “Is it fair to say that stability is a big concern for you in this case?” Answer…I quote: “Yes”. “It is”. “I stated that”. “Yes”. Robert’s Attorney – Frederic Wieder states at the May 21st, 2013 trial…I quote: “I do know I recall his testimony was he had painted houses for a period of time before he was licensed”. “He got permits from the city”. Commissioner Gregory Olson responds…I quote: “Because he was painting with a permit and then he got a contractor’s license”. Mr. Wieder responds…I quote: “Correct”. Commissioner Gregory Olson responds…I quote: “Which is different than being a painter with a permit, and for a period of time, he was painting under that permit until he got his contractor’s license.” Mr. Wieder responds… I quote: “Correct”. Robert’s professional life is only one of the many areas that he perjured himself (lied) throughout all court documents from 2010 to date. The biggest percentage of his deceptive statements were discussed during the course of the trial. See ample more on perjury throughout all documents. Ms. Herrington said it “would have been nice to have been told” the true facts but she was “not horrified” by Robert’s deception (lies) regarding his professional life. Commissioner Olson must have not been horrified either. He didn’t address any of Robert’s lies in July’s final ruling. Nothing. Verbally or written. As a result…We can only assume that he doesn’t deem perjury in his court room as a crime nor does he deem habitual lying as a moral issue in respect to the best interest of the child. I repeat…They both chose to look the other way. We on the other hand…Have made the decision to no longer look the other way. We are regretful that we waited this long. For many years we (as a family) have believed that Robert Ontiveros intentionally chose to do business and live his day to day life in an unethical and corrupt manner. After trial we were confident in our beliefs. His sense of entitlement has been recognized by us over and over again…To have no boundaries. He crossed the boundary with Jeri (and all of Dulcie’s family) on August 20th of this year. This day was significant because it was Dulcie’s 40th birthday, the day Robert called the Madison County (IL) sheriff because he didn’t get his way and most importantly…The day he stole a precious moment in time away from a terminally ill mother and her daughter. (Jeri’s daughter and granddaughter). Please read document on Dulcie’s Cancer & Co-Parenting for full story. Jeri…With the help and support of our entire family will continue to hold Robert accountable for all fraudulent behavior from that day forward. Our first step on a professional level…Was to notify the California State Contractor’s Board of the facts before us. If any of you would like to contact the board with the facts before you… I do believe that it could help our cause, provide a level playing field for all law abiding (CA) contractors and protect innocent consumers. All that should be needed is Robert’s contradictory information and/or statements off of the CA Contractor’s Board site and all internet advertising. “See following pages for pertinent information. Our Story… Robert introduced himself to our family at a wedding reception held at Dulcie’s Parent’s home in La Quinta CA on December 17th 2004. He was an acquaintance of the groom. That night (and others) he boastfully talked to Dulcie and her parents about the success of his painting business “Ontiveros Painting” and how jobs were plentiful and easy to come by. Claims he contracted jobs in LA, Orange County, out of state and throughout the Coachella Valley. No job was too big or too small. Note: We later learned that Robert was not issued a license to lawfully contract work in California (Contractor’s License) until 03/02/2005…Three months after that evening. He said that the lucrative economic times had allowed him to pay cash for two corvettes. One was bright canary yellow and the other bright red. He also owned a BMW, Ford Expedition and two work vans at the time. Vacations to Hawaii, Las Vegas etc… In addition to the acquisition of vehicles he planned on acquiring a variety of businesses and investment rental properties. These businesses and properties would be in LA and throughout the Coachella Valley. He would hire a quality team of people to manage these businesses for him. Retirement would be no later than the age of 50. Preferably sooner… A life of ease to follow. Robert did purchase two additional homes in the course of the next two to three years. From their original acquisition to date…Our due diligence indicates that a lot of creative financing was required. Many people used home equity loans for the means to achieve instant gratification during high economic times. Robert included. He moved his primary residence (from Chicory) to the home on Cactus Drive shortly after Dulcie and their newborn daughter moved from his home. Within a short period of time…His 2nd wife Christine Hernandez moved back in (See document under Immigration/Marriage Fraud). Cactus is where he remains to date with his 3rd wife Ana Laura Hernandez. The Chicory residence and the Royal Palms residence were used as a rentals until the bank foreclosed and took possession of the Royal Palms residence in 2010. In 2008/2009…He started/operated a children’s leather shoe business in downtown LA with his fiancée (now current wife) Ana Laura Hernandez Lozoya…A foreign national. The business was called “Kidz (or Kids) Kingdom”. His wife/partner is from Leon Mexico which is an area known for its leather goods. It appears by the following that she did the buying/importing. “El Titular de la marca KK KIDS KINGDOM es: Ana Laura Hernandez Lozoya To our knowledge…A foreign national is not authorized to work and/or operate a business in the United States without the appropriate visa to do so. There is no indication that Ana Laura was approved for this type of visa. The leather goods business failed for Robert and Ana Laura. Boxes of shoes & misc. items piled high in Robert’s garage for many years. We have never condoned Robert’s sense of entitlement and/or behavior but up until now we have tried very hard to convince ourselves that it was his business and his problem. Again…We regret doing so. We have been witness to the harmful effects of Robert’s never ending lies, deception and heartless behavior since the day we met him. Dulcie has personally felt the pain of his sociopathic behavior since early on in their relationship. Now more than ever. Not only does Robert’s ongoing lies and deceptive behavior affect people on a personal level…But they affect others on a business level as well. We believe that he steals with no remorse from other contractors, his employees and all other law abiding taxpayers on a daily basis. He openly admits in a multitude of documents that he has been blatantly dishonest with his business dealings for the last “20 years”. Again…With no apparent remorse or fear of retribution. We believe that Robert and/or Ontiveros Painting is part of California’s “Underground Economy”. Definition of Underground Economy ca.gov/ Underground economy is a term that refers to those individuals and businesses that deal in cash and/or use other schemes to conceal their activities and their true tax liability from government licensing, regulatory, and taxing agencies. Underground economy is also referred to as tax evasion, tax fraud, cash pay, tax gap, payments under-the-table, and off-the-books. The following request for discovery was to demonstrate the lack of ethics & morality (that we believe) is throughout Robert’s everyday life. The relevant employer/employee question in this document is as follows: Superior Court of the State of California, County of Riverside – Dulcie’s Demand for Production and Inspection of Documents and Other Tangible Things (Dated November 26th, 2012) Documents to be produced #5: “A copy of the work authorizations for any of YOUR employees requiring work authorizations from 2000 to the present”. Superior Court of the State of California, County of Riverside – Supplemental Responses to Demand for Production of Documents (Dated 4/9/2013) Robert’s Response (under the penalty of perjury) I quote… Question #5: “All workers were day laborers and my brother, no documents ever existed and workers were paid cash”. Failure to Provide All Employees Workman’s Compensation Insurance (“1993” to Present) Records with the California Contractor’s Board indicate that since receiving his contractor’s license in 2005…Robert has filed exemption forms (on two different occasions) that certifies him as a “sole proprietor” with “no employees at this time”. “Exempt from having workman’s compensation insurance” as a result. The most recent and/or updated filing with the board was on 03/27/2013 (See California’s State Licensing Board – Ontiveros Painting License #855267) Yet...He entirely contradicts (and implicates) himself 23 days later (4/19/2013) by stating/admitting in court documents under the penalty of perjury that since “2000 to present” he employs “day laborers & my brother”… (Marlon Ontiveros) without the proper work authorizations. He further states/admits that “workers were paid cash”. In addition to the court documents…He openly states/admits in a multitude of internet advertising that Ontiveros Painting is “family owned & operated since 1993”. The ads also advertise… Ontiveros Painting Team” & “Time in Business: 20 years”. Testimonials on one site not only recognize Robert…But they recognize “his team” and his brother “Marlon” as well. By his own admission…Robert Ontiveros…Clearly has not in the past nor in the present worked alone. Apparently…He doesn’t plan on working alone in the future as well. “There is no job too big” (ocwpainting) We asked ourselves after reviewing Robert’s statements & advertising…Are day laborers and family members considered to be employees? The answer to our question is…Yes. Does the State of California require that all employees be covered by Workman’s Compensation Insurance? Yes. It is the law. It is also the law that you must withhold, report, and pay over income, social security and Medicare for all employees. Whether they be family members or day laborers. California Labor Code Section 3700 states…Every California employer using employee labor, including family members, must purchase Workers’ Compensation Insurance. The IRS - Casual Laborer - Federal tax law does not contain any special provision for a “casual Laborer.” There is no “grace period” or minimum amount before withholding of employment taxes applies; you must withhold with the first dollar earned by the worker. If, for example, you hire a student to clean up the town dump or a day laborer to cut trees, under conditions of common-law employment, that worker is an employee and you must withhold, report, and pay over income, social security and Medicare. Department of Consumer Affairs California Contractors State Licensing Board License Number 855267 Extract Date 11/9/2013 Business Information ONTIVEROS PAINTING Business Phone Number: (760) 779-8659 72-435 CACTUS DRIVE PALM DESERT, CA 92260 Entity Sole Ownership Issue Date 03/02/2005 Expire Date 03/31/2015 License Status ACTIVE This license is current and active. All information below should be reviewed. Classifications Class Description C33 PAINTING AND DECORATING Bonding Contractors Bond This license filed a Contractors Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC6065419 Bond Amount: $12,500 Effective Date: 03/02/2009 Contractors Bond History Workers Compensation WORKERS COMPENSATION This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Effective Date: 03/27/2013 Expire Date: None Workers Compensation History 855267 Extract Date 11/9/2013 Business Information Entity Issue Date Expire Date Contractors License Detail (Personnel List) Contractor License #: 855267 Contractor Name: ONTIVEROS PAINTING Click on the persons name to see a more detailed page of information on that person Name Title Association Date Disassociation Date Class More Class ROBERT ONTIVEROS SOLE OWNER 03/02/2005 C33 Internet Advertising for Ontiveros Painting ocwpainting About Us Page “Family owned and operated since 1993” “We have the references to prove our word and efficiency” Testimonial Page “Robert and his team” “Robert and Marlon Ontiveros” “Thank you Robert and Marlon” angieslist/companylist/us/ca/palm-desert/ontiveros-painting-reviews-6227614.htm “Family owned & operated since 1993” “In Business since 1993” linkedin/pub/robert-ontiveros/1a/a41/920 “Family owned and operated since 1993” Owner: “June 1993 – Present (20 years 3 months)” Commercial & Residential Painting Ontiveros Painting “June 1993 – Present (20 years 3 months)” buildzoom/contractor/ontiveros-painting “Ontiveros Painting Team” “Time in Business: 20 years” Noncompliance with Any or All State & Federal Tax Laws Robert’s 2008 and 2009 Income Tax returns were furnished for discovery as a result of a court order to start paying child support when his daughter was almost 5 years old. Up until it was court ordered he refused to pay. Robert’s position (according to Dulcie and Jeri)… “No court or judge is ever going to tell me what to do or how to raise my daughter”. The following information for Ontiveros Painting was retrieved from these documents. Department of the Treasury – Internal Revenue Service 2008 Schedule C (Form 1040) Ontiveros Painting – Profit or Loss for Business Line Items… “Contract labor”, “wages” and “employee benefits” All state I quote: “$0.00” 2009 Schedule C (Form 1040) Ontiveros Painting - Profit or Loss from Business Line Items... “Contract labor”, “wages” and “employee benefits” All state I quote: “$0.00” Tax Preparer: Luis E. Perez L & L Perfect Balance; Palm Desert, CA (760) 773-4063 The Labor Enforcement Task Force (LEFT) states…What is the Underground Economy? - The term “underground economy” refers to any business who deals in cash and/or uses other schemes to cover up its true tax liability from government licensing, regulatory, and taxing agencies. Common “underground economy” practices include: Tax evasion Tax fraud Cash pay Tax gaps Wage theft Payments under-the-table, and off-the-books California Employment Development Department - Wages are all compensation for an employee’s personal services, whether paid by check or cash. Payments are considered wages even if the employee is: a casual worker, a day or contract laborer. The IRS - Casual Laborer - Federal tax law does not contain any special provision for a “casual Laborer.” There is no “grace period” or minimum amount before withholding of employment taxes applies; you must withhold with the first dollar earned by the worker. If, for example, you hire a student to clean up the town dump or a day laborer to cut trees, under conditions of common-law employment, that worker is an employee and you must withhold, report, and pay over income, social security and Medicare. Failure to Obtain (I-9) Work Authorizations for All Employees - Probable Hiring of Illegal Aliens Question #5…“A copy of the work authorizations for any of YOUR employees requiring work authorizations from 2000 to the present”. Robert’s Response (under the penalty of perjury) to question # 5…“All my workers were day laborers and my brother, no documents ever existed and workers were paid cash”. Immigration Reform & Control Act (IRCA) In 1986, the U.S. Congress passed the Immigration Reform and Control Act (IRCA) and enacted the I-9 employment verification requirement. IRCA was designed to discourage employment of illegal immigrants and thereby discourage illegal immigration into the United States. Specifically, the I-9 Form is used to verify both the identity of all employees hired after November 6, 1986 and their eligibility to work in the United States. Employers must comply with the I-9 requirements every time they hire an employee (defined as “any person who performs labor or services in return for wages or other remuneration”). Failure to comply with the I-9 requirements can subject employers to a variety of different civil penalties (such as monetary fines), and in some cases, criminal penalties. Hiring of Illegal Aliens – Encouraging and Harboring of Illegal Aliens Unlawful Status & Probable Immigration Fraud - Marlon Ontiveros (Tenorio) As told by Dulcie and her Mother (Jeri)…I quote: One evening during a family dinner at Dulcie’s parent’s home (in La Quinta) they were discussing a friend’s wedding back in IL. Dulcie’s daughter announced “Uncle Marlon got married too”. Grandma Jeri said, “Oh how wonderful…Uncle Marlon and Julie got married”? Her granddaughter responded, “No…It was some other lady.” Grandma Jeri asked, “What happened to Julie?” Her granddaughter’s response, “She still lives with Uncle Marlon.” (Or words to that affect) Early 2011 Julie Belinx (Marlon Ontiveros’ long time/live in girlfriend from Belgium) contacted Dulcie. She said that she was upset and just needed to talk. Apparently Marlon (Robert’s brother) had married a U.S. citizen woman in hopes of obtaining a green card. The woman he married is the daughter of Christine Hernandez. Robert’s (now ex) wife and sponsor for his green card. Chandra Ramirez is Robert’s (ex) step daughter and Marlon Ontiveros’s (ex) niece. Based on the contact date (from Julie)…Dulcie assumed that the marriage of convenience took place sometime late 2010/early 2011. As you can see fraud and deception are interwoven in and around Robert and his family. Unfortunately… This time Robert (and his family) included the child. Marlon had told Dulcie and her parents that he came from Mexico (when he was a teenager) to live/work with his brother (Robert) in Palm Desert, CA. He is now somewhere in his late 20’s. We always felt that there was a high probability that he was not in the United States with the proper authority to do so. The reasons…Every time that Robert returned to Mexico for family events/visits throughout the years…Marlon remained behind. He had an out of state (Oregon) Driver’s License and never worked for anyone other than his brother and restaurants. Julie’s statements confirmed our belief. Marlon & Julie have lived together in LA for approximately the last 5 years. I repeat…Marlon has worked with/for his brother Robert Ontiveros (in addition to a series of restaurant serving jobs) throughout the years. Internet Advertising for Ontiveros Painting ocwpainting “Robert and Marlon Ontiveros are the most professional contactors”. “Thank You Robert and Marlon for making my home so beautiful”. Unlicensed Contracting/Doing Business from “1993” to 2005 cslb.ca.gov/Consumers/ReportUnlicensedActivity/WhatIsIllegalContractorActivity.asp What is illegal contractor activity? Who is considered an illegal contractor? It is illegal for an unlicensed person to perform contracting work on any project valued at $500 or more in labor and materials. Besides being illegal, unlicensed contractors lack accountability and have a high rate of involvement in construction scams. They also are unfair competition for licensed contractors who operate with bonds, insurance and other responsible business practices. According to The California Contractor’s Board…Robert has been lawfully licensed to work in the State of California since… Contractor’s License Issue Date: “03/02/2005” Yet he states in Internet advertising… Time in business: “20 years” “Family owned and operated since 1993, Ontiveros Painting, located in sunny Palm Desert (CA), has been offering its services in many different locations. “Among these locations are Utah, San Diego, San Francisco, Santa Cruz, Saratoga, Las Vegas, Fresno, Hawaii, Los Angeles and all Coachella Valley’s desert cities.” “In business since 1993” Ontiveros Painting…June 1993 – Present (20 years 3 months) Testimony from trial… Robert’s Attorney – Frederic Wieder states at the May 21st, 2013 trial…I quote: “I do know I recall his testimony was he had painted houses for a period of time before he was licensed”. “He got permits from the city”. Commissioner Gregory Olson responds…I quote: “Because he was painting with a permit and then he got a contractor’s license”. Mr. Wieder responds…I quote: “Correct”. Commissioner Gregory Olson responds…I quote: “Which is different than being a painter with a permit, and for a period of time, he was painting under that permit until he got his contractor’s license.” Probable Contracting/Doing Business out of state Without the Proper License/Permit From “1993” to Present Robert states in his advertising that “Ontiveros Painting has been offering its services in many locations.” Aside from California he implies that he has provided Contractor Services in the past and is willing to provide future Contractor Services in “Utah”, “Nevada” & “Hawaii”. “Family owned and operated since 1993, Ontiveros Painting, located in sunny Palm Desert (CA), has been offering its services in many different locations”. “Among these locations are Utah, San Diego, San Francisco, Santa Cruz, Saratoga, Las Vegas, Fresno, Hawaii, Los Angeles and all Coachella Valley’s desert cities.” Our research indicates that a license is required in all three states as well. Is he registered for a tax-specific identification number, license or permit in these three states? Did he withhold and/or pay the appropriate taxes to these states? It is not likely. False/Misleading Advertising ontiverospaintinginf.wix/ontiverospainting#!pictures The above site will open up the pictures to the “Ontiveros Painting” Internet ad. The site/ad implies that they represent painting projects that he and/or the company have done over the years. It also says in small print under Living Room photo with white sectional... “Copyright Ontiveros Paintings” Note: (s) added to the end. A search with the United States Copyright Office found “no results” under the name of Ontiveros Painting or Ontiveros Paintings. I and our family do believe this is called “Copyright Fraud”. Again…We highly question the probability that any of the photos are indeed a representation of his and/or the company’s actual work. We also found the same “Living Room” photo used on the following other sites as well. “Small Apartment Living Room Design: 2013 Apartment Design” has the same room image that is used on the main page of Robert’s…Ontiveros Painting Ad. “The Perretta Group – Real Estate and Mortgage Professionals/Wix” Note that photos illustrate primarily large projects. How does (1) person manage this? Better Business Bureau & the cityofpalmsprings An internet Ad for Ontiveros Painting was found on…The cityofpalmsprings site in 2011 while Dulcie’s mom (Jeri) was looking for a local company to do wallpaper removal. Upon review…She noted that the ad indicated a membership with the Better Business Bureau. To review what might be said about “Ontiveros Painting”…She went to the BBB website. It was determined that “Ontiveros Painting” is not a member of the BBB as the ad would imply. Jeri sent an e-mail to cityofpalmsprings asking them to verify the membership and/or check into the matter. Shortly thereafter…The BBB logo was removed from the “Ontiveros Painting” ad. (See copy of ad on site)
Posted on: Sun, 17 Nov 2013 21:45:07 +0000
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