Santa Monica Mirror 3.10.23

INSIDE Promenade Struggling to Attract

Local Shoppers?

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Santa Monica Man Faces up to 45 Years in Prison for Alleged $12.5 Million Insider Trading Scheme

Terren S. Peizer indicted last week in connection to 2021 insider trading

By Sam Catanzaro

A Santa Monica man faces up to 45 years in prison for allegedly engaging in an insider trading scheme to avoid more than $12.5 million in losses.

An indictment was unsealed last Thursday charging Terren S. Peizer, the CEO and Chairman of the Board of Directors of Ontrak Inc., a Henderson, Nevada-based publicly traded healthcare company, for allegedly engaging in an insider trading scheme in which he fraudulently used Rule 10b5-1 trading plans to trade Ontrak stock.

The indictment represents the first time that the Department of Justice has brought criminal insider trading charges stemming from an executive’s use of a 10b5-1 trading plan. The investigation is part of a data-driven initiative led by the Fraud Section to identify executive abuses of 10b5-1 trading plans.

Rule 10b5-1 trading plans can offer an executive a defense to insider trading charges. However, the defense is unavailable

if the executive is in possession of material, nonpublic information at the time he or she enters into the 10b5-1 trading plan. Additionally, a plan does not protect an executive if the trading plan was not entered into in good faith or was entered into as part of an effort or scheme to evade the prohibitions of Rule 10b5-1.

Peizer is charged with one count of engaging in a securities fraud scheme and two counts of securities fraud for insider trading. If convicted, he faces a maximum penalty of 25 years in prison on the securities fraud scheme charge and 20 years in prison on each of the insider trading charges.

“Mr. Peizer is accused of using his insider knowledge as CEO of a publicly traded company to line his own pockets in violation of his duty to his company and its shareholders,” said United States Attorney Martin Estrada.

“Mr. Peizer allegedly exploited material nonpublic information and tried to shield himself with a rule designed to ensure a fair and level playing field for all investors. With this indictment, we again affirm that the law applies equally to all and that corporate executives who unlawfully denigrate the integrity of our financial markets will be held accountable.”

According to court documents, between

May and August 2021, Peizer, 63, a resident of Puerto Rico and Santa Monica, allegedly avoided more than $12.5 million in losses by entering into two Rule 10b5-1 trading plans while in possession of material, nonpublic information concerning the serious risk that Ontrak’s then-largest customer would terminate its contract. Prosecutors say that in May 2021, Peizer allegedly entered into his first 10b5-1 trading plan shortly after learning that the relationship between Ontrak and the customer was deteriorating and that the customer had expressed serious reservations about continuing its contract with Ontrak.

The indictment alleges that Peizer later learned that the customer informed Ontrak of its intent to terminate the contract. Then, in August 2021, Peizer allegedly entered into his second 10b5-1 trading plan approximately one hour after Ontrak’s chief negotiator for the contract confirmed to Peizer that the contract likely would be terminated.

According to the Department of Justice, in establishing his 10b5-1 plans, Peizer allegedly refused to engage in any “cooling-off” period – the time between when he entered into the plan and when he sold stock – despite warnings from two brokers. Instead, Peizer allegedly began selling shares of Ontrak on the next trading day after establishing each

plan. On August 19, 2021, just six days after Peizer adopted his August 10b5-1 plan, Ontrak announced that the customer had terminated its contract and Ontrak’s stock price declined by more than 44 percent.

“Today’s groundbreaking insider trading indictment demonstrates that the Department of Justice, together with our law enforcement partners, will not allow corrupt executives to misuse 10b5-1 plans as a shield for insider trading,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “As this case shows, we have embraced the use of data to proactively identify and investigate fraud as we continue to ensure that ordinary investors are on an equal playing field with corporate insiders.”

Santa Monica Menstrual Health Company Wins $40k Westly Prize

removing the device from their body.

Wilen notes that approximately 12 billion pads and 7 billion tampons are discarded each year – and take 500-800 years to fully decompose in garbage dumps. “One person can dispose around 400 pounds of period packaging in their lifetime”, says the company.

By Keemia Zhang

Capd Period, a sustainable menstrual health company based in Santa Monica, has won the 2023 Westly Prize for $40,000, given to “young social innovators” in California who come up with “innovative solutions to significant global challenges.”

Hannah Wilen, CEO, founded Capd Period with Neil Batya, COO, in January 2022, with a mission to provide health products “designed by women, for women”, Wilen says. Capd Period’s flagship product is the CapdCup, the first menstrual cup customers can use without

Traditional, reusable menstrual cups made of silicone or latex have long been considered an eco-friendly, easily accessible alternative, but are typically “difficult to use – especially in public.” Wilen says, pointing out that their use of clean water to empty and wash out the device after each use is inconvenient for women in public restrooms and entirely “unfeasible” for women in developing countries.

Wilen grew up in West Los Angeles, and attended Harvard-Westlake School before studying at Duke University in North Carolina. Wilen attained a Bachelor’s degree in Engineering and a Master’s degree in Business Analytics. After graduation, Wilen “talked

to hundreds of women” when conceiving the idea, crafting the prototypes in her own athome studio with a 3D printer..

As a woman of color, Wilen recalls she was a rarity in the classroom, and often “the only female engineer in a room of male engineers.” She also found that when male investors often found it “difficult to understand ” the plight of women’s menstrual health when it was pitched to them, and often were not familiar with what a menstrual cup was. “There has been little innovation in these spaces, historically.” Wilen states.

The CapdCup, made of hypoallergenic, medical-grade silicone, works as a normal menstrual cup does, but can be emptied by unscrewing a cap at the bottom while using the restroom for easy use. The cup is reusable for up to 10 years, and lasts for up to 12 hours of continuous wear. CapdCup was also designed specifically for women with heavy periods, who would otherwise have to change their

regular cups up to five times a day.

Wilen plans to eventually provide a slate of holistic health products for women’s use, in line with the company’s “aim to revolutionize” the industry of menstrual care, and desire to “make periods more manageable for women everywhere.” Capd Period, a pending B-corp, also provides educational resources and awareness on their Instagram and Tiktok pages (@CapdPeriod), answering common questions and giving personal care tips to their followers.

Capd Period’s flagship product is the CapdCup, the first menstrual cup customers can use without removing the device from their body

Santa Monica Police Investigating Possible Violent Attack on Female Driver

Detectives believe the victim was attacked while inside her Jeep

The Santa Monica Police Department is seeking witnesses to a violent attack on a female driver involved in a solo vehicle collision earlier this year. Detectives believe the victim was attacked while inside her Jeep.

According to the Santa Monica Police Department (SMPD), on January 10, 2023, around 11:40 p.m., patrol officers were dispatched to a traffic collision involving a solo vehicle at the intersection of 17th Street and Olympic Boulevard.

“When officers arrived on scene, they observed a white 4-door Jeep Wrangler that had jumped the curb and run into the wall on the northeast sidewalk of the intersection,” the SMPD said.

SMPD officers contacted the solo occupant, a female sitting in the driver’s seat, who had significant injuries to her face with blood on her hands, face, and body.

“Officers noticed that these injuries were not consistent with the accident. The female victim told officers she had trouble remembering several hours of the day, including how she

Santa Monica Police Arrest Suspect in Connection to July 2022 Road Rage Incident

sustained her injuries,” the SMPD said.

Based on victim’s injuries, along with evidence in the car, SMPD detectives believe the victim was violently attacked while inside of her Jeep.No witnesses have come forward and detectives have not been able to locate any public or private video footage that could provide them with further details pertaining to what occurred.

Detectives are seeking witnesses who may have been in the area at the time of the incident. Anyone with any additional information pertaining to this incident or person(s) involved is strongly encouraged to contact SMPD Detective Brian Spencer at 310-4588420, brian.spencer@santamonica.gov or the Watch Commander (24 hours) at 310-4588426.

SMPD detectives recently executed an arrest warrant at a Compton home stemming from a road rage incident involving a large motorcycle group

By Sam Catanzaro

Santa Monica Police Department (SMPD) detectives and SWAT officers recently served an arrest warrant at a Compton home stemming from a July 2022 road rage incident. The suspect, identified as Anthony Harris Jr., allegedly grabbed the victim’s steering wheel and attempted to take his wallet, producing a handgun during the altercation

On March 2, 2023, SMPD Detectives within the Criminal Investigation Division (CID) along with SWAT officers served an arrest and search warrant at a home in Compton, which stemmed from an incident that occurred in July of 2022.

According to the SMPD, on July 24, 2022, officers were dispatched to the area of Pico and Centinela boulevards regarding a road rage incident that occurred involving a large motorcycle group. When officers arrived the motorcyclists were gone, however they met with the victims and witnesses who recounted the incident.

Victims and witnesses told police that around 5:35 p.m., the driver and passenger of a vehicle were driving eastbound on Pico and stopped at a red light just west of Centinela.

“Stopped in front of them, were a large group of motorcyclists. The signal

turned green, however the motorcyclists refused to proceed forward. This caused a dispute between the occupants of the vehicle and group of motorcyclists which further escalated after the motorcyclists approached and crowded the vehicle,” the SMPD said. “One of the motorcyclists began grabbing the victim’s steering wheel and attempted to open the driver’s door before striking the victim in the face. As the victim attempted to drive away, the suspect got into the backseat of the car, with the vehicle ultimately colliding into a parked car. The suspect then produced a handgun as he continued to attempt to remove the victim from his car and take his wallet.”

The suspect and other motorcyclists fled before police arrived.

SMPD Detectives were able to identify the suspect, which was subsequently confirmed through DNA, as Anthony Harris Jr, a 41-year-old man from Compton. CID Detectives filed the case with the Los Angeles District Attorney’s Office – Airport Branch, who issued an arrest warrant for Attempt Robbery and Assault with a Deadly Weapon against Harris.

Photo: SMPD

Survey Results: Promenade

Struggling to Attract Local Shoppers?

Silent Disco Comes to Third Street Promenade

Over a quarter of the retail spaces on the Third Street Promenade are vacant, a troubling sign for what was once one of LA’s premier shopping destinations. At a recent Santa Monica City Council meeting, strategies were discussed on how to revitalize the area, including the potential establishment of an arts and entertainment district within the Promenade.

As part of continued reporting on this, we asked readers for feedback on how often they

shop at the Promenade and the results are in. In total, over 350 people responded to the survey. 45 percent of respondents said they never shopped at the Promenade, 36 percent said they shopped at the Promenade a few times a year, 11 percent said monthly, 4 percent said weekly and 4 percent said multiple times a week.

Check back next week to hear what local stakeholders and officials have to say about the results of this survey!

Three events planned for March 10, April 14, and May 12

Silent disco enthusiasts, mark your calendars! Disco Fridays are coming to Third Street Promenade on March 10, April 14 and May 12 from 6-9 p.m. The event is free and open to all, so grab your glowing headphones and get ready to dance the night away.

At the event, hosted by Downtown Santa Monica Inc., three different channels will be curated by silent disco DJs to suit every

partygoer’s vibe. However, headsets will be available on a first-come, first-serve basis. Attendees should bring their ID to check out a headset.

The event will take place on the 1300 block of Third Street Promenade between Santa Monica Boulevard and Arizona Avenue. So don’t miss out on this exciting opportunity to dance and party with friends under the stars. To RSVP, visit https://www. eventbrite.com/e/disco-fridays-tickets-559074907097?utm_source=Downtown+Santa+Monica%2C+Inc.&utm_ campaign=436a726174-EMAIL_ CAMPAIGN_2023_01_14_12_12_ COPY_01&utm_medium=email&utm_term=0_-a7ee13412b-%5BLIST_EMAIL_ ID%5D

The Urgency to Retrofit EarthquakeDeficient Buildings, Part II

laws are being bypassed by some building owners, and the city may have trouble enforcing those ordinances and compelling owners to follow required interim or preliminary deadlines.

In 2017 the city passed laws that

required buildings on the list of potentially earthquake-vulnerable buildings to have their structures reviewed, analyzed, and if necessary repaired, by certain deadlines (the list: https://tinyurl.com/mr2fhbz9).

Today it seems that many building owners may have failed to comply with interim deadlines in the law, and staff shortages may make it difficult for the city to fully enforce those earthquake-retrofit ordinances.

Last year, an Information Item report by staff to City Council (https://tinyurl.com/ rynp4wws) suggested that the city may have trouble enforcing all of the requirements in the 2017 ordinances because of insufficient staff. The city had originally identified approximately 2400 buildings that may be vulnerable. Many owners of buildings on the list have missed preliminary deadlines for parts of the work, such as structural analyses, which are required under the law. The report said that the Code Enforcement Division’s “current staffing limitations and varying priorities” may be a barrier to enforcement of these preliminary obligations by building owners, and admitted that “enforcement has not been actively applied at these stages.” The lives of thousands of Santa Monica residents may be affected by the city’s difficulties in enforcing the law.

The city’s 2017 retrofit ordinances required property owners on the list to have their structures analyzed, and, if needed,

have plans drawn up and the buildings repaired. The structural analyses had to be submitted for the city’s review by certain deadlines, and any repairs or reinforcement were given timelines with completion dates that were determined by the type of construction.

Some types of buildings had to be evaluated immediately, such as unreinforced masonry buildings (most of them older brick structures). Others, such as “non-ductile concrete” buildings (more on this type later) had longer deadlines for structural analysis and plan submittal. Last year’s staff report, prepared in March, showed that, of the 66 “non-ductile concrete” buildings on the list, the vast majority had yet to submit their plans a mere month before their April deadline.

Most of the tallest buildings in the city are “non-ductile concrete” structures. More importantly, according to the city’s list, these types of buildings contain over 1,330 apartments in different parts of the city. Consider that at the city’s average occupancy of 1.7 persons per unit, there are about 2,261 people, in Santa Monica, making their homes in these structures.

“Non-ductile concrete” buildings were constructed before the introduction of updated building codes that prioritize ductility (the ability of a material to deform under stress without collapsing). Many of these buildings don’t have sufficient

reinforcing steel in their concrete structures. This makes these buildings inflexible and brittle–undesirable qualities in earthquake zones. These buildings, when subjected to earthquakes, may pose a significant risk to the safety of the people who occupy or are near them. Many of the structures that collapsed in the recent Turkish earthquake were of this type.

As of last year’s staff report, 37 “nonductile concrete” structures had yet to submit their plans a month before the deadline. “Many property owners,” said the staff report, “have chosen to bypass the structural analysis review stage and commit to moving forward with the retrofit to reduce time and cost associated with completing their projects.” The report does not specify the number of buildings whose owners failed to meet the deadline for structural analysis, nor the exact nature of these owners’ commitment to moving forward with retrofits. And owners who bypass the preliminary structural analysis requirement, reasoning that this will be done as part of the final retrofit, are merely postponing a task that could reveal urgent and dangerous conditions needing immediate intervention.

At a time when the city is preoccupied with complying with the State’s requirements to provide thousands of additional housing units, the fact that 2.5% of the city’s population–amounting

FICTITIOUS BUSINESS NAME STATEMENT

FILE NUMBER: 2023038441 ORIGINAL FILING This statement was filed with the County Clerk of LOS ANGELES ON 02/21/23. The following person (persons) is (are) doing business as 1. Bluefin Santa Monica. The full name of registrant(s) is/are: Todd Goodman Productions, LLC 1112 Montana Ave. #381, Santa Monica, Ca. 90403. This business is conducted by An Limited Liability Company. The registrant commenced to transact business under the fictitious business name or names listed above on 02/01/2023.

I declare that all information in this statement is true and correct. (A registrant who declares as true information which he or she knows to be false is guilty of a crime). Signed Todd Goodman. This Statement was filed with the County Clerk of LOS ANGELES County on April 15, 2021. NOTICE: IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE

IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.

THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE). SANTA MONICA MIRROR to publish 02/23/2023, 03/03/2023, 03/10/2023, and 03/10/2023

to thousands of individuals–lives in “nonductile concrete” buildings that need careful review and analysis would suggest a certain urgency, on the city’s part, in getting these buildings examined, and then–if needed–fixed up (and perhaps shorten the final retrofit completion date) . An updated staff report would help identify the number of owners who have complied with preliminary deadlines and embarked upon repairs–and the number who have failed to do so currently.

The widespread building collapses in the recent Turkish earthquake are a warning. We must prevent them from becoming a prediction. The city is starved for cash and personnel, but it must find a way to provide more resources to support the reporting and enforcement effort. As mentioned in last week’s article, this is a core obligation for the city.

Daniel Jansenson, Architect, Building and Fire-Life Safety Commission and Mario Fonda-Bonardi AIA & Planning Commissioner

Santa Monica Architects for a Responsible Tomorrow: Thane Roberts, Architect, Robert H. Taylor AIA, Dan Jansenson, Architect & Building and Fire-Life Safety Commission, Samuel Tolkin Architect & Planning Commissioner, Mario FondaBonardi AIA & Planning Commissioner, Michael Jolly, AIR-CRE.

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES

ORDER TO SHOW CAUSE FOR CHANGE OF NAME

Case No. 23SMCP00093 Superior Court of California, County of Los Angeles 1725 Main St. | Santa Monica, CA 90401

Petition of: Carolina Bezerra Eisenman, by and through Carolina Bezerra Eisenman for change of name.

ORDER TO SHOW CAUSE FOR CHANGE OF NAME

To all interested persons Carolina Bezerra Eisenman Petitioner: filed a petition with this court for a decree changing names as follows: a Carolina Bezerra Eisenman to Carolina Eisenman

The court orders that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted. Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing.

NOTICE OF HEARING:

Date: 07/02/21 | Time: 8:30AM | Dept: K A copy of this ORDER to SHOW CAUSE shall be published at least once a week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circulation, printed in this county:

SANTA MONICA MIRROR | Dated: March 2, 20223

Judge Lawrence Cho

Published: 03/03/2023, 03/10/23, 03/17/2023, and 03/24/2023

YOU BELONG AT SMC

Classes start March 6 On-campus and online smc.edu/spring