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MARCH 25, 2016 Release Number: 16-127

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Gree Electric Appliances Inc., of Zhuhai, China; Hong Kong Gree Electric Appliances Sales Co. Ltd., of Hong Kong; and Gree USA Sales Ltd., of City of Industry, Calif., have agreed to pay a $15.45 million civil penalty to the government.

The penalty settles charges that Gree:

  • knowingly failed to report a defect and unreasonable risk of serious injury to CPSC immediately (within 24 hours) with dehumidifiers sold under 13 different brand names, including Frigidaire, GE, Gree, Kenmore and Soleus Air, as required by federal law;
  • knowingly made misrepresentations to CPSC staff during its investigation; and
  • sold dehumidifiers bearing the UL safety certification mark knowing that the dehumidifiers did not meet UL flammability standards.

Read more...

Barber v. State

Georgia Court of Appeals, Criminal Case (10/26/2012, 11/5/2012) A12A1624

CRIMINAL PRACTICE: Arson, Accident, Jury Charges, Intent, Insurance Fraud

Alert: The statute defining first degree arson, OCGA § 16-7-60 (a) (3), does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] by fire or explosive any insured dwelling without the insured's consent.

Headnote: The Court of Appeals affirmed Kelvin D. Barber Jr.'s conviction for first degree arson, as the evidence supported it.  The Court held that the trial court did not erred in failing to charge the jury on Barber's sole defense of accident.  Barber argued that he did not have the requisite intent under OCGA § 16-7-60 (a) (3) because he set the fire in order to commit suicide, not to burn or damage the house or cause loss to the insurer.  He further argued that the evidence was insufficient to show that he set the fire knowing it would spread to or cause damage to other parts of the house.  But the Court explained that § 16-7-60 (a) (3) does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] any insured dwelling without the insured's consent by fire or explosive.  Here, the evidence, including Barber's statement to the fire investigators, showed that Barber: poured gasoline and lighter fluid throughout the house and garage, and not just on his person, ripped up books and papers and spread them throughout the upper levels of the house as well, and told investigators that he intended for the house to burn, in addition to the vehicle he was inside.  Barber also argued that the trial court should have charged the jury on his sole defense of accident, arguing that there was at least slight evidence to warrant the charge.  But the Court found that the trial court's charge, given pursuant to Barber's request at trial, included the accident theory of defense.

Read more... 

From Out of the Abyss...

This week's article is from the June 1950 Vol V, No. 5 issue of the California Conference of Arson Investigators newsletter and was written by Lowell W. Bradford.

Physical Evidence Aspects of Fire Investigation

SUMMARY:

Bugatti is recalling certain model year 2006-208 Veyron vehicles manufactured October 3, 2006, to December 22, 2006. In the affected vehicles, the positive battery (B+) cable and the connection to the alternator may corrode.

CONSEQUENCE:

The corrosion may result in the battery positive cable overheating, increasing the risk of a fire.

Click here for details.

Description

This recall involves Ryobi 40-Volt Brushless Snow Blowers. Item number RY40802 is printed on the data label on the back of the blowers. The snow blowers are black and green with two LED lights located on the front of the unit and are approximately 22 inches wide by 43 inches tall. “RYOBI” is printed on the front of the snow blowers. The models included in this recall are RY40802, RY40802A and RY40822. The model numbers are printed on the packaging. “40 V” is printed on each side of the snow blowers.

Go to CPSC for more details.

SUMMARY:

Jaguar Land Rover North America, LLC (Jaguar) is recalling certain model year 2010 Jaguar XF vehicles manufactured December 17, 2008, to April 15, 2009. The affected vehicles have a fuel tank with an outlet flange that may crack, allowing fuel to leak onto the ground.

CONSEQUENCE:

A fuel leak in the presence of an ignition source may increase the risk of a fire.

Click here for details.

Assembly Bill #937

Introduced by Assembly Member Smyth

February 26, 2009

The following is from

www.leginfo.gov:

An act to add Section 12314 to the Penal Code, relating to destructive devices.

AB 937, as introduced, Smyth. Destructive devices: registration. Existing law requires that violators of specified arson laws register their names, addresses, and other specified information with the police or sheriff in the jurisdiction where they are residing or are located, within specified time limits, and with certain

conditions. Additionally, these violators must register with the campus police chief of any public college or university where they reside or are located. Failure to register is a misdemeanor. Under existing law, certain administrative duties are imposed on county probation departments and the Department of Justice relating to the collection and dissemination of information from registrants. Existing law defines various crimes relating to the possession and use of destructive devices. This bill would impose registration requirements parallel to those applicable in arson cases on violators of certain laws regulating the possession and use of destructive devices, as specified. Parallel obligations would be imposed on public agencies relating to the collection and dissemination of information from registrants. By creating a new crime and requiring county officers to undertake additional duties, this bill would impose state-mandated local programs. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

A full description of this proposed bill is at:

http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0901-0950/ab_937_bill_20090226_introduced.pdf

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Location

1279 North White Avenue 
Pomona, California 91768 
Phone:  (909) 865-5004
Fax (909) 865-5024 
8:00 am - 5:00 pm 
Monday - Friday

 

 

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