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By Paul Kruze, Contributing Editor
Photo: Bessmon "Ben" Kalasho, August 2015
August 9, 2018 (El Cajon)--An exclusive investigation by East County Magazine has uncovered a criminal case in which El Cajon Councilman Bessmon “Ben” Kalasho pled guilty to two counts of workers’ compensation fraud in October 2015 (court case #MD094871). View full documents.
Kalasho was on probation for his crimes, both misdemeanors, when he ran for and won his seat on the City Council in 2016. He remains on probation until October 1, 2018. He was also fined.
His criminal record did not come to light during the campaign because he ran for office as Ben Kalasho without listing his real name, Bessmon Kalasho, with the San Diego County Registrar of Voters.
Kalasho has pulled papers to run for El Cajon City Council again in November.
As owner of “GO Carwash” (now renamed “Car Wash Caffe) in Santee, Kalasho was charged with a “Failure to Secure Payment of Compensation” and a “Failure to Observe Stop Order” on April 8, 2015, related to a worker’s compensation complaint filed by the County of San Diego District Attorney’s office and signed by San Diego Attorney Lina Charry. Kalasho was represented by San Diego attorney Stephen F. Lopez.
Kalasho was specifically accused of failing to pay an employee’s worker compensation insurance. He was also charged with not obeying a Department of Industrial Relations order to suspend or cease doing business until he had secured workers’ compensation insurance.
All businesses with one or more employees are supposed to carry workers’ compensation insurance to protect employees in the event of work-related injuries. When a business fails to obey workers’ compensation laws, the Division of Labor Standards Enforcement reserves the right to shut down an operation and penalizing the business owner.
In California, a business not providing workers’ compensation coverage is a criminal offense misdemeanor, punishable by imprisonment of up to one year in the county jail and/or fines of not less than $10,000. In addition, the state has the right to penalize illegally uninsured employers up to $100,000. If a business is found guilty of usurping California workers’ compensation insurance rules, the California Division of Labor Standards Enforcements will assess a penalty of either twice the amount the employer would have paid in workers’ comp premiums during the uninsured time (determined according to subdivision) or the sum of $1,500 per employee during the uninsured time – whichever is greater.
According to documents received from San Diego Superior Court, Kalasho received notice of the complaint in a document dated April 8, 2015 ordering him to appear for arraignment on May 12, 2015 at 8 a.m. before Judge Enrique E. Camerena in the San Diego Division of the County Courthouse. He was booked and released on his own recognizance.
Kalasho pled guilty to both charges on October 1, 2015 and was granted summary probation under terms that he violate no laws (except for minor traffic violations) and cannot commit the same violations for a period of three years ending October 1, 2018. He was also required to be in custody of the San Diego County Sheriff at the Central Jail for one day, on top of complying with requirements set by the Division of Industrial Relations.
As a part of the plea agreement reached with the District Attorney’s Insurance Fraud Division, Kalasho was ordered to pay $5,000 restitution and was ordered to turn himself to custody of the Sheriff’s Central Jail for one day’s incarceration on October 4, 2015.
A fine of $10,000 which could have been assessed against him on the first count was stayed, pending successful compliance with all terms of a penalty offer which included payment of all standard court fines and penalty assessments from the Division of Industrial Relations. Kalasho also waived his right to appeal the adjudication offer.
Kalasho has refused be interviewed by ECM and asked not to be contacted since our reporting revealed that he never obtained the required federal employee identification number for the Miss Middle East Beauty Pageant which he represented as a nonprofit. The state subsequently revoked its nonprofit status.
Kalasho has previously received the endorsements of the San Diego County Democratic Party and East County Democratic Club which ordinarily adheres to traditional pro-labor standards on worker issues.
View misdemeanor documents 1) and 2)
Editor's note: ECM did run a background check on candidates in the El Cajon Council race, including criminal records. A search for Ben Kalasho turned up no criminal records. We were unaware at the time that his legal first name is Bessmon.
Follow Paul Kruze on Twitter and Facebook: @PaulKruzeNews
Comments
Copy's Documents
How Kalasho really feels about El Cajon!
Remember as well
Still going to remain as a council member?
Ben Kalasho on twitter
He will be on the Council win or lose, here's why.
Due to redistricting his existing term does not expire for two more years.
He is running against Kendrick in the newly created district where they both live. If Kalasho loses, he still keeps his seat. If he wins, he takes over the district held by Kendrick and the vacancy for his existing seat would be filled by either an appointment or special election, most likely an apopintment made by Council.
I don't know why he opted to run for Kendrick's seat instead of Mayor as he'd previously announced an intent to do.
Felonies?
The million dolllar question is why hasn't the DA done anything?
I'm told some people have asked them to look into some of these things months ago. If Kalasho was not a public figure, would he be treated different?
You're right miriamg
Thank you
CRIMES OF MORAL TURPITUDE & THE LAW
He came here as a child,
from what we understand and is likely a naturalized citizen though I am not certain.
Very interesting indeed
Good question, Grandfather.
We made quite a few calls, and didn't get satisfactory answers. It's important to note that Kalasho has not been charged with any new crimes since his guilty plea, though a judge in a civil case has deemed admitted s evidence that he potentially could be charged with in a criminal court if a DA found that crimes were committed. The new lawsuits are civil cases. However, those "deemed admitted" findings of the judge include sexual harassment, fraud, revenge porn, cyberharassmente, comingilng of assets, and more If true some or all of these could be charged as crimes, too. He is also accused of threatening our reporter with an attack dog, which if the DA files charges, would be a criminal act. The law appears to bar hm from engaging in any criminal activity, misdemeanor or felony. We commonly see the Sheriff arresting people on probation or parole right away if they are found with drugs or weapons, so I don't think they have to wait for a conviction to take action, though summary probation rules may differ from rules for parolees.
If there is a criminal lawyer or probation expert out there who can explain to us exactly what the threshhold is for revoking a summary probation, please contact editor@eastcountymagazine.org. I have called the probation dept., whch referred me to the court for summary probation, whcih referred me to the DA's office, where the only call I got was from someone who wouldn't go on record or provide anything concrete, but suggested we talk to ECPD, whom we'd already asked about this and been told the DA handles such things. So we were run in circles. The charges originally were filed by the DA. I am told that any citizen has a right to contact the DA and ask her office to file charges against someone.