KAMALA D. HARRIS Attorney General of California RONALD D. SMETANA Senior Assistant Attorney General State Bar No. 62818

455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5856 Fax: (415) 703-1234 E-mail: Ron.Smetana@doj.ca.gov

JILL RAVITCH District Attorney ROBIN B. HAMMOND Deputy District Attorney State Bar No. 213432

Hall of Justice 600 Administration Drive, Room 212-J Santa Rosa, CA 95403 Telephone: (707) 565-2311 Fax: (707) 565-2762 E-mail: Robin.Hammond@sonoma-county.org

Attorneys for the People

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA

THE PEOPLE OF THE STATE OF CALIFORNIA, ) Vs. ) WARRANT

) ) ) FELONY COMPLAINT

ALDO JOSEPH BACCALA ) Section 487(a) PC (24 cts) ) 25401 CC (131 cts) ) 368(d) PC (8 cts)

_________________________________Defendant. ) 25541(a) CC (1ct)

NOTICE: Conviction for these offenses may require you to provide specimens and samples pursuant to Penal Code Section 296 if you are convicted of a felony offense or have a prior qualifying offense in your criminal background. Willful refusal to provide the specimens and samples is a crime.

1

The Little Flower, 8700 Lawyers Road, Charlotte, North Carolina:

THE UNDERSIGNED, being duly sworn, deposes and says, upon information and belief, that the said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of March, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from JOHN AND KAREN ASHBAUGH, TRUSTEES, money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT II As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Count I hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 16th day of May, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT III As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-II hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 7th day of June, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD CHIN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT IV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-III hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day of June, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

2

COUNT V As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-IV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 23rd day of June, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ANN RIVO, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT VI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-V hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day of July, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to MARK AND OLGA BARZMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT VII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-VI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day of July, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BORIS MILRUD, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT VIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-VII hereof complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of July, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BRUCE MENTCH, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

3

COUNT IX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-VIII hereof, , complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of July, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from BRUCE MENTCH money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT X As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-IX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of July, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ROBERT AND JOAN LIPMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-X hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of July, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from ROBERT AND JOAN LIPMAN money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT XII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day of August, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to MATTHEW WICK, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

4

COUNT XIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day of August, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from MATTHEW WICK money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT XIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to JOHN AND JOYCE FULLER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of September, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from JOHN AND JOYCE FULLER money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT XVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 26th day of September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to LEANG YEE, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

5

COUNT XVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to CHARLES AND BARBARA MOLLER, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 28th day of September, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND ELLEN SULLIVAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 28th day of September, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from PAUL AND ELLEN SULLIVAN money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT XX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ROY AND LINDA MUSICK, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

6

COUNT XXI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DOMINIC JOHN AND ANNE GRAHAM, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of October, 2005, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal identifying information of elder adults, said property, money, labor, goods, and services taken and obtained having a value exceeding $950, and knew and reasonably should have known that said people, DOMINIC JOHN AND ANNE GRAHAM, were elder adults.

COUNT XXIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of November, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to MAZYAR AND MARYAN SEHRGOSHA, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of December, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND ELLEN SULLIVAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

7

COUNT XXV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of December, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from PAUL AND ELLEN SULLIVAN money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT XXVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of January, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SYLVIE AND JAMES PALMER, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of January, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of February, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

8

COUNT XXIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to LARRY ASHDOWN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SUSAN TURNER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SYLVIE AND JAMES PALMER, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

9

COUNT XXXIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day of May, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to GARY DEGRAFFENREID, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day of May, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of May, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day of July, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to STEVEN AND GENEVIEVE DAVIDSON, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

10

COUNT XXXVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 24th day of February, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of March, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to LARRY ASHDOWN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XXXIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of March, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SUSAN TURNER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XL As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XXXIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of May, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

11

6401 and 6441 Holder Road, Clemmons, North Carolina:

COUNT XLI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XL hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 17th day of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SUSAN TURNER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XLII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to RAYMOND AND MILDRED NIZIBIAN, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XLIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to JENNIE OPPENHEIMER AND NICHOLAS WILTON, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

12

COUNT XLIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of September, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XLV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 5th day of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM DARRELL AND SUSAN TURNER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XLVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PATSY CAROL DAVIS, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XLVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 24th day of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

13

COUNT XLVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 24th day of October, 2007, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal identifying information of elder adults, said property, money, labor, goods, and services taken and obtained having a value exceeding $950, and knew and reasonably should have known that said people, DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, were elder adults.

COUNT XLIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 26th day of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to MICHAEL AND RENEE EASTMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT L As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XLIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to CHAD AND EDIE KODET, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-L hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of October, 2007, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from CHAD AND EDIE KODET money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

14

COUNT LII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of October, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WAYNE SEDEN AND MIRIAM AGARD-SEDEN, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of November, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to CHRIS AND CATHY GONZALES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 19th day of November, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to STEVEN WALKUP AND DEBORAH OWEN, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day of December, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to RAYMOND AND MILDRED NIZIBIAN, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

15

COUNT LVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day of December, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to RAYMOND AND BARBARA EASTMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 16th day of January, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to CHARLES MOLLER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of January, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BRUCE AND JOY MENTCH, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 31st day of January, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to VINCENT MONTANELLI, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

16

COUNT LX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 22nd day of February, 2008, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 22nd day of February, 2008, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal identifying information of elder adults, said property, money, labor, goods, and services taken and obtained having a value exceeding $950, and knew and reasonably should have known that said people, DOMINIC JOHN GRAHAM AND HANNAH GRAHAM, TRUSTEES, were elder adults.

Jenni-Lynn, 915 Hook Avenue, West Columbia, South Carolina:

COUNT LXII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 25th day of May, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD AND PATRICIA MOLINA, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

17

COUNT LXIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 1st day of July, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BEVERLY MILLER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of August, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BEVERLY MILLER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 30th day of September, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ROY AND LINDA MUSICK, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BORIS AND KATE MILRUD, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

18

COUNT LXVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of January, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from BORIS AND KATE MILRUD money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT LXVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 27th day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to MARK AND OLGA BARZMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 2nd day of February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to LEON BARZMAN AND ANNA SULKINA, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 4th day of February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to JENNIE WILTON AND NICHOLAS OPPENHEIMER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

19

COUNT LXXI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to CHAD RAY KODET, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of February, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from CHAD RAY KODET money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT LXXIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of February, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DUSTIN KODET, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 11th day of February, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from DUSTIN KODET money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

20

COUNT LXXV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day of March, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to KENT ARMBRIGHT, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day of April, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to JENNIE WILTON AND NICHOLAS OPPENHEIMER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of September, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BORIS AND KATE MILRUD, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day of July, 2007, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to BORIS AND KATE MILRUD, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

21

The Gardens of Statesville, 2147 Davie Avenue, Statesville, North Carolina:

COUNT LXXIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day of September, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM DARRELL TURNER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of September, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND OLGA SYDELL, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day of October, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD AND MARIBEL CHIN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

22

COUNT LXXXII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 8th day of October, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to JENNIE OPPENHEIMER AND NICHOLAS WILTON, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of October, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to RAYMOND AND BARBARA EASTMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DOMINIC JOHN AND ANNE GRAHAM, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 10th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to HOWARD AND MIRIAM SEDEN, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

23

COUNT LXXXVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to TANIA GRAHAM AND KEVIN AMBROSE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ELIZABETH RIEGER, TRUSTEE, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 12th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SUSAN TURNER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT LXXXIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND OLGA SYDELL, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

24

COUNT XC As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-LXXXIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 16th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM F. OWEN, JR., by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XC hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 29th day of November, 2004, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ANTHONY AND LYNN FULLER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 15th day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DENNIS MICHAEL AND LORI GONZALES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to DENNIS MICHAEL AND LORI GONZALES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

25

COUNT XCIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to WILLIAM F. OWEN, JR., by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to SUSAN TURNER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of January, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to ROBERT AND JAMES MATTEI, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 21st day of January, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from ROBERT AND JAMES MATTEI money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

26

COUNT XCVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day of April, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to RICHARD AND PAMELA EASTMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT XCIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day of April, 2005, violate Section 368(d) of the PENAL CODE, a felony, in that he committed theft, embezzlement, forgery, fraud, and identity theft with respect to the property and personal identifying information of elder adults, said property, money, labor, goods, and services taken and obtained having a value exceeding $950, and knew and reasonably should have known that said people, RICHARD AND PAMELA EASTMAN, were elder adults.

COUNT C As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-XCIX hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of May, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to JOHN AND JOYCE FULLER, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT CI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-C hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 6th day of October, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to EDWARD AND MARIBEL CHIN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

27

COUNT CII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 4th day of November, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND OLGA SYDELL, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT CIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of November, 2005, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND OLGA SYDELL, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT CIV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 14th day of November, 2005, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from PAUL AND OLGA SYDELL money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT CV As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CIV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of March, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to PAUL AND ELLEN SULLIVAN, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

28

COUNT CVI As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CV hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 9th day of March, 2006, violate Section 487(a) of the PENAL CODE, a felony, in that he did unlawfully take from PAUL AND ELLEN SULLIVAN, TRUSTEES, money and personal property which aggregates to a value exceeding Nine Hundred Fifty Dollars ($950).

COUNT CVII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CVI hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 18th day of April, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to RICHARD AND PAMELA EASTMAN, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT CVIII As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CVII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did, in the County of Sonoma, State of California, on or about the 20th day of April, 2006, violate Sections 25401 and 25540(b) of the CORPORATIONS CODE, a felony, in that he did willfully and unlawfully offer securities for sale and sell securities in this state to CHARLES AND BARBARA MOLLER, TRUSTEES, by means of a written or oral communication which included an untrue statement of a material fact or omitted to state a material fact necessary to make the statement made not misleading in light of the circumstances under which it was made.

COUNT CIX As and for a further and separate cause of action, being a different offense from but

connected in its commission with the crime set forth in Counts I-CVIII hereof, complainant further complains and says upon further information and belief, that said defendant, ALDO JOSEPH BACCALA, did