Welk Resorts Will Pay Up To $ 5.5 Million To Settle Consumer Protection Lawsuit

Guilty Pleas in Massive Charter School Fraud

San Diego County District Attorney Summer Stephan announced today that two defendants have pleaded guilty connection with the A3 Charter School scheme that siphoned more than $50 million from the State of California. The defendants pleaded guilty in San Diego Superior Court to a variety of felony criminal charges including conspiracy and conflict of interest and are assisting in the return of over $210 million in assets. The defendants’ prison sentences are up to the court and range up to ten years in prison.[TWEET THIS]

Sean McManus, 48, and Jason Schrock, 44, who operated and controlled 19 California charter schools as well as four business entities, were indicted by a grand jury along with nine other defendants in May of 2019 on a several criminal counts.

Today, McManus pleaded guilty to two counts of conspiracy to misappropriate public funds and to stealing more than $500,000. McManus faces up to 10 years in state prison. Schrock pleaded guilty to one count of conspiracy to misappropriate public funds, one felony count of conflict of interest, and also to stealing over $500,000. Schrock faces up to nine years in state prison. McManus, an Australian national, entered his guilty plea remotely from Australia via Microsoft Teams. In his plea agreement McManus agreed to return voluntarily to the United States.

“With these guilty pleas, the defendants now admit they engaged in a devious, systematic public corruption scheme on the backs of students, their parents and the public that diverted millions of taxpayer dollars into their own pockets,” District Attorney Summer Stephan said. “This is one of the largest fraud schemes targeting education dollars for K-12 students in the nation. Unraveling this complex scheme came as a result of over a year of persistent and dedicated work by our team of prosecutors and investigators, who specialized in public corruption. This expert DA team will continue their work on this pending case to seek justice and make victims whole through restitution.”

The timing of the exposure of the potential abuses in the online charter arena has saved the state additional hundreds of millions of dollars even before the pandemic, as the case made school districts and the state aware of oversight concerns.

Sentencing is set June 18 at 9:30 a.m. Three co-defendants, who worked under McManus and Schrock at various charter schools, have already pleaded guilty to criminal conspiracy and have been cooperating with prosecutors under their plea agreements.

As part of the plea agreement the defendants have agreed to transfer significant assets that resulted from their scam, including over $210 million in cash, 13 houses, and various shares in third party companies. The plea agreement will result in many millions of dollars to be used to support education in San Diego County and across California.

“This plea allows for a speedy end to what otherwise could have tied up money belonging to the school system for years,” DA Stephan said. “A critical part of obtaining justice in this case is the ability to recover restitution, which can support students whose needs were was exacerbated by the COVID-19 pandemic. Recovering over $200 million in restitution is one of the largest amounts related to education-targeted fraud in the nation. This was an extremely complicated case and our team from our Special Operations Division continues to do an amazing job holding the defendants accountable and helping school districts change the way they do business.”

The case is the result of a 235-page indictment, which was handed down by a grand jury in May of 2019 following a year-long investigation by members of the San Diego County District Attorney’s Office’s Public Corruption Team, including DA Investigators David Iorillo, Don Holmes and Vincent Giaime, as well as Deputy DA Leon Schorr, who heads the public corruption unit and Deputy DA Kevin Fannan. The grand jury spent six weeks hearing testimony from more than 70 witnesses including employees of the charter schools, parents, athletic coaches, various school district representatives, and county and state-level regulatory employees.

The investigation uncovered a massive scheme in which McManus and Schrock directed subordinates and co-defendants to open 19 charter schools in San Diego County and across California. These are collectively called “A3 Charter Schools” and include:

  • Valiant Academy San Diego
  • Valiant Academy Los Angeles
  • Valiant Academy Santa Barbara
  • CA STEAM San Bernardino
  • CA STEAM Sonoma
  • CA STEAM Sonoma II
  • CA STEAM Santa Barbara
  • Uplift California Monterey
  • Uplift California North
  • Uplift California South
  • Uplift California Santa Barbara
  • California Academy of Sports Science
  • California Academy of Sports Science Fresno
  • California Vanguard Fresno
  • University Prep
  • University Prep Fresno
  • University Prep San Bernardino
  • California Prep Sutter K-7
  • California Prep Sutter 8-12

McManus and Schrock knowingly collected public funds from students for “summer school” even though the students were part of pre-existing youth programs such as sports teams, camps, gyms, private schools both religious and secular, and private enrichment centers.  McManus and Schrock authorized small payments to these programs for student information (as low as $25 for each student’s identifying information). McManus and Schrock then defrauded the state of California by claiming these students were being served by the A3 Charter Schools and being taught public education from licensed teachers, when the children often had absolutely no relationship with McManus’ and Schrock’s operation.

McManus and Schrock knowingly manipulated state funding procedures to inflate the amount of money the State of California paid the A3 Charter Schools for each summer school student.  They backdated documentation and manipulated school calendars to falsely demonstrate that children were engaged in educational activities for the entire summer. The defendants switched students between different A3 Charter Schools, called “sister schools” to increase funding per student/per school beyond legal limits. They also knowingly manipulated invoices paid to themselves through private companies in order for the A3 Charter Schools to defraud the state of California into believing the A3 Charter Schools complied with their Funding Determination approved by the California State Board of Education granting them full funding.  The A3 Charter Schools earned as much as $4,000 for each summer school child when the child received relatively nothing in exchange.

McManus and Schrock knowingly evaded oversight by manipulating financial and programmatic information given to auditors. They also avoided oversight by using subordinate figureheads to apply for charter schools and represent themselves to government regulators as the CEO of the schools when McManus and Schrock controlled all decision making and finances.

Once the A3 Charter Schools had public funds from the state, McManus and Schrock transferred millions of dollars to private companies they owned and controlled under the guise of providing educational services to the A3 Charter Schools that were not provided.

This massive fraud case has exposed numerous discrepancies in the way funding is determined for public schools across the state of California, as well as the lack of oversight of schools.  These charter schools significantly adjusted their calendars to receive greater “per student” funding than traditional schools. They transferred students frequently, often without the consent of the student, to achieve more Average Daily Attendance (ADA) funding.

As part of the grand jury indictment, school districts like Dehesa were accused of not providing proper oversight, which allowed the charter schools to exist. Part of the landmark impact of this case is that school districts made change to avert fraud in the future through oversight and accountability. After this case came to light, the Dehesa Elementary School District made drastic changes to the way it operates and is becoming a leader on proper charter school oversight.

The District Attorney’s Office worked with the Court to appoint a receiver to manage the A3 Charter Schools and assets controlled by the defendants to preserve them for restitution. The receiver had the difficult task of assessing the viability of the schools and handling sensitive student files and ultimately decided to close the schools in June 2019. The receiver with assistance of the District Attorney’s office also sued six school districts involved in this case from across the state to require them to follow the law and return funds for not providing proper oversight. [TWEET THIS]

DA Investigator Christopher Everett is reunited with siblings he helped recover for the Child Abduction Unit.

Meet DA Investigator Christopher Everett

Meet District Attorney Investigator Christopher Everett, who has worked in law enforcement for 33 years. The first four years of his career began at the Los Angeles Police Department and then the San Diego Police Department, where he retired after 25 years. For the past five years, he has been working as an Investigator for the San Diego County District Attorney’s Child Abduction Unit, which is part of the Family Protection Division. To date, Christopher has helped recover 55 children.

Why did you decide to work at the DA’s Office?

“As I was approaching my retirement with the San Diego Police Department, I felt like I had more to offer the community and law enforcement,” he said. “It has truly been a blessing to work at the DA’s Office and have the opportunity to continue contributing to the San Diego County community.”

“Working in the Child Abduction Unit has been one of the most rewarding positions I’ve held in my 33-year law enforcement career.  In every child abduction case, the child experiences what I refer to as SEP (Sexual, Emotional and Physical Abuse).  In the worst-case scenarios, children become victims of human trafficking.  I know from experience that today’s victim becomes tomorrow’s suspect/defendant. The Child Abduction Unit has an opportunity stop the cycle of violence and change the entire trajectory of an abducted child’s life.  It’s why I remain committed to getting these children back to a safe environment.

While ALL of my cases have had an impact on me, the case which had the greatest impact was a case involving 14-year-old twin children (brother/sister). Their father used deception to get the children out of the US and take them to Iraq.  Once in Iraq, he refused to return the children. Because Iraq is a Non-Hague/Treaty country, the general consensus was there was nothing we could do to help the children. Knowing the children were suffering abuse at their father’s hand, I refused to give up.  Over 19 months, using creative investigative techniques, federal partnerships and help from the US and Iraq Military, I was able to get the kids back home. Although they are home safe, the road to emotional recovery for them both continues and won’t be easy.

This past Christmas, they sent me a family photo Christmas Card. Written on the card was ‘Our First Christmas! Thank You.’  Two weeks ago, I received an email from the family.  One of the twins applied to UC Santa Barbara and had been accepted. WOW, I thought. Just amazing!  Imagine if I hadn’t fought to bring them home? They would still be in that SEP environment.  I know that my work forever changed the trajectory of their lives for the better, and they have made an impression on me which I will never forget. Never Give Up!”

Why is Black History Month important to you?

“Black History Month is a time for highlighting the many accomplishments and contributions that African Americans have made to the scientific, educational and social justice fabric of our country. Black history matters to everyone, not just African Americans. Their accomplishments and challenges benefit all of humankind. I’m glad we celebrate and recognize Black History because to really truly understand our nation’s history, we all need to recognize and acknowledge the role of African Americans in that history.”

See their stories too:

Paralegal Nicole Runyon

Deputy District Attorney Sherry Thompson-Taylor

Chief Deputy District Attorney Dwain Woodley

Crime Prevention Specialist Danielle Fair

District Attorney Investigator Christopher Everett

Photo of Deputy District Attorney Sherry Thompson-Taylor

Meet Deputy District Attorney Sherry Thompson-Taylor

Meet Deputy District Attorney Sherry Thompson-Taylor, who has worked at the San Diego County District Attorney’s Office for 25 years and is the Chief of the Insurance Fraud and Workplace Justice Division. She runs a diverse and complex division made up of seven units, which are grant funded through the California Department of Insurance to investigate and prosecute insurance fraud violations. The division has a newly established unit which investigates and prosecutes claims of workplace violations. Sherry’s job also includes grant writing, managing budgets and participating in state and local audits.

Why did you decide to work at the DA’s Office?

“I knew that I wanted to make a difference in people’s lives,” Sherry said. “Underserved communities have historically been poorly represented in the District Attorney’s Office and in the Superior Court. I believed that if I could influence people both in and outside the office, we could see a culture shift of acceptance and growth in the criminal justice system which includes fair representation and just determinations.”

Why is Black History Month important to you?

“As a child, Black History Month was an awkward and limited acknowledgement and recognition of Blacks and African-Americans to this country. Now, I truly appreciate the opportunity to discuss and highlight annually the sacrifices and contributions my ancestors made to build the foundation of this great country. As more and more of us learn the history of both enslaved people and underrepresented communities, we see how all of our family members have contributed to the fabric of our diverse society.”

See their stories too:

Paralegal Nicole Runyon

Deputy District Attorney Sherry Thompson-Taylor

Chief Deputy District Attorney Dwain Woodley

Crime Prevention Specialist Danielle Fair

District Attorney Investigator Christopher Everett

Photo of District Attorney Summer Stephan at a press conference in front of the County building.

New Workplace Justice Unit to Protect Workers’ Rights

San Diego County District Attorney Summer Stephan announced today the formation of a new Workplace Justice Unit that will be dedicated to protecting workers’ rights, prosecuting criminal wage theft cases and stopping labor trafficking. The announcement is a community-based response that comes a few weeks after the DA hosted a workplace justice panel in partnership with San Diego County Supervisor Nathan Fletcher to identify ways to better-protect workers across the county, many of whom come from minority and disadvantaged communities. [TWEET THIS]

“Together with California Labor Commissioner Lilia García-Brower and our law enforcement partners, we will work even harder to deliver justice for workers who are repeatedly abused by dishonest employers,” DA Stephan said. “Wage theft and labor trafficking are serious problems that we are working on in partnership with the community. We’re not going to allow workers to be exploited by heartless, greedy employers who break the law to line their own pockets.”

[WATCH VIDEO: News Conference Announcing New Workplace Justice Unit]

Many forms of workplace injustice are civil in nature, such as sexual harassment, discrimination or retaliation. But wage theft and labor trafficking are acts that may warrant criminal prosecution. Wage theft is when employers do not pay workers according to the law. This could include not paying wages earned, paying less than minimum wage, not paying overtime, not allowing workers to take meal and rest breaks, requiring off-the-clock work, taking tips from workers, or misclassifying employees as self-employed independent contractors. Labor trafficking is when a person is forced to provide labor or services through coercion, such as violence, threats, lies, fraud, confiscating legal documents, or to pay a debt.

The DA’s new Workplace Justice Unit is comprised of a dedicated prosecutor, DA investigator and paralegal. The Unit will prosecute unfair business practices, wage and hour violations, payroll tax evasion, wage theft and labor trafficking cases. To that end, the DA’s Insurance Fraud Division will be re-named the Insurance Fraud and Workplace Justice Division.

The District Attorney’s Office has long prosecuted wage theft cases through its Insurance Fraud Division, but only if an accompanying workers compensation fraud charge is included or investigated.

  • Between 2011-2012 the owners of State Street Grill were involved in a payroll scheme that violated California’s minimum wage laws. The owners advertised on Craigslist for immediate placement of server and cook positions. They would offer the proposed employee the position if they accepted to work without pay for the first seven days. This was considered a “training period.” If, after a week of unpaid work, the employer was satisfied with employee performance, they promised the employee they would be “put on the schedule” and paid going forward. Often, the employees were not hired or paid. Ultimately, investigators learned that this was a ploy to operate the business with little to no payroll. The prosecution of the father son duo resulted in restitution collected for 38 victims totaling $108,000.
  • In 2018 the owners of Fairhill Castle were convicted of wage theft after operating several care facilities in which they paid employees less than minimum wage. Employees were recruited from the Philippines to work 24 hours a day, often to be paid $1,500 a month. This scheme violated state overtime laws, which require time and half for over eight hours a day and double pay for over 12 hours of work per day. With the assistance of the Labor Commissioner’s Office, the District Attorney’s Office secured $220,000 in restitution for the victims.

To more effectively protect workers and seek equitable workplace justice, the DA’s Office is educating the public on worker rights through a palm card in English and Spanish and has created a public web page where anyone can obtain information about workplace justice and where victims of workplace crimes can report directly to the District Attorney’s Office. In addition, workers can also call the workplace justice hotline to make a report or report claims directly on the DA’s website.

“The Workplace Justice Unit is a vital step toward San Diego County’s new focus on protecting worker rights and fighting for employee fairness,” said Chair Nathan Fletcher, San Diego County Board of Supervisors. “This will go a long way toward ensuring we stomp our income inequality, but we must do more. Soon we will pursue a living wage ordinance, install a worker recall and retention program and introduce a proposal for an office of Labor Standards Enforcement. This framework for worker rights will restore fairness and opportunity for all San Diegans.”

Prosecuting these types of criminal workplace justice cases require special care and expertise. Cases will be referred to the DA’s Office from community partners including watchdog groups such as MCTF, the Employee Rights Center, the Insurance Fraud Division Hotline, competitor businesses and employees themselves. The District Attorney’s Office often receives cases from the Labor Commissioner, which has wide-ranging enforcement responsibilities, including inspecting workplaces for wage and hour violations, adjudicating wage claims, investigating retaliation complaints, and educating the public on labor laws.

“Robbing someone of their hard-earned wages is unconscionable and must have consequences,” said Labor Commissioner Lilia García-Brower. “I applaud DA Stephan for her renewed commitment to partner with my office and provide focused resources to hold law-breaking employers accountable. We must reckon with the criminal element in California’s economy. Working collaboratively to prosecute the heinous crimes of human trafficking and wage theft is our duty to protect working people.”

[WATCH VIDEO: News Conference Announcing New Workplace Justice Unit]

Wage theft and labor trafficking offenses are often considered part of the underground economy. The rapidly growing underground economy costs California an estimated $9 billion in uncollected tax revenue and imposes significant financial burdens on business owners that comply with labor, licensing and payroll tax laws. Employees of business that operate in the underground economy are also affected. Working conditions often may not meet legal requirements, wages may be less than what is required by law and benefits workers are entitled to may be delayed or even denied due to an employer’s failure to properly report wages. This scheme may also shift the tax burden onto the employee with the ultimate consequence being the erosion of economic stability and working conditions for all workers.

For more information on the experience of working people in San Diego who come forward with complaints of wage theft, you can download the Confronting Wage Theft report, here.

[TWEET THIS]

Photo of Crime Prevention Specialist Danielle Fair

Meet Crime Prevention Specialist Danielle Fair

Meet Crime Prevention Specialist Danielle Fair, who works in the Prevention and Intervention Programs for the DA’s Office. In this role, Danielle does community outreach and assessments for those who seek resources at the CARE Community Center. You can learn more about her role, in this video.

Why did you decide to work at the DA’s Office?

“I decided to work at the DA’s Office because I wanted to learn more about the criminal justice system and do what I could to help people as a public servant,” she said.

Why is Black History Month Important to you?

“Black History Month is important to me because it reminds me that despite the atrocities of slavery and the systematic oppression that is still in place today, Black Americans have and are still thriving and making significant innovations in our society.”

See their stories too:

Paralegal Nicole Runyon

Deputy District Attorney Sherry Thompson-Taylor

Chief Deputy District Attorney Dwain Woodley

Crime Prevention Specialist Danielle Fair

District Attorney Investigator Christopher Everett

Photo of Community Partnership Prosecutor Cheryl Sueing-Jones.

Meet CPP Cheryl Sueing-Jones

Meet Community Partnership Prosecutor Cheryl Sueing-Jones, who has worked for the DA’s Office for more than 20 years. In that role, Cheryl engages in long-term proactive partnerships with the community, with law enforcement and with public and private organizations to build reciprocal relationships of trust. She conducts trainings, community forums, town halls and public safety workshops intended to reduce crime and improve the quality of life for residents. “My position provides a platform to listen to the community, address concerns, correct misconceptions and educate the public about crime prevention initiatives,” she said. “It is my honor and privilege to collaborate with the community and our office to promote equity, diversity and inclusion.” [TWEET THIS]

Why did you come to work at the District Attorney’s Office?

“I decided to work for the DA’s office because I wanted to be a trial lawyer, to bring justice to victims of crime and to be a voice to the most vulnerable. I have stayed here for nearly a quarter of a century because I have had many opportunities to fulfill those missions in an office that is on the frontline of positive change and is committed to improving criminal justice and race relations inside and outside of the office. I am always proud when I have the opportunity to stand and say ‘Cheryl Sueing-Jones for the people.’”

Why is Black History Month important to you?

“Over the last several months our country has experienced a transformational moment in race relations and demands for racial justice have reached a fever pitch,” Sueing-Jones said. “Black Americans have been disproportionately affected by death and job losses from COVID-19. The killing of George Floyd and others ignited long-term historic trauma that is rooted in racism and exposed the systemic inequities that continue despite the many contributions African Americans have made to every aspect of American culture. While we were relieved to see 2020 in the rearview mirror, 2021 arrived with an attack on the US Capitol following the election of the first Black Vice President, Kamala Harris, a woman, my sorority sister, Hastings classmate and fellow graduate of a historically Black college. During this time of division, it is important to not only remember our history, but to also celebrate our new examples of black excellence. Black History Month is important to me because it represents an opportunity to shine a light upon the best in African American culture and to keep the spirit of Black Lives Matter alive.” [TWEET THIS]

Photo of COVID-19 vaccine.

Beware of COVID-19 Vaccine Scams

Criminals are using the COVID-19 emergency to steal personal and medical information from people across the country, especially the most vulnerable, the elderly population.

Please be vigilant of scams that are attempting to steal your personal information and your money. You should not respond to unsolicited requests to conduct COVID-19 testing, obtain a COVID-19 vaccine, or provide your personal and medical information.

BEWARE OF COVID-19 VACCINE SCAMS:

  • Be vigilant and protect yourself from potential fraud concerning COVID-19 vaccines. You will not be asked for money to enhance your ranking for vaccine eligibility. Government and State officials will not call you to obtain personal information in order to receive the vaccine, and you will not be solicited door to door to receive the vaccine.
  • Beneficiaries should be cautious of unsolicited requests for their personal, medical, and financial information. Medicare will not call beneficiaries to offer COVID-19 related products, services, or benefit review.
  • Be suspicious of any unexpected calls or visitors offering COVID-19 tests or supplies. If you receive a suspicious call, hang up immediately.
  • Do not respond to, or open hyperlinks in, text messages or emails about COVID-19 from unknown individuals.
  • Ignore offers or advertisements for COVID-19 testing or treatments on social media sites. If you make an appointment for a COVID-19 test online, make sure the location is an official testing site.
  • Do not give your personal or financial information to anyone claiming to offer HHS grants related to COVID-19.
  • Be aware of scammers pretending to be COVID-19 contact tracers. Legitimate contact tracers will never ask for your Medicare number, financial information, or attempt to set up a COVID-19 test for you and collect payment information for the test.
  • If you believe you have been the victim of COVID-19 fraud, immediately report it to 1-800-HHS-TIPS or visit tips.hhs.gov.
Photo of new app that helps children exposed to trauma.

Children Exposed to Trauma Handled with Care with Care by School

When children encounter police because they were a witness to violence or a traumatic event, they can sometimes show up to school the next few days feeling upset, setting off a cycle of poor school performance or acting out, whether in school in person or virtually. Unless a teacher knows the student experienced recent trauma, the child could end up in trouble instead of receiving support. The District Attorney’s Office, the San Diego County Office of Education, local law enforcement and local school districts are addressing this issue through an app called ‘Handle with Care,’ which was developed just before the pandemic shuttered schools. [TWEET THIS]

Under the new program, when police come into contact with a child during a traumatic event such as domestic violence in the home, a neighborhood shooting, arrest of a family member or violent crime, police use the app to alert the child’s school and school district that the child should be handled with care. No other details about the incident are given to the school.

“Children who experience trauma in the home often don’t complete homework, do poorly on tests, and are withdrawn,” District Attorney Summer Stephan said “This pilot program is a simple way we can alert teachers and school administrators and provide important context so they can monitor the child’s behavior and provide support if necessary.” [TWEET THIS]

The program, which has been endorsed by the San Diego County Office of Education, began as a pilot program in Chula Vista with the Chula Vista Police Department, the Chula Vista Elementary School District and Sweetwater Union High School District. Now, the program is also being implemented in El Cajon by Cajon Valley School District and the El Cajon Police Department.  Other police agencies and school districts in San Diego County have expressed an interest in implementing the program and training is already underway to continue to expand the program to support students countywide.

The District Attorney’s Information Technology Department wrote the code for the secure app, which may be loaded onto the law enforcement phones and computers

After police have had contact with a child, the ‘Handle with Care’ notice is sent to the child’s school and school district. The goal is then to notify the child’s teacher before school starts. While the notification is given to the student’s teacher it is not part of the child’s permanent record. Teachers have received trauma-informed training and resources, and the alert does not mean that the child will be approached by the teacher. Instead, the alert is meant to give the teacher an understanding of why the student may not have completed homework, may be tired, or be acting out. Watch the Handle with Care video, here.

“Trauma can undermine children’s ability to learn, form relationships, and function appropriately in the classroom, whether virtually or in person, said Francisco Escobedo, Superintendent of the Chula Vista Elementary School District. “Given the turbulent nature of our times, we are facing unprecedented levels of life-changing events. The Handle with Care Program will provide improved communication, compassionate engagement, and teacher sensitivity.”

When children do poorly in school, get into trouble and don’t attend class as much, they are more likely to end up in the criminal justice system. During the pandemic, participating schools are using the notifications to check-in with students and offer additional support and resources dependent on the child’s circumstances.

“We can change the course of a traumatized student’s life by being trauma informed and giving them support instead of punitive measures,” said Chula Vista Police Chief Roxana Kennedy.

The San Diego County Office of Education has provided training materials on how to use a trauma-sensitive lens when dealing with students, which includes what behavior to be alert for and what to say in response.

“When teachers have this knowledge, they can build a climate of caring in which students are more apt to feel safe, valued, and more likely to learn,” said Paul Gothold, the County Superintendent of Schools. “We’re proud to be part of this work and look forward to expanding Handle with Care.” [TWEET THIS]

Photo of teenage girl on her phone in her bedroom.

Human Trafficking Threats Online for Minors and Resources Survivors

San Diego County District Attorney Summer Stephan urges parents to be more aware of increased online dangers children face amid the ongoing COVID-19 pandemic and urged parents to take steps to prevent young people from becoming victims of human trafficking. The DA also reminded survivors of human trafficking that there are important resources available to help them move forward with their lives. The warning comes during National Slavery and Human Trafficking Prevention Month, which is held each January.

[TWEET THIS]

The most common way victims are trafficked in San Diego County is online, through social media and gaming apps, an issue that is concerning especially now that children are spending more time than ever online due to school closures related to COVID-19. Reports of technology-based exploitation have tripled at the National Center for Missing and Exploited Children amid the COVID-19 pandemic. Local reports have also increased – in 2019, the San Diego Internet Crimes Against Children Task Force (ICAC) received 3,058 cyber tips and in 2020 the numbers almost doubled to 5,885.

“Pre-pandemic, we could count on teachers and other school mandated reporters to notice some of the signs that a student is being abused at home or sexually exploited by a trafficker and to report to law enforcement,” said District Attorney Summer Stephan. “Now that children are stuck mostly at home, it’s up to the parents, guardians and responsible adults to help children understand the risks they may face online and make them feel comfortable reporting suspicious recruitment and enticement or victimization. There are tools to help parents and kids understand the threat from traffickers and abusers in order to prevent harm to our children.  The San Diego Trafficking Prevention Collective is a private-public partnership with the mission of protecting students by building knowledge has converted many resources on line at SanDiegoTPC.org,  and the San Diego Regional Human Trafficking Task Force has been working around the clock to safeguard our kids from human trafficking.”

The DA is also reminding survivors of human trafficking that there is now a legal path for them to clear their record. The San Diego DA’s Office worked with the Office of the Public Defender, legal services providers and the Courts to implement a criminal vacatur law, which is a new form of post-conviction relief that allows human trafficking survivors to clear non-violent criminal charges related to their exploitation. The vacatur law is codified under California Penal Code 236.14, and since it went into effect, the San Diego Superior Court has granted 15 vacatur petitions, creating new life paths for human trafficking survivors.

“Having a criminal record is a huge barrier for human trafficking survivors to move forward with their lives and get a fresh start,” said District Attorney Summer Stephan. “These survivors have trouble getting jobs, securing housing and completing their education which makes them a target for further exploitation. We want victims and survivors to know that we have created a trauma informed system in San Diego County working with the Public Defender and organizations like Free To Thrive to streamline their vacatur petitions and fairly and expeditiously handle them.”

Amid the COVID-19 pandemic, online predators have unprecedented access to kids through everyday scrolling on new apps, social media, online gaming and distance learning. With so much dependence on technology and the web, children are increasingly at risk of befriending strangers online.

“Due to COVID-19 causing our children to attend school virtually and engage socially online, it is more important than ever for parents to vigilantly review their children’s computer and cellular phone activities,” said Sergeant Garrick Nugent from ICAC. “To a child or teenager, connecting with someone through social networks, games, or messaging becomes as real as any other relationship, even though they have never met in person – to the point they call the online persona their boyfriend, girlfriend or best friend. Parents need to realize how important this relationship is to their child and must take steps to both understand this and stay involved in their child’s internet activity, including texting, messaging apps, games and social networks.”

Based on the investigative work conducted by the San Diego Human Trafficking Task Force, traffickers are commonly using various social media platforms, such as Facebook, Instagram and Snapchat, to locate, communicate and recruit potential victims of human trafficking.

“Most of the time, traffickers will create a profile that depicts a life of luxury,” said Commander Geanie Franco of the San Diego Human Trafficking Task Force. “They will have pictures of themselves with large amounts of cash, jewelry, and other high valued merchandise. Traffickers will then target vulnerable victims, typically by direct message, and begin to recruit them by promising to better their life by increasing their social economic standing and/or build a meaningful intimate relationship with them. Once the trafficker gains the trust of the potential victim, they will then turn that trust against them and exploit them for the trafficker’s own financial gain. Occasionally, traffickers will ask potential victims to send them sexually explicit photos of themselves through social media for the trafficker to use to post online prostitution advertisements.”

Red flags and behavior by children that parents should be taken seriously include:

  • Secretive behavior with online activities.
  • Hiding what is on their computer screens.
  • Out of sight or behind a closed door when online.
  • Vague talk of making new friends with little to no details.
  • Agitated behavior when answering their phone or needing to take calls in private.
  • Sneaking out of the house or being untruthful about who they are with and where they have been.
  • Attempting to look older with clothing or makeup.
  • Unexplained expensive gifts, money or clothing.

What can parents and guardians do to keep their children safe?

  • Review and approve games and apps before they are downloaded.
  • Make sure privacy settings are set to the strictest level possible for online gaming systems, phones and other devices.
  • Monitor your child’s use of the Internet and keep computers in a non-private room.
  • Explain that images posted online most likely will remain on the internet permanently. You’re in control before you press “send” – but once you press send, you’re not.
  • Teach your child about personal boundaries and awareness of their surroundings.
  • Encourage open child-parent communication around Internet safety. Encourage them to tell a trusted adult if something does not feel right.

To report an online exploitation type crime against an unknown child, contact the National Center for Missing & Exploited Children. To report a crime against your child, involving the internet or other electronical means, please contact your local law enforcement agency. If you have questions about Internet Crimes Against Children, prevention or suspicions, please contact the SDICAC Task Force at 858-715-7100.If you suspect human trafficking, you can contact the National Human Trafficking Hotline at (888) 373-7888 or text “HELP” or “INFO” to BEFREE (233733).

If you or someone you know is a survivor of human trafficking and would like help clearing their record of non-violent crimes related to their exploitation, you can contact Free To Thrive at (619) 693-6391 or the Public Defender’s Office Fresh Start Program via email at Fresh.Start@sdcounty.ca.gov.

[TWEET THIS]

Photo of flyer announcing free virtual Criminal Record Relief Clinic this Friday, January 29, 2021 and how to register online.

DA Hosts Criminal Record Relief Clinic this FRIDAY

San Diego County District Attorney Summer Stephan announced that her office is hosting a free Criminal Record Relief Clinic for justice-involved youth to pursue post-conviction relief. The virtual event will provide information about various criminal record relief options including record expungements, reclassification of felonies to misdemeanors, early termination of probation, and relief under Prop. 47 and Prop. 64. There will also be presentations from those with lived experiences, resources and individual follow-up and support.

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“It’s important that we provide resources for people, especially youth, who are moving on from mistakes made in their past but have a criminal record that’s holding them back,” District Attorney Summer Stephan said. “This event empowers people who qualify to find a second chance, and ultimately helps build safer communities. Getting a second chance is a powerful opportunity that can change the course of someone’s life.”

The event will be held virtually on Friday, January 29, in partnership with the San Diego County Public Defender’s Office, the San Diego County Office of Education, California Community Colleges, San Diego Continuing Education and Grossmont-Cuyamaca Community College District.

This is the second Criminal Record Relief Clinic organized by the DA’s Office since September 2019.

The Criminal Record Relief Clinic will be held via Zoom from 10 a.m. – 11:30 a.m. on Friday, January 29. To register for the event, click here.

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