San Diego County District Attorney Summer Stephan today said her office is supporting Senate Bill 1042 which would change California law to make human trafficking a “violent” felony crime. SB 1042 will also designate human trafficking as a “strike” offense. The bill is authored by State Senator Shannon Grove (R-Bakersfield) and was introduced into the California legislature last week.

“This legislation ensures traffickers are sentenced to prison, establishes increased penalties for repeat offenders, and prevents traffickers from receiving early parole,” said DA Stephan. “We continue to attack human trafficking, the sexual exploitation of young people, and labor trafficking on several fronts. This change to the law will give prosecutors across the state another tool that has more serious consequences for those who would prey on some of the most vulnerable in our communities.”

Under current California law, human trafficking is defined as a “non-serious” and “non-violent” crime, falling into the same category as other low-level felony crimes such as vandalism, theft and drug sales.

Southern California has the notorious distinction of being one of the nation’s top destinations for human trafficking. The state consistently ranks number one in the nation in the number of human trafficking cases reported to the national human trafficking hotline.

By definition, human trafficking charges apply to those who are sexually exploiting or attempting to sexually exploit children and those who use force, fear, fraud, deceit, coercion, violence, duress, menace or an unlawful threat of injury on an adult that results in the substantial and sustained deprivation of the adult victim’s liberty for the purposes of obtaining forced labor, services, or sexual exploitation.

Both state and federal law enforcement agencies, including the California Attorney General, define human trafficking as “modern-day slavery.”  This label is well-deserved as traffickers control every aspect of a victim’s life.  Traffickers are exploiters of the worst kind, frequently targeting the most vulnerable and abused of society for their own financial and sexual exploitation.  Women, children, and minorities are particularly vulnerable for exploitation, as are members of the LBTQ community.

Last week, the DA announced a new outreach campaign aimed at raising awareness that boys are often victims of human trafficking. The month-long campaign’s goal is to broaden the public perception of who is vulnerable to being sexually trafficked. Officials hope that bringing attention to this issue will improve screening, identification, and services for boys who are victims of sex trafficking. The campaign is appearing on billboards, bus transit posters, on social media and in public service announcements on radio.

A study by the John Jay College of Criminal Justice estimated that as many as 50% of the commercially sexually exploited children in the United States are boys.

The bill will be heard next in the State Senate’s Public Safety Committee.

San Diego County District Attorney Summer Stephan and San Diego County Acting Sheriff Kelly Martinez today announced that law enforcement’s renewed, coordinated efforts to shut down illegal marijuana dispensaries has resulted in widespread success in East County where a bulk of the illegal dispensaries were concentrated. In 2019, there were as many as 30 dispensaries illegally operating at any given time in east county, for example. Now, it’s hard to find even one in operation. Chula Vista previously had a number of illegal dispensaries that were eliminated in 2020 using a similar approach.

“Shutting down unregulated illegal marijuana dispensaries required a new level of innovation and collaboration rather than playing a game of ‘whack a mole’ with dispensaries being shut down one day but popping up elsewhere a few days later,” said DA Stephan. “Instead of working mostly in silos, we took a new approach since 2019 that leveraged expertise from a variety of law enforcement, prosecution and code compliance agencies. Now, we are delivering proven success and making sure all neighborhoods, rich and poor, are safe from the criminal industry of illegal dispensaries and associated crime.”

In 2019, the DA and Sheriff coordinated a new, multi-agency effort spanning the entire county that includes the San Diego Police Department, Chula Vista Police Department, Homeland Security Investigations, California Department of Tax and Fee Administration, and San Diego County Code Compliance Division and Sheriff and DA. The group focused on South Bay initially and with Chula Vista Police Department Chief Roxanna Kennedy’s commitment to the task force was able to bring the number of illegal dispensaries operating in and around Chula Vista to zero.

Acting Sheriff Kelly Martinez said, “This is a win-win for communities plagued by these unregulated shops and businesses that allow youth access and fosters a wild west atmosphere where armed robberies, extortion, and homicides have occurred.”

In 2020, then Assistant Sheriff Martinez created a Marijuana Enforcement Team to support and supplement the regional coordinated effort. In early 2021, with the support of Supervisor Joel Anderson and Chair Nathan Fletcher, this team was fully funded by the Board of Supervisors. It continues today and vigilantly pursues enforcement when new shops open.

Illegal, unregulated dispensaries and organized crime groups behind them make millions of dollars while paying nothing in taxes. They sell unregulated and untested product that may contain toxic carcinogens. Many edible products are packaged as gummies that children can mistake as candy. Residents have also strongly complained about dangerous traffic conditions near residential areas where these illegal narcotics dispensaries often set up shop.

In August of last year, the San Diego County Board of Supervisors unanimously approved a proposal brought forward by Supervisor Joel Anderson to increase law enforcement of illegal marijuana shops in unincorporated areas and speed up the receivership process, allowing the county to take control of properties whose owners have repeatedly violated the law by illegally selling cannabis. District 2 had received the bulk of citizen complaints from unincorporated areas of East County.

“These illegal drug storefronts would pop up near our schools and churches, which made East County residents feel unsafe in their own neighborhoods,” Supervisor Joel Anderson shared. “One of my priorities as the County Supervisor who represents a large portion of the unincorporated County has been to ensure that the DA and Sheriff’s Department are equipped with the tools, resources, and staff power needed to put these criminals away so they can’t reopen another illegal operation. I am ecstatic to see our efforts paying off and can’t thank our Law Enforcement leaders enough for their dedicated work on this issue.”

Safe, regulated and legal cannabis retail, cultivation and manufacturing will soon be allowed in unincorporated area communities under a new policy passed in January of 2021 by the San Diego County Board of Supervisors.

Licensed dispensaries in unincorporated areas will provide equitable opportunities for economic prosperity and good paying jobs, and establish safeguards to ensure cannabis is safe, regulated and legal. Chair of the San Diego County Board of Supervisors Nathan Fletcher says illegal shops threaten the economic prosperity of honest business owners.

“We will not allow illegal cannabis shops to operate in our communities,” Chair Fletcher said. “The County and law enforcement have a strategy to shut down unlicensed shops and our aggressive action is showing real and tangible progress.”

Officials say the increased enforcement has led to increased prosecutions. Since March 2019, The District Attorney’s Office has prosecuted 70 defendants related to operating illegal dispensaries. Felony charges are being filed against the most culpable individuals, including business owners and managers, repeat offenders, and those with serious criminal histories. To date, an unprecedented 19 defendants have pleaded guilty to felony offenses involving operating drug buildings, possession of marijuana for sale, possessing narcotics while armed with a firearm, being a felon in possession of a firearm, and conspiracy. Thirteen lower-level defendants pleaded guilty to misdemeanor offenses related to aiding and abetting illegal dispensary operations. Many more cases are still pending due to delays caused by the COVID-19 pandemic.

Officials cautioned that while there has been large success shutting down illegal brick and mortar dispensaries, dealers are moving to illegal mobile delivery businesses, which remains an ongoing issue that continues to be investigated.

Anyone aware of ongoing illegal dispensaries or delivery services should contact the local police department where the business is located or where the crime occurred. Anyone providing tips can remain anonymous.

San Diego County District Attorney Summer Stephan announced today that criminal charges have been filed against Rolf Bishop, 73, the former Chief Deputy for information systems at the San Diego County Assessors/Recorder/County Clerk’s (ARCC) Office. Bishop was formally charged today with one felony count of violating Government Code Section 1090, which prohibits a county employee from being financially interested in any contract made by them in their official capacity.

Prosecutors allege that while Bishop was working in his capacity as Chief Information Officer, from March of 2017 to January of 2021, he recommended that a contractor hire his wife’s company to do work for the County. He subsequently approved invoices related to her work and the work of her employees on ARCC projects. Investigators say the defendant and his wife may have personally profited by hundreds of thousands of dollars. Exact accounting details are expected to become public during the pendency of the criminal case.

“The defendant and anyone working for the government has a duty to the public to not violate the public’s trust by using their position to unlawfully pad their own pockets,” DA Stephan said. “It’s critical that public corruption at all levels of government be investigated and prosecuted when the evidence meets the high burden of proof under the law.”

This case was referred to the District Attorney by the San Diego County’s Office of Ethics Compliance and is being prosecuted by the DA’s Special Operations Division, which investigates cases involving misuse of public funds, political corruption, hate crimes, and criminal misconduct of government officials, including peace officers and other public employees.

Bishop was arraigned in San Diego Superior Court and pleaded not guilty. If convicted, he faces a fine and up to three years in prison. Bishop is no longer employed with the County of San Diego. A preliminary hearing in this case has been set for May 10.

San Diego County District Attorney Summer Stephan warned the public today to steer clear of unapproved at-home COVID-19 tests as people become increasingly desperate to get tested for the Omicron variant of the coronavirus.

Scammers are always waiting for their next opportunity to take financial advantage of unsuspecting consumers and the shortage of COVID-19 tests is no different.

“Before you click the add-to-cart button on that website claiming to sell legitimate self-testing kits, know how to spot red flags so you don’t become a different kind of COVID-19 statistic,” DA Stephan said.

The Federal Trade Commission has issued a list of tips on how to vet at-home tests:

· Only buy tests authorized by the FDA.
· Check the FDA’s lists of antigen diagnostic tests and molecular diagnostic tests before buying, to find the tests authorized for home use. (EUA is “emergency use authorization.”)
· Check out a seller before you buy, especially if you’re buying from a site you don’t know. Search online for the website, company, or seller’s name plus words like “scam,” “complaint,” or “review.”
· Compare online reviews from a wide variety of websites. You can get a good idea about a company, product, or service from reading user reviews on various retail or shopping comparison sites.
· Think about the source of the review. Consider whether the review is coming from an expert organization or an individual customer.
· When buying online, pay by credit card. If you’re charged for an order you never got, or for a product that is not as advertised, you can dispute the charge with your credit card company.
· If you have been scammed, report it directly the FTC (www.reportfraud.ftc.gov) or contact the DA’s consumer protection team at consumer@sdcda.org.

If you are looking for an in-person test site, San Diego County provides a list of authorized free test sites on its website (www.sandiegocounty.gov).

Finally, since Governor Newsom’s executive order declares a state of emergency through March 31, 2022, the price gouging laws will be in effect until the end of April. The order prohibits sellers from increasing prices on test kits by more than 10% if they had been selling them as of December 1, 2021, unless they can prove their costs have increased. Anyone who began selling tests after December 1, 2021 may not charge 50% greater than what they paid for the kit themselves. A new law that the San Diego District Attorney’s Office co-sponsored expands the price gouging laws to online purchases.

“We will continue to use all the tools at our disposal to protect our community against fraudulent COVID schemes, fraud and price gouging” DA Stephan said.

To report an incident of price gouging or a fake or suspicious testing site, you can call the San Diego District Attorney consumer hotline at (619) 531-3507 or by email at consumer@sdcda.org.

The Consumer Protection Unit is comprised of Deputy District Attorneys, Investigators and Paralegals dedicated to protecting consumers and law-abiding businesses from fraudulent or unfair business practices.

San Diego County District Attorney Summer Stephan announced multiple criminal charges today against Marco Antonio Valadez, 47, in connection with a December 4 shooting that killed Raquel Pitsenburger, 55, and Marco Antonio Valadez, Jr., 36. Valadez has been charged with two counts of murder and sex abuse charges, stemming from a fatal confrontation in which he was trying to silence family members who were potential witnesses following the disclosure of his sex crimes.

Valadez has also been charged with two felony sexual assault charges for acts committed against Valadez’s 18-year-old family member two days prior to the murders. The two murder charges carry the special circumstances of killing a witness, multiple homicides and allegations of personal discharge of a firearm causing death and committing the offense while out on bail. The sex abuse charges carry “one strike” and “habitual sex offender” allegations for Valadez’s prior conviction for forcible rape in 1998. He also has multiple serious prior felony prior convictions alleged as part of the charges.

“We’re committed to delivering justice for this family in what is one of the most disturbing crimes committed in San Diego County in 2021.” DA Stephan said. “Thanks to the coordination and dedication of our law enforcement partners, this dangerous criminal was captured in Mexico and returned to San Diego to be held accountable.”

San Diego Sheriff’s Department Homicide and Family Protection Division detectives coordinated the murder investigation, and Valadez was arrested in Mexico and handed over to U.S. authorities on December 16.

Valadez pleaded not guilty in San Diego Superior Court today and is being held without bail. The murder charges with the alleged special circumstances make Valadez eligible for the death penalty or life in prison without the possibility of parole. His next court date is March 28 for a status hearing.