Beware of COVID-19 Economic Impact Payment Scams

Beware of COVID-19 Economic Impact Payment Scams

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The Internal Revenue Service (IRS) will begin to distribute COVID-19 Economic Impact Payments in a matter of weeks. For most Americans, this will be a direct deposit into your bank account. For the unbanked, elderly or other groups that have traditionally received tax refunds via paper check, they will receive their economic impact payment in this manner as well.

Unfortunately, criminals and scammers are taking this unprecedented pandemic as an opportunity to exploit the public, which is why the San Diego County District Attorney joins the IRS in warning the public to be vigilant of scams that are attempting to steal your personal information and your money.

Scammers may try to get you to sign over your check to them. Scammers may use this as an opportunity to get you to “verify” you filing information in order to receive your money, using your personal information to file false tax returns in an identity theft scheme. [TWEET THIS]

COVID19 Scams2 Graphic

BEWARE OF THESE SCAMS AND SCHEMES:

-The IRS will deposit your economic impact payment into the direct deposit account you previously provided on your tax return (or, in the alternative, send you a paper check). The IRS will not call and ask you to verify your payment details. Do not give out your bank account, debit account, or PayPal account information – even if someone claims it is necessary to get your economic impact payment. Beware of this scam.

-If you receive a call, do not engage with the scammers or thieves. Just hang up. If you receive texts or email claiming that you can get your money faster by sending personal information or clicking on links, delete them. Do not click on any links in those emails.

-Reports are also swirling about bogus checks. If you received a “check” in the mail now, it’s a fraud – it will take the Treasury Department a few weeks to distribute the payments. If you receive a “check” for an odd amount (especially one with cents), or a check that requires that you verify the check online or by calling a number, it’s a fraud.

IRS-Impersonation Telephone Scams:

An aggressive and sophisticated phone scam targeting taxpayers, including recent immigrants has been making the rounds through the county. Callers claim to be employees of the IRS, but are not. Victims are told they owe money to the IRS and it must be paid promptly through a pre-loaded debit card or wire transfer. If the victim refuses to cooperate, they are then threatened with arrest, deportation or suspension of a business or driver’s license. Or, victims may be told they have a refund due to try to trick them into sharing private information.

With COVID-19 scams they may urge you to pay this fake “debt” with your economic impact check. For those who receive an actual check, they may ask you to endorse it and forward to them for “payment of past debts.”

REMEMBER: Scammers change tactics — variations of the IRS impersonation scam continue year-round and they tend to peak when scammers find prime opportunities to strike — like a new economic impact check being sent. [TWEET THIS]

COVID19 Scams1 Graphic

Email, Phishing and Malware Schemes:

Scam emails are designed to trick taxpayers into thinking these are official communications from the IRS, tax industry professionals or tax software companies. These phishing emails ask taxpayers about a wide range of topics — related to refunds, filing status, ordering transcripts and verifying PIN information — in order to steal your personal information or file false tax returns.

When people click on links from these phishing emails, they are taken to sites designed to imitate an official-looking website, such as IRS.gov. The sites may also carry malware, which can infect people’s computers to steal their files or record their keystrokes.

Also be aware of email phishing scams that appear to be from the IRS and include a link to a bogus web site intended to mirror the official IRS web site. These emails contain the direction “you are to update your IRS e-file immediately.” The emails mention USA.gov and IRSgov (without a dot between IRS” and “gov”). Don’t get scammed. These emails are not from the IRS.

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Don’t be a victim! Visit www.irs.gov or www.irs.gov/coronavirus for the latest information.

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Domestic Violence Resources Available During COVID-19 Closure

Domestic Violence Resources Available During COVID-19 Closures

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In the unprecedented circumstances of the COVID-19 pandemic, we’re all affected by the crisis. This is especially true for couples and families who may be at risk of domestic violence and who are now in close quarters amid Governor Gavin Newsom’s stay at home order.

In response, District Attorney Summer Stephan is reminding the public of resources available to victims of domestic violence.  [TWEET THIS]

“We acknowledge the necessity of Governor Newsom’s order, but want to be sure we provide a lifeline to those who may be at increased risk of violence at the hands of an intimate partner,” DA Summer Stephan said. “Additional stressors such as losing a job and kids at home due to school closures can be triggers for domestic violence. We want people who are seeing warning signs of abuse or who are being abused to know that we stand ready to help them and that they shouldn’t suffer in silence.”

A new domestic violence resource website, set up by the District Attorney’s Office, provides information in English and Spanish on free local services, along with an anonymous quiz that determines one’s risk for domestic violence. There is also a version of the website for offenders with information on how to stop the cycle of abuse. The sites were developed with a Department of Justice Domestic Violence Smart Prosecution Grant. In addition, domestic violence hotlines, resource centers and temporary restraining orders are still available during the temporary court closure. Shelters funded by Cal OES are essential services and are still operating. [TWEET THIS]

There are also services available for victims of sexual assault, human trafficking, elder abuse, child abuse and fraud.

COVID19 Domestic Violence Resources English Graphic

Red flags for abuse include:

  • Controlling and jealous behaviors
  • Threats to harm you, your children or pet
  • Destruction of property
  • Put downs or telling you that nothing you do is right
  • Forced sex
  • Withholding access to money or medical care
  • Shaming or embarrassing you
  • Saying if you get coronavirus symptoms you will get kicked out
  • Forcing you to do drugs or alcohol
  • Threatening to have you deported

If you or someone you know is in danger, call the National Domestic Violence Hotline at 1-800-799-7233. There is also an online chat service available or you can text LOVEIS to 22522. Information is also available on the DA’s website. Here is an UPDATED COMPREHENSIVE LIST of services and resources available during the COVID-19 pandemic.

Anyone in immediate danger should call 911.  [TWEET THIS]

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Prosecutors Join Forces to Protect County Residents During COVID-19

Prosecutors Join Forces to Protect County Residents During COVID-19

Local law enforcement agencies are working together to protect San Diego County residents and to remind the public of consumer laws in place during the COVID-19 state of emergency and Governor Gavin Newsom’s order for Californians to stay at home. During this time of uncertainty, San Diego City Attorney Mara W. Elliott, San Diego County District Attorney Summer Stephan, and U.S. Attorney Robert Brewer are collaborating to hold accountable those who prey on fear and vulnerabilities for personal gain by:

  • hiking prices on essential items
  • duping customers through false advertising
  • committing acts of discrimination that could lead to hate crimes

In response to reports about discrimination and harassment against Asian Americans and immigrant populations, the agencies are sharing information regarding incidents of potential hate crimes and are warning the public not to engage in discriminatory behavior.

[TWEET THIS]

The offices are also working together on investigating reports of price gouging on items such as food, hand sanitizer, and protective masks. Additionally, the agencies are cracking down on scams involving false promises of treatments and cures, fraudulent financial investments, fake at-home testing kits, and deceptive online ads and email campaigns.

“Collaboration in government and law enforcement has never been more important,” City Attorney Mara Elliott said. “We are working together with all levels of government to target and hold accountable those who spread hatred and exploit residents while our community grapples with these difficult circumstances.”

Reports of predatory pricing, usually by small retailers looking to make a fast buck, are coming in from across the county. One store tripled the price of eggs. Another medical supply establishment is charging five times the former price for hand sanitizer and twice the price for a box of surgical masks. Another shop owner is re-selling Costco- brand bottled water for four times the retail price.

State law makes it a crime to raise prices more than 10% on necessary goods and services after a state of emergency has been declared. It is also a crime to make untrue or misleading statements about a product, such as claiming a product can treat or cure COVID-19.

“We rely on reports from San Diegans across the county to stop greedy price gouging, fraudulent schemes and discrimination as a potential genesis for hate crimes,” District Attorney Summer Stephan said. “We will stop crooks who prey on the natural fears and vulnerabilities that our community is experiencing due to the COVID-19 pandemic. We want the public to know that we stand with them and will continue to bring justice during this vulnerable time. We are working in partnership with public safety leaders to investigate reports and act swiftly to halt illegal practices. So far, the incidents reported to our office have resulted in immediate compliance by businesses that our investigators have contacted.”

In addition, the United States Attorney’s Office and a range of federal law enforcement agencies are joining forces to address fraud relating to COVID-19. Individuals or companies who try to exploit the COVID-19 pandemic to defraud consumers, patients, investors, businesses, or government face significant criminal penalties under a range of federal criminal laws, such as laws prohibiting wire fraud, mail fraud, or identity theft. The reach of federal law enforcement extends throughout the United States and beyond, and the U.S. Attorney’s Office is committed to protecting the residents of San Diego and Imperial counties. [TWEET THIS]

U.S. Attorney Robert Brewer of the Southern District of California said, “We will not tolerate fraudsters who try to take advantage of the current pandemic to cheat and steal. The U.S. Attorney’s Office looks forward to federal, state, and local authorities working together to safeguard our community.”

The agencies are investigating all reports of price gouging and fraud to protect consumers who are trying to ensure the health and safety of their families. The offices are sharing information statewide with partners in federal, state, and local agencies to provide a coordinated response.

The Federal Trade Commission has a list of tips on ways to avoid Coronavirus scams, especially for the elderly, who are particularly vulnerable to scam phone calls. Part of their list includes:

  • Hang up on robocalls without pressing any numbers. Scammers are using illegal robocalls to pitch everything from scam Coronavirus treatments to work-at-home schemes.
  • Fact-check information. Scammers, and sometimes well-meaning people, share information that hasn’t been verified. Before you pass on any messages, contact trusted sources.
  • Know who you’re buying from. Online sellers may claim to have in-demand products, like cleaning, household, and health and medical supplies when, in fact, they don’t.

See the full list here: https://www.consumer.ftc.gov/features/coronavirus-scams-what-ftc-doing

Price gouging and predatory business practices can be reported to the following agencies:

  • the Affirmative Civil Enforcement Unit of the City Attorney’s Office, at (619) 533-5618 or online at https://www.sandiego.gov/cityattorney/divisions/civillitigation/civilprosecution
  • the District Attorney’s Consumer Protection Unit at (619) 531-3507
  • National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address disaster@leo.gov.

To report a hate crime, contact the San Diego Police Department at 619-531-2000 or 858-484-3154 or the San Diego County Sheriff’s Department at (858) 565-5200. For emergencies, call 9-1-1.  [TWEET THIS]

DA Acts to Reduce Jail Population, Protect Public Safety

DA Acts to Reduce Jail Population, Protect Public Safety

In the wake of an unprecedented Superior Court closure, the San Diego County District Attorney’s Office and San Diego County Sheriff’s Department took several proactive steps this week to address the threat of the coronavirus to individuals being held in local jails, including putting policies in place that promote the release of individuals arrested for low-level, non-violent crimes who normally would have been released if the court was open or can’t afford to post bail. [TWEET THIS]

“From the moment we realized the court would likely close, we began working to find concrete solutions to lessen the impact coronavirus could have on the jail population and the health of the wider community while at the same time maintaining the public’s safety,” said San Diego County District Attorney Summer Stephan.  “Our concerns include defendants who are not an imminent threat to public safety, who are unable to post bail and would be forced to wait weeks or potentially months for their first court appearance because of the court shut down.”

The issue first arose Monday when it became known the courts were making the responsible decision in the face of the pandemic to close for an extended period of time in order to safeguard the health of legal professionals, court employees and inmates from COVID-19 exposure. Normally, a person must be brought before a judge for arraignment within 48 hours of being arrested, not counting weekends or holidays.  Given the current court closure, people unable to afford bail could potentially be in custody for at least three weeks.

In response, cases involving people in custody are continuing to be reviewed within statutory timelines.  If no charges are going to be filed, the jail is quickly notified by the District Attorney so they can release the person (if that individual has nothing else keeping them in custody).  If charges are going to be filed, the District Attorney is working with the Sheriff and the Court on an “electronic pre-arraignment review” to identify individuals whose charges are eligible for immediate release or bail reduction. [TWEET THIS]

During this time of national emergency and pandemic, the public safety partners of the County, which include the Sheriff’s Department, District Attorney, and San Diego City Attorney— with input from the  Public Defender and permission from the Superior Court— are working to release certain inmates from custody and modify the criteria for those booked by the Sheriff’s Department into custody.

This continuing review of inmate custody status and modified booking criteria will allow the Sheriff’s Department to make necessary space available in the jails to implement public health recommendations for social distancing and isolation if necessary.

“We’re taking these steps because it’s the right thing to do in the face of extreme circumstances that pose a serious health risk to inmates and everyone who has contact with inmates as part of their official responsibilities,” DA Stephan said. “But we’re taking a balanced and thoughtful approach that prioritizes decision-making based on fair and objective risk criteria. The public’s safety is always our priority as we work to lessen the devastating impact the coronavirus could have on those who are being held in our County jails and those living in the broader community.”

Other actions being taken by the District Attorney include:

  • Identifying individuals in jail who are awaiting a trial or sentencing and may be eligible and suitable for release.
  • Working with the Sheriff’s Department to prioritize the release of vulnerable inmates where appropriate. The DA is reviewing inmates who are medically fragile andvulnerable to determine if it’s appropriate to ask the court to re-sentence them.
  • Supporting the option of the Sheriff’s Department applying accelerated credits to inmates serving local prison sentences for non-violent and non-sex related offenses, allowing some people nearing the end of their sentence to be released early.

The DA’s Office is also temporarily modifying how it is charging cases. In some instances, it is reviewing in-custody, non-violent cases but not immediately filing criminal charges with the court. Instead, some individuals will be given a date to return for arraignment several months in the future. The DA is also evaluating other strategies to mitigate the risks of this epidemic and preserve precious resources.

“People aren’t going to get a free pass if they commit a crime. The DA team along with our law enforcement partners are working hard to protect the public from the additional harm that crime causes. This is about prioritizing and making thoughtful decisions based in fairness and equity during a time of crisis in order to relieve pressure on the system while protecting the public. We’re also mindful that once we’re past this crisis and the courts re-open, the system will undoubtedly be overburdened for some time,” said DA Stephan. [TWEET THIS]

Concurrent with the temporary modifications to how it’s reviewing and charging cases, the District Attorney’s Victim Services Division is working to support crime victims and provide a variety of services, including providing the required notifications under Marsy’s Law. The DA’s Victim Advocates serve more than 10,000 victims of crime each year and continue to provide much needed care during this crisis.

“I am so proud of the dedicated DA team across the county which is committed to safeguarding justice and promoting safe communities,” DA Stephan said. “They have stepped up in this time of crisis despite concerns for their own well-being to serve and get the job done.”

The San Diego County Superior Court Presiding and Supervising Judges have also taken extraordinary measures to obtain input from the District Attorney, Public Defender and others in order to implement best practices during this unprecedented crisis. In many cases prosecutors cannot act unilaterally to release people once their custody status has been determined by a judge. By law, the court needs to participate, agree and sign such orders. [TWEET THIS]

Report Price Gouging During Coronavirus

As the state of California and San Diego County continue to respond to the ongoing threat posed by COVID-19, the San Diego County District Attorney’s Office issued a warning today to businesses and scammers not to take advantage of consumers by price gouging. During a declared state of emergency, it is illegal for a business to increase its prices for essential goods or services by more than 10 percent, unless they can show their own costs have been increased. Governor Gavin Newsom declared a state of emergency in California on March 4 and the San Diego County Board of Supervisors extended its countywide state of emergency for an additional 30 days on February 19.

“We want county residents to know that we stand ready to protect their consumer rights under the law,” District Attorney Summer Stephan said. “We will strictly enforce violations related to price gouging.” [TWEET THIS]

COVID-19 Price Gouging InfoGraphic

Violations of the price gouging statute are subject to criminal prosecution that can result in one-year imprisonment in county jail and/or a fine of up to $10,000. Violations are also subject to civil enforcement actions including civil penalties of up to $5,000 per violation, injunctive relief and mandatory restitution.

The law applies to several products and necessities including: food and drink (including food and drink for animals); emergency supplies such as water, flashlights, radios, batteries, candles, blankets, soaps, diapers, toiletries; and medical supplies such as prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

It is also a misdemeanor for a hotel or motel to increase regular rates by more than 10 percent during a declared emergency and for the 30 days following the state of emergency.

In addition to price gouging, consumers should be on alert criminals who may set up fake websites, send emails, texts or post on social media pretending to be from the World Health Organization or the Centers for Disease Control and Prevention in an attempt to profit illegally. Also, be wary of business claiming to have a miracle cure. There is no cure for the coronavirus, yet. Do not respond to anyone claiming to have the vaccination or a cure. Most businesses are honest and have good intentions, but there are always bad actors waiting to take advantage of fear and anxiety. [TWEET THIS]

You can report suspected price gouging to the District Attorney’s Consumer Protection Unit at (619) 531-3507 or to the California Attorney General’s Office.

Wine Delivery Companies Settle Auto-Renewal Lawsuit

Wine Delivery Companies Settle Auto-Renewal Lawsuit

The San Diego County District Attorney’s Office and four other prosecutorial agencies announced today that Direct Wines, Inc., and Wine Awesomeness, LLC, have settled a consumer protection lawsuit alleging that the companies automatically renewed membership subscriptions in violation of state law.

In California, businesses must clearly and conspicuously disclose all automatic renewal charges and terms as well as obtain affirmative consent for those recurring charges from consumers. Prosecutors said the violations involved wines sold by Delaware-based Direct Wines, a wine club marketing company, and Wine Awesomeness, a South Carolina wine retailer, which allowed people to subscribe to wine bottle home deliveries.

“Our office is committed to making sure consumers are protected from auto-renewals that are buried in fine print and take their hard-earned money,” said District Attorney Summer Stephan. “Companies should know that automatically renewing customer payments, without the consumer’s express prior consent, violates the law.”

The San Diego, Los Angeles, Santa Clara and Santa Cruz County District Attorney’s Offices and the Santa Monica City Attorney filed lawsuits against Direct Wines and Wine Awesomeness in Los Angeles County Superior Court. On February 14, Judge Maureen Duffy-Lewis approved the settlement with Wine Awesomeness in case number 19STCV43732. On February 18, Judge Steven J. Kleifield approved the settlement with Direct Wines in case number 19STCV43987.

Under the terms of the settlements, Direct Wines and Wine Awesomeness have agreed to pay $350,000 and $15,000, respectively, in civil penalties and costs, and change their sales practices. Additionally, the companies must:

  • Clearly and conspicuously disclose its automatic-renewal terms;
  • Charge a consumer’s credit or debit card or account only when a consumer’s consent has been obtained through a checkbox, signature, express consent button or other substantially similar mechanism that must be selected to give consent, in compliance with the automatic renewal offer terms;
  • Provide confirmation of the transaction after the contract is made;
  • Provide a toll-free telephone number, email address, a postal address or another cost-effective, time, and easy-to-use mechanism for cancellation;
  • Allow consumers who accept an automatic renew or continuous service to terminate the contract online; and
  • All cancellations must be effective upon request.

The violations involving Direct Wines occurred between September 1, 2013, and September 27, 2017. Violations involving Wine Awesomeness occurred between August 7, 2017, and June 20, 2018. The defendants did not admit wrongdoing in the stipulated judgments but worked cooperatively with prosecutors to amend their business practices to ensure compliance with the state’s automatic renewal laws.

In 2015, the San Diego County District Attorney’s Office joined the Los Angeles County District Attorney’s Office in forming the California Automatic Renewal Task Force (CART) with Santa Clara and Santa Cruz district attorney’s offices, and the Santa Monica City Attorney’s Office.  The goal of CART is to address the automatic renewal issues that have troubled many consumers when they purchase goods and services online. CART finds that some businesses do not properly disclose to their customers that their subscriptions would be automatically renewed until canceled by the customers. Such deficient disclosure is not limited to a particular industry.

In addressing the disclosure issues in California’s wine industry, CART has joined forces with the California Department of Alcohol and Beverage Control to set forth automatic renewal disclosure guidelines for wine clubs.

San Diego County Deputy District Attorneys Thomas A. Papageorge and Stephen M. Spinella with the Consumer Protection Division handled this case for the San Diego County District Attorney’s Office.

DA Dismisses Pot Convictions

DA Dismisses Pot Convictions

San Diego County District Attorney Summer Stephan announced today that her office has filed a motion with the San Diego Superior Court to reduce 25,000 marijuana convictions from felonies to misdemeanors and is dismissing another 1,000 misdemeanor convictions completely. The Court will review the requests and make the decision.

In California, all county District Attorney’s Offices are required by law to notify the Court and Public Defender of eligible cases by July 1, 2020, under AB 1793. The Department of Justice provided data in June of 2019, which the District Attorney’s Office has been reviewing.

Before lawmakers passed AB 1793 in 2018, the District Attorney’s Office was already actively reducing and dismissing eligible marijuana cases under Proposition 64. In addition, before Proposition 64 was voted into law, the DA’s Office was reviewing its internal Case Management System for cases with qualifying charges, which it sent to the Public Defender’s Office as soon as Proposition 64 became law. Since 2016, the DA’s Office has reduced or dismissed more than 1,600 marijuana-related convictions.

“We’ve been a leader in the state and pro-active on giving individuals with marijuana convictions the opportunity to move forward with their lives without a conviction that may have been negatively impacting their lives by restricting their employment or housing,” said DA Stephan. “This latest motion is the continuation of work that began more than two years ago. It’s clear that the law was written to allow this relief, and it’s important that we give full effect to the will of the people.”

The District Attorney’s Office has been working with San Diego Superior Court leadership and staff, and the Public Defender to accomplish this latest filing. “The Superior Court and Public Defender are critical to this voluminous project and we appreciate that they’ve made it a priority,” Stephan said.

Proposition 64 identifies three health and safety code sections that qualify for resentencing: cultivation of marijuana, possession for sale of marijuana and sales and/or transporting marijuana, all of which are felonies. The law also includes dismissing possession of marijuana, a misdemeanor.

More information about defendants who may qualify for a reduction in their sentences and how to file a petition can be found on the San Diego County Public Defender’s website. For questions about whether a conviction has been reduced or dismissed, contact the Public Defender’s Office.

New Campaign Aims to Reduce Opioid Overdoses

New Campaign Aims to Reduce Opioid Overdoses

Prescription opioids are to blame for more than 2,200 accidental overdose deaths in San Diego County over the last 10-years.  In 2018 alone, 210 people died from accidental overdose caused by one or more prescription opioids, alone or combined with other drugs or alcohol.

“It’s clear that if we want to be more successful in responding to the opioid crisis and preventing overdose deaths, we need to do something different,” said San Diego County District Attorney Summer Stephan. “That’s why today, we’re announcing an innovative public outreach and awareness campaign. The San Diego Opioid Project will reach and educate people a different way, with the goal of reducing overdoses and saving lives.”

The District Attorney’s office and San Diego County Health and Human Services Agency (HHSA) have partnered to roll out the campaign in response to the ongoing opioid abuse epidemic in the U.S. and here in San Diego County. The San Diego County Board of Supervisors voted unanimously to support the innovative outreach campaign.

“Opioid abuse can impact anyone regardless of age, ethnicity or income level and accidental overdoses are preventable,” said County Health and Human Services Director, Nick Macchione. “This campaign is a significant part of the County’s ongoing efforts to address this public health crisis.”

The San Diego Opioid Project is an extended, six-month campaign based on extensive research and data. The campaign’s goal is not just to raise awareness, but to change behavior. The DA worked with the San Diego-based Rescue Agency, which has a national track record of success when it comes to changing behavior in various areas of public health.

The first phase of the San Diego Opioid Project addresses the misconception that people think they can abuse prescription opioids ‘safely.’ It educates people that opioids affect your brain exactly like heroin does. It also addresses the misconception that opioids help people heal from injuries.

The second phase of the campaign will focus on how quickly people can overdose while others around them may not even notice. The third phase focuses on the increase in pills laced with other substances like fentanyl, and how you never really know what you’re taking if you get pills from a friend or drug dealer.

The San Diego Opioid Project is rolling out primarily online, with social media and digital ads that are specifically targeted to people at risk of becoming addicted.

The ads and posts all drive people to a website: SanDiegoOpioidProject.org. Some ads are in Spanish and there’s a Spanish-language version of the website.

In addition to the San Diego Opioid Project, the District Attorney’s Office continues to work with its law enforcement and community partners to address this ongoing crisis by:

  • Working with health care professionals to better-educate doctors about prescribing opioids
  • Bringing the tragic stories of overdose to students in schools
  • Diverting addicts who are arrested into specialized court programs like Drug Court, Behavioral Health Court and Veterans Court
  • Prosecuting those who knowingly deal deadly drugs

HHSA and the DA’s Office will hold a series of Town Hall Meetings across the county to amplify the campaign and provide information and resources. The first Town Hall will take place tonight at Southwestern College at 5:30 p.m. Details can be found on the DA’s Facebook page.

Watch the San Diego Opioid Project’s flagship video on YouTube.

DA Sponsors New SVP Bill

DA Sponsors New SVP Bill

San Diego County District Attorney Summer Stephan announced today she is sponsoring legislation authored by Senator Patricia Bates (R-Laguna Niguel) that would extend the presumption of openness that exists in California courtrooms to proceedings under the Sexually Violent Predator Act.

SB 1023 would require that proceedings for the civil commitment of a sexually violent predator and subsequent hearings regarding their potential release be in open court and on the record, unless compelling and extraordinary circumstances justify closing the courtroom to the public. This bill would require there be a notice to all parties of the proposed closure and that it be made at least 10 calendar days prior to the closed court hearing.

“This important legislation supports the principles of democracy and transparency in our justice system by making sure court hearings for sexually-violent predators are open to the public,” DA Stephan said. “As District Attorney, I hear the pain from victims who’ve been terrorized by a sexual predator but are left in the dark and not able to learn pertinent information guaranteed to them by our open courts system. I’m grateful for Senator Bates’ commitment to this bill which will ensure transparency during SVP hearings.”

DA Stephan and Senator Bates say the bill is necessary because closed proceedings are inconsistent with the openness to which most people of a democracy are accustomed. The U.S. Supreme Court has opined that civil proceedings should be closed “only in the rarest of circumstances.” Additionally, the closure of these proceedings is in conflict with the constitutional rights of crime victims to be notified of and participate in hearings related to their assailant’s detention and release.

“District Attorney Stephan and I believe that court hearings for sexually violent predators should be open to the public unless a judge can provide a compelling reason,” said Senator Bates. “Victims, their families, and the public have a legitimate interest in witnessing hearings through which a predator might be released. I look forward to working with the District Attorney and my legislative colleagues to update the law so that court proceedings concerning sexual predators are not held behind closed doors.”

Victims and their advocates expressed that closing the courtrooms violate their constitutional rights under Marsy’s Law, which grants crime victims the right to attend a defendant’s court proceedings and express their views. SB 1023 is currently awaiting referral to a Senate policy committee.

First Responders Get Training to Help Fight Human Trafficking

First Responders Get Training to Help Fight Human Trafficking

Whether responding to a house fire, a car accident on the road, or providing emergency medical assistance to someone in a hotel room or a business, firefighters and medical first responders are in a unique position to join the fight against human trafficking by identifying victims and reporting their observations to law enforcement. That’s why a new training program is being rolled out across the county as part of Human Trafficking Awareness Month to teach thousands of first responders how to recognize red flags. [TWEET THIS]

[WATCH THE NEWS CONFERENCE HERE]

The training includes a video designed to provide awareness of warning signs of human trafficking and ensure that fire and medical first responders are safe when they are in potentially volatile situations. The training provides information on recognizing both labor and sex trafficking, how to identify a victim or a trafficker, the misconceptions of human trafficking and how to properly report any suspicious activity. About 3,000 firefighters from 40 fire departments, as well as emergency medical service (EMS) employees from American Medical Response and Mercy Medical Transportation will receive the training.

[You can watch a clip from the Training Video, here.]

In San Diego County, sex trafficking is an $810 million industry. One aspect of preventing and prosecuting trafficking is identifying and supporting potential victims. The goal of this training is to help first responders recognize a potential human trafficking situation and know what to do to help. In 2019, the Human Trafficking Task Force investigated 194 leads and helped 121 victims of commercial sex trafficking – an increase from 77 victims the year before. As a result, 74 cases were submitted for prosecution.

“This training greatly expands the number of people in the community who are in a position to spot the signs of human trafficking, creating a multiplier effect that can save lives,” said District Attorney Summer Stephan. “Firefighters, paramedics, and EMTs are already saving lives through the work that they do every day by giving lifesaving medical care and rescuing people from dangerous situations. In the course of their duties, they also interact with victims of human trafficking but until now may not have even realized it.”

The training video includes interviews with a survivor of human trafficking as well as DA Summer Stephan, Lakeside Fire Protection District Chief Donald Butz, Rincon Fire Department Chief Ed Hadfield and San Diego Human Trafficking Task Force Officer Mike Wiener.

“We know this training will make a difference in protecting victims of human trafficking,” said Lakeside Fire Chief Don Butz, who is also President of the County Fire Chief’s Association. “Looking back on my career of over 40 years, I am certain there were more than a few calls where there may have been human trafficking going on, but we did not recognize it or know exactly what to do to help. As first responders, we have a duty and responsibility to protect those who may be in harm’s way. This training is yet another way we can provide safety and protection to victims of human trafficking.”

As part of the training, there is also a quick reference tip sheet that will be shared for quick access to red flags while in the field. The goal is to have the tip sheets loaded onto fire department-issued phones and iPads. The training video will be distributed to the fire departments through TargetSolutions, the online training management system they use for accessing training videos. EMS companies will be given a copy of the training to share with their employees.

The San Diego County District Attorney’s Office partnered with the San Diego County Fire Chiefs Association, the San Miguel Fire Department, Rincon Fire Department, San Diego Fire Department and American Medical Response to provide the specialized training to all the fire departments across the county as well as medical first responders.  [TWEET THIS]