DA Releases 25-yeas OIS Analysis

DA Releases 25-year OIS Analysis

An updated analysis of officer-involved shootings in San Diego County is revealing commonalities in many of the incidents, including the time and day of the week they occur, the impact of drug use, and the use of less-lethal force. [TWEET THIS]

The study shows that between 1993 and 2017, 451 people were involved in violent confrontations with police in San Diego County, which ended with them being shot or killed. Fifty-five percent of the shootings were fatal and 79 percent of the incidents included people who had drugs in their systems and/or mental health issues. Of the 65 percent with drugs in their system, methamphetamine topped the list. The most frequent time of day for a deadly encounter was the midnight hour of Friday. The most frequent encounters were traffic-related stops and domestic violence incidents. Read the report.

The 25-year, in-depth analysis is believed to be the most comprehensive report on officer shootings in San Diego history and among one of the few in the nation. The report was commissioned and prepared by the San Diego County District Attorney’s Office with the goal of transparency, a better understanding of the dynamics of officer-involved shootings, and to improve officer and community safety. The report adds five additional years to the previous 20-year study released in 2015.

Among the changes noted in the intervening five years were slight increases in the percentage of officers killed or injured in incidents, and the number of incidents where the subject’s statements or behavior indicated the incident was a “suicide by cop.”

Officer-involved shootings are among the most thoroughly reviewed incidents in law enforcement. The District Attorney’s Office has conducted reviews of all officer-involved shootings in the line of duty by San Diego County and state peace officers since the mid-1970s.

“Reviewing officer-involved shootings and deaths that occur while someone is in the custody of law enforcement is one of my most serious responsibilities,” District Attorney Summer Stephan said. “We are committed to leverage this valuable data to increase safety for the public and peace officers. In May, our office announced several initiatives we developed to improve the way law enforcement interacts with people with mental health and substance abuse issues. We’re funding access to crisis intervention and de-escalation training for police officers, and providing a mental health checklist that families can use when calling 911 to hopefully improve the outcome when their loved one comes into contact with police.”

Using data from each in-depth case investigation and data from police departments, a wide variety of factors were analyzed including the race and gender of the subjects shot, the month, time and day shootings occurred and the average age of the subject and of the officers shooting.

Findings include that the majority of shootings take place within five minutes of police arriving to the scene and that the most common location for an officer-involved shooting to take place is an alley or street as a result of a traffic stop or a domestic disturbance. In 92 percent of the incidents, the subject had a weapon. Thirty-eight percent of those subjects had a gun.

Domestic disturbance calls are the second most-likely type of police call to result in an officer-involved shooting with traffic stops accounting for the primary type of encounter.

When officer-involved shootings occur, the law enforcement agency that employs the peace officer conducts an internal investigation which includes a review of whether or not that agency’s policies and procedures were followed or whether additional training needs to be addressed. A criminal investigation is also completed by the homicide unit.

The role of the District Attorney’s Office is to provide an independent review of all shootings and other use of deadly force, fatal and non-fatal, to determine if there is criminal liability. It is one of the most serious responsibilities of the District Attorney. This particular review does not examine compliance with the policies and procedures of the respective law enforcement agency, ways to improve training, or issues related to civil liability.

When the DA’s review is complete and if there is a determination that the use of deadly force was justified, a letter summarizing the evidence, including statements of the sheriff’s deputy or police officer and other witnesses, is written and delivered to the respective police chief or Sheriff. We release relevant body-worn camera video to the public and we post our letter on our public website.

The FBI and the U.S. Attorney’s Office attend briefings by the investigating agencies following an incident. The FBI, U.S. Attorney or the Attorney General can also elect to investigate and review an officer-involved shooting. [TWEET THIS]

San Diego Man Released from Prison 33 Years Early Under New Re-sentencing Law. Group photo of Kent Williams, his family and District Attorney Summer Stephan, Assemblymember Phil ting.

DA Initiates Re-sentencing, Releasing Inmate 33 Years Early

In 2003, 57-year-old Kent Williams burglarized two North Park homes and stole a car.  He was convicted of the crimes and because of California’s Three Strikes Law, at the time a judge sentenced him to 50 years-to-life in state prison.[TWEET THIS]

[WATCH THE LIVE STREAM OF THE ANNOUNCEMENT]

Earlier this year, Williams is believed to have become the first person in California to benefit from AB 2942, a new state law authored by Assemblymember Phil Ting (D-San Francisco) which allows local prosecutors to  carefully review old cases in which they believe the prison terms were unjustly harsh. If warranted, they can recommend a new, reduced sentence to a judge, who has the final say. This two-step process resulted in the release of Williams in June, after being incarcerated for nearly 16 years.  The re-sentencing effectively shaved at least 33 years off of his prison term.

After AB 2942 took effect in January, San Diego County District Attorney Summer Stephan agreed to review the Williams case, which led to his release in June. Prior to the change in the law, only the Board of Parole Hearings or the California Corrections Secretary could initiate and recommend the re-sentencing of a defendant. The re-sentencing is believed to be the first use of the new law in the state of California. [TWEET THIS]

“Proactively bringing this re-sentencing to a judge was the right thing to do in this case,” said DA Summer Stephan. “We reviewed the defendant’s underlying conviction, disciplinary records, and record of rehabilitation while incarcerated. We also considered and assessed Mr. Williams’ risk for future violence. Ultimately, we believed that circumstances had changed since the defendant’s original sentencing, so we moved forward under the new law in the interest of justice.”

“I’m grateful for the second chance,” Williams said. “I appreciate all the people who kept fighting for me. I’m ready to get a job, reconnect with family and friends, and watch my grandchildren grow up.”

[WATCH THE LIVE STREAM OF THE ANNOUNCEMENT]

Under California’s previous Three Strikes law, which has since been changed by voters, Williams received a life sentence for the two residential burglaries and car theft. His original parole eligibility date was September 25, 2052. He would not have received the same sentence under today’s guidelines.

“I authored AB 2942 because there are many people like Mr. Williams who have been rehabilitated and paid their debt to society for their crimes, but are languishing in our prison system,” Ting said. “Keeping them behind bars is no longer in the interest of justice. I’m thrilled to see how impactful criminal justice reform can be.”

If any review by the District Attorney’s Office results in a recommendation for a sentence reduction, it must still be approved by the Board of Parole Hearings.

Williams will be on state parole for a minimum of three years.

[TWEET THIS]

Preventing Human Trafficking on 'World Day Against Trafficking of Persons'

Preventing Human Trafficking on ‘World Day Against Trafficking in Persons’

Every year there is an estimated 8,000 new victims of sex trafficking in San Diego County, making human trafficking the second-largest underground economy after drugs, generating over $810 million in revenue per year. To bring awareness to this worldwide issue, the United Nations’ designated July 30 “World Day Against Trafficking in Persons.” To commemorate this day, the San Diego County District Attorney’s Office joined the Bilateral Safety Corridor Coalition and the Consulate General of Mexico in San Diego during a “Human Trafficking Awareness and Prevention” conference, where District Attorney Summer Stephan explained the impact of this crime in our region. [TWEET THIS]

“Human trafficking lies in the vulnerability of people” said District Attorney Stephan. “What is really important is for government to continue to enact laws that protect the vulnerable from this terrible form of exploitation and slavery. What is even more compelling than enacting laws is acting upon them in order to free those that have been subjugated to this terrible form of human rights violations. This day against trafficking of persons is not just a hopeful day, but it is a day of action.”

The “Human Trafficking Awareness and Prevention” conference hopes to bring attention to the growing problem of trafficking occurring in San Diego County and across the country. San Diego was identified by the FBI as one of the top 13 high intensity child prostitution areas. Although San Diego does share a border with Mexico, human trafficking does not require that a victim be moved over state or international borders. Human trafficking is also a domestic issue inside the state of California and San Diego County.

This event hopes to highlight the importance of government action in fighting the trafficking of people and encourages everyone to become more involved in helping stop this crime. Other keynote speakers included Consul General of Mexico in San Diego Carlos Gonzalez-Gutierrez, Bettina Hausman from the United Nations Association-San Diego Chapter, and Marisa Ugarte from the Bilateral Safety Corridor Coalition.

District Attorney Summer Stephan is a national leader in combating sexual exploitation and human trafficking, having served as a Deputy District Attorney for 28 years and as the Chief of the Sex Crimes and Human Trafficking Division, a Special Victims Unit she pioneered. The San Diego County District Attorney’s Office has taken the lead in fighting human trafficking around San Diego County and hopes to continue the fight through events like these.  For tips on how to watch out for warning signs of human trafficking and to learn more about what the DA’s Office is doing to prevent it, click here.

[TWEET THIS]

Prosecutor Recognized for Prevention of Cyber Bullying, School Threats

Being a Deputy District Attorney is not just about prosecution, but also about protecting the communities we serve and live in through crime prevention and education. Deputy District Attorney Andrija Lopez was recently recognized for her tireless dedication on prevention against cyber bullying and school threats, by the San Diego County Juvenile Justice Commission during their Community Recognition Ceremony. The annual awards ceremony recognizes community leaders, organizations and law enforcement for their dedication and work in the juvenile justice system. [TWEET THIS]

“I am so proud to have Deputy District Attorney Andrija Lopez on our team. Her recognition is very well-deserved and her creative and proactive approach is an excellent example of the kind of crime prevention we embrace at the DA’s Office,” said District Attorney Summer Stephan. “During her 15 years as a prosecutor, Andrija has spent nearly half of those years in the Juvenile Division, where she noticed a pattern between cyber bullying and an increase in school threats. With that information she helped create an important education and prevention campaign as well as a county-wide School Threat Protocol.”

With the support of DA Stephan and Juvenile Division Chief Lisa Weinreb, Deputy DA Andrija Lopez spear-headed the creation of the first-ever county-wide School Threat Protocol providing law enforcement, all 42 school districts and the District Attorney’s Office with a step-by-step approach to identifying and assessing the hundreds of reported school threats in our county each year. Lopez also created and leads the School Threat Assessment Team, a multi-disciplinary team of experts, including mental health professionals, state and federal law enforcement officers and educators who work together to map out how to intervene and assist a juvenile in need that has started down the pathway to violence.

“Being part of the Juvenile Division allows me to focus heavily on prevention,” said DDA Andrija Lopez. “It is my hope that by addressing bullying and cyber bullying head-on as well as mental health issues, that we will foster healthier school climates and reduce the risk of a tragedy happening in our county.”

Lopez also created an education campaign in San Diego schools to educate students, teachers and administrators about the dangers of cyber bullying, created tips on how to report it and training on how to respond to it on school campuses. She created several presentations for children of all ages and compiled a team of prosecutors throughout the county who provide approximately 20 to 25 presentations per year on this topic.  [TWEET THIS]

Office Manager Convicted of 51 Felony Counts in Massive Patient Referral Scam

Service Members Scammed out of $4.8 Million

More than 100 active duty Navy service members, most of them enlisted sailors, were targets of a scam by a company known as Go Navy Tax Services that sold over 4,700 expensive, unnecessary life insurance policies under the guise of tax preparation services. To pay the premiums on the policies, the defendants fraudulently gained entry to the Department of Defense’s payroll system and set up automatic payments to bank accounts that were opened without the knowledge or consent of the service members. The total loss to victims is about $4.8 million over 10 years. [TWEET THIS]

Paul Flanagan, 54, Ranjit Kalsi, 52, and Gregory Martin II, 49, were indicted by a grand jury in San Diego, California on 36 counts of conspiracy to commit fraud, grand theft, forgery and identity theft. The San Diego County District Attorney’s Office worked with the California Attorney General’s Office, California Department of Insurance and Naval Criminal Investigative Service to investigate and prosecute this case.

Defendants Martin and Kalsi were arrested were arrested July 9 and were arraigned July 10. Defendant Flanagan was arraigned today. All pleaded not guilty and will be in court again on July 17 at 1:30 p.m.

“The victims of this scam were young women and men serving our country who were essentially tricked into signing up for something they didn’t need and couldn’t afford,” said San Diego County District Attorney Summer Stephan. “Working with our law enforcement partners in California and at the Navy, we were able to shut down this operation and we will work to get money back into the pockets of service members who were taken advantage of.” [TWEET THIS]

A grand jury heard testimony from 40 witnesses over a 2-week period, ultimately handing down indictments on July 8. Investigators say the defendants easily scammed sailors because of their understanding of the inner-workings of myPay, the Department of Defense payroll system. The defendants would first hook victims with free tax preparation services, but then upsell them on life insurance policies described as savings accounts.

“Enlisted sailors were not given a choice as to whether they wanted a supplemental life insurance policy,” DA Stephan said. “That decision was made for them through corrupt and fraudulent methods.”

The defendants convinced service members to set up automatic payments in the form of “allotments” for what was characterized as a retirement investment and misrepresented the life insurance policy forms to convince service members to sign.

The Navy Region Southwest Office of the Inspector General Investigators, in concert with Special Agents from NCIS Southwest Field Office, spent countless hours bringing this case together. The efforts culminated in working hand-in-hand with the California Department of Insurance and Department of Justice.

“The Navy applauds the cooperative effort of this joint civilian-military investigation,” said Navy Region Southwest spokesman Brian O’Rourke. “Financial predators are sadly a reality for many military families, even in areas as traditionally supportive to the troops as San Diego. Service members who suspect they may be the victims of fraud are encouraged to contact their local military legal assistance office.”

Since defendant Flanagan operated his crooked business – Go Navy Tax Service – out of a trailer directly across from the entrance of the 32nd Street Naval Station, complete with posted Navy flags, many service members assumed he was affiliated or sanctioned by the Navy.

“Service members have given so much to our country – they should not have to worry about being targeted and taken advantage of by malicious scammers,” said Attorney General Xavier Becerra. “We will not tolerate this predatory and criminal behavior. The California Department of Justice and our law enforcement partners will continue to vigorously prosecute scammers who prey on American heroes who fight for our country.”

While members of our armed forces were protecting our freedoms, Flanagan and his co-defendants were making millions off of their service. Flanagan was making $400,000 a year in commissions he would receive from the life insurance policies he sold.

“These defendants defrauded targeted an honored group of individuals who have dedicated their lives to protecting and serving our nation,” said Insurance Commissioner Ricardo Lara. “The alleged actions of these individuals have resulted in the loss of $4.8 million and have harmed thousands of military personnel. I am committed to working with the San Diego District Attorney’s Office and the Attorney General’s Office to put a stop to those who take advantage of hard working Californians.”

If convicted, the defendants are facing more than 20 years in prison. [TWEET THIS]

LEE EN ESPAÑOL

How to Recognize Animal Cruelty

How to Recognize Animal Cruelty

On March 1, a dog was found abandoned in Escondido, weighing less than 20 pounds and extremely dehydrated with low temperature; he also had pressure sores on his hips and knees.

The dog, who was named Remington, recovered thanks to the San Diego Humane Society’s veterinary team.

Because of his critical condition, this is a felony animal cruelty investigation by San Diego Humane Society’s Humane Law Enforcement, which is still looking for information that will lead to an arrest.

911 English Checklist

Remington is just one example of the animal cruelty cases that could lead to prosecution by the San Diego County District Attorney’s Animal Cruelty Unit, which was established one year ago. [TWEET THIS]

In the past year, the DA’s Animal Cruelty Unit has prosecuted 53 cases for animal cruelty; nine of those cases also have domestic violence charges, six cases have child abuse charges and two have elder abuse charges along with the animal cruelty charges.

This week, the San Diego Humane Society and District Attorney Summer Stephan commemorated the one year launch of the Animal Cruelty Unit by reminding the public to Look out and Speak out” against animal cruelty.

[WATCH THE NEWS CONFERENCE HERE]

“Of our 53 cases 17 cases are prosecuted that have this combination of terror to the family from within that includes abuse of animals,” said District Attorney Summer Stephan. “These cases are difficult because the animals can’t speak for themselves and that’s why it’s so important that our community, our neighbors, look out and speak up.”

Animal cruelty is one of the earliest and most dramatic indicators that an individual may be developing a pattern of seeking power and control through abusing others. Children witnessing animal cruelty are significantly more at risk of adolescent or adult interpersonal violence.

[LEARN MORE ABOUT THE DA’S ANIMAL CRUELTY PROSECUTION UNIT]

“About 90 percent of what we do educating people is about properly taking care of their animals so making sure that we start with our children is the most important thing we can do,” said Gary Weitzman, President and CEO of the San Diego Humane Society. “We also do not want children to witness animal cruelty, so it is up to us as adults and as protectors of animals and children to be there for them.”

Learn to recognize animal cruelty:

  • Wounds on the body; patches of missing hair; extremely thin, starving animals; limping, etc.
  • An owner striking or otherwise physically abusing an animal.
  • Dogs who are repeatedly left alone without food and water, often chained up in a yard.
  • Dogs who have been hit by cars—or are showing any of the signs listed above—and have not been taken to a veterinarian.
  • Dogs who are kept outside without shelter in extreme weather conditions.
  • Animals who cower in fear or act aggressively when approached by their owners.
  • Flea or tick infestations.

If you ever suspect animal cruelty, please call the San Diego Humane Society at (619) 299-7012. [TWEET THIS]

[WATCH THE NEWS CONFERENCE HERE]

LEE EN ESPAÑOL

DA News Conference: $5 Million Fraud Ring Busted

$5 Million Fraud Ring Busted

When you think of auto theft, you might think of vehicles being hot-wired and stolen off the street, brought into ‘chop shops’ and sold for parts. But beginning in December 2017, investigators with the San Diego Regional Auto Theft Task Force (RATT) began looking into a massive auto theft scheme of a different kind. The investigation revealed that the defendants fraudulently purchased vehicles, laundered money, set up fake companies and scammed banks to get away with millions of dollars, making it one of the biggest auto theft-related cases in recent memory in San Diego.

San Diego County District Attorney Summer Stephan today joined RATT Commander, California Highway Patrol Captain, James Portilla, to announce that 21 defendants have been charged as a result of ‘Operation Blindside,’ an investigation led by RATT and supported by its law enforcement partners. Investigators followed a trail of multiple financial schemes that ultimately led to the identification of over 100 vehicles obtained through fraudulent means.

[WATCH THE ANNOUNCEMENT LIVE STREAMED, HERE]

During the investigation several other methods of defrauding vehicle finance companies, financial institutions and payment processing companies were discovered.  Investigators learned that 21 defendants formed 54 shell companies and opened in excess of 45 bank accounts at various financial institutions to facilitate the fraudulent scheme and launder money. The total amount of fraud exceeds $5 million.

“This criminal enterprise involved a network of individuals and dozens of shell companies that allowed the ringleader to pull the strings and carry out this scam for over 3 years,” said District Attorney Stephan. “Banks, vehicle finance companies —and ultimately the consumer—are all victims of this aggressive organized criminal operation.”

The San Diego County District Attorney’s Office charged 21 defendants with more than 275 felony violations relating to their fraudulent conduct. Law enforcement made arrests and executed multiple search warrants across San Diego, Riverside and San Bernardino Counties last week. The defendants face various felony charges including money laundering, auto theft, grand theft and theft by false pretense. Thirteen of the suspects that have been arrested as part of Operation Blindside have been arraigned. One additional defendant is scheduled to be arraigned today at 1:30 p.m. in San Diego Superior Court and another defendant is in custody in Washington state. There are outstanding arrest warrants for the remaining six defendants.

During Operation Blindside, more than 100 vehicles were identified, of which 75 vehicles became the primary focus of the vehicle fraud investigation.  The estimated value of those vehicles is approximately $3.75 million dollars. The vehicles included high-end luxury vehicles, motorhomes, recreational vehicles and water crafts.

“As newer vehicles become equipped with effective anti-theft technologies, traditional methods of stealing vehicles are not as effective,” said RATT Commander James Portilla, “As a result, we have seen an increase in vehicle theft using a variety of fraud schemes.”

Defendant Bryan Orr, 34, was the ringleader of the elaborate scheme involving a network of co-conspirators.

In one scam, a straw buyer would purchase and finance a new vehicle. Thereafter, the auto loan would be paid in full by other co-conspirators.  Once the title to the vehicle was sent to the purchaser, the vehicle would be immediately re-sold. Once the sale proceeds were secured, the individuals who made the payments would falsely report the fraudulent use of their bank accounts, leading financial institutions to refund the payments that had been made on the vehicles. Immediately the funds were withdrawn and passed on to Orr. For their effort, the co-conspirators received a percentage.

The purchase of vehicles was not the only one fraudulent scheme used by Orr to steal from financial institutions. Vehicle loans, business lines of credit, and personal credit cards were issued to several of Orr’s accomplices so that he could further defraud the financial institutions.

Another fraudulent scheme involved the purchase or return of “merchandise” between the various shell companies. Once the seller withdrew the proceeds from the transaction, the buyer would dispute the purchase and receive a provisional credit from the bank. Similar to the vehicle purchase scheme, upon receipt of the refund, the funds would be withdrawn immediately or used to make fraudulent purchases with other “shell companies.” Orr used the shell companies to steal in excess of $2.5 million from banks during this time period.

One defendant created false financial documentation that enabled the purchase of vehicles by individuals with little to no income. Multiple Defendants were also involved in the sale and purchase “trade-lines.” The inflated credit rating creates a false sense of credit worthiness for lenders. Vehicle loans, credit cards and business lines of credit have been issued to several Defendants so that Orr could continue to defraud.

To create the appearance of legitimacy, fake websites were created for the various “shell companies.” The websites were researched by the financial institutions seeking to verify its customers’ employment or the existence of the business when reviewing request for refunds relating to disputed purchases.

If convicted, Bryan Orr faces over 100 years in prison.

Operation Blindside began with an investigation lead by the Regional Auto Theft Task Force (RATT). Ultimately, the investigation expanded to include investigators from the San Diego County District Attorney’s Office, National Insurance Crime Bureau, California Department of Motor Vehicles, and various other local, state and federal investigative units.

According to CHP statistics, last year 10,213 vehicles were stolen in San Diego County, a 2.8% reduction from the year before.  From January through May 2019, 4,083 vehicles were reported stolen.

[WATCH THE ANNOUNCEMENT LIVE STREAMED, HERE]

The mission of San Diego County’s Regional Auto Theft Task Force (RATT) is to collaborate effectively to reduce the incidence of vehicle and cargo theft and increase the arrests and prosecution of professional thieves using regional pro-active investigative methods and public education.  The task force is led by the California Highway Patrol and members include the San Diego Police Department, San Diego County District Attorney’s Office; San Diego County Sheriff’s Department; Chula Vista Police Department, La Mesa Police Department, National City Police Department California Department of Insurance; California Department of Motor Vehicles; National Insurance Crime Bureau (NICB); San Diego County Probation Department; United States Border Patrol; and United States Secret Service.

Office Manager Convicted of 51 Felony Counts in Massive Patient Referral Scam

Settlement Reached with AutoZone for Illegal Disposal of Hazardous Waste

From August 2013 through September 2015, District Attorneys’ offices throughout California conducted 56 inspections of dumpster bins at 49 separate AutoZone facilities. These investigations found numerous instances of unlawful disposal of hazardous waste including batteries, aerosol cans, electronic devices, and hundreds of discarded bottles and other receptacles containing automotive fluids and other regulated hazardous waste.

These investigative efforts revealed that AutoZone allowed its customers to deposit hazardous automotive fluids and other waste items into regular trash containers in AutoZone stores’ parking lots throughout California. AutoZone facilities in 45 counties in California were affected by these environmental violations. It is estimated that AutoZone disposed of over five million hazardous waste items in California.

San Diego County District Attorney Summer Stephan, California Attorney General Xavier Becerra and ten other prosecutor’s offices throughout the state, announced today that they reached an $11 million settlement with AutoZone, Inc. (AutoZone), to resolve allegations that the company violated state laws governing hazardous waste, hazardous materials, and confidential consumer information. AutoZone is charged with illegally disposing of millions of hazardous waste items, including used motor oil and automotive fluids, at landfills not authorized to accept hazardous waste. Joining in the settlement are the District Attorneys of Alameda, Monterey, Riverside, San Bernardino, San Francisco, San Joaquin, Solano, Ventura and Yolo Counties, and the Los Angeles City Attorney.

“This settlement holds AutoZone accountable for violating laws that are in place to protect the privacy of consumer information and ensure the safe handling of hazardous materials,” said District Attorney Summer Stephan. “This case serves as a reminder to corporations of the importance of abiding by environmental protection laws that safeguard the public’s health and protect our environment.”

AutoZone is a retailer and distributor of automotive replacement parts, accessories, and engine additives in North America, and owns or operates approximately 600 retail stores and a distribution center. San Diego County has approximately 50 AutoZone facilities.

Since 2009, AutoZone failed to comply with laws regulating hazardous waste and hazardous materials. The company also violated laws protecting vulnerable confidential consumer information by unlawfully disposing of customer records without having rendered personal information unreadable.

The settlement requires a monetary settlement of $11 million. This consists of $8.9 million for civil penalties, $1.35 million for supplemental environmental projects, and $750,000 for reimbursement of investigative and enforcement costs. AutoZone gets a credit of $1 million against the penalties if it incurs at least $2 million in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring AutoZone to undergo a general compliance audit and a trash receptacle audit to ensure hazardous waste and confidential consumer information are being properly disposed of at all facilities. The results of the audit must be shared with the public. The company must also comply with 23 injunctive requirements to comply with environmental protection and confidential consumer information protection laws.

The San Diego County District Attorney’s Office will receive $435,000 in civil penalties and $35,000 in attorney’s fees and costs.

News Conference DA Works With Banks, Credit Unions to Remind Employees to Report Financial Elder Abuse

DA Works With Banks, Credit Unions to Remind Employees to Report Financial Elder Abuse

When Marlene Ruiz, a bank employee for over 30 years, noticed that her elderly and wheelchair-bound client was falling victim to an obvious scam, she intervened and was able to prevent the victim from having thousands of dollars stolen from his bank account. Marlene’s story is just one example of financial elder abuse and exploitation that bank employees sometimes witness and are required to report under California Mandated Reporter laws. Coinciding with Financial Elder Abuse Awareness Month, District Attorney Summer Stephan today announced an outreach campaign to increase awareness and remind financial institution employees about their legal duties as mandated reporters when they see suspected financial elder abuse. [TWEET THIS]

“Bank and credit union employees are some of our best eyes and ears for spotting and preventing the exploitation of older and dependent adults,” said District Attorney Summer Stephan. “Employees in financial institutions can make a real difference in the lives of some of the most vulnerable in our community to help protect them from losing their life savings.”

[WATCH News Conference, here]

Studies estimate that $36.5 billion is lost annually in the United States due to elder financial exploitation. In 2018, U.S. banks reported 24,454 suspected cases of elder financial abuse to the Treasury Department, more than double the amount five years earlier. The issue of financial elder abuse is likely to grow just as the elder population increases as well. According to the Pew Research Center, an average of 10,000 Americans are turning 65 years old every day, a pace expected to continue through the year 2030. In San Diego County, during Fiscal Year 2017-2018, Adult Protective Services received 4,563 referrals that involved financial abuse allegations, 14 percent of those came from financial institutions.

The goal of the DA’s new outreach campaign is to partner with San Diego Bank and Credit Union branches to prevent financial elder abuse by reinforcing training of bank employees to identify and to report any suspicious activity before it is too late.

911 English Checklist

The outreach includes a palm card, a brochure and a training video reminding bank employees about their mandated reporting duties under the law with examples of red flags and warning signs to watch out for, as well as details on how to report any suspected abuse. The video features industry representatives from the Credit Union League and Western Bankers Association, as well as Marlene Ruiz, a local bank employee who helped prevent a financial crime before it happened. Ruiz was honored by the District Attorney’s Office as a Citizen of Courage in 2018 for her actions. In the video, DA Summer Stephan and Sheriff Bill Gore explain the importance of reporting any suspected financial elder abuse.

“The San Diego County Sheriff’s Department takes all reports of financial elder abuse seriously,” said Sheriff Bill Gore.  “Our Financial Crimes and Elder Abuse Units work closely with the District Attorney’s Office to investigate and pursue those who take advantage of this vulnerable population.”

The DA’s Office will distribute these materials to all the banks and credit unions in San Diego County. The outreach also involves collaboration and participation from the two major sectors of financial institutions, the Credit Union League and Western Bankers Association.

“Our association was proud to work with the California Legislature to enact the Financial Elder Abuse Reporting Act in 2005, and proud to support the legislation making the act permanent in 2011,” said Steve Andrews, president and CEO of the Western Bankers Association. “Our member banks are committed to helping prevent financial abuse of the elderly, and have dedicated millions of dollars to train bank employees to recognize the warning signs of potential abuse of our seniors. We applaud District Attorney Stephan’s efforts to draw attention to this devastating crime, and we are so pleased to be a part of this important awareness campaign in San Diego County.”

“SDCCU is in full support of the District Attorney’s new outreach campaign to help stop elder financial abuse. We applaud their efforts and will do our due diligence to help stop this crime,” said Teresa Campbell, president and CEO at SDCCU, which is a member of the California Credit Union League. “At SDCCU, security of our members is of the utmost importance. As San Diego’s largest locally owned credit union and a member of the California Credit Union League, we encourage all credit unions in the County to use these materials to train front-line staff on identifying red flags and remind them that they are required to report suspected abuse.”

In California, the law defines employees of financial institutions, including all banks and credit unions, as legally required to report suspected elder and dependent adult financial abuse whether they have direct contact or handle a transaction with him/her, or even just observe an incident they suspect may be financial abuse. [TWEET THIS]

[WATCH News Conference, here]

Gavel. Medical Office Manager in Massive Insurance Fraud Sentenced

Medical Office Manager in Massive Insurance Fraud Sentenced

The San Diego County District Attorney’s prosecution of Operation Backlash, a large scale, undercover, joint federal and state investigation into multi-million dollar fraud and illegal kickbacks in the California workers compensation has moved forward as another defendant in the state’s case was sentenced.  Operation Backlash is the largest healthcare insurance fraud scheme in the history of San Diego County. It resulted in both federal and state charges.

Gonzalo Paredes, 63, was sentenced to five years in state prison on June 14, after a jury trial in November resulted in convictions on 51 felony counts.

Paredes was the office manager for Advanced Radiology, owned by radiologist Ronald Grusd, M.D.  The United States Attorney’s Office previously convicted Grusd on 39 federal felony counts for paying illegal kickbacks for patient referrals. Grusd was sentenced to 10 years in federal prison.

According to the evidence presented at Paredes’ state trial, Grusd and Paredes paid kickbacks to a high volume San Diego-based chiropractor and the chiropractor’s “marketers,” in exchange for referral of patients to Advanced Radiology.  Advanced Radiology provided MRIs and other medical procedures to unwitting patients, allowing Advanced Radiology to bill large amounts to workers compensation insurance companies.  Advanced Radiology paid more than $225,000 in kickbacks and billed insurance companies over $5 million dollars during the time period covered by the state Indictment.

As the office manager for Advanced Radiology, Paredes helped negotiate kickback agreements, handled day-to-day-interactions with co-conspirators, processed and reconciled covert invoices for illegal payments, and prepared kickback payment checks.

The District Attorney’s Office worked hand-in-hand with the FBI, California Department of Insurance, and the United States Attorney’s Office in the investigation and prosecution of Paredes.

“Unwitting patients were treated simply as opportunities for criminals to bill insurance companies by these defendants,” said San Diego County District Attorney Summer Stephan. “Kickbacks in exchange for patient referrals are illegal because they influence and cloud a doctor’s judgement. The relationship between a doctor and patient should be about the patient’s health and not the doctor’s wealth.”

“We have closed this chapter on the largest healthcare fraud case in San Diego’s history thanks to the hard work of our investigators and the District Attorney’s Office,” said Insurance Commissioner Ricardo Lara. “Paredes will be held accountable for his crimes, and should serve as a warning to others that we will do everything within our power to bring justice to those who put cash before patient care.”

Illegal kickbacks and fraud pose a large and costly problem in the California workers compensation system.  According to the California Department of Industrial Relations, over $1 billion in workers’ compensation liens have been stayed by operation of law as a result of the charges against Operation Backlash defendants.

In addition to a 10-year prison sentence for Grusd, two other defendants involved in the scheme were also convicted. Alexander Martinez, 41, was sentenced to three years in state prison and Ruben Martinez, 62, was sentenced to two years, eight months in state prison.  Both men also received sentences of 33 months as part of a federal prosecution.