DA Acts to Reduce Jail Population, Protect Public Safety

DA to Notify Victims of Expedited Prisoner Release

San Diego County District Attorney Summer Stephan said today her office has set up a special team tasked with locating and notifying local crime victims that a prisoner connected to their case is being released early by the California Department of Corrections and Rehabilitation (CDCR). DA Stephan is also providing connections to victim resources, such as counseling and information on how to obtain a restraining order. [TWEET THIS]

TCDCR announced its decision last month to start expediting the release of certain, high-risk medical inmates, and certain inmates with less than a year remaining on their sentence, in an effort to lower the prison populations amid the COVID-19 pandemic. If they meet specific conditions, CDCR estimates up to 8,000 currently incarcerated individuals could be eligible for release across the state by end of August. So far, the San Diego District Attorney’s Office has received notification that hundreds of prisoners have been released.

Unfortunately, neither crime victims nor the District Attorney are being given the opportunity to voice public safety concerns or object to the early releases and CDCR is only notifying victims registered with CDCR. District Attorneys around the state have stepped up to notify victims that inmates are being released.

“We were very concerned that with CDCR focused on reducing the prison population due to the pandemic, victims were not getting any opportunity to be heard in this process, nor was CDCR notifying victims so they can take steps to provide for their safety,” said District Attorney Summer Stephan. “While many of the inmates being released were already nearing the end of their terms, CDCR is also releasing inmates who were sentenced to life terms for very serious offenses. We requested notice before San Diego releases began taking place, and we were able to get assurances in that regard. CDCR is now sending out expedited release notices to our office and our team is working quickly to notify affected victims whom we are able to locate in the short notice we will have, and provide any needed resources.”

More details about prisoners eligible for release can be found here.

CDCR has said it will follow post-release requirements under the law, such as transferring offenders to county probation or remaining under state parole.

Any victim of crime concerned about an early release especially if not registered with VINE or who may have moved or changed numbers since the crime, should contact the District Attorney’s Victim Services Division at 619-531-4041. [TWEET THIS]

DA Responds to Spike in Overdose Deaths; New Digital Outreach Campaign Launches

DA Responds to Spike in Fentanyl OD Deaths

The San Diego County District Attorney’s Office announced today that it is kicking off the third and final phase of an extended opioid awareness outreach campaign. The San Diego Opioid Project is designed to educate and change behavior and ultimately reduce opioid overdose deaths in the County. The launch comes just one week after law enforcement officials warned the public about an alarming spike in fentanyl-related overdose deaths the first six months of this year.

This latest phase of the San Diego Opioid Project focuses on laced substances and warns people who might take illegal opioids they obtain from a friend or a drug dealer that they may be laced with deadly substances such as fentanyl. [TWEET THIS]

You can watch the flagship video in English or in Spanish.

In 2019, there were 152 fentanyl-related overdose deaths in San Diego County. But in the first six months of this year, there are likely already 203 fentanyl-related deaths, of which 119 have been confirmed and another 84 are pending confirmation.

“This latest phase of the campaign couldn’t come at a more important time, given the disturbing uptick in overdoses we’re seeing,” said San Diego County District Attorney Summer Stephan. “We’ve seen a good response to the first phase of this outreach and our hope is that this latest push comes at a time when we’re not just educating the public but saving lives.”

The District Attorney’s office and San Diego County Health and Human Services Agency partnered on the campaign. The San Diego County Board of Supervisors voted unanimously to support the innovative outreach. 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 addressed the misconception that people think they can abuse prescription opioids ‘safely.’ It educated 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 focused on how quickly people can overdose while others around them may not even notice.

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.

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

DA Files Hate Crime Charges in Connection with BLM Protest in Imperial Beach

DA Files Hate Crime Charges in Connection with BLM Protest in Imperial Beach

The San Diego County District Attorney’s Office said today it has filed felony assault and battery charges and hate crime allegations against two men who assaulted a Black journalist covering a peaceful Black Lives Matter protest in Imperial Beach. Jeffrey Brooks, 38, and Henry Brooks Jr., 32, are out of custody and have warrants for their arrest. Their arraignment dates have not yet been set. [TWEET THIS]

The charges stem from an incident on June 7, during which Black Lives Matter protesters were peacefully marching in Imperial Beach. The defendants began verbally and physically antagonizing the protesters, and Henry Brooks Jr. threw eggs at them. While recording the scene, the victim was sucker punched in the head by Jeffrey Brooks, causing him to fall backwards and hit his head on the ground.

“Protecting our community from hate crimes is a priority for my office because hate erodes our right to equality and fairness, and it leaves an impact on the victim and everyone who shares the victim’s race.”  District Attorney Summer Stephan said. “We will not tolerate the intimidation or violent interference with protesters or a journalist who are exercising their First Amendment rights.”

If convicted of all charges, Jeffrey Brooks faces three years in custody and Henry Brooks Jr. faces six years.

In both 2019 and 2018, the District Attorney’s Office filed hate crime charges against 30 individuals. The number represents a continued increase from cases filed in previous years. Historically, race-based hate crimes make up between 50 and 60 percent of all hate crimes in the County.

Earlier this year, the District Attorney’s Office set up a new online form and hotline where the public can report suspected hate crime they’ve witnessed in San Diego County. The tool is partly in response to reports of hate-related incidents aimed at the Asian community across the nation in the wake of the COVID-19 pandemic, as well as the arrest of a 66-year old man in San Diego, who physically attacked a man he perceived to be Chinese-American.

“We know that people often don’t report hate crimes because of fear or shame, and we wanted to provide a direct avenue to encourage victims or witnesses to hate crimes to report,” DA Stephan said. “People can and should continue to report hate crimes to their local police departments and Sheriff’s Department. This additional reporting mechanism will act as a safety net and help ensure reports are reviewed and shared by law enforcement.”

The online reporting form can be found on the District Attorney’s website hereThe Hate Crimes Hotline number is 619-515-8805.

Individuals submitting information about a suspected hate crime will be contacted with information about the DA’s review of the report and any action that may be taken. The public is reminded that hate speech in and of itself often does not rise to the level of a hate crime, but it could escalate to criminal behavior. By law, a hate crime is a criminal act committed against an-other person that is motivated by prejudice against a person’s race, ethnicity, religion, gender, sexual orientation or disability. [TWEET THIS]

Fentanyl Overdose Deaths Spike in San Diego

Fentanyl Overdose Deaths Spike in San Diego

Law enforcement officials from across the county are warning the public about a sharp increase in overdose deaths connected to the highly potent and often deadly drug, fentanyl. [TWEET THIS]

In 2019, there were 152 fentanyl-related overdose deaths in San Diego County. But in the first six months of this year, there are likely already 203 fentanyl-related deaths, of which 119 have been confirmed and another 84 are pending confirmation. This year’s deaths have occurred in all areas of the county. Victims ranged in age from 17 to 66-years-old, with the average age being 37.

The joint warning about fentanyl-laced drugs comes from the San Diego County District Attorney, U.S. Attorney, Drug Enforcement Administration (DEA), San Diego County Sheriff’s Department, San Diego Police Department, San Diego County Health and Human Services (HHSA) and San Diego County Medical Examiner.

“This alarming uptick demonstrates that dealers continue cutting various illegal drugs with fentanyl and now more than ever it’s a recipe for death,” said District Attorney Summer Stephan. “The public needs to be aware of the danger of using any controlled substance even if packaged like a harmless medicinal pill. Higher overdose numbers tell us there’s likely more product on the street in San Diego that may be laced with deadly fentanyl. I’m urging you to share this potentially life-saving message with your loved ones today.” [TWEET THIS]

“While buyers may think they’re getting cocaine, oxy or Xanax, in reality they’re playing a high stakes game of Russian roulette,” said United States Attorney Robert Brewer. “When it comes to fentanyl, there’s no truth in advertising and you can forget about quality control. Hundreds of unknowing buyers end up ingesting a deadly dose of fentanyl, which has left scores of grieving San Diego families in its wake this year.”

COVID19 Estafas2 Grafica

Dr. Luke Bergmann, the Director of Behavioral Health for the San Diego County Health and Human Services agency warned that amid the COVID-19 pandemic, people may turn to substance abuse to deal with stress.

“It is critical in this time of mental health vulnerability and social isolation, with pervasive high rates of anxiety and depression, that people with substance use disorder are aware of the heightened risks of fentanyl and that they get access to harm reduction and care services for addiction,” Dr. Bergmann said. “With physical-distancing requirements in place, local treatment providers have expanded their tele-health capacities. Anyone can get immediate and long-term help over the phone or in person.” [TWEET THIS]

The District Attorney and U.S. Attorney are prosecuting several cases involving people who have overdosed on fentanyl this year. These cases are investigated by a DEA-led task force, the Sheriff’s Department and other local law enforcement agencies.

  • In January, a 28-year-old smoked a powdery substance given to him by a friend. His mother found him unresponsive in the living room of her home. He was pronounced dead from a fentanyl overdose.
  • In February, a 20-year-old suffering from anxiety, consumed a counterfeit oxycodone pill before going to bed. His roommates found him dead in the morning from a fentanyl overdose.
  • In May, a 19-year-old purchased two Percocets from a friend. He consumed both pills and subsequently died from an overdose. He had fentanyl in his system at the time of his death.

“The health and safety of our community is a top priority for DEA, which is why we have an entire DEA-led task force team dedicated to investigating the sources of the drugs causing these deaths,” said DEA Special Agent in Charge John W. Callery. “However, DEA’s main goal is stopping deadly drugs from making it to the streets of San Diego. Since January, law enforcement agencies in San Diego have seized over 12,000 kilograms of fentanyl and methamphetamine, likely preventing additional deaths in our community. Also, if it weren’t for the outstanding work of our first responders in saving lives of those who have overdosed, the number of deaths in San Diego would be much higher. The DEA wants to remind the public that medications not obtained from legitimate pharmacists and illicit drugs like methamphetamine, can be laced with fentanyl and could result in your death.”

Counterfeit pills account for a majority of the overdose deaths the San Diego County Medical Examiner sees.

“Deaths specifically from fentanyl or fentanyl in combination with other drugs in San Diego County are have been increasing for years, almost exponentially really, since 2016,” said San Diego County Medical Examiner Dr. Glenn Wagner. “So far this year, pending confirmation, we will have seen more than 200 fentanyl overdose deaths, whereas by this same time last year we had only seen 84. Years ago when we saw a death from fentanyl toxicity, it was usually someone misusing an excess of their legally prescribed medicine; but today almost all of the fentanyl deaths that we see result from people that have taken counterfeit pills sold illegally as oxycodone or alprazolam (but containing fentanyl instead of the other drugs). These pills are deadly and even just part of one pill kills.”

Fentanyl, a synthetic opioid, is 50 to 100 times more potent than morphine, and up to 50 times more potent than heroin. Even tiny doses, as little as two milligrams, the size of two grains of salt, is a fatal dose for most people. [TWEET THIS]

Treating fentanyl overdoses often requires additional naloxone to reverse the effects of the drugNaloxone is a medication that temporarily blocks the toxic effects of opioids, or “reverses” an opioid overdose. More doses of naloxone are sometimes needed to reverse fentanyl overdoses, compared to other opioid overdoses, due to the potency of fentanyl.

“The San Diego County Sheriff’s Department continues its commitment to fighting the opioid epidemic in the region,” said Sheriff Bill Gore. “Sheriff’s detectives, task force members and patrol deputies regularly encounter and seize fentanyl and fentanyl-laced illicit drugs. The potency of fentanyl is so extreme, deputies and evidence specialists must take unique precautions to prevent deadly exposure. We continue to commit resources toward the investigation and arrests of offenders who manufacture, traffic and distribute this deadly narcotic.”

First responders in the San Diego Police Department see the tragic effects of fentanyl too often.

“The far-reaching devastation of fentanyl is measured in human lives and affects everyone from the tragically addicted to the first-time user,” said San Diego Police Chief David Nisleit. “Our first responders are also forced to bear witness to the lives stolen and mourning families left in its wake of destruction. As if this were not enough, there are also the dangers of secondary exposure to fentanyl due to its lethal potency, which can easily contaminate persons, vehicles and even entire homes. The San Diego Police Department’s commitment to the value of human life does not stop at physical safety, but rightfully extends to the hope that everyone has the opportunity to thrive. The threat fentanyl brings against both these goals cannot be overstated.”

Anyone who needs help with drug addiction can call the San Diego County Access and Crisis Line 888-724-7240 or 2-1-1 San Diego. Both resources are available 24/7. [TWEET THIS]

[EN ESPAÑOL]

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

Suspect Arraigned in 33-year-old Cold Case Homicide

A 57-year-old Poway man has been charged with murder and rape in connection with the 1987 murder of Julia Hernandez-Santiago, whose body was found on an ivy-covered embankment in the 2100 block of Alga Road in Carlsbad 33 years ago. [TWEET THIS]

James Kingery was arraigned Tuesday in the Vista Courthouse.

“When a murder goes unsolved, not only is justice delayed, but families are left in turmoil with no closure,” District Attorney Summer Stephan said. “Working with Carlsbad Police Department detectives, who never gave up, our office is bringing a measure of justice to Ms. Hernandez-Santiago’s family and giving hope to other victims in unsolved cases.”

Since it was established in 2003, the Cold Case Homicide Unit has played a role in solving and prosecuting numerous murders. The victims have come from all walks of life and from all areas of the county. The victims have included children and the elderly. The oldest case solved and prosecuted by the unit involves a murder that occurred in 1971, although cases have been reviewed that date back to the 1960s.

In 2014, the Cold Case Homicide Unit was successful in achieving convictions against two men who ambushed and murdered Benjamin Clark in 2001. Through a collaborative effort with the San Diego Police Department, the DA was able to close the case involving the murder of 14-year-old Claire Hough, a Rhode Island native who was murdered in 1984 while on vacation in San Diego. In addition to actively prosecuting other cases, the Unit was finally able to prosecute Vincent Walters who had eluded arrest since he kidnapped and murdered Kristine Reyes in 1988. Walters was captured in Mexico on a warrant issued immediately following the murder and was extradited back to San Diego to answer for his crimes. He was convicted in 2015 and sentenced to 32 years-to-life in prison.

The District Attorney’s Office prioritizes solving old cases through it’s Cold Case Unit, which has dedicated and experienced investigators and prosecutors that use the latest forensic evidence technology to deliver justice to victims.

If convicted of all charges, Kingery faces 33 years-to-life in prison. [TWEET THIS]

Bill to Help Victims of Sex Assault Approved in Senate Public Safety Committee

A bill sponsored by the San Diego County District Attorney’s Office establishing an amnesty clause to encourage victims and witnesses of sexual assault to testify in court once again received bipartisan support this morning and passed on consent out of the Senate Public Safety Committee. The bill is authored by Assemblymember Tasha Boerner Horvath. [TWEET THIS]

AB 1927 would provide immunity for victims and witnesses of sexual assault from the consequences of illegal alcohol or drug use occurring at the time of their alleged assault. Higher education institutions nationwide, including the University of California, have already implemented such amnesty clauses on their campuses. Under current law, victims must go through a process that requires them to be compelled to testify in court before it can be granted. This process unnecessarily increases trauma to the victim by requiring them to appear in front of a judge for offenses unrelated to the sexual assault.

“The last thing we want is for the criminal justice system to re-victimize people who bravely come forward to report crimes,” said San Diego County District Attorney Summer Stephan, the bill’s sponsor. “We can’t continue to have a system which treats victims like criminals for using the very same drugs or alcohol which often are fueling their abusers’ crimes.”

According to the Federal Bureau of Investigation (FBI) 2018 Uniform Crime Reporting, California had more than 15,000 reported forcible rapes – the highest number in the United States. The Bureau of Justice Statistics reports that this problem is particularly prevalent among college-age students – approximately 80 percent of sexual assaults against college students, and 67 percent of non-students, go unreported.

“We all know too well that sexual assault is the most underreported violent crime in America,” said Assemblymember Boerner Horvath. “Many victims and survivors do not come forward for fear of retaliation, even fear of being blamed for the assault. This bill will empower them to report the abuse without fear of prosecution. Today’s vote brings us closer to extending the same amnesty already provided on college campuses to sexual assault victims and witnesses throughout California.”

AB 1927 will be heard next on the floor of the Senate.  [TWEET THIS]

District Attorneys and US Attorney Join Forces Online to Prevent DV and Child Abuse During COVID-19

District Attorneys and US Attorney Join Forces Online to Prevent DV and Child Abuse During COVID-19

Human rights groups have named it the “shadow pandemic.” Aid organizations are scared for the well-being and survival of victims of family violence. Prosecutors worry that they will not receive help and domestic abusers will not be brought to justice.

As the shelter in place order aims to slow the spread of COVID-19, an unintended but alarming consequence has emerged: adults and children suffering from abuse in the home find themselves trapped with their abuser, unable to report to and seek safety from the people and places they normally go.

To combat this unique risk to victims of domestic violence and child abuse during COVID-19, the elected District Attorneys of San Diego, Alameda, and Sacramento Counties and the United States Attorney for the Eastern District of California worked together and with Facebook to create a digital public awareness campaign aimed at reaching out to both adult and child victims of interpersonal violence, including a Facebook Live panel presentation that streamed on Friday, July 10, and is available to watch here.  The information and insights they provide will aim to help anyone who is suffering violence in the home or to anyone who fears for a loved-one. This conversation may very well save a life.

The public awareness messages are visible on Facebook and other social media platforms; a new post made visible each day for two weeks provides information on resources, helplines, and services vital to reporting abuse and escaping the violence. A 60 second video visible on Facebook has reached more than 33,400 people in San Diego County and 136,971 people state-wide over the initial four-day period of airing.

The campaign also offers information for concerned friends, family or teachers on how someone can help to protect a loved-one who is confined in the same spaces with their abuser for prolonged periods of time due to COVID-19, limiting privacy and exacerbating threats to their safety. Tools available through social media provide opportunities to reach both victims and witnesses of this abuse with support and guidance on how to get help.

Funding Approved for Mental Health Diversion

Funding for Mental Health Diversion

The San Diego County District Attorney’s Office announced funding today for a new initiative that will divert people with serious mental illness away from the justice system and into treatment, the first of its kind in the County. The program received support today from the County’s Board of Supervisors, which authorized a contract to receive $3,328,000 in grant money from the Department of State Hospitals (DHS). The funding will establish San Diego County’s first formal pre-trial mental health diversion program, expanding community-based treatment and reducing the number of people who cycle through psychiatric crisis and jail due to untreated mental illness. [TWEET THIS]

[WATCH VIDEO OF BOARD OF SUPERVISORS MEETING DISCUSSION OF THIS PROGRAM]

“There needs to be a sea change in the way we address the needs of people living with mental illness in our community who find themselves involved with the criminal justice system,” said District Attorney Summer Stephan. “Today is another big step forward in a progressive new approach that is improving the way the criminal justice system handles individuals with serious mental illness, while still keeping our neighborhoods safe. It is also an example of the dynamic innovation and collaboration between our justice partners and Behavioral Health Services here in San Diego. An important focus of this grant initiative was providing equal access and equitable treatment for participants with serious mental illness and providing an evidence-based humane solution to the complex intersection of mental health, homelessness and criminal justice. I want to thank our County’s Public Safety Group for coordinating the grant application as well as Dr. Luke Bergmann, Director of Behavioral Health Services, for his continued partnership.”

Recognizing the significant nexus between mental health, substance abuse and criminal justice, the District Attorney’s Office brought more than 200 stakeholders and experts together to map the intersection of mental health, homelessness and criminal justice, to better-identify problems and recommend concrete solutions.

As a result, the DA released its Blueprint for Mental Health Reform: A Strategic New Approach Addressing the Intersection of Mental Health, Homelessness and Criminal Justice in San Diego County last year, which includes system reform recommendations to improve public safety outcomes. The 70-page document contains 30 specific recommendations for how law enforcement and the justice system can better respond to people facing mental health challenges, including the pre-trial diversion program that got the green light at today’s Board of Supervisor’s meeting.

California law allows a court to postpone criminal prosecution for up to two years, under certain circumstances, and instead refer individuals to community-based treatment that meets their specialized mental health needs. The DSH funding supports county diversion programs for a particular subset of all people who may be eligible for mental health diversion: individuals charged with felonies, with diagnoses of schizophrenia, schizoaffective disorder, and bi-polar disorder, who are at risk of being ruled incompetent to stand trial.

Partners in the proposed mental health diversion program include the District Attorney’s Office, the Sheriff’s Department, the Public Defender, the Health and Human Services Agency, the Probation Department, and the Superior Court. The program design is based on San Diego County’s successful Behavioral Health Court, and will provide, among other things, Assertive Community Treatment, wraparound services, case management, life skills, medication management, benefits assistance, peer support and community linkages.  The funding will support treatment and housing for approximately 30 participants at any given time during the contract period. [TWEET THIS]

CarMax Settles Environmental Lawsuit

CarMax Settles Environmental Lawsuit

A years-long undercover investigation found that CarMax Auto Stores in California were caught illegally dumping hazardous material in trash dumpsters including auto body sanding dust, sanding pads, automotive paints, clear coats, solvents, non-empty aerosols, and other hazardous substances used during the auto body repair process. Out of the numerous stores in California, two San Diego County locations in Kearny Mesa and Escondido were found to be out of compliance. [TWEET THIS]

The San Diego County District Attorney’s Office along with 16 other District Attorney’s Offices in California, settled the environmental protection action against CarMax Auto Superstores California, LLC. The settlement was based on the unlawful handling and disposal of various hazardous materials and hazardous wastes from 2014 to 2020 year. The action was filed in Orange County Superior Court.

“This settlement holds CarMax accountable for violating laws that are in place to protect the environment,” District Attorney Summer Stephan said. “These types of investigations and settlements are a reminder to corporations that they have a responsibility to be a good steward to our environment or face consequences.”

CarMax Auto Superstores California, LLC is an automotive retailer that operates more than 190 dealerships in at least 28 states, including California. In the ordinary course of business, CarMax handles, transports, stores, manages, uses and disposes of hazardous materials. Additionally, it generates regulated quantities of hazardous waste from its automotive inspection, service and repair departments. Numerous inspections by the California Department of Toxic Substances Control along with local environmental regulators found that CarMax facilities were out of compliance with the hazardous materials and hazardous waste laws. The San Diego Department of Environmental Health and District Attorney Investigators from several counties conducted undercover inspections of CarMax’s trash containers, which revealed the illegal disposal of hazardous auto body sanding dust, sanding pads, automotive paints, clear coats, solvents, non-empty aerosols, and other hazardous substances used during the auto body repair process.

In accordance with the Hazardous Waste Control Law and Hazardous Materials Release Response Plans and Inventory Law, the stipulated judgment mandates training, reporting and compliance with the regulations on hazardous materials, and hazardous wastes. The settlement totaling $1.6 million requires CarMax to pay $1 million in civil penalties and $300,000 for investigative costs. The San Diego County District Attorney’s Office will receive $55,385 in penalties and $3,250 in costs.

CarMax will also make an additional payment of $300,000 to fund supplemental environmental projects furthering consumer protection and environmental enforcement in California. CarMax was cooperative throughout the investigation and implemented training and compliance programs at each of its facilities.

The case was brought in conjunction with the District Attorney’s Offices of Orange, Riverside, Los Angeles, San Bernardino, Fresno, Stanislaus, Kern, Ventura, Sacramento, Alameda, San Diego, Solano, Sonoma, Santa Clara, San Mateo and Contra Costa counties, where CarMax facilities are located. [TWEET THIS]

Gavel over books.

Welk Resorts to Pay up to $5.5 Million to Settle Consumer Protection Lawsuit

After receiving hundreds of complaints about consumers feeling duped when purchasing timeshares at Welk Resorts, investigators found the California-based company was violating numerous legal requirements set in place to protect consumers from receiving less than they bargained for. Resort vacationers, who wanted to guarantee future vacations at Welk Resorts, were made to believe they were buying real estate, that the value of their investment would increase and that they could easily refinance their purchase, or that they would have easy access to premier vacation spots during high-profile dates such as Christmas or New Year’s. In actuality, none of those things were the case.

As a result of the investigation, Welk Resorts, Inc., which markets and sells timeshares, will pay up to $5.5 million to settle a consumer protection lawsuit that it misled purchasers of its Platinum Program as a result of its timeshare sales practices. The complaint, filed today in conjunction with a proposed Stipulated Final Judgment settling the case, alleges Welk Resorts made untrue or misleading statements and omissions to consumers who purchased a timeshare in its Platinum Program in violation of the Vacation Ownership and Time-Share Act of 2004, codified at California Business and Professions Code section 11210 et seq. (VOTA).

The bottom line is consumers need to know what they are getting up front without false promises,” said San Diego County District Attorney Summer Stephan. “The law protects consumers by prohibiting timeshare salespeople from overpromising with misrepresentations. Truthful disclosures are especially important in a high-pressure sales environment such as timeshare sales. The expertise in our DA’s Consumer Protection Team was brought to bear to protect consumers from false promises in purchasing timeshares.

As part of the settlement, Welk Resorts will pay $2 million in penalties and up to $3.4 million in restitution to Welk Resorts timeshare purchasers who were subject to false or misleading statements made during timeshare sales presentations between January 1, 2011 and March 31, 2016. The terms of the Stipulated Final Judgment, which contains no admission of liability, were negotiated with the San

Diego County District Attorney’s Office and the California Attorney General’s Office. The California Department of Real Estate provided valuable assistance investigating consumer complaints. The Stipulated Final Judgment is subject to court approval.

“Today’s settlement sets an unprecedented example for the timeshare industry – you cannot violate the law and expect to get away with it,” said Attorney General Xavier Becerra. “This settlement is a significant win for California consumers. It provides victims with the largest consumer relief package ever obtained by the People for violations of the Vacation Ownership Timeshare Act, returning money to the pockets of those cheated by Welk.”

Welk Resorts worked promptly and cooperatively throughout the investigation of the allegations being resolved through the Stipulated Final Judgment and made changes and revisions to its vacation timeshare sales practices and procedures during the pendency of the People’s investigation.  These changes and revisions included the development and implementation of a VOTA compliance program, that required the creation of new sales training manuals, mandatory sales training, and retention of compliance counsel. Welk Resorts also implemented a policy and practice of recording contract review and signing sessions by video and audio, when possible, subject to the purchasers’ consent.

Media inquiries for Welk can be addressed to Julie Wright at jwright@wrightoncomm.comWelk owners who have questions can visit www.welkresorts.com/resolution for more information as it becomes available.

The case was handled for the San Diego District Attorney’s Office, Consumer Protection Unit, by Deputy District Attorney Colleen E. Huschke and Deputy District Attorney Steve Spinella.