With Schools Closed, Children More Susceptible to Exploitation

With Schools Closed, Children More Susceptible to Exploitation

Now that school campuses have been closed since mid-March in response to the COVID-19 pandemic, law enforcement officials and human trafficking watchdog groups are concerned students are more susceptible than ever to sexual exploitation because teachers and school staff aren’t able to make the same observations as they would in person. Educators often act as law enforcement’s eyes and ears, noticing some of the telltale signs that a student is being groomed or sexually exploited by a trafficker. [TWEET THIS]

The San Diego Trafficking Prevention Collective, which was formed last year, is now providing online training to teachers in order to continue their mission of bringing human trafficking education, prevention and awareness training into every public school in San Diego County.

“Just because kids are not physically in schools, does not mean they aren’t at risk of being recruited into the dangerous world of human trafficking,” District Attorney Summer Stephan said. “Now that students are all spending more time online, they are a captive audience for would-be traffickers making contact on social media, which means we have to expand our efforts to educate them to prevent them from falling victim to predators.” [TWEET THIS]

Reports of technology-based exploitation have tripled to the National Center for Missing and Exploited Children amid the COVID-19 pandemic.

The Collective has responded to this increased danger by educating students, parents and teachers through virtual Teacher Academies, live presentations and self-paced web platforms. While teachers have less access to supervising students the Collective provides additional parent and community resources to equip families in their home environment. It has also increased online trainings for teachers and specifically as it relates to online safety in collaboration with Child Welfare Services.

The San Diego Human Trafficking Task Force is seeing an increase in the number of cases involving juvenile victims since the COVID-19 emergency started. In the majority of these cases, they have found evidence of the trafficker recruiting and grooming the victim over social media.

“Social media is the number one recruiting method for traffickers,” said Geanie Franco, Commander for the San Diego Human Trafficking Task Force. “Parents should know what sites their children visit and talk to them about the ways strangers could try to entice children online.”

In the year since it launched, the Trafficking Prevention Collective group has trained 6,073 teachers in 280 schools and has interacted with more than 12,000 students. The San Diego Trafficking Prevention Collective is a multistage educational program that combines early childhood education, participatory theater, and classroom-based curriculum to decrease the number of children involved in human trafficking within San Diego County. The Collective’s website has been enriched with more robust content that brings awareness to the fact that nearly all high schools have reported cases of human trafficking.

“We were on a good trajectory of training teachers and students when the pandemic suddenly brought classes to a standstill, so we had to look at other ways to get the word out,” said Catherine Hanna Schrock, program and artistic director for kNOw MORE, a drama-based interactive training for students and families.

When it launched last year, the Collective obtained a four-year grant to fund the critical training, helping school districts comply with a law passed in 2017 requiring schools to provide a human trafficking curriculum. This first-of-its-kind partnership between the District Attorney’s Office and the private sector brought three unique programs to schools under the Collective’s umbrella: PROTECT, Project ROOTS, and kNOw MORE.

The grant has been funded by the UBS Optimus Foundation and several of its donors, which identified San Diego as a region with opportunities to augment its approach to human trafficking prevention and education.

San Diego is on the FBI’s list of top 13 cities for trafficking children. Human trafficking and research estimates that San Diego has an underground sex economy worth $810 million a year. Victims can be anyone – women, men, children, U.S. citizens or foreign nationals. However, in the area of sex trafficking, minors are particularly vulnerable targets. Social media is an easy way for traffickers to access and exploit children. The public can follow the Collective at @sandiegotpc on Twitter, Facebook and Instagram. [TWEET THIS]

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PROTECT (PRevention Organized to Educate Children on Trafficking) – a 3 Strands Global Foundation program – is a holistic classroom education program that provides teachers and students with a comprehensive understanding of the dangers and signs of human trafficking and exploitation. Online or in-person staff training, instructional resources and curriculum are available to teachers in elementary, middle and high school. PROTECT helps teachers identify vulnerable students and connect them to the appropriate resources.

Project ROOTS – a PCI program – is an after-school program that addresses the root causes of gender-based violence, exploitation, and unhealthy relationships through group mentoring and social emotional learning. Project ROOTS has adapted several activities that parents can do at home with their children, covering emotional well-being, online and social media safety, and practicing empathy.

kNOw MORE – a Point Loma Nazarene University-Center for Justice and Reconciliation program – is a student-centered human trafficking awareness and prevention curriculum for middle and high school students. The program provides a drama-based interactive training for students and their families. kNOw MORE has created a digital version of the popular drama-based and survivor-led program in which staff works with schools to craft a suitable program delivery plan that meets the needs of each school.

Beware of COVID-19 Economic Impact Payment Scams

Organized Auto Theft Scam Targeting Latino Community

For the past several months, RATT Investigators have identified numerous cases related to a carjacking/extortion series. Suspects are advertising job postings on social media job groups, searching for drivers interested in transporting large sums of money from San Diego County to Los Angeles County, often for a payment of several thousand dollars.  Victims contact the potential employer who explains the job is completely legal and would require the victim to meet with them at a pre-designated location in Southern San Diego County, typically in locations close to the border. [TWEET THIS]

Once at the locations, the victims are approached by a suspect who claims he would need to take the victim’s vehicle to be loaded with money at an undisclosed location. The victims surrender their vehicle, which is immediately driven into Mexico. Several victims report the suspect displays a concealed firearm at the first sign of reluctance in surrendering their vehicle. Several victims are later contacted by the suspects, demanding they wire funds to an account in exchange for the return of their vehicle. The vehicle is not returned regardless of meeting the demands.

The incidents are believed to be related to an organized criminal group, based out of Mexico.  The suspects target exclusively members of the Spanish speaking Latino Community.  Most of the victims are from the Los Angeles Area.  The RATT Commander, California Highway Patrol Captain James Portilla asks the Latino Community to “be cautious when responding to job offers advertised via social media outlets from private parties.  We have had 17 victims over the last several months with a total vehicle loss of approximately 474,000 thousand dollars.” The following are several red flags to look out for, which may be useful in helping to avoid falling victim:

  • The suspects appear to target social media job groups focused on a Spanish speaking audience
  • The suspects appear to primarily target Los Angeles residents, but not exclusively
  • The suspects often ask the victim for their vehicle’s description prior to providing a meet location, targeting newer SUVs and trucks
  • If the victim does not own or have access to an SUV or truck, the suspect requests the victim to rent one for the job

If you do transactions with private parties, it’s safer to meet at a police station.

If you believe you are one of these victims or have information, please contact the San Diego County Regional Auto Theft Task Force at (858) 627-4000.

[TWEET THIS]

About the Regional Auto Theft Task Force (RATT)

The mission of San Diego County’s Regional Auto Theft Task Force (RATT) is to collaborate effectively to reduce the incidence of vehicle 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 County District Attorney’s Office; San Diego County Sheriff’s Department; the police departments in San Diego, Chula Vista, National City and La Mesa; the United States Border Patrol; The United States Secret Service; the Department of Motor Vehicles; California Department of Insurance and the National Insurance Crime Bureau.

DA Establishes New Hate Crimes Hotline

DA Establishes New Hate Crimes Hotline

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District Attorney Summer Stephan announced today her office has set up a new online form and hotline where the public can report suspected hate crimes 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. [TWEET THIS]

“Fighting hate crimes in all its forms is a priority for my office and these crimes won’t be tolerated,” said District Attorney Summer Stephan. “The COVID-19 health crisis has created some concern among victims of crime who may be unsure if law enforcement and prosecutors con-tinue to be ready to protect the community as they respond to the pandemic. I can assure you that we are.”

[WATCH: Virtual Town Hall Meeting about Hate Crimes and COVID-19]

“This reporting tool facilitates access to justice for San Diego County’s diverse communities,” Stephan said. “This tool can be used to report suspected hate crime against anyone, but we’re especially concerned right now that the Asian community will become targets of hate crime as we continue to respond to this pandemic. 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. 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 here. The Hate Crimes Hotline number is 619-515-8805.

Individuals submitting information about a suspected hate crime will be contacted with infor-mation 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 certain characteristics of that person.

In 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.

Read more about hate crimes, here.

Meet the Deputy DA who leads the DA’s Hate Crimes prosecutions and prevention outreach.

[TWEET THIS]

DA Co-Sponsors Price Gouging Legislation

DA Co-Sponsors Price Gouging Legislation

As Californians struggle to adapt to the havoc created by the COVID-19 pandemic, they shouldn’t have to also worry about being gouged when buying essential items. In an effort to update existing laws and combat illegal price spikes happening in San Diego and across the state, DA Summer Stephan has joined Senator Thomas J. Umberg (D-Santa Ana) and Orange County DA Todd Spitzer in debuting new legislation, Senate Bill 1196, that will tighten California law to assist law enforcement officials in prosecuting instances of price gouging that are committed by new sellers during an emergency. [TWEET THIS]

“Emergencies like the COVID-19 pandemic bring out the best in most Californians, but some businesses take advantage of emergency conditions to gouge consumers with extreme prices for essential goods and services,” San Diego County District Attorney Summer Stephan said. “This bill will help close loopholes that allow greedy actors to escape accountability and ensures that California businesses don’t charge abusive prices for health and consumer essentials during this national emergency.”

COVID-19 Price Gouging InfoGraphicCurrently, under California Penal Code Section 396, price gouging is illegal and punishable by law during a declared state of emergency. However, the code hasn’t been changed since 1992. For example, current law dictates that a seller has committed price gouging when they charge “a price of more than 10 percent greater than the price charged by that person for those goods or services immediately prior to the proclamation or declaration or emergency.” This section clearly prevents established sellers of specified goods from committing price gouging, but is silent to new sellers in a market place. This amendment clarifies existing law to ensure that the safeguard applies to online purchases.

The San Diego County District Attorney’s Office has received more than 280 reports of potential price gouging, is investigating each complaint and has contacted 60 businesses.

“We are committed to protect Californians from those that prey on our community during the trying times of national or global emergencies. We will continue to use all of the tools at our disposal to prevent price gouging during this, and any future disaster” Senator Umberg said. “There are brave men and women in the health and public safety sectors of our community whose lives are on the line every day. It is immoral and unacceptable to allow some to take advantage of this crisis when so many are fighting to help.”

You can also report price gouging to the DA’s Consumer Hotline at 619-531-3507. [TWEET THIS]

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.

[TWEET THIS]

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.