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.

Photo of dentist chair and tools. Story: Dentist Charged for Fraudulently Billing Insurance Companies

Dentist Charged for Fraudulently Billing Insurance Companies

A Mira Mesa dentist, April Rose Ambrosio, 58, fraudulently billed multiple insurance companies $592,550 claiming she performed 623 root canals on 75 patients. Ambrosio, who was arraigned in San Diego Superior Court today on 75 counts of insurance fraud, billed eight insurance companies for nearly $600,000 and ultimately received more than $200,000.

Ambrosio’s deception involved billing for more than 100 root canals over a three-month period for a family of four.

“This is a case of repeated and flagrant fraud by a medical professional,” District Attorney Summer Stephan said. “Unfortunately, when scam artists bill for dental services not rendered, they get rich at the expense of honest consumers who ultimately pay the price through higher premiums.”

The Department of Insurance spent two years investigating this case and worked closely with the District Attorney’s Insurance Fraud Division to bring Ambrosio to justice. Investigators say she was running the billing scam for three years.

“Medical providers are held to the highest standard and their patients trust them to be honest when it comes to their care,” said Insurance Commissioner Ricardo Lara. “Ambrosio violated that trust when she fraudulently billed for services she never performed.”

If convicted of all charges, Ambrosio faces up to 83 years in prison. She will next be in court on September 5.

Insurance fraud in the U.S. costs consumers about $80 to $90 billion per year. In California, it is a $15 billion-a-year problem. Insurance fraud is the second-largest economic crime in America, exceeded only by tax evasion. The District Attorney’s Insurance Fraud Division is dedicated to preventing all forms of insurance through outreach efforts, investigation and prosecution. This team handles workers’ compensation fraud, disability healthcare insurance fraud, auto insurance fraud and life insurance and annuity product financial abuse.

Statewide Charter School Scheme Stole More Than $50 Million in Public Funds

Statewide Charter School Scheme Stole More Than $50 Million in Public Funds

An Australian national, who is a charter school operator in the U.S., and his Long Beach business partner, conspired to siphon more than $50 million from the State of California for years according to a grand jury indictment. As part of a wide-ranging scheme, the defendants sought out small school districts with limited experience in oversight and proposed they authorize online charter schools to earn additional public funds in the form of oversight fees. Sean McManus, 46, and Jason Schrock, 44, the CEO and president of A3 Education, along with nine other defendants have been indicted in San Diego County on a several criminal counts including conspiracy, misappropriation of public funds, paying for student information and conflict of interest. [TWEET THIS]

[WATCH: News conference announcing charges]

The 235-page indictment, which was handed down by a grand jury on May 17, is the result of a year-long investigation by the San Diego County District Attorney’s Office into allegations of fraud in public schools. The grand jury spent six weeks hearing testimony from more than 70 witnesses including employees of the charter school, various school districts, and county and state-level employees. The investigation uncovered a massive scheme in which McManus and Schrock directed subordinates and co-defendants to open 19 charter schools in San Diego County and across California. These are collectively called “A3 Charter Schools” and include:

  • Valiant Academy San Diego
  • Valiant Academy Los Angeles
  • Valiant Academy Santa Barbara
  • CA STEAM San Bernardino
  • CA STEAM Sonoma
  • CA STEAM Sonoma II
  • CA STEAM Santa Barbara
  • Uplift California Monterey
  • Uplift California North
  • Uplift California South
  • Uplift California Santa Barbara
  • California Academy of Sports Science
  • California Academy of Sports Science Fresno
  • California Vanguard Fresno
  • University Prep
  • University Prep Fresno
  • University Prep San Bernardino
  • California Prep Sutter K-7
  • California Prep Sutter 8-12

“These defendants engaged in a devious, systematic public corruption scheme on the backs of students, their parents and the public that over time diverted millions of taxpayer dollars into their own pockets,” District Attorney Summer Stephan said. “Our team of investigators and prosecutors uncovered widespread misappropriation of public funds that extends across the state.”

Co-defendants, who worked under McManus and Schrock at various charter schools, purposely did not disclose their relationship with the men when starting charter schools and falsely claimed to be the leaders of the schools. McManus is charged with 64 counts and is facing more than 40 years in state prison if convicted. Schrock is charged with 62 counts and is also facing more than 40 years in custody.

The co-defendants are:

Defendant

Number of Charges

Maximum

Sentence

Role

Justin  Schmitt, 37, Colorado

17 Counts

11 years

Charter school employee

Robert Williams, 65 Laguna Beach

14 counts

Six years, eight months

Accountant

Richard Nguyen, 33 Foothill Ranch

14 counts

Six years

Charter school employee

Eli Johnson,57, Cameron Park

13 counts

Five years

Charter school employee

Nyla Crider, 45, Laguna Niguel

Seven counts

11 years

Charter school employee

Kalehua Kukahiko, 37, Hawaii

Five counts

Four years, eight months

Charter school registrar

Steve Van Zant, 56, San Diego

Five counts

Six years

Consultant contractor

Troy Kukahiko, 46, Hawaii

Three counts

Four years

Head of Prodigy Athletes

Nancy Hauer, 57, Dehesa

One count

Four years

Dehesa Schools Superintendent

In addition to creating charter schools, McManus and Schrock ran another scam that paid athletic organizations for student information. A3 Charter Schools paid pre-existing youth programs as little as $25 per student for enrollment documentation and would then ‘enroll’ the students into a charter school in the summer time as regular students, collecting about $2,000 per student from the State of California. Some students and parents were unaware of enrollment in a charter school.

In other instances, McManus would direct co-defendants or their employees to backdate student enrollment information in order to receive additional funding. The state pays school districts based on ‘average daily attendance’ (ADA) and the defendants used their knowledge of how the state doles out funding to collect as much money as possible. For example, McManus and Schrock dual enrolled students from private schools into their charter schools. In exchange for enrollment documentation, McManus and Schrock would pay private schools a fraction of the state pays in ADA and pocket the rest – anywhere from $2,000 to $5,000 per child.

Additionally, the organization would collect more than one ADA in state funding per student by transferring students from one school to another without parental consent or knowledge – a scheme that allowed McManus and Schrock to collect more than funding than they were entitled.

McManus and Schrock transferred more than $50 million in public charter school funds to A3 Education, A3 Consulting, Global Consulting Services, and Mad Dog Marketing, which are companies McManus and Schrock own and/or control.

Once McManus and Schrock obtained the public funds in private company bank accounts, they did not use the money to educate students, but instead spent the funds on themselves and their families.  McManus and Schrock invested in startup companies, real estate, and wired funds directly to themselves or family members. The majority of funds paid to A3 Education, A3 Consulting, Global Consulting Services, and Mad Dog Marketing ended up in the pockets of McManus and Schrock.

Co-defendant, Steve Van Zant, 56, created EdCBO to exclusively provide back office services for A3 Charter Schools. Van Zant intentionally hid his involvement with EdCBO and McManus by filing all corporate paperwork under the name of a subordinate.

Nancy Hauer, 57, the Superintendent of Dehesa Elementary School District, the district responsible for oversight of three A3 Charter schools and six other charter schools, was charged with misappropriating public funds by overbilling charter schools for oversight fees, with the charter school’s consent. Hauer billed the charter schools over $2 million in oversight fees during the 2017-2018 school year; far more than the actual costs incurred by the district and more than the district’s entire budget for payroll. Dehesa’s fees increased as the enrollment in A3 Charter schools increased. This symbiotic relationship discouraged Dehesa from performing oversight that may have uncovered McManus and Schrock’s criminal enterprise.

Defendant Nyla Crider was arraigned on May 21 in San Diego Superior Court. Other arraignments are scheduled for today at 1:30 p.m. in Department 102 of the San Diego Superior Court downtown location. McManus, who is Australia, remains at large. [TWEET THIS]

DA Announces De-Escalation Training, Mental Health Reform Blueprint

DA Announces De-Escalation Training, Mental Health Reform Blueprint

Individuals with mental health issues frequently come into contact with the criminal justice system and too often, the outcomes fall short of helping people who face those challenges. Today, San Diego County District Attorney Summer Stephan announced two initiatives designed to improve the way law enforcement interacts with people with mental health issues, including up to $1.5 million in funding for access to Crisis Intervention and De-escalation Training for police officers and a 911 Mental Health Checklist card. The announcement comes during Mental Health Awareness month in May. [TWEET THIS]

[WATCH THE NEWS CONFERENCE, HERE]

Last year, law enforcement across San Diego County responded to more than 53,000 calls for service that involved a mental health issue. A 25-year study of officer-involved shootings in San Diego County shows 79 percent of the incidents included people who had drug and/or mental health issues. And, according to the San Diego Sheriff’s Department, about 30 percent of inmates in San Diego’s jails receive medication for a mental health disorder.

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

The District Attorney also publicly 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 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. Crisis and De-escalation Training and development of the 911 Checklist Card are two of the recommendations included in the report.

“We have a crisis in our community that cannot be solved by public safety agencies alone,” District Attorney Summer Stephan said. “Nor can it be solved by public health agencies alone. 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. These two initiatives represent a step toward a new approach in San Diego County to improve the way law enforcement approaches individuals in a mental health and substance abuse crisis, while still keeping our neighborhoods safe.” [TWEET THIS]

The DA-funded Crisis Intervention and De-escalation Training will consist of a newly-created curriculum that builds upon, and enhances the current training peace officers receive. The training will include classroom discussions led by PERT (Psychiatric Emergency Response Team) experts, role playing ‘real life’ situations, and use of a video simulator known as the MILO Range Theater. Officers will also be trained to recognize the signs of methamphetamine toxicity, a condition often encountered by police. Meth is the most common drug found in individuals following an officer-involved shooting incident.

The District Attorney’s Office is uniquely positioned to collaborate on the de-escalation training, since it works directly with all police agencies in the County and reviews officer-involved shooting incidents. The DA’s Office is committed to engaging in the development and implementation of effective, evidence-based crisis intervention and de-escalation programming by providing access to tools in support of law enforcement officers, dispatchers, first responders, and others who may come into contact with persons in crisis. The goal is a reduced need for the use of deadly force, improved officer safety, and reduced likelihood of injury to persons in crisis and/or the public. [TWEET THIS]

911 English Checklist

The MILO system is being purchased by the DA’s office using federal asset forfeiture funding. The interactive simulator improves on similar training systems currently available in San Diego County. The training is also portable, so it can travel countywide in order to promote maximum participation by law enforcement while allowing departments to perform their ongoing duties.

“Police agencies across San Diego County are grateful for access to this additional training on how peace officers and first responders address mental health-related calls in the field,” said Chief Craig Carter, President of the San Diego County Police Chiefs’ and Sheriff’s Association. “Offering de-escalation training and scenario-based hands-on training will give us even more tools to rely on as we strive to resolve these contacts with the least amount of force necessary. Every agency in the county appreciates the services of PERT and the leadership of the District Attorney’s office as we embrace mental health-related reforms and work collaboratively to address this ongoing public safety issue.”

PERT clinicians respond with law enforcement or EMS to assist persons in mental health crisis or proactively engage persons to direct them to supportive services. For many years, PERT also has been the major training provider to County law enforcement involving the identification of signs of mental illness and related intervention/de-escalation skills to facilitate compassionate, safe, and effective interactions with persons in mental health crisis.

“The growth and success of PERT is directly tied to a collaborative spirit with San Diego County Behavioral Health Services and other providers, public safety agencies, and consumers as well as their family members and other supports,” said PERT Director Dr. Mark Marvin. “Our partnership with the District Attorney’s Office will facilitate an expanded training menu to County first responders and PERT looks forward to expanding our collaboration with the District Attorney’s Office to ensure the utmost in care for all members of our community.”

Working with NAMI (National Alliance on Mental Illness) San Diego, the DA has also developed a “911 Mental Evaluation Checklist Card” that’s being distributed in English and Spanish to the public. The card contains a checklist of important information that callers should provide to dispatchers when a family member or loved one is in crisis and may be a danger to themselves or others. The goal is to provide responding officers with more information about the individual’s mental state and history before they arrive on scene.

“NAMI San Diego has been honored to participate in reform efforts by providing the perspectives of those living with mental health challenges as well as the expertise of professionals working in the mental health field,” said Cathryn Nacario, CEO of NAMI San Diego.

The District Attorney’s Office is working closely with San Diego County Behavioral Health Services on mental health initiatives to promote healthy, safe and thriving communities throughout the County.

“I want to thank District Attorney Stephan for her leadership of a crisis stabilization approach that can help support the community we serve,” said County Behavioral Health Services Director Luke Bergmann. “Ensuring our law enforcement officers are thoroughly trained to identify, deescalate and work with people experiencing a behavioral health crisis will lead to reduced trauma and better outcomes for San Diegans.” [TWEET THIS]