Undercover Operation Nets 41 Drug Dealers in East Village

Undercover Operation Nets 41 Drug Dealers in East Village

In early 2019, authorities say it had become increasingly easy to buy illegal drugs in a roughly one-square-mile area of the East Village bordering Petco Park. Dozens of drug dealers had set up shop, peddling everything from methamphetamine to cocaine. Along with the drugs came concerns about a potential increase in associated crimes. [TWEET THIS]

Enter “Operation Red Beard.”

[WATCH VIDEO OF NEWS CONFERENCE]

In response to complaints from the community, authorities set up an undercover sting operation designed to identify dozens of dealers who were selling significant amounts of drugs, get them off the street and reduce overall crime in the neighborhood. The San Diego Police Department joined forces with the San Diego County District Attorney’s Office in April 2019 to launch the operation in a targeted, three-by-four block area just east of Petco Park. Over the next four months, undercover officers made dozens of buys and built cases against a small army of dealers. During the operation, officers bought a variety of drugs including meth, heroin, and cocaine in amounts ranging from.01 gram to three grams.

“This is an excellent example of a coordinated, proactive response by law enforcement to address an uptick in crime and take action to improve safety in an area of downtown that continues to provide public safety challenges,” said San Diego County District Attorney Summer Stephan. “By far, the most common illegal drug being sold in the area was meth—something that is consistent with drugs found in people who are arrested in the county.”

On October 17, a grand jury was impaneled to hear evidence from the operation and on October 30, it handed down 30 indictments against 41 defendants. Bench warrants were issued and the San Diego Police Department started making arrests. As of today, 32 defendants have been arrested and 30 have been arraigned in court. Most of the defendants have been charged with various felony crimes including transporting and selling a controlled substance, which carry potential sentences of between six months and 10 years in jail if convicted.  About 70 percent of the defendants are prior felons with previous convictions for crimes that include kidnapping, gang-related assaults, and attempted murder.

“This operation is a great example of how our department responds to the needs and concerns of community members,” said SDPD Chief David Nisleit. “The San Diego Police Department worked closely with the San Diego County District Attorney’s Office to combat this criminal activity and ensure those responsible are held accountable.”

Increasingly, authorities are seeing various kinds of street drugs, including heroin, cocaine and opioids laced with deadly fentanyl. “Even a tiny amount of fentanyl can kill in moments, which is another reason we wanted to stop the sell/buy cycle in the East Village,” DA Stephan said. [TWEET THIS]

This is Why You Should Report Fraud

This is Why You Should Report Fraud

For several years, the owners of a local hotel cleaning janitorial service company called Good Neighbor Services, with nearly 800 employees, lied to tax authorities and their insurance provider by claiming to have almost no employees. This resulted in $6.8 million in theft and became the largest workers’ compensation premium fraud case in California, when it was prosecuted by the San Diego County District Attorney’s Insurance Fraud Division in 2015. The case is just one example of the many types of fraud the San Diego County District Attorney is working to prevent and prosecute.

Insurance Fraud, for example, is the second-largest economic crime in the nation and costs California residents approximately $15 billion a year. To combat this ever-growing problem, the District Attorney, in conjunction with the California Department of Insurance, is shining a spotlight on this issue through social media during International Fraud Awareness Week, November 17-23. The goal is to minimize the impact of fraud by promoting anti-fraud awareness and education, as well as encouraging the public, employees, and businesses to report suspected fraud to authorities.  For information and resources about International Fraud Awareness Week, visit www.FraudWeek.com.

“Fraud takes many shapes and forms and often leaves victims financially and emotionally devastated. That’s why our office has expert prosecutors and investigative teams who are dedicated to preventing and prosecuting this type of crime,” said District Attorney Summer Stephan. “Whether it’s elder victims being taken advantage of by unscrupulous life insurance or investment agents, sophisticated cybercrime scammers, or businesses that cheat their employees and unfairly compete by not providing workers’ compensation required by law, we are the People’s Prosecutor working hard to protect you and hold fraudsters accountable for their crimes.”

The DA’s Insurance Fraud Division is dedicated to eradicating all types of insurance fraud, whether it relates to workers’ compensation, automobile insurance, life insurance, or fraud in the healthcare industry. The Economic Crimes Division at the District Attorney’s Office is also responsible for prosecuting a wide variety of fraud, including identity theft, investment scams and embezzlements.

In 2018, the DA’s Insurance Fraud Division filed criminal charges against 405 defendants and obtained 440 convictions for various insurance fraud offenses. As a result of these convictions, over $5.6 million in restitution was ordered for victims, including individuals, insurers, and state agencies. During that same time period, the Economic Crimes Division filed charges against 481 defendants and obtained 420 convictions, which resulted in $9.5 million in restitution.

Some examples of the types of fraud the District Attorney prosecutes are:

  • Workers’ Compensation Provider Fraud – When medical and legal providers, including doctors, chiropractors, and lawyers are paying or receiving kickbacks for referrals, billing for services not rendered or overbilling for services provided.
  • Workers’ Compensation Premium Fraud – When a business misrepresents its true payroll, the type of work it performs, or conceals employee injuries to pay lower workers’ compensation premiums. One of the most common premium fraud schemes occurs when employers pay employees in cash without reporting that cash payroll to the Employment Development Department and their insurer. This activity results in $7 billion in lost revenue each year and evasion of approximately $6.5 million in payroll taxes annually.
  • Workers’ Compensation Applicant Fraud – When employees fake or exaggerate work injuries in order to collect workers’ compensation benefits, or when employers make false statements to deny benefits to injured workers.
  • Uninsured Employers – Every business in the State of California is required to have workers’ compensation insurance to cover its employees in the event of a workplace injury. These cases are especially important because if an employee is injured at work and their employer does not have workers’ compensation insurance, the employee may have no recourse to get required care and benefits.
  • Auto Insurance Fraud – Fraudulently obtaining payment on an auto insurance policy based on false information such as inflated or faked damages, staged collisions, false claims of vehicle theft and arson. This fraud costs consumers billions of dollars each year in the form of higher insurance premiums.
  • Disability and Healthcare Fraud This involves fraudulent medical and disability claims and policies, including medical providers who fraudulently bill insurance companies or who divert medications for personal use or sale. Healthcare fraud increases medical costs for everyone.
  • Life and Annuity Fraud – Unscrupulous life insurance agents and others who seek to steal the savings of victims through power-of-attorney abuse, securities fraud, and fraudulent claims on legitimate policies. These scams often target senior citizens and the impact is life-altering, since seniors do not have the time or opportunity for financial recovery.
  • Real Estate Fraud – This involves various fraudulent real estate transactions and/or schemes such as submission of forged loan applications; fraudulent transfers of title of real property; recordation of fraudulent real estate documents; home equity sale contract fraud; and mortgage foreclosure consultant fraud.
  • Computer and Technology Crimes High Tech Task Force (CATCH) – These types of crimes typically involve computer intrusions, credit card or ATM fraud committed online or crimes where technology is used to obtain someone’s personal identifying information.
  • Identity Theft – These crimes usually involve criminals acquiring key pieces of someone’s identifying information to impersonate them and commit numerous forms of fraud which include taking over the victim’s financial accounts, opening new bank accounts, purchasing automobiles, applying for loans, credit cards, and social security benefits, renting apartments, and establishing services with utility and phone companies.
  • Complex Theft – These cases involve embezzlement or investment scams.  Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Instead of using the company’s payroll system or checking or credit card account for legitimate company business, the individual uses these accounts to steal by directing the money to his or her own accounts or to pay for personal expenses.  Grand theft schemes usually involve the finding a way to a person misrepresenting an investment opportunity and instead using the money to support his or her own lifestyle.

If you see, hear, or know of an insurance fraud scam happening in your area, please contact the DA’s Office through the Insurance Fraud hotline at (800) 315-7672 or at sdconnect@sdcda.org, or contact the California Department of Insurance at (800) 927-4357. To report fraud related to real estate, you can contact the DA’s Real Estate Fraud hotline at (619) 531-3552. To report any other type of fraud or criminal activity, please contact your local law enforcement agency.

Empty classroom photo

A New Way of Reporting Abuse in Schools

Every student in San Diego County deserves to have a safe and nurturing educational environment, free of sexual and physical abuse. But when that kind of abuse does happen, it’s critical that students, parents and teachers have a trusted way to report it.  And, prosecutors say, it’s even more important that those reports don’t fall through the cracks.

Recognizing that gaps exist between the multiple agencies and systems currently addressing abuse, the San Diego County District Attorney’s Office today announced a new, online reporting system of suspected sexual or physical abuse of students, along with a newly-established DA Student Safety in School Systems Task Force. [TWEET THIS]

[WATCH THE ENTIRE NEWS CONFERENCE OF THE ANNOUNCEMENT]

“The idea with both the online reporting and the task force is to eliminate inefficiencies and close gaps so our students can feel safe and thrive at school,” said District Attorney Summer Stephan. “This initiative complements reporting to other agencies and acts as a safety net to make sure information is shared and followed up on. We wanted a way for the public to directly contact our experienced prosecutors and trained investigators if there is a concern of abuse within our school systems, or a concern that those who should be reporting abuse and protecting children are failing to do so.”

The Student Safety in School Systems Task Force will:

Welcome and receive submissions from any member of the public who is concerned about the safety of students in a school system

  • Facilitate any member of the public who is navigating multiple agencies and departments when an incident involving a child has occurred in a school setting
  • Reduce the public’s confusion by giving them direct access to the District Attorney’s Office so allegations and complaints can be tracked
  • Cross-reference allegations and complaints with law enforcement, Child Welfare Services, and educational institutions and programs where appropriate
  • Refer members of the public to services that may be available to those experiencing trauma as a result of an incident that has taken place within a school system
  • Offer and provide outreach and training to the public on issues and concerns surrounding possible physical and sexual abuse perpetrated by an adult or minor on a student in an educational setting
  • Criminally prosecute those who fail to comply with mandated reporting laws where the evidence of such failure is sufficient

This task force will not serve as a substitute for a mandated reporter’s duty to report abuse.  Mandated reporters still must follow their duties under the law to report to the proper authorities under the Penal Code

Referrals can be reported here on the DA’s public website.

Once a referral is made, the task force members will evaluate and investigate the claim, law enforcement will be notified to investigate allegations when appropriate, and families will be connected with trauma-informed resources and support. An investigation into whether a mandatory report was made may be initiated.

Over the past several months, the District Attorney’s Office has sought feedback from the community and various stakeholders, who expressed concern that students are too often victims of harassment and that victimization is not properly reported.  Many parents feel they’re not being heard when they do report. Meetings with Black Men and Women United were key in sparking the idea of the new task force and online reporting.

The District Attorney’s Office has also been working closely with school districts across the county to remind mandated reporters of their responsibilities.

“Mandated reporters must make a report when there is any reasonable suspicion of abuse, based on facts,” DA Stephan said. “Mandated reporters typically won’t see the actual sexual abuse, but they often notice “grooming behaviors” that accompany or precede the sexual abuse.” [TWEET THIS]

Gavel. Medical Office Manager in Massive Insurance Fraud Sentenced

Service King Paint & Body to Pay $2.35 Million for Environmental Violations

An undercover inspection that began in 2016 revealed that Service King Paint & Body facilities in San Diego and across California were illegally disposing hazardous waste generated during auto body repair operations and violating laws related to storing and managing hazardous waste. Service King, a Texas limited liability company, currently owns and operates 42 auto body repair facilities throughout California, including five Service King auto repair shops in San Diego County.[TWEET THIS]

As a result of the investigation, which was led by the Alameda County District Attorney’s Office, Service King Paint & Body, LLC will pay $2.35 million as part of a settlement of a civil environmental prosecution alleging the auto body repair company mishandled hazardous waste and confidential customer information.

“This case reflects the importance of businesses such as the auto body repair industry to abide by environmental laws that are in place to protect and conserve our natural resources and to keep our communities healthy,” said District Attorney Summer Stephan. “We are proud to work with our district attorney partners and environmental regulators across the state to enforce California’s environmental laws to ensure these hazardous wastes are handled properly.”

The settlement with Service King follows other recent California statewide settlements of environmental hazardous waste violations involving the auto body repair and automotive repair industries. In 2018, California District Attorneys settled cases with Cooks Collision for $1.53 million, and AutoNation for $3.38 million, involving similar environmental and consumer protection violations.

The investigation began in 2016 when Alameda County District Attorney investigators conducted undercover inspections of Service King trash containers, which revealed the illegal disposal of large quantities 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, as well as confidential customer information. District Attorney Investigators from San Diego, Santa Clara, San Bernardino, and Orange counties then conducted additional inspections at Service King auto body repair shops throughout California and found similar unlawful disposals.

As part of the settlement, Service King is ordered to pay $1.35 million in civil penalties, $350,000 in costs of investigation, and $150,000 towards supplemental environmental projects. Service King has also been ordered to spend $500,000 on equipment designed to limit the release of hazardous auto body wastes into the environment and recycle solvents and waste water produced during the automotive painting process. The settlement also requires Service King to employ an additional full-time employee in California who will be responsible for environmental compliance and training.

The case was brought by the District Attorney’s offices of San Diego, Alameda, Santa Clara, San Bernardino, Orange, Los Angeles, Placer, Riverside, Sacramento, Sutter, and Yolo counties, where Service King’s auto body repair shops are located. Service King cooperated with the District Attorneys’ investigation and took steps to improve its compliance with the environmental and consumer protection laws brought to its attention by the prosecutors. [TWEET THIS]

New Campaign Against Domestic Violence

New Campaign Against Domestic Violence

When a victim of domestic violence shows up in an emergency room or doctor’s office, the outward signs of abuse may not be visible. But their internal injuries could be life threatening, especially if they have been strangled.

A new outreach campaign, that includes resource kits and posters, is being distributed countywide to help health professionals better-recognize and report suspected domestic violence—especially strangulation. The campaign comes as prosecutors released new data showing the number of defendants charged with strangulation-related felony crimes has increased four-fold in the last six years. [TWEET THIS]

In line with the County of San Diego’s Live Well initiative, the San Diego County District Attorney’s Office (DA) and County of San Diego Health and Human Services Agency (HHSA) rolled out the new San Diego County Health CARES campaign today. The initiative is providing training and resources to hospitals, colleges and university health centers, community clinics, medical and nursing schools, paramedics/EMT’s, professional health organizations and primary care settings throughout the county. The outreach includes posters that encourage victims of domestic violence to talk about it with their healthcare provider.

[WATCH THE ANNOUNCEMENT, LIVE STREAMED]

“Surveys of healthcare providers in our county show that screening rates for intimate-partner violence are low, often due to healthcare providers feeling uncomfortable or uncertain with the topic and how to best respond to these patients’ needs,” said San Diego County District Attorney Summer Stephan. “Our goal is to provide tools, training and information that can be incorporated into routine practices within the healthcare system—protecting victims and saving lives. The bottom line is: if you have experienced domestic violence or strangulation by a partner, talk with your healthcare provider right away.”

There were more than 17,000 domestic violence incidents reported to law enforcement in San Diego County last year. Data shows that providing patients with an opportunity to speak to a healthcare provider about domestic violence results in patients being four times more likely to access to domestic violence resources. Statistics show that in the past 22 years, 13 percent of domestic violence-related murders in San Diego County involved strangulation.

“Healthcare providers play a critical role in identifying domestic violence and strangulation victims,” said Palomar Health Forensic Health Services Director Michelle Shores. “We want healthcare workers in San Diego to know that our program is a resource available to them and the patient. Our highly trained forensic nurses conduct on-site medical evidentiary exams to document injury and collect evidence to be submitted to law enforcement.”

More than 500 kits, 16,000 wallet cards and brochures in multiple languages, and some 9,000 posters in English and Spanish are being distributed to roughly 60 healthcare-related locations across San Diego County. The outreach campaign also includes materials in, Tagalog, Vietnamese and Arabic. Items from the kit can also be downloaded electronically at www.SDCountyHealthCARES.org. In addition, 100 healthcare professionals from hospitals, family health centers, nursing and medical schools, and other healthcare sites will attend a special training session tomorrow in North County to kick-off the campaign.

San Diego County Health CARES encourages healthcare staff to:

Conduct screening for domestic violence

Assess for signs and symptoms of strangulation

Report suspicious injuries to law enforcement

Evaluation of the patient by a trained forensic examiner

Safety plan with the patient and connect them to resources

By state law, healthcare workers are mandated reporters of suspected abuse. Over the past year, the District Attorney’s Office has been reminding various mandated reporters in healthcare sites, schools and financial institutions about their responsibilities to report suspected physical, sexual, financial abuse and suspicious injuries.

In 2017, The San Diego County District Attorney’s Office, local law enforcement officials and the San Diego City Attorney signed an agreement that outlines a coordinated community response on how to handle strangulation cases. The new Strangulation Protocol included a training video to teach law enforcement basic information about strangulation, such as the little amount of pressure it takes to cause significant damage. The DA’s Office files three times as many felony strangulation cases since the protocol was implemented.

October is Domestic Violence Awareness Month and Wednesday, October 16 is nationally-recognized as Health Cares About Domestic Violence Day. If you or someone you know is being abused by a current or former partner, call the National Domestic Violence Hotline (1-800-799-7233) for confidential support and assistance planning for safety. [TWEET THIS]

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

Governor Signs DA-Supported Bill Clearing Convictions

An estimated eight million Californians have criminal convictions on their records that hamper their ability to find stable housing, obtain permanent employment or continue their education. Assembly Bill 1076, introduced by Assemblymember Phil Ting (D-San Francisco) and supported by San Diego District Attorney Summer Stephan, addresses these issues head-on by proactively clearing the past criminal convictions and arrests of about 380,000 Californians currently incarcerated. Governor Gavin Newsom signed the bill into law on Tuesday. [TWEET THIS]

AB 1076 would allow arrest and conviction record relief in an automated way that would not require any action from a petitioner. Although anyone could petition to have their past convictions cleared on their own, the amount of time and money required often prevents eligible people from doing so.

  • This bill would ask the California Department of Justice to create a database of all those who have served time or probation and may be eligible to have their records expunged.
  • Additionally, the Department of Justice would also generate an algorithm that would, on a monthly basis, go through qualifying records and search for those eligible to clear their past convictions and arrests.
  • Lastly, AB 1076 would automatically notify corresponding courthouses that they are no longer able to release the history of those who have had their records expunged to any private enterprise.

“If people can’t find a job or housing, they are more likely to continue committing crimes and find themselves back in the criminal justice system,” DA Summer Stephan said. “This law takes the proactive step of clearing hundreds of thousands of records and gives people who qualify an opportunity to start fresh with the reassurance that their past won’t hinder their future.”

Assemblymember Ting, who introduced the legislation, has been working with various allies across the state to pass this legislation.

“Everybody deserves a second chance,” said Assemblymember Phil Ting. “We must open doors for those facing housing and employment barriers and use available technology to clear arrest and criminal records for individuals already eligible for relief. There is a great cost to our economy and society when we shut out job-seeking workers looking for a better future.”

Not everyone would qualify for relief. For example, anyone who has violated their probation or who is registered as a sex offender would not be eligible for arrest and conviction relief under AB 1076. Only those who have been arrested or convicted of misdemeanors or non-violent offenses would be eligible. Furthermore, although the criminal record of those who qualify would be wiped in most private background-check agencies, it would not remove the record from law enforcement databases and the record would be revealed if the person applies for any government job.

The Survey of California Victims and Populations Affected by Mental Health, Substance Issues, and Convictions found that about 76% of all people with criminal convictions report difficulty in finding permanent housing, employment, or a driver’s license. A 2019 report released by the California Department of Corrections and Rehabilitation reported that attempts to reduce inmate recidivism had failed for about 62% of inmates released in 2017 and 2018. AB 1076 would be a step forward in addressing California’s high recidivism rate and would allow those with criminal convictions better opportunities to find jobs and obtain homes after incarceration.

AB 1076 will take effect on January 1, 2021. This extended period of time will allow the Department of Justice to set up the automated system that would allow the criminal records to be cleared without the need of any individual petitions. [TWEET THIS]

Community of Hope Comes Together for Domestic Violence Victims

Community of Hope Comes Together for Domestic Violence Victims

Domestic Violence Awareness Month is a time for reflection on all that has been accomplished to prevent violence and abuse in our communities, and all that must still be done. Today, the District Attorney’s Office joined the San Diego Domestic Violence Council (SDDVC), county officials and other social service agencies together as a “Community of Hope” to provide resources, education, prevention and awareness of domestic violence to professionals and community members The event is the first of many to raise awareness throughout the month of October, which is Domestic Violence Awareness Month.

San Diego County has averaged 17,000 domestic violence incidents annually for the past 10 years from 2008 through 2018. In 2018, there were 17,513 domestic violence incidents reported to law enforcement in San Diego County, there were also 15 domestic violence homicide victims of which the suspect was a current or former intimate partner. There were an additional three homicide victims (e.g. family members, new boyfriend, bystander) that died during these domestic violence incidents and five offenders died by suicide. Last year, 2,643 defendants were charged for domestic violence crimes by the DA’s Office.

“Domestic violence not only harms the direct victim but also has a devastating ripple effect on children, families and communities.  This is why we must fight it together as a community united to break the cycle of violence,” said District Attorney Summer Stephan. “We are committed to collaborating with partners from a variety of fields to bring accountability through prosecution and bring hope through early prevention and intervention.”

Throughout this past year, the San Diego County DA’s Office served the SDDVC by coordinating training for hundreds of professionals in our county on domestic violence as well as other family violence topics such as mandated reporting, being trauma-informed and risk assessment.

“Together, we are helping to bring light to this issue and let those experiencing abuse know they are not alone,” said SDDVC President Jessica Yaffa. “There are so many resources in our county to help them. We want them to know, there is hope, if they reach out.”

At the event, a candlelight vigil ceremony was held to honor every victim of domestic violence homicide in 2018. Survivors of domestic violence also shared their stories.

“Many people in San Diego County encounter domestic violence on a daily basis – the best thing a person can do when they see domestic violence is say something,” said Kelsey Hamlett, who is a survivor of domestic violence. “Too many people have been taken by domestic violence. If we all ban together to stand up to domestic violence San Diego County can save lives.”

San Diego County Supervisor Greg Cox presented the Live Well San Diego proclamation to the SDDVC during the event, which also included a resource fair for services to help survivors of domestic violence. Also at the event, Deputy District Attorney Claudia Grasso was named President for the San Diego Domestic Violence Council. Grasso is the Assistant Chief of the DA’s Family Protection Division. The SDDVC is a collaboration of a multitude of organizations and community members seeking to reduce and prevent domestic violence in our county, including County of San Diego’s Health and Human Services Agency, the DA’s Office, the City Attorney’s Office, the Sheriff’s Department, and other law enforcement and social services agencies.

If you or someone you know is being abused by a current or former partner, call the National Domestic Violence Hotline (1-800-799-7233) for confidential support and assistance planning for safety.

Gavel. Medical Office Manager in Massive Insurance Fraud Sentenced

Pep Boys to Pay $3.7 Million for Violating Environmental Protection Laws

For more than three years, Pep Boys automotive stores in San Diego and across the state were routinely and illegally throwing automotive fluids, batteries, aerosol cans, electronic devices and other regulated hazardous waste in dumpsters destined for municipal landfills not authorized to accept hazardous waste, an undercover investigation found. During the same period – from April 2014 through November 2017 – Pep Boys also failed to shred customer records, which contained confidential information, before throwing the documents in the trash.

As a result of the investigation, The Pep Boys Manny Moe & Jack of California (Pep Boys) will pay $3.7 million to resolve allegations that the company violated state laws governing hazardous waste and hazardous materials. The investigation was led by the Environmental Protection Unit of the San Diego DA’s Office, along with investigators from other district attorney offices, and environmental regulators statewide.

“This settlement holds Pep Boys accountable for violating laws that are in place to protect the environment and the privacy of consumers,” DA 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.”

Today’s announcement is in conjunction with multiple district attorney offices across the state including Alameda, Kern, Orange, San Bernardino, San Joaquin, San Mateo, Ventura and Yolo Counties.

Pep Boys is an automotive service retailer and distributor of automotive replacement parts, accessories, and engine additives in North America. In California it owns or operates approximately 151 retail facilities and a distribution center. There are 14 Pep Boys facilities in San Diego County.

During the investigation, investigators and environmental regulators conducted a series of undercover inspections of waste bins originating at 19 separate Pep Boys facilities. These inspections found numerous instances of unlawful disposal of hazardous waste and violations of laws protecting confidential consumer information.

When Pep Boys officials were notified by the prosecutors of the unlawful disposals, they fully cooperated and quickly responded by enhancing company policies and procedures to eliminate improper disposal of hazardous waste products in California and to protect confidential customer information. Stores are required to properly manage hazardous waste and to retain their waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible waste does not combine to cause dangerous chemical reactions. Hazardous waste produced by California Pep Boys stores through damage, spills and returns is being collected by state-registered haulers, taken to proper disposal facilities and properly documented and accounted for.

The settlement requires a monetary payment of $3.7 million, which consists of $1.82 million for civil penalties, $260,000 for supplemental environmental projects and $425,000 to reimburse investigative and enforcement costs. Of the total, the San Diego DA’s Office will receive $168,000 and San Diego County Department of Environmental Health will receive $21,000. Pep Boys gets a credit of $1.2 million against the penalties if it undertakes at least $2.4 million in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring Pep Boys to undergo a trash receptacle audit to ensure hazardous waste and confidential consumer information is properly disposed of at all facilities. The company must also comply with 23 injunctive requirements to comply with environmental protection and confidential consumer information protection laws.

DA Releases Update on Rape Kit Testing

DA Releases Update on Rape Kit Testing

The San Diego County District Attorney’s Office announced today that 1,692 untested sexual assault evidence kits from 12 police agencies across the county have been sent to an independent lab for testing over the past 17 months. Lab results have come back from 1,344 of the kits which are now in the process of being uploaded into the FBI’s national CODIS (Combined DNA Index System) database.

Reducing the countywide backlog of untested sexual assault kits (SAKs) has been a priority of DA Summer Stephan since taking office. In April of last year, DA Stephan announced her office had identified funding and retained Bode Cellmark Forensics of Lorton, Virginia to begin the project. To date, $1,108,545 has been spent on the testing. Sheriff Bill Gore and the San Diego County Sheriff’s Department are key partners in the project. The Sheriff’s Department has been instrumental in identifying, preparing and delivering the kits for testing.

The DA’s Office is reviewing the results from the CODIS uploads which could lead to new investigations. Early results from the testing revealed that about 40% of the kits contained DNA foreign to the victim. The DA’s Office estimates there are only about 100 remaining evidence kits from the police agencies that are participating which still need to be sent for testing.. The San Diego County Sheriff’s Department submitted the largest number of kits for testing, followed by Escondido PD and Oceanside PD. The testing does not include kits from SDPD, which is conducting its own testing in-house at their crime lab.

“I’m proud of the excellent progress we’ve made on getting these kits tested, which may contain powerful evidence that can speak on behalf of victims and prevent a future assault,” said DA Stephan. “Rape cases leave victims with deep emotional and physical wounds. I’m committed to doing everything we can to solve their cases and I appreciate the dedication and hard work of all our county partners to get this project completed.”

Over the past year, the District Attorney’s Office has been providing ongoing updates at community events about the testing progress for various partners and stakeholders, including the Center for Community Solutions (CCS) late last year and the San Diego area chapter of the National Organization for Women in June.

In addition to the testing project, the DA’s Office also strongly supported Senate Bill 22, known as the Sexual Assault Victims’ DNA Bill of Rights, which passed the legislature earlier this month and awaits Governor Newsom’s signature. The bill sets firm timelines for all law enforcement agencies submit sexual assault kits to crime labs and firm timelines for crime labs to test the kits. In her letter of support to the governor, DA Summer wrote, “Having untested SAKs, sitting on shelves collecting dust, is no longer acceptable.”

The Center for Community Solutions, which has a mission to end relationship and sexual violence by being a catalyst for caring communities and social justice, supported the DA’s initiative when it was first announced. “It’s important to all of us to have the backlog of rape kits tested in cases where survivors have provided consent for the testing,”  said Verna Griffin-Tabor, CEO and Executive Director of the Center for Community Solutions.

The Joyful Heart Foundation, which is working to have all rape kits tested in the U.S., has also strongly supported San Diego’s testing initiative and the County’s focus on delivering justice for victims.

Every 98 seconds, someone is sexually assaulted in the United States. It takes a tremendous amount of courage for survivors of sexual assaults to come forward. Victims in San Diego County can be assured that law enforcement is invested in helping them achieve justice and hopefully a sense of healing after enduring such a traumatic experience.

EN ESPAÑOL

How to Report Embezzlement Crimes

How to Report Embezzlement Crimes

Over the past year, the DA’s Office has filed more than 100 felony cases involving employee theft or embezzlement in San Diego County.  Unfortunately, employee theft occurs more often than one would like to believe and many times the theft is committed by the person charged with keeping the financial records for the company or preparing the payroll.  Many cases go unreported because some businesses are unsure as to how to proceed or how to organize the information to present to law enforcement.

To help potential victims prepare the documents and information necessary to successfully report embezzlement to law enforcement, the San Diego County District Attorney’s Economic Crimes Division has added a page to its public website that contains an informational video, a checklist and complaint organizational outline.

“We’re looking out for the business community and embezzlement has serious consequences for business owners and managers because they not only involve a loss of money to businesses, they also constitute a breach of trust,” said District Attorney Summer Stephan. “To pursue justice in these cases, we rely heavily on the victims’ ability to provide sufficient documentation and we hope that this new webpage will serve as a step-by-step guide for people to understand what they need to do to enable law enforcement and prosecutors to determine if an embezzlement crime occurred and whether it can be proven beyond a reasonable doubt.”

The DA’s office has prosecuted cases where the employee merely had an extra payroll paycheck deposited into their own bank account each week for a year.  In another case, an employee who was in charge of approving other employee credit card expenses ended up using the business credit card herself to pay her own personal expenses, including her own child’s college tuition and orthodontia work.  Unfortunately, no one was watching the person in charge of the credit card use and her activities were not discovered until she was terminated after racking up over $150,000 in unauthorized charges.  In most cases, there is a true sense of betrayal in embezzlement cases since the employers or owners are shocked to learn that their trusted employee deceived them while pretending to be a loyal co-worker— and many times even a friend.

It is necessary for investigators, prosecutors, the judge and possibly a jury to understand what occurred. They rely primarily on the facts and documents provided by the business that was victimized, which is why documenting and organizing the material is critical.

The public can now visit this website link, where they will find the resources to help them understand what they need to submit to their local law enforcement agency when they report an embezzlement crime. While submitting the appropriate records and information is critical to reviewing potential embezzlement and white collar crimes, submission to the DA’s Office does not guarantee a case will be filed.  Prosecutors must still carefully review the materials and conduct further investigation to determine if potential criminal charges can be proven beyond a reasonable doubt.