BevMo! Resolves Pricing Case

San Diego County District Attorney Summer Stephan announced today BevMo!, Inc.has been ordered to pay costs and penalties in a civil law enforcement case alleging BevMo! posted prices in stores and advertisements and charged higher prices at the time of checkout. The company paid $347,034 in penalties and costs to resolve the case, which was filed and approved by Judge John S. Meyer of the San Diego Superior Court on December 4. The company did not admit liability.

“The DA’s Consumer Protection Unit works to make sure San Diego County residents can have confidence in the advertised price when they shop,” said DA Stephan.  “Actions like this are important to ensure that businesses deal fairly with their customers and compete fairly in the marketplace, especially during this busy shopping season.”

The San Diego District Attorney’s Office along with the District Attorneys of Riverside, Santa Barbara and Santa Clara prosecuted the case on behalf of the People of the State of California. The case stemmed from weights and measures investigations in eleven counties in California who documented scanner overcharges during inspections at different BevMo! stores.  The investigation revealed repeated instances of mispriced items on shelves as well as failure to charge the advertised price at the time of checkout.

Under the terms of the stipulated judgment, BevMo! has agreed not to commit future violations and to initiate a pricing accuracy program in California. Additionally, the company will provide refunds directly to impacted customers through their customer loyalty program. Members holding BevMo! customer loyalty accounts who live in California and purchased mispriced items during the time period covered in the complaint will automatically be credited a pro rata amount to their account. They do not have to apply for the credit.

BevMo! cooperated in the investigation and resolution of the case.

Seven Prosecutors Recognized for Outstanding Service to Victims

When victims of crime and their families are in their worst moments, they cling the hope they will one day obtain justice for the violence and sometimes unspeakable acts committed against them or their loved ones. Seven prosecutors in the District Attorney’s office were recognized today by the San Diego Board of Supervisors today for outstanding service on behalf of victims.[TWEET THIS]

The attorneys were selected by the San Diego Deputy District Attorneys Association after receiving nominations from their peers. Those recognized have demonstrated excellence in cases of significant impact and have made extraordinary contributions to public safety in San Diego County.

“The Deputy District Attorneys who were honored today have gone above the call of duty in pursuing justice with passion and integrity,” DA Summer Stephan said. “These DDAs have battled against violence and corruption alongside the DA team and their work exemplifies the excellence at every level of the District Attorney’s Office.”

The Board of Supervisors recognized the following Deputy DAs:

Deputy District Attorney Sophia Roach

Sophia Roach prosecuted Donte Haddock and Anthony Frank for the murders of Darris Walker and Xusha Brown. Deputy DA Roach and her team examined and investigated every aspect of these murders for more than four years. The nine-week trial featured 100 witnesses, 600 exhibits, and dozens of recorded conversations. After four days of deliberations, jurors returned guilty verdicts: Haddock and Frank face life in prison without parole. DDA Sophia Roach combined expert skills of leading an investigation with trying and winning the challenging case built. Her performance was extraordinary.

Deputy District Attorney Laurie Hauf

Laurie Hauf tried two complicated murder cases all within the span of one year. In September 2018, Hauf tried a gang murder case in which the victim, Catherine Kennedy, was shot on her way home from church. After the jury found the defendant guilty and sentenced him to life in prison, DDA Hauf collaborated with the victim’s friends to create a gang intervention program. Following that case, DDA Hauf tried a high-ranking gang member who had threatened to kill the victim. The defendant attempted to use his influence to prevent witnesses from testifying but the jury found him guilty nonetheless. He now faces life in prison. DDA Hauf also successfully prosecuted a violent gang member who robbed a teenager and, on a separate occasion, stabbed another man in the chest. Within the same month, Laurie Hauf also tried another case in which a young man was stabbed to death. Over the past year, DDA Hauf has spent nearly two months in trial, questioned over 100 witnesses, and addressed a multitude of complex legal and factual issues. In addition to this heavy trial load, DDA Hauf trained prosecutors on Three Strikes Felony Sentencing and Trial Advocacy and chaired the San Diego County Board of Supervisors, North County Gang Commission.

Deputy District Attorney John Philpott

John Philpott prosecuted a multi-million-dollar life insurance provider fraud ring, “Operation Backlash,” which began as a collaborative investigation by the San Diego District Attorney’s Office, the FBI, and the California Department of Insurance. The initial undercover operation included 35 workers’ compensation carriers, 180 patients, and suspects who billed the workers’ compensation system $580 million from 2013 to 2015. There were 171 search warrants and federal subpoenas issued, which generated over one million pages of discovery. In late 2015, DDA Philpott and his team presented cases to the grand jury and indicted 41 defendants, in the largest workers’ compensation fraud scheme ever uncovered in San Diego.

Deputy District Attorney Oscar Hagstrom

Oscar Hagstrom has tried more than 40 felony jury trials since he began his career at the San Diego DA’s Office. He has distinguished himself through his professionalism, work ethic, diligence, and performance in the court room. In one noteworthy case, DDA Hagstrom prosecuted a man for shooting at SWAT officers. The case first required a long and complex mental health diversion hearing. In the end, DDA Hagstrom secured guilty and sane verdicts and obtained a 33-year prison sentence for the defendant. In another noteworthy case, DDA Hagstrom prosecuted a defendant who stabbed and killed another man. During the trial, the defendant argued self-defense, calling numerous character witnesses who talked about the victim’s violent history. In the end, DDA Hagstrom demonstrated an ability to handle challenging cases and the defendant was sentenced to 12 years state prison.

Deputy District Attorney Abigail Dillon

In 2016, a war veteran was enjoying pizza in the Gaslamp District when he witnessed a man and seven of his friends challenging another group to a fight. The veteran intervened and tried to stop the fight, but the man and his friends instead assaulted him. He suffered many life-threatening complications while hospitalized and his will to live was almost nonexistent. DDA Abigail Dillon spent many hours trying to identify the primary perpetrator from a grainy surveillance video and locate potential witnesses. Despite obstacles, DDA Dillon spent hours building rapport with the victim to convince him to testify. . The jury found the defendant guilty and DDA Dillon obtained justice for a good Samaritan who remains paralyzed from the neck down for the rest of his life.

Deputy District Attorney Valerie Summers

For more than 30 years in the District Attorney’s Office, Deputy DA Valerie Summers has tried some of the most serious and violent cases and has risen through the ranks of outstanding prosecutors. She has managed a variety of units and has demonstrated her exceptional knowledge, versatility, and judgment. DDA Summers began her legal career as a law clerk in the DA’s Juvenile Branch in 1987. From the time she got hired as a new Deputy DA, she has been a rising star. DDA Summers was the first gang prosecutor in the then brand-new unit in North County, handling many complex gang cases. She served as a team leader in Vista, as the Assistant Chief of the Gangs Unit, Chief of Sex Crimes and Chief of the Family Protection Division. She was a statewide legal scholar, instructor and teacher in the area of sentencing. Serving as an adjunct professor at UCSD for over a decade, she has taught undergraduate students in sociology, criminology, and criminal procedure. DDA Summers leads by example, by her experience, and success in high-level trials, her work ethic, and her constant striving to be the most prepared in a meeting or in court.

Deputy District Attorney Christine Bannon

In March 2019, the California Legislature signed into law Senate Bill 1437, changing the definition of malice as used in the law of murder. DDA Bannon has been the lead attorney for all SB1437 litigation in the San Diego District Attorney’s Office and manages petitions related to the bill. DDA Bannon has also trained DDAs on how to handle SB1437 petitions. Other counties have successfully argued to their courts that this law is unconstitutional based on DDA Bannon’s work. DDA Bannon excels as both a formidable trial lawyer and appellate litigator. Her contributions to both the San Diego DA’s Office and prosecutor’s statewide are worthy of the highest recognition. [TWEET THIS]

Gun Buy Back Event Collects 261 Weapons

Eleven years ago, Monique Palmer, 17, and Michael Taylor, 15, were violently gunned down as they were walking home from a house party in Valencia Park. This is the type of tragedy the annual gun exchange program aims to prevent.

This year, the event was held on December 7 at the Encanto Southern Baptist Church in Southeastern San Diego. Participants turned in 261 guns and received skateboards or gift cards in the amount of $100 for handguns, rifles and shotguns or $200 for assault weapons.[TWEET THIS]

The event, which began in 2008, is organized by the United African American Ministerial Action Council (UAAMAC) in partnership with the San Diego County District Attorney’s Office, the San Diego Police Department, the San Diego County Sheriff’s Department and Pastor Dennis Martinez from the San Diego Training Center. Participants from throughout San Diego County voluntarily turn in unwanted weapons in exchange for gift cards or skateboards.

“Removing unwanted guns from the streets reduces the likelihood that they will be stolen and used to commit a crime or hurt someone,” District Attorney Summer Stephan said. “UAAMAC and local law enforcement have been partnering for 10 years to provide a safe method of disposing of unwanted guns in San Diego and the District Attorney’s Office is proud to help with funding for the program.”

In addition to taking unwanted guns out of commission, the annual gun exchange provides financial assistance through gift cards.

“UAAMAC has continued a very successful partnership with the DA’s Office, the Sheriff’s Department, the San Diego Police Department, and the San Diego Training Center to promote peace and safety for all of San Diegans,” said Reverend Gerald Brown, from UAAMAC and Executive Director for the Citizens Advisory Board on Police and Community Relations in the City of San Diego. “Working collaboratively, we have collected over 2,000 guns, assault weapons and ammunition. Most importantly, we vow to remember all who have lost their lives to senseless gun violence. Monique Palmer and Michael Taylor will live eternally in our actions, hearts, and minds.”

The gun exchange program has received about 300 weapons during each event over the last 10 years, collecting more than 2,500 weapons to date. [TWEET THIS]

10 Charged in Organized Insurance Fraud Ring

For four years, a team of 10 crooks would purchase ratty vehicles at auto actions then file inflated claims and staged thefts, collecting more than $500,000 in fraudulent insurance claims along the way. The organized ring was toppled after the San Diego County District Attorney’s office received a tip and opened an investigation. [TWEET THIS]

The investigation – dubbed Operation Dealer’s Choice – found that the defendants were buying vehicles that were already damaged and had high mileage for a significantly low dollar amount. Once the auto was purchased, registered and insured, the suspects filed a total damage or total theft claim and the ring shared the profits.

Investigators from the California Department of Insurance, San Diego County District Attorney’s Office and the California Highway Patrol arrested 4 of the 10 defendants yesterday across San Diego County.

“Stealing from insurance companies hits all of us in the wallet because the loss is passed on to the consumer,” District Attorney Summer Stephan said. “These defendants carried on their criminal enterprise for years until the joint task force’s outstanding work stopped them in their tracks.”

Investigators discovered 35 possible fraudulent auto insurance claims were filed over a four-year period. The ring used 56 vehicles to carry out their fraud.

“The alleged scam we uncovered in Operation Dealer’s Choice was a bad deal for drivers who have to pay more through higher premiums as a result of insurance fraud,” said Insurance Commissioner Ricardo Lara. “The hard work of our multi-agency task force stopped this alleged organized insurance crime ring that stole more than $500,000 in fraudulent auto claims.”

A number of the vehicles the defendants bought had their odometer mileage rolled back to increase the value of the car before it was damaged or reported stolen. The remaining vehicles had significant damage prior to being insured unbeknownst to the carrier. In some cases the autos were damaged by the defendants after being insured.

The ring bilked 12 insurance carriers including Nationwide, Stonewood, USAA, CA Casualty, Allstate, State Farm, Liberty Mutual, Esurance, GEICO, Kemper, Wawanesa, and AAA. [TWEET THIS]

Suspects in this case used various schemes including incepting policies on a vehicle that had pre-existing damage, filing claims shortly after the policy’s date of inception, letting the policy lapse shortly after collecting a check for loss due to non-payment. The defendants also filed suspected staged collisions in which they would damage vehicles to the point of a total loss to collect an insurance payout. Suspects also staged phony thefts and collected payments.

The defendants include:

Luis Cardona Jr., 26, of National City

Michael Cusi, 32, of San Diego

Francisco Javier Rodriguez, 33, of Chula Vista

Jesus Herrera, 34, of Spring Valley

Jessica Herrera, 36, of Imperial Beach

Betsy Guadalupe Matteoti, 35, of San Diego

Mylipsa Santos, 23, of San Diego

Ramon De Jesus Hernandez, 56, of San Diego

Daniel Santos, 24, San Diego

Felipe Cardona Villareal, 25, of Tampa, Florida

Four Defendants in Lottery Scam Targeting Older Hispanic Women

Two men and two women have been named in a federal indictment by a grand jury for allegedly defrauding elderly women by convincing victims they needed financial assistance to collect a winning lottery ticket, the FBI and the U.S. Attorney’s Office for Los Angeles announced today, along with partners at the San Diego County District Attorney’s Office and the Los Angeles Police Department. Investigators from the San Diego County Attorney’s Office working with the Chula Vista Police Department were instrumental in identifying the defendants in this case and linking the San Diego case to several others in California and the United States.

A federal grand jury issued an indictment on November 11 charging four people with wire fraud for their roles in a scheme that targeted older female victims, stealing cash and other valuables from them in a scheme known as the “cash scam. Latin lottery “.

The defendants are Colombian citizens residing in the Los Angeles area. They are Maria Luisa Henao, 43; Luisa Camargo, 38; Mercedes Montanez, 68; and Tito Lozada, 49.

Henao was arrested in San Diego and is in federal custody here. The other three defendants were arrested in Long Beach, California, and are in federal custody in downtown Los Angeles after being initially arrested on state charges brought by the Los Angeles County District Attorney’s Office. The defendants were transferred to federal custody in recent weeks and had an initial appearance in United States District Court. All defendants were denied bail.

The four defendants have been linked to at least 10 unrelated cases in which an older woman was approached by a combination of the defendants who falsely claimed that he or she had a winning lottery ticket and needed help collecting the ticket.

As part of the scheme, the defendants pretended to communicate by telephone with lottery officials who were, in fact, accomplices. The alleged lottery official would falsely confirm that the ticket was a winning ticket, but that the funds would only be released if a deposit or fee was paid in advance. At the time, another defendant became involved with the victim and, knowing that the lottery ticket was worthless, would offer to help cash the ticket. This allegedly served to encourage victims to contribute money or jewelry towards the deposit or ticket fee. The victims would then be led to obtain money and other valuables from their homes and / or withdraw money from their banks.

The defendants would falsely tell the victims that additional money was needed to obtain sufficient funds for the deposit or ticket fee, and then they would drop them off at a random residence where they claimed that the rest of the funds would be released. At that time, the defendants would leave with the victim’s money and valuables.

“It is important that we stop these financial predators, especially when targeting elderly victims within the Spanish-speaking community,” said District Attorney Summer Stephan. “I am proud of our investigators, who collaborated with local and federal police to bring down this network of thieves who prey on victims in supermarket parking lots.”

One of the defendants was originally charged in San Diego County, but prosecutors worked with her counterparts at the United States Attorney’s Office to dismiss the case in favor of the federal charges.

The prosecution specifically accuses the suspects of defrauding six victims; however, the Los Angeles Grand Theft Task Force and its partners have linked the defendants to at least 10 victims over the past two years in the southern California cities of Long Beach; Maywood; Baldwin Park; Hawaiian Gardens; Chula Vista; Fontana; Lakewood; Vallejo; and San Pedro.

“Our senior community is often a convenient and lucrative target for scammers and while we have indicted some of the perpetrators in this case, we know that many others are working to take their place,” said Paul Delacourt. , Assistant Director in Charge of the FBI Field Office in Los Angeles. “Educating ourselves, as well as our older family and friends, is crucial so that they can take precautions and avoid victimization.”

The indictment also names defendant Lozada on a separate count accusing him of owning device-making equipment, commonly known as a credit card reader / writer and used to replicate credit cards to commit fraud and identity theft.

If found guilty of the charges in the indictment, they face a legal maximum penalty of 20 years in federal prison.

This case is the result of a joint and ongoing investigation by the FBI’s Grand Theft Task Force in Los Angeles, which is comprised of FBI agents and detectives from the Los Angeles Police Department. Los Angeles County provided considerable assistance during this investigation. The defendants are being prosecuted by the United States Attorney’s Office in Los Angeles.

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

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.

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]

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

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]