News Archives - Page 35 of 38

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

Restitution for Customers who Purchased ProActiv Acne Product from Direct Marketing Company

February 4, 2019

District Attorney Summer Stephan announced today that California-based Guthy-Renker L.L.C, which markets acne treatment care and hair products, will pay up to $8.5 million to settle a consumer protection lawsuit that it misled customers as a result of its auto-renew practices. [TWEET THIS]

The San Diego County District Attorney’s Office, as part of the California Automatic Renewal Task Force, alleged that Guthy-Renker L.L.C. did not properly disclose automatic charges resulting from Wen hair care products and ProActiv acne prevention purchases made on their websites.

As part of its settlement, the El Segundo-based marketing company will pay $1.2 million in penalties and up to $7.3 million in restitution to customers whose payments were automatically renewed without their consent. The terms are part of a final court judgment negotiated with the California Automatic Renewal Task Force, consisting of the District Attorneys of San Diego, Santa Clara, Los Angeles, and Santa Cruz counties, as well as the Santa Monica City Attorney’s Office.

“Companies should know that automatically renewing customer payments, without the consumer’s express prior consent, violates the law,” District Attorney Summer Stephan said. “These laws are in place so consumers know what they’re getting when they make purchases. Companies must adequately disclose when a transaction will renew automatically and they should not hide that information where a consumer is not likely to notice it.

Online subscriptions and other automatically recurring charges have proliferated in the U.S. in recent years. Some renewals come after free trials, where consumers need to cancel in time to avoid the charges. Under California law, online businesses must clearly and conspicuously disclose all automatic renewal charges and terms and get affirmative consent to those recurring charges from the consumer.

The settlement applies only to Guthy-Renker, and not to other entities selling Wen or ProActiv products.

Guthy-Renker cooperated with the investigation. The company has promised to more clearly display its automatic payment renewal policy on its website and will send out restitution notices to affected customers.

Class of 2019 Deputy DA’s Sworn in

January 25, 2019

Today, 22 Deputy District Attorneys took their oath and were sworn in by District Attorney Summer Stephan at the Hall of Justice in Downtown. The members of the new class, who have diverse professional and personal backgrounds, bring an array of rich experience to the DA’s Office. [TWEET THIS]

“I am excited to welcome the class of 2019 to our office, consisting of professionals who reflect the diversity in our community and are committed to the principles of fair and equal justice for everyone,” District Attorney Summer Stephan said. “I am confident they will do an outstanding job supporting our mission to prevent crime, protect victims and prosecute those who break the law.”

WATCH the newest Deputy District Attorneys being sworn in, here.

The new class includes a naval officer, four collegiate athletes, prosecutors from different states, former business owners, a rodeo queen, a former Israeli women’s national soccer team member, a founder of a gang-prevention program, many law review members, a founder of a non-profit organization that provided educational resources to students in City Heights, a former Teach For America teacher, and award-winning law students. As a group, they speak 11 different languages.

Diva Aziz said the road to becoming a prosecutor was paved in her desire to want to provide justice to society’s most vulnerable people.

“I have seen violence, discrimination, and injustice – being born in Afghanistan and growing up in Russia,” Aziz said. “These experiences definitely shaped my character, and have taught me about standing up for what’s right, about integrity, commitment, being a team player, having compassion, and hard work. It has also helped me discover my purpose in life, which is being a prosecutor, serving, and giving back to my community.”

Malak Behrouznami, who was born in El Paso, but raised in Juarez, Mexico, said she grew up looking for a way to serve her community. She was especially motivated by the hundreds of women who would go missing and eventually turn up murdered in Juarez.

“That motivated me to want to do something,” Behrouznami said. “I’ve always wanted to find a way to serve the community I care about and this job is the best means for me to do fulfill that need. This office has shown me that it’s not about the wins or the losses, it’s about the justice.”

Katherine Grabar, who was drawn to a career in prosecution, said she was inspired by San Diego’s collaborative courts programs and its Computer and Technology Crime High Tech (CATCH) Team. After hearing from seasoned prosecutors throughout the training process, she wants to focus on being an accomplished trial attorney.

“The people here not only want to help the community, but they also want to help each other,” Grabar said. “I am eager to give back to the community of San Diego and the DA’s Office.”

WATCH the newest Deputy District Attorneys being sworn in, here.

The new prosecutors recently completed a three-week, intensive training to learn the functions of the office and practice essential trial advocacy skills, under the guidance of senior Deputy District Attorneys. Their training motto was “setting the standard of excellence.” The new prosecutors will report to their assignments today across all branches and divisions of the District Attorney’s Office.

The San Diego DA’s Office has more than 1,080 employees, including a diverse group of 330 Deputy District Attorneys of which 184 are women and 146 are men. [TWEET THIS]

Governor Newsom Reverses Cop Killer’s Parole

January 23, 2019

Governor Gavin Newsom has reversed the Parole Board’s decision to grant parole to Jesus Cecena, 57, who killed San Diego police officer, Archie Buggs, in 1978. The Governor’s decision, on January 18, reverses the Parole Board’s grant which occurred in August. Cecena’s next parole hearing is in February 2020. [TWEET THIS]

DA Stephan urged Gov. Newsom to reverse the Parole Board’s decision in a letter, saying his parole would jeopardize public safety because Cecena minimized the true execution nature of his killing. Governor Jerry Brown previously reversed the Parole Board’s grants in 2014, 2016 and 2017. DA Stephan and Deputy DA, Richard Sachs, represented the Buggs family in a parole hearing in August of 2018, in which they described Cecena’s brutal and cold-hearted murder.

Officer Archie Buggs, 30, was shot four times after he stopped a car driven by Cecena, a gang member in the Skyline neighborhood who was 17 years-old-at the time. Cecena fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point blank range. The officer died on the street, his hand still on his service revolver.

“This defendant killed an on-duty police officer in cold blood and in spite of his claims to the contrary, he still lacks honest insight and remorse into this heinous crime,” DA Stephan said. “We appreciate the Governor’s thoughtful analysis and ultimate decision to reverse parole and safeguard the public. Officer Buggs was one of the first African-American police officers in San Diego and he was a hero to his family, his law enforcement colleagues and to the entire San Diego community. We will continue to fight for justice.”

Cecena was granted parole in 2014, 2015, 2017 and 2018 and each time the grant was reversed. Cecena’s parole also continues to be opposed by San Diego Police Chief David Nisleit and the San Diego Police Officers Association.

“Despite his many years of incarceration, Mr. Cecena has not sufficiently explained his callous actions on the night of this crime,” Gov. Newsom wrote in his decision. “Until he demonstrates that he fully understands how he came to commit this crime and is capable of refraining from similar behavior in the future, I do not believe he should be released from prison.”

Cecena was convicted of murder and was sentenced to serve life in prison without the possibility of parole on August 22, 1979. Because Cecena was 17 at the time he killed Officer Buggs, his sentence was reduced to a seven years-to-life term in March of 1982. Cecena’s unstable social history continued during his incarceration; he received more than 10 violation reports for misconduct while in prison.[TWEET THIS]

New Human Trafficking Prevention Programs In Public Schools

January 22, 2019

San Diego County District Attorney Summer Stephan announced a coordinated trio of new programs that aims to bring human trafficking education, prevention and awareness training into every public school in San Diego County and protect children from exploitation under the umbrella of the newly-established San Diego Trafficking Prevention Collective. The announcement comes during national Human Trafficking Awareness Month and responds to FBI data showing San Diego ranks as one of the top 13 worst regions for human trafficking.[TWEET THIS]

The Collective obtained a three-year grant to fund the critical training, helping school districts comply with a law passed in 2017 requiring schools to provide a human trafficking curriculum. This first-of-its-kind public-private partnership will bring three unique programs to schools under the Collective’s umbrella: PROTECT, Project ROOTS, and kNOw MORE.

The Collective empowers students in elementary, middle and high school and teaches them about human trafficking in schools and neighborhoods, through a three pronged approach: in-school prevention education, after-school intervention, and interactive multimedia training.

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

“Combatting human trafficking and protecting children from falling victim to this terrible form of modern-day slavery is one of my top public safety priorities,” DA Stephan said. “Human trafficking is the second largest criminal industry in the world in which traffickers profit by preying on unsuspecting children, luring them right out of their schools and homes with deception and lies. This first-of-its-kind human trafficking prevention education collective will arm our kids with the knowledge and tools they need to protect themselves and to engage with trusted adults to help them remain free of abuse and exploitation.”

[WATCH VIDEO OF THE ANNOUNCEMENT]

Recognizing the unfunded legislative mandate that schools must provide human trafficking education, DA Stephan worked to secure a public-private partnership to properly fund the curriculum and she coordinated with various San Diego County school districts to implement the three programs included in the Collective’s programming.

“UBS Optimus Foundation is proud to be a founding partner in this effort,” said Sally Faiz, Program Director of Child Protection for UBS Optimus Foundation. “Trafficking is a horror affecting over 400,000 people in the U.S. We see prevention as the most ‎desirable point to intervene, giving children the skills and knowledge they need to protect themselves from threat and keep safe. This collective, as a partnership of San Diego law enforcement, schools, philanthropists, business, universities and community nonprofits, builds a strong and resilient community. UBS is honored to be part of this group here in San Diego and to continue its active work supporting human-trafficking prevention across the U.S. and across the world.”

San Diego County ranks in the top three areas in the state for human trafficking and research estimates an underground sex economy worth $810 million a year. Victims can be anyone – women, men, children, U.S. citizens or foreign nationals. However, in the area of sex trafficking, minors are particularly vulnerable targets. Social media is one way traffickers access and exploit children.

“This investment allows the San Diego Unified School District to make sure our middle and high school teachers are fully informed and prepared for the fight against human trafficking,” said San Diego Unified School District Superintendent Cindy Marten. “We are deeply grateful to District Attorney Summer Stephan for supporting our efforts to keep students safe. Human trafficking is an issue San Diegans must confront together, and that is why we are proud to take part in this unique interagency effort being announced this morning.”

The ugly truth is that schools across San Diego County have confirmed that traffickers actively recruit children on or near school campuses and use social media to lure and manipulate victims. In fact, 90 percent of high schools studied in San Diego County identified cases of human trafficking involving students, according to a 2016 study done by Point Loma Nazarene University and the University of San Diego.

“We know that young people are especially vulnerable to commercial sexual exploitation and human trafficking, which means schools must play an important part in addressing it,” said San Diego County Superintendent of Schools Dr. Paul Gothold. “The San Diego County Office of Education is dedicated to supporting local school districts in prevention and intervention best practices to address the potential or actual victimization of our students. By taking a proactive approach to address the commercial sexual exploitation of children, we are more likely to reduce the incidents of human trafficking in our schools.”

So far, the school districts are using the free curriculum include the San Diego County Office of Education, The San Diego Unified School District, Sweetwater Union High School District, Escondido Union High School District, San Dieguito Union High School District, Poway Unified School District and San Pasqual Union Elementary School District.

“The San Diego Trafficking Prevention Collective and our schools are working toward reducing the vulnerability of children in our schools through trauma-informed education and training,” said Don Buchheit, the Regional Collective Director for San Diego. “Combating exploitation and protecting children takes an entire community. In San Diego, we are blessed to have our community working side by side under the leadership of the District Attorney’s Office. An educated child is a protected child.” [TWEET THIS]

[Leer en Español]

Jorge Duran Appointed New Chief Investigator

January 15, 2019

District Attorney Summer Stephan has appointed Jorge Duran as new Chief Investigator of the District Attorney’s Bureau of Investigation, the law enforcement arm of the San Diego County District Attorney’s Office. The Bureau is made up of eight divisions, including 130 District Attorney Investigators—who are sworn peace officers— as well as Process Servers, Paralegals and Investigative Technicians. [WATCH THE VIDEO OF HIS SWEARING IN CEREMONY, HERE]

“We are thrilled to have Jorge’s extensive experience, proven leadership, and innovative approach to community outreach heading our investigative team,” said District Attorney Summer Stephan. “Jorge’s exemplary character and record of outstanding public service have defined his career and I know he will bring a fresh perspective to management of the Bureau of Investigation and to building safe and healthy neighborhoods in partnership with the communities we serve.”

During his time as a Captain at the San Diego Police Department, Duran initiated and implemented the “Better a Block” community outreach program in the Southeastern Division communities. He partnered with local Pastors to host block parties to foster better relationships between his law enforcement officers and the communities they served and to build trust from the top down. The program served to reduce gang violence in these neighborhoods, and improved community relations so significantly that it is still active today.

“I am very excited and looking forward to working with the Bureau’s dedicated professionals who are committed to providing the highest quality service and building positive working relationships with the communities we serve,” said Chief Investigator Jorge Duran.

Chief Duran served six years as a squad leader in the United States Marine Corps Reserves before joining the San Diego Police Department in 1987. He was promoted to Detective in Narcotics, Sergeant at the Western division, then Internal Affairs and later Cold Case Homicide, where he provided guidance and had oversight of the investigations into more than 100 cold cases. He was then promoted to Lieutenant and led the Central, Watch Commander, Gangs, Internal Affairs and Homicide Divisions. He also achieved the rank of Captain where he led the Southeastern Division and Operational Support Divisions.

Twenty of Jorge’s 29 years at SDPD were spent in a leadership capacity as Sergeant, Lieutenant and Captain, and he attended the POST Supervisory Leadership Institute. While at SDPD, Duran successfully reduced gang-related murders by 80%, initiated problem solving meetings in underserved communities, developed contingencies for planned and unplanned critical incidents such as fires and protest demonstrations, supervised SWAT, Canine, and the Homeless Outreach Team/PERT, he managed the department’s body worn camera program including training, maintenance, inventory and storage of over one thousand body worn cameras, participated in monthly community walks in neighborhoods to learn more about and address public safety concerns, and supervised the allocation of more than 1,000 patrol officers citywide.

After serving more than 29 years at SDPD, Duran joined the District Attorney’s Office in 2017, where he has served in our Superior Court and Special Operations Divisions. He consults for the US Department of Justice to guide innovative and progressive police policies, and contributed to the publication of Homicide Process Mapping, a widely used DOJ-sponsored guide for optimizing investigation procedures and successful prosecutions.

In addition to Chief Duran’s 31 years of law enforcement experience, he has a Bachelor of Arts in Criminal Justice Administration from San Diego State University, a Master of Arts in Organizational Leadership from Chapman University, and has attended the FBI National Academy in Quantico, Virginia where he received a Graduate Certificate in Criminal Justice Education from the University of Virginia.

[WATCH THE VIDEO OF HIS SWEARING IN CEREMONY, HERE]

Prosecutor Summer Stephan Promises Fair and Fair Justice During Swearing-in Ceremony

January 10, 2019

San Diego County District Attorney Summer Stephan, who grew from a young prosecutor’s attorney to the top law enforcement authority in San Diego County during her 29-year career with the Attorney General’s Office, vowed to protect children and their families and bring justice to the voiceless and most vulnerable during his swearing-in ceremony today at the San Diego County Board of Supervisors. In front of an audience including County officials, dignitaries and family members, Prosecutor Stephan was sworn in, administered by Chief Justice of the Superior Court, Peter Deddeh. [COMPARTE EN TWITTER]

“I am very honored to be the District Attorney for this county,” said Attorney Stephan. “We are going to seek fair and just justice. We are going to push back bullies and we are going to defend vulnerable people. If they touch our children, we will go after them, if they threaten our schools, they will be held accountable, and if they hurt our seniors, they will face justice. “

Prosecutor Stephan said her office’s approach will be balanced with programs that recognize and address the root causes of crime.

“If you are a young person who has committed non-violent crimes, if you are a human being who has weaknesses, vulnerabilities, mental health problems, addictions, we are going to use a fair justice system but also one that is not one size fits all”, He said, “One that looks at underlying issues and offers second chances.”

Stephan identified several areas he plans to focus on during his tenure, including mental health, human trafficking, elder abuse, and juvenile justice. Noting the nexus between criminal justice and homelessness, mental health and substance abuse, Stephan said he is creating a new position in his office to work with community stakeholders to address the problem.

“We have to be able to balance compassionate treatment of people with mental health problems while protecting the rights of crime victims,” Stephan said.

Recognized as a national leader in the fight against human trafficking, Stephan vowed to continue working to prevent and prosecute the sexual exploitation of youth in the county.

In an effort for transparency, Stephan said it would shed a light on the rare cases where the police cannot stand up to the level of trust the public deserves.

“Without the truth, you cannot build trust with the community,” he said.

Attorney Stephan runs an office of more than 1,000 employees who protect public safety, seek justice, and support victims throughout San Diego County. The term of office of the District Attorney is four years. [COMPARTE EN TWITTER]