In 1989, the Ventura County District Attorney's Office became the first office in California to successfully introduce D.N.A. "genetic fingerprinting" evidence in a criminal case.


      NSF CHECK RESTITUION UNIT       

In 1985, the Board of Supervisors authorized the District Attorney's Office to establish a one-year pilot restitution/prosecution project to combat the growing NSF check problem in Ventura County. The pilot program proved to be so successful that the Board of Supervisors made the NSF Check Unit a permanent unit within the District Attorney's Office.

The goals of the unit are to assist businesses, merchants and individuals in recovering losses due to bad checks and to help bad check writers become more responsible citizens.

The Ventura County NSF Check Program operates as follows:

•  After a merchant has received an NSF check from the bank for a second time, the merchant can submit the NSF check to the District Attorney's Office.

•  Merchants can submit NSF checks to the District Attorney's Office by using an official complaint form. The form is available on the District Attorney's Web site (see link above), or may be obtained at the District Attorney's Office.  The form is also available at law enforcement agencies, Chambers of Commerce, and some financial institutions.

•  When the District Attorney's Office receives a complaint form and NSF check, a decision is made whether the offense is a felony or misdemeanor. Felony conduct will be referred directly to police agencies for traditional investigation, and if provable, returned to the District Attorney's Office for prosecution. Misdemeanor cases will be earmarked for deferred prosecution and restitution efforts.

•  A demand letter will be sent to the bad check-writer giving him/her the opportunity to make full restitution and pay a $50 administrative fee for each NSF check. If the bad check writer fails to respond to the first letter, a second demand letter will be sent. The second letter requests full restitution, a $50 administrative fee for each NSF check and requires attendance at a four-hour diversion class aimed at correcting NSF check problems. The bad-check writer is assessed an additional $55 diversion fee to cover the cost of the diversion program which is patterned after the common traffic school program.

•  If restitution is obtained, the merchant will receive a check from the County of Ventura. If the District Attorney's Office is unable to obtain restitution, the NSF check will be evaluated for traditional misdemeanor criminal prosecution. If criminal prosecution is not possible, the merchant will receive assistance in obtaining a civil judgment from the District Attorney's Small Claims Advisor.

•  Some NSF checks are non-criminal or statutorily ineligible and will be sent back to merchants for civil collection through Small Claims Court. Such checks include: (1) agreements to hold, (2) post-dated checks, (3) pre-existing debts, (4) payroll checks, (5) stop-payment checks, (6) utility checks, (7) checks received through the mail, (8) two-party checks, (9) checks made for insurance policies, (10) checks made for installment payments on secured contacts, and (11) out-of-state checks. In such cases, the merchant will be advised that the District Attorney's Small Claims Assistance Program will assist them in processing their small claims case.

The NSF Check Unit is located at 5720 Ralston St., Suite 300, Ventura, CA 93003. The unit is available during regular hours by calling (805) 662-1720 or by fax at (805) 662-1721.