The Special
Prosecutions Division includes the following: the
Major Fraud Unit, Computer Crimes Section, Workers' Compensation
Fraud Section, Auto Insurance Fraud Section, Consumer Fraud
and Environmental Protection Unit, Special Investigations,
Asset Forfeiture Unit, Fish & Game Unit, Code Enforcement,
and the NSF Check Restitution Program. The division also encompasses
the Clerical Support Services, Fiscal & Administrative
Unit, and the Office Systems Unit.
Cases
prosecuted by the Major Fraud Unit are characterized by lengthy
pre-complaint investigations, complex schemes, significant
dollar loss, and aggravated felony conduct. Whenever
possible, local police agencies are encouraged to participate
in these investigations.
Due to extensive attorney involvement at the investigative
stage, major fraud cases are either prepared for the grand
jury or for preliminary hearing before a felony complaint
is filed. The key evidence in these cases is usually in the
form of physical evidence, such as documents and records. Members
of the local bar and public are encouraged to refer cases
of suspected fraud to the unit for screening. It has been
this office's experience that a criminal investigation/prosecution
will not inhibit a victim's civil action or a victim's financial
recovery. Physical evidence collected during the criminal
investigation will be made available to the victim for his/her
civil action.
The Computer Crimes Section prosecutes cases in which a
computer is a significant instrumentality of the crime. Examples
of crimes prosecuted in this section are internet crimes
against children, pornography utilizing the internet, cyber
stalking, hacking cases, internet fraud, white collar and
high technology task force statute cases. Workers'
Compensation Fraud cases are usually referred to the District
Attorney's Office by employers who suspect fraudulent claims
by their employees, and from insurance companies who suspect
fraud and report it to the Department of Insurance for investigation.
Other cases are initiated from undercover investigations into
workers' compensation fraud mills involving attorneys and
doctors, and fraudulent auto accident claims filed with insurance
companies.
Auto
Insurance Fraud Section - These cases may involve the investigation
of faked auto accidents and illegal kickback schemes between
attorneys and doctors.
The Welfare Fraud Unit files cases as felonies
if the overpayment exceeds $400 under Welfare and Institutions
Code section 11483 or 11980. If the defendant owes less
than $2,000 at the time of the preliminary hearing, has
no prior incidents of welfare fraud (including those
handled administratively by PSSA), no prior theft-related
convictions, and no felony convictions, he/she may plead
guilty to an appropriate number of misdemeanor counts
of Welfare and Institutions Code violations prior to
the preliminary examination. This offer is withdrawn
if a preliminary examination is held.
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