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WORKING WITH YOUR LOCAL DISTRICT ATTORNEY

WORKING WITH YOUR LOCAL DISTRICT ATTORNEY. Matt Cheever Deputy District Attorney Sonoma County Matthew.cheever@sonoma-county.org (707) 565-3161. Score. VS. Game Plan. What DA’s do and how that fits in with what you do Consumer/environmental prosecutors W&M/price scanner case

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WORKING WITH YOUR LOCAL DISTRICT ATTORNEY

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  1. WORKING WITH YOUR LOCAL DISTRICT ATTORNEY Matt Cheever Deputy District Attorney Sonoma County Matthew.cheever@sonoma-county.org (707) 565-3161

  2. Score VS

  3. Game Plan • What DA’s do and how that fits in with what you do • Consumer/environmental prosecutors • W&M/price scanner case • Building a case to refer to a DA • How we can help you • How you can help us

  4. District Attorney Jurisdiction District Attorneys Prosecute: • Crimes • Consumer • Environmental • Civil law violations • Certain environmental violations • Unfair Competition • Unfair, Unlawful or Fraudulent Business Practices, Misleading Advertising

  5. Example Of Unfair Business Practice

  6. When to Call a Prosecutor • Exhaust administrative remedies first • NOV, NOPA, etc. • Violations are widespread or repeated with significant consumer harm. • Where progressive measures have been ineffective. • If you’re not sure, give D.A. a call.

  7. District Attorney Options: • Warning letters • Seek voluntary improvement and compliance. • Office hearings or verbal warnings • Criminal Prosecutions- jail, probation • Individuals vs. Corporations • Civil Prosecutions (BP 17200/17500) • Penalties, Costs, Injunctions

  8. Civil Remedies • Injunctions • Court order subject to contempt • Prohibitory • Affirmative- compliance, training, record keeping • Civil Penalties • Costs • Cal. Bus. & Prof. Code §12015.5 • “Reasonable”- keep records • Restitution • Direct • Cy Pres: CACASA, equipment

  9. BUILDING A D.A. CASE Best Practices

  10. Your D.A. can help • D.A. can assist with: • Manpower • Planning an investigation • Planning evidence gathering • Determining who should be interviewed, what should be collected, etc. • Determining if a “sweep” or other type of targeted state-wide investigation is appropriate.

  11. Sales Price Report • Date of inspection • Location of store • Number of items inspected • Number of items overcharged • Amount of overage • Number of items undercharged • Amount under • Price charged • Correct price • Price on shelf • Number on shelf

  12. Use Spreadsheets To Compile Data

  13. Documents to collect • Sales receipt • Copy of advertisement • Copy of shelf or rack tag

  14. Photographs: “A picture is worth a thousand words.” • Take photos of product on shelf • Take photos of shelf tags and sale signs • Take photos of the Bar Code

  15. Photo Retention • Use digital camera • Keep photos in password protected files on computer • Organize by defendant and by date • Burn to CD and provide with Investigative Report when presenting case to D.A.

  16. Interview the Suspects • Manager • Department Manager or lead worker • Pricing Coordinator • Sales Clerk • Corporate Officials

  17. What to ask: • Try to get an explanation • A disgruntled employee may give evidence of a practice they know to be wrong • Attempt to learn the regular procedures for compliance • Training on procedures? • Instructions to disregard procedures • Do they do self audits?

  18. What to ask: • Known errors • How long the violations have continued? • Efforts to advise management or corporate of problem • Consumer complaints • Corrective measures taken • Take copies of e-mails or other documents provided

  19. Note any spontaneous statements • “Oh that hasn’t worked for weeks” • “The Manager told me to do it that way because it takes too long to do it the way I was trained” • “Its in the computer that way, we can’t change it” • “We’ll take care of it” • “Do you know how much it would cost to fix that?”

  20. The Investigative Report • What is the case about? • A Narrative Report is usually best • Summarize all inspections • Chronological • Include all relevant facts and background regarding the suspect • Write the report while it’s still fresh in your mind

  21. Treat every inspection like that may be the one that goes to the D.A. Develop standard routine and follow it.

  22. QUESTIONS?

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