Check Recovery

About The Program
Merchants in Kings County lose thousands of dollars each year due to insufficient fund and account closed checks. Many merchants are willing to accept personal checks from customers, but some customers write checks for goods and services without sufficient funds to cover their obligations. The merchant loses and the patrons of the business lose with the result being higher prices passed on to the consumers. In addition, taxpayers also lose due to valuable police time being expended for investigation of bad check writers before the District Attorney offices are able to prosecute the offenders.

This program is designed to help protect and seek justice for our communities by removing some of the investigation burden from local law enforcement agencies and providing new methods of obtaining restitution for victims while also educating offenders. Kings County is one of several counties in California that has established a Bad Check Recovery & Prosecution Program to track down bad check writers, return money to victims and deter future offenses through an educational diversion program. In cases where the bad check writer fails to cooperate, he or she will be subject to possible criminal prosecution.

To help make the Check Recovery Program successful in Kings County requires that all merchants and persons accepting checks practice a sensible check cashing policy by obtaining proper picture identification, verifying and documenting each check accepted. Available from the District Attorney's Office is a list of suggested check cashing guidelines for merchants and others to follow.

Eligibility
The Kings County District Attorney's Office, Check Recovery Unit, provides this service at no cost to the victims. Any person or business who receives a bad check is eligible to submit to the Unit for prosecution the original bad check with other appropriate documentation and the “Bad Check Crime Report” form if the following conditions are met:

Once the bad checks are submitted to the DA’s Check Recovery Unit, the determination will be made whether to offer the bad check writer the diversion program or forward the case for prosecution.

Ineligible Bad Checks
For varying reasons, certain bad checks may not meet criteria to be eligible for prosecution under this program. Ineligible checks include:

The Check Recovery Unit will do preliminary investigations of alleged forged checks. If after our investigation we determine the check may be forged, we will then forward it to the appropriate law enforcement agency for further investigation.

Other checks we will not accept, but you should contact the local law enforcement agency about, include fictitious checks, out-of-state checks and counterfeit instruments

Questionable Checks
The following are examples of questionable checks which may be difficult to collect and/or prosecute:

How To Apply
Victims may participate in the program by completing a “Bad Check Crime Report” Form. You may obtain the form from the District Attorney's Office, your local Chamber of Commerce, local law enforcement agency or by clicking here. Complete the crime report, staple the original bad check to the report, and mail it to the District Attorney's Office Check Recovery Unit. Only one check per crime report. Incomplete forms will be returned and will cause a delay in processing the case.

You will need Adobe Acrobat Reader in order to view the form. If you do not have Adobe Acrobat Reader, click on the link below.

Restitution
When a bad check writer pays restitution to the D.A. Check Recovery Unit, the funds will be recorded then deposited into a trust account. Restitution collected will be sent to victims monthly. However, please keep in mind, the District Attorney's Office is a prosecuting agency and therefore we can make no collection guarantees.

Once a victim submits a bad check to the program, they cannot accept restitution on that check from anyone other than the District Attorney's Office.

Kings County District Attorney's Office Check Recovery 1400 West Lacey Boulevard Hanford,   CA 93230 Phone: (559) 582-0326 Fax: (559) 583-9650

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Elder Abuse

What is Elder Abuse?
Any willful act perpetrated against a person 65 years of age or older or a dependent adult between the ages of 18 and 64 who has incapacitating physical of mental limitation, in which the elder of dependent adult is subjected to physical pain or mental suffering, or is knowingly permitted to suffer such that his or her person or health is endangered. This includes financial exploitation or fiduciary abuse by a caretaker or person in a position of trust.

Victim Profile
The majority of victims of elder abuse are women, age 75 or over, widowed, dependent on the abuser for basic needs, and suffering from a mental or physical illness.

Abuser Profile
The abuser is most often a relative of the victim and frequently lives in the same household acting as a caregiver. Likely abusers may suffer from: stress from financial problems, the stress of caring for an older person, alcohol and drug problems, emotional problems, and dependency upon the elder for basic needs. Abusers may also be professional persons such as attorneys, doctors, accountants, and live-in caregivers.

Elder Abuse - Indicators

Indicators from the Family/Caregiver

The Elder is not given the opportunity to speak for him/herself or
to see others without the presence of the caregiver/(abuser);
absence of assistance, indifference or anger toward the elder;
the family member or caregiver "blames" the elder;
acts of aggression (threats, insults, harassment);
previous history of abuse to others,
problems with drugs or alcohol;
social isolation of the family or isolation or restriction of activity of
the elder within the family unit;
reluctance to cooperate with service providers.

Indicators of Possible Financial Abuse

Inappropriate bank activity;
unusual interest in the amount of money being spent for the care of the elder;
refusal to spend funds for the care of the elder;
numerous unpaid bills, overdue rent; checks and other documents signed when
the elder cannot write;
missing jewelry, clothing, or other items;
recent will when
the elder is clearly incapable of making a will;
recent changes in the title of property;
power of attorney given when the elder is unable to comprehend the financial situation;
lack of person grooming items, appropriate clothing etc. when
the elder's income appears adequate to cover such needs.

Misconceptions about Elder Abuse

"The victim won't be able to testify, so there cannot be a criminal case."
If a doctor's testimony or medical records prove the victim was not competent at the time of the transaction, and other evidence shows the suspect knew of this condition, a case may proceed without the victim's testimony. However, if the case involves other theories - such as theft by threats, duress, misrepresentations, or false promises, or embezzlement of property entrusted for certain purposes - the testimony of the victim may be necessary.

"The elder signed a Power of Attorney for the suspect, so the suspect could do what he/she wanted with the property."
If the elder was not competent when she signed the Power of Attorney, and the suspect knew this, the Power of Attorney cannot be considered a gift of valid consent. In addition, most Powers of Attorneys state that transactions will be done for the "use and benefit" of the person giving the Power of Attorney. Even if this language is not present, it should be argued that it should be implied as a matter of law unless there was a clear and knowing intent to gift certain property. Thus, there may be embezzlement if the suspect used or converted property for his own benefit.

"The suspect was on the bank account, so we cannot prove theft of money from the account."
The victim may have had a specific agreement with the suspect that the suspect could use the money only for certain purposes. Use of the money for other purposes is embezzlement. The victim may not have been competent when the suspect was placed on the account.

What to do when there is suspicion of Elder Abuse

Call 911 if the abuse is in progress, if not then make a report to one of the following agencies:
   Kings County Sheriff’s Office (559) 582-3211, ext. 2790; or
   Hanford Police Department (559) 585-2540; or
   Lemoore Police Department (559) 924-9574; or
   Corcoran Police Department (559) 992-5151; or
   Kings County Adult Protection Services (559) 582-8776 (24-Hour Hotline); or
   Kings County District Attorney's Office (559) 582-0326.

Goals of Criminal Prosecution:
   1. Stop the Abuse
   2. Protect the Victim and Society
   3. Communicate A Clear Message...
            "That The Conduct Is Serious And Criminal"
   4. Hold the Offender Accountable
   5. Make the Victim Whole
   6. Rehabilitate the Offender

What The Local Law Enforcement Agencies and/or District Attorney's Office Can Do:
1. Communicate a clear message that the conduct is serious, illegal and will
       not be tolerated.
2. Intervene to stop the abuse in any of the following manner:
       • Protect Elders From further abuse with:   Stay-Away Orders, Conditions of
          release or Probation, Order suspects to vacate victim's residence.
       • Show abuser the behavior is serious - by the actions of the Criminal Justice
          System in arresting the suspect and bring him/her before a judge.
       • To determine what is owed, get a full accounting from the defendant/obtain
          restitution for the elder.
       • Order defendant to obey orders of other courts, including the Probate Court,
          and impose criminal sanctions for failure to do so.
       • Order defendants to obtain counseling and treatment.
3. Criminal Justice System Can Assist Victims With the Following:
       Payment of medical bills though State Victim Indemnity Fund - where there is
       violence. Referral to community agencies for support. Emergency shelter. Safe waiting areas in the Courthouse; transportation to Court; witness fees for meals and expenses. Victim-Witness Assistance Programs. Court accompaniment. Assist with Victim testimony (Conditional exam possibility).

Elder Resources

Kings County Adult Protective Services
Suspicion of physical or financial neglect of abuse of adults over the age of 64 or dependent adults can be reported anonymously. All reports are confidential.
Kings County Adult Protective Services
1200 South Drive, Hanford, CA  93230
(559) 582-8776 (24-Hour Hotline)

Long-Term Care Ombudsman Program
For situations regarding abuse of dependent adults in a nursing home environment.
(559) 582-3211, ext. 2823 (Zelma Howard) or (559) 583-0333

Kings County Public Guardians Office:
(559) 582-3211, ext. 2661

Kings County Commission on Aging
(559) 582-3211 Ext. 2828

Law Enforcement Agencies

Kings County Sheriff's Department
(559) 582-3211, ext. 2790

Hanford Police Department
(559) 585-2540

Lemoore Police Department
(559) 924-9574

Corcoran Police Department
(559) 992-5151