DATE: October 22, 2019
TO: Board of Supervisors
SUBMITTED BY: Lisa A. Smittcamp, District Attorney
SUBJECT: Retroactive Automobile Insurance Fraud Program Grant Application and Agreement
RECOMMENDED ACTION(S):
TITLE
1. Retroactively approve and authorize the District Attorney’s previous submittal of a grant application to the State of California, Department of Insurance (CDI) for continuation of the Automobile Insurance Fraud program, for the period July 1, 2019 through June 30, 2020 ($592,740); and
2. Adopt Resolution approving and authorizing the District Attorney to execute retroactive Grant Award Agreement, including any extensions or amendments, for continued funding of the Automobile Insurance Fraud program with the CDI, for the period July 1, 2019 through June 30, 2020 ($405,405);
REPORT
There is no increase in Net County Cost associated with these actions, which will allow for the continuation of the Automobile Insurance Fraud program through June 30, 2020. The Automobile Insurance Fraud application was submitted to meet the State’s deadline, contingent on your Board’s approval. It should be noted that the CDI requires the District Attorney to be the designated official authorized to sign the Grant Award Agreement, including any extensions or amendments. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended actions are not approved, the Automobile Insurance Fraud program will not be funded for FY 2019-20. The loss of this grant will result in the elimination of one Deputy District Attorney and one Senior District Attorney Investigator positions.
RETROACTIVE AGREEMENT:
The request to approve and accept the CDI grant award is retroactive, because the District Attorney did not receive the Automobile Insurance Fraud grant award until September 6, 2019, precluding placement of this item on an earlier Board date.
FISCAL IMPACT:
There is no increase in Net County Cost associated with these actions. There is no match requirement for the receipt of funds. The Department submitted an application in the amount of $592,740 to the CDI. The CDI awarded $405,405 to Fresno County for the Automobile Insurance Fraud program for FY 2019-20, which is $5,203 less revenue than the $410,608 included in the FY 2019-20 Adopted Budget for the District Attorney-Grants Org 2862. The Department will absorb the difference with salary savings.
DISCUSSION:
Senate Bill 1103, implemented in 1989, allowed for distribution of funds to District Attorney’s Offices in California to enhance the efforts directed toward prosecution and incarceration of individuals committing auto insurance fraud. In 1991, Chapter 1222 added statutes relating to false and fraudulent claims, revised maximum fines for insurance fraud violations, and provided a two-year sentence enhancement for each prior violation. The CDI approved Fresno County to receive funds, pursuant to Section 1872.8 of the California Insurance Code, and Fresno County’s Auto Insurance Fraud program has been in place since 1991.
The District Attorney of Fresno County uses the funds received from this program to prosecute automobile insurance fraud by employing one Deputy District Attorney to prosecute any and all auto insurance fraud cases filed in the County, and serve as the designated individual for law enforcement and insurance industry representatives to contact regarding auto insurance fraud claims. The program also funds one Senior District Attorney Investigator to investigate program-related cases. The District Attorney’s Office continues to establish new contacts for the program within the local legal, medical, and insurance communities. This outreach will facilitate the successful prosecution of complex investigations.
If grant funding for this program is discontinued, all associated positions will be deleted.
REFERENCE MATERIAL:
BAI #23, October 23, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Auto Grant Application / Agreement with CDI
On file with Clerk - Resolution
CAO ANALYST:
Jeannie Z. Figueroa