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DA O’Malley and Asm. Bauer-Kahan Announce Bill to Expand Enforcement Actions on Utility Companies Feb 18, 2020

Today, Alameda County District Attorney Nancy O’Malley, Assemblymember Rebecca Bauer-Kahan (D-Orinda), California State Senators Steve Glazer (D-Orinda) and Jerry Hill (D-San Mateo), were all on hand to announce the introduction of The Utility Accountability and Wildfire Prevention Act of 2020, AB 2356.

AB 2356 will expand enforcement authority to the Attorney General and local District Attorneys to bring an action against an electrical corporation for failure to comply with current safety standards, regulations and requirements. Currently, only the California Public Utilities Commission (CPUC) has this authority.

District Attorney O’Malley is the sponsor of the bill. “California must face the reality that climate change will continue to pose massive threats of wildfires throughout the state. We cannot afford to be complacent. This bill allows local District Attorneys and the Attorney General to enforce laws requiring utilities to take all necessary measures to ensure their equipment is safe and well maintained. As District Attorneys, our job is to ensure the safety of our communities. This legislation gives us the tools to prevent further catastrophic loss of life and property by ensuring utility companies abide by the laws,” stated DA O’Malley.

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Black History Month Feb 4, 2020

The Alameda County District Attorney's Office Celebrates Black History Month 2020.

Alameda County DA O’Malley Announces $7.5 Million Settlement with Walgreens Feb 3, 2020

Alameda County District Attorney Nancy E. O’Malley has announced that her office, along with the District Attorney of Santa Clara County, settled a consumer protection action against Walgreen Co. (“Walgreens”). The judgment was filed in Alameda County Superior Court.

As alleged in the complaint, the district attorneys brought this action following the discovery that Walgreens had employed an individual by the name of Kim Thien Le as a pharmacist at multiple bay area pharmacy locations for over a decade, even though she was not licensed by the Board of Pharmacy.

“This case serves as a cautionary tale for every health care provider that hires people into positions requiring a professional license,” District Attorney O’Malley says. “The burden is on the company to make sure its employees are properly licensed and to complete a thorough background check. My office will be vigilant in protecting consumers and enforcing licensing laws.”

The complaint alleges that Walgreens failed to vet Ms. Le thoroughly when it promoted her to positions requiring a license and failed to make sure that its internal systems were strong enough to prevent an employee from evading them. The complaint alleges that Ms. Le performed one or more of the pharmacist-required steps for over 745,000 prescriptions, including over 100,000 prescriptions for controlled substances.

Ms. Le’s employment with the company ended in or about October 2017. She has since been criminally charged by the California Attorney General’s Office with false personation and related felonies. Ms. Le pleaded not guilty to the charges and her case is pending. (People v. Kim Thien Le, Alameda County Docket #19-CR-011517, filed July 25, 2019.)

Once this matter came to light, Walgreens took immediate steps to re-verify the licenses of its pharmacy employees around the country and instituted other remedial measures.

The civil judgment requires Walgreens to ensure licensure compliance by implementing a verification program, posting proof of licensure, conducting annual audits, and submitting an annual compliance report. The judgment also requires Walgreens to pay approximately $7.5 million in penalties, costs and remedial payments.

Lifting Barriers Workshops Jan 29, 2020

The District Attorney’s Office, in coordination with the Hayward South Alameda County NAACP, launched a program to provide a clear and straightforward process for eligible individuals to request dismissal of prior criminal convictions.

“We know that a prior conviction on a person’s record can have a huge impact on his or her ability to move forward in life. The District Attorney’s Office is proud to partner with the NAACP to help pave a path towards a life free from the roadblocks resulting from a criminal history,” says DA O’Malley.

The District Attorney’s Office will staff two Saturday drop-in workshops at the Hayward Public Library to assist individuals in filling out and completing petitions for dismissal. The only pieces of information that will be needed at the workshops are a full name, date of birth and PFN (personal file number). District Attorney staff will be able to look up prior cases and conviction information. Blank petitions will also be available at the NAACP Office in Hayward. The NAACP will be able to assist individuals in filling out and completing the petitions, which will then be delivered to the DA’s Office.

Once the District Attorney’s Office reviews the petitions, staff will contact the individuals seeking dismissal, will allow eligible individuals to waive appearance in court, and will submit the petitions to the court for review and dismissal.

Click here to view important applicant information for dismissal

The two workshop dates will be February 8 and 15 from 10am to 2pm at the Hayward Public Library located at 888 C Street in Hayward.

Alameda County DA O’Malley and Hayward South NAACP Launch: Lifting Barriers Towards a Clean Slate Jan 29, 2020

HAYWARD, CA - On January 29, 2020 the District Attorney’s Office, in coordination with the Hayward South Alameda County NAACP, launched a program to provide a clear and straightforward process for eligible individuals to request dismissal of prior criminal convictions.

“We know that a prior conviction on a person’s record can have a huge impact on his or her ability to move forward in life. The District Attorney’s Office is proud to partner with the NAACP to help pave a path towards a life free from the roadblocks resulting from a criminal history,” says DA O’Malley.

The District Attorney’s Office will staff two Saturday drop-in workshops at the Hayward Public Library to assist individuals in filling out and completing petitions for dismissal. The only pieces of information that will be needed at the workshops are a full name, date of birth and PFN (personal file number). District Attorney staff will be able to look up prior cases and conviction information. Blank petitions will also be available at the NAACP Office in Hayward. The NAACP will be able to assist individuals in filling out and completing the petitions, which will then be delivered to the DA’s Office.

Once the District Attorney’s Office reviews the petitions, staff will contact the individuals seeking dismissal, will allow eligible individuals to waive appearance in court, and will submit the petitions to the court for review and dismissal.

Click here to view important applicant information for dismissal

The two workshop dates will be February 8 and 15 from 10am to 2pm at the Hayward Public Library located at 888 C Street in Hayward.

2020 Human Trafficking Awareness Billboard Campaign Jan 8, 2020

Alameda County District Attorney Launches New Campaign Designed to Engage All Community Members in the Fight to End Human Exploitation and Trafficking

2020 Human Trafficking Awareness Month and Campaign

“TAKE THE PLEDGE”

Alameda County District Attorney Nancy E. O’Malley, Robert Schmitt, Regional President, and Bruce Qualls, Vice President, Clear Channel Outdoor Real Estate and Public Affairs Clear Channel Outdoor, have unveiled a new campaign to combat human trafficking in all forms. The campaign is called “TAKE THE PLEDGE”. It invites and challenges members of the community to declare their support of the efforts to combat human trafficking and exploitation. “TAKE THE PLEDGE” will be presented on Clear Channel billboards and bus shelters which are visible throughout Alameda County. The Campaign aims to mobilize the public, to heighten community awareness and education and to let people know how they can support the fight against human trafficking. Members of the community can click on the “TAKE THE PLEDGE” icon on HEATWatch.org and register their support. They can also learn how they too, can support the efforts of the many activists and abolitionists working to end human trafficking.

The Alameda County District Attorney’s Office and Clear Channel Outdoor have collaborated for many years to deliver education and awareness to communities throughout Alameda County and the greater Bay Area. January 2020 is National Human Trafficking Awareness Month. “TAKE THE PLEDGE” is a way to start the new decade with determination and action aimed at stopping both commercial sexual exploitation and commercial labor exploitation.

The 2020 campaign consists of billboards and bus shelters visible in neighborhoods and from roadways throughout the Alameda County. The billboard’s message “TAKE THE PLEDGE” challenges every member of the community to play a role in putting an end to modern-day slavery. The billboards drive internet traffic to the DA’s Human Trafficking website, where one can take the pledge anonymously and, in addition, sign up for text and/or e-mail alerts with messages detailing ways to become involved in the fight. From heightening understanding and education, to starting campus clubs and participating in events and actions, there will be something for everyone. To “TAKE THE PLEDGE” simply click on the icon at HEATWatch.org. By doing so, individuals are showing the community’s support to ending human trafficking.

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People v. Jermaine Bradford Dec 19, 2019

On December 19, 2019, an Alameda County jury convicted defendant Jermaine Bradford of three felony counts of committing sexual acts on a child under the age of 10. Jane Doe was 6 years old when the crimes occurred sometime during the late winter and spring of 2016. The defendant committed these acts while driving Jane Doe to school in his van. The defendant is facing a sentence of up to 45 years to life in prison. The case was prosecuted by DDA Chris Infante with investigative work by Insp. Kendell Won and Insp. Jason Hawks. Victim advocacy was provided by Stephanie Lynch.

ALAMEDA COUNTY DA O’MALLEY ANNOUNCES CONSUMER PROTECTION SETTLEMENT WITH FASHION NOVA INC. Dec 19, 2019

Alameda County District Attorney Nancy E. O’Malley announced today that her office, along with the District Attorneys of Los Angeles, Napa and Sonoma Counties, settled a civil consumer protection action against a California company known as Fashion Nova, Inc. The judgment was filed in Alameda County Superior Court and signed by Judge Tara Desautels.

Fashion Nova is a retailer that operates in the “fast fashion” industry. “Fast fashion” refers to clothing that moves rapidly from fashion shows or popular culture to mass production and retail sale. The majority of Fashion Nova’s sales take place on-line, over its Internet website wwww.fashionnova.com. The civil action alleges that Fashion Nova violated consumers’ rights by repeatedly failing to fulfill and ship orders within the legally mandated timeframe.

California law requires that orders placed over the Internet generally must be shipped within thirty days, failing which the business must either provide a refund, or take some other action, such as sending the buyer a written notice regarding the delay. The content of these “delay notices” are regulated by statute and must include, among other things, the expected duration of the delay and an offer of a refund, upon request.

The complaint alleges that Fashion Nova repeatedly violated these laws by failing to ship items to California consumers within 30 days of their orders and, at least until April 2018, by failing to provide adequate delay notices. The complaint alleges that Fashion Nova committed other violations of the law, such as failing to adequately disclose its return policy on the website.

“These types of consumer protection laws in California are on the books to make sure retailers treat their customers in an equitable and professional manner,” District Attorney Nancy O’Malley said. “When consumers place an order over the Internet, they are entitled to receive the items promptly or get a legally adequate explanation why they haven’t.”

The judgment includes an injunction to prevent further violations of law and requires Fashion Nova to pay approximately $250,000 in direct restitution to consumers. Without admitting liability, Fashion Nova was further ordered to pay $1.5 million in costs, penalties and other remedial payments. The company cooperated fully in the investigation and agreed to make changes to its business practices.