REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 13, 2023
FROM
JASON ANDERSON, District Attorney
SUBJECT
Title
Grant Application for the 2023-24 San Bernardino County Automobile Insurance Fraud Prosecution Program
End
RECOMMENDATION(S)
Recommendation
1. Approve grant application to the California Insurance Commissioner, including the Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino County District Attorney’s Office, for the San Bernardino County Automobile Insurance Fraud Prosecution Program in the amount of $1,019,794 for the period of July 1, 2023 through June 30, 2024.
2. Adopt Resolution, as required by the California Insurance Commissioner, authorizing the Chief Deputy District Attorney to execute and electronically submit the final Automobile Insurance Fraud Prosecution Program grant application, including the Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino County District Attorney’s Office, and any subsequent non-substantive amendments, subject to County Counsel review.
3. Direct the Chief Deputy District Attorney to transmit the Automobile Insurance Fraud Prosecution Program grant application, including the Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino County District Attorney’s Office, and any non-substantive amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Michael Fermin, Chief Assistant District Attorney, 382-3662)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in use of additional Discretionary General Funding (Net County Cost). The costs of the County’s Automobile Insurance Fraud Prosecution Program (Program) are fully funded by the grant and matching funds are not required. The requested grant amount of $1,019,794 for 2023-24 will be used to fund the following existing staff: one Deputy District Attorney, two District Attorney Senior Investigators, and one Secretary I. The District Attorney’s Office (Department) 2023-24 recommended budget includes $760,898 from this grant, based on the actual award received in 2022-23. Once awarded, the Department will return to the Board of Supervisors (Board) for award acceptance and any necessary budget adjustments.
BACKGROUND INFORMATION
Section 1872.8 of the California Insurance Code and California Code of Regulations, Title 10, Chapter 5, Subchapter 9, Article 4, Section 2698.65 authorize the California Insurance Commissioner to distribute funds assessed against insurers to agencies statewide for the investigation and prosecution of automobile insurance fraud cases. Since 1991, San Bernardino County has received grant funding from the State for this purpose. Approval of the recommended actions will allow the Department to seek continued Program funding for 2023-24. The prosecution of automobile insurance fraud often results in reduced insurance claims payments and a commensurate decrease in automobile insurance premiums for County residents.
The grant application includes, as a required attachment, a Joint Investigative Plan between the Inland Empire Fraud Division Regional Office and the San Bernardino District Attorney’s Office. A sample of the Joint Investigative Plan that will be signed is included as part of the grant application submitted with this Board Agenda Item.
The California Insurance Commissioner sent notice to all participating agencies statewide that the due date to submit a grant application for the program would be June 30, 2023. Due to the grant requirement to include statistical information through mid-June 2023, the Department anticipates that the final application will be completed by June 23, 2023. After completion, the Department will electronically submit the final grant application to the State. A copy of this final application will be filed with the Clerk of the Board. Approval of this item adopts the Resolution that authorizes the Department to electronically execute and submit the grant application, as required by the California Insurance Commissioner for this grant.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5455) on May 16, 2023; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on May 24, 2023; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on May 25, 2023.