Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  21-000702

 

MEETING DATE:

08/24/21

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Glenn Robison (714) 347-8778 

 

 

Shawn Nelson (714) 347-8402

 

 

Subject:  District Attorney Real Estate Fraud Prosecution Annual Report FY 2020-21

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No

 

 

    Prior Board Action: 02/23/2021 #5, 08/25/2020 #4, 08/27/2019 #2, 08/14/2018 #1

 

RECOMMENDED ACTION(S):

 

Approve the District Attorney Real Estate Fraud Prosecution Annual Report for FY 2020-21 pursuant to Section 27388, subdivision (d) of the California Government Code.

 

 

 

 

SUMMARY:

 

Approval of the District Attorney Real Estate Fraud Prosecution Annual Report covering FY 2020-21, pursuant to Section 27388, subdivision (d) of the California Government Code, will allow the continued investigation and prosecution of real estate fraud crimes in Orange County, which is essential in maintaining public safety.

 

 

 

BACKGROUND INFORMATION:

 

By Resolution No. 21-020, on February 23, 2021, the Board of Supervisors (Board) approved the extension of a $3 recording fee on certain real estate instruments for funding prosecution and deterrence of real estate fraud crimes to March 31, 2024.  Pursuant to Section 27388, subdivision (d) of the California Government Code, the District Attorney is required to submit the annual report to the Board on or before September 1 of each year.  By Minute Orders dated August 25, 2020, August 27, 2019, and August 14, 2018, the Board approved the District Attorney Real Estate Fraud Prosecution Annual Reports covering FYs 2019-20, 2018-19 and 2017-18, respectively.

 

In FY 2020-21, the District Attorney's Real Estate Fraud Prosecution Unit (Unit) experienced a slight reduction in the number of referrals and prosecution activity, which may be attributed to the COVID-19 pandemic. The Unit continues to provide service to the public through the prosecution of real estate fraud crimes that frequently targeted distressed homeowners, unsuspecting investors and the elderly. 

 

Listed below is a summary of Case Statistics for the last three years:

 

Item

 

FY 2020-21

FY 2019-20

FY 2018-19

 

 

 

 

 

Number of referrals of suspected criminal real estate fraud to District Attorney

 

102

92

104

Number of referrals from County Clerk-Recorder

 

2

1

1

Number of investigations received from law enforcement agencies

 

11

11

12

Number of filed criminal cases

 

8

11

28

Number of cases rejected

 

33

47

93

Cases referred to other state or federal agencies

 

2

5

12

Number of convictions

 

5

4

18

 

 

The District Attorney requests Board approval of the attached Real Estate Fraud Prosecution Annual Report for FY 2020-21, in order to comply with the reporting requirements outlined in Section 27388, subdivision (d) of the California Government Code, as referenced in the Recommended Action.

 

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Real Estate Fraud Prosecution Annual Report - FY 2020-21
Attachment B - California Government Code Section 27388