Orange_County_District_Attorneys_Office_Public_Works.pdf
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- IFB-080-3090406-DS
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- Orange County, San Francisco City, California
About this file
This document describes the Orange County District Attorney's Office Public Works Unit, a law enforcement resource established in June 2011 within the Workers Compensation Insurance Unit to investigate and prosecute contractors and subcontractors engaged in prevailing wage violations and workers' compensation fraud on public works projects. The unit collaborates with the California Department of Industrial Relations, Employment Development Department, California Department of Insurance, and Contractor State License Board to enforce compliance with Labor Code Section 1776, which requires contractors and subcontractors to maintain accurate certified payroll records showing employee names, addresses, social security numbers, work classifications, hours worked, and wages paid. The certified payroll records must be submitted on forms provided by the Division of Labor Standards Enforcement and verified under penalty of perjury, confirming that employers have complied with prevailing wage requirements for sections 1771, 1811, and 1815.
Since its establishment in June 2011, the Orange County District Attorney's Public Works Unit has filed 42 defendants, served over 80 search warrants, and obtained 4 grand jury indictments for violations including Labor Code Section 1778 (taking or receiving portions of worker wages), Penal Code Section 115 (filing false and forged instruments), Insurance Code Sections 11760 and 11880 (premium fraud and misrepresentation to insurance companies), and Unemployment Insurance Code Sections 2117.5 and 2118.5 (failure to report and willful failure to pay payroll taxes). Prosecutions have resulted in sentences ranging from 90 days to 7 years 4 months imprisonment, with cases involving general contractors, subcontractors in various trades (electrical, HVAC, fire sprinkler, landscaping), and office personnel. Inquiries regarding prevailing wage violations and workers' compensation fraud can be directed to DDA Raymund Diaz at (714) 402-0251 or Investigator Eddie Gomez at (714) 329-3070, or reported through the Insurance Fraud Hotline at (714) 648-3650.
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Orange County
District Attorney’s Office
Public Works Unit
The District Attorney’s Office created a new Public Works Unit within our
Workers Compensation Insurance Unit in June 2011.
This unit was created to ensure that contractors bidding on Public Works projects are on an even playing field and also to protect the wages and benefits of employees working on these projects. The unit focusses on investigating and prosecuting contractors and their agents who underpay employees prevailing wages as well as commit fraud in the workers’ compensation arena.
Work with Department of Industrial Relations (DIR), Employment
Development Department (EDD),California Department of Insurance
(CDI), and Contractor State License Board (CSLB).
OCDA PUBLIC WORKS UNIT
Labor Code Section 1776(f)(1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the
Underground Economy established
Unemployment Insurance Code and pursuant other to Section 329 of the law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records.
Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint
Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual's name, address, and social security number.(2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
CERTIFIED PAYROLL REQUEST
1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
LABOR CODE 1776
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
LABOR CODE 1776
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating the information contained in the payroll record is true and correct.
CERTIFIED PAYROLL RECORD
Form can be located at: https://www.dir.ca.gov/dlse/Forms/PW/DLSEFormA-1-131.pdf
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating the information contained in the payroll record is true and correct.
PENALTY OF PERJURY
Form can be located at: https://www.dir.ca.gov/dlse/Forms/PW/DLSEFormA-1-131.pdf
INCORRECT
FORM
COMMON CHARGING SECTIONS
Labor Code 1778 – Taking and receiving portion of worker’s wage on Public Works
Worker’s Compensation
Penal Code 115(a) – Record false and forged Instrument
Insurance Code 11760(a) – Misrepresent Facts to
Insurance Company
Insurance Code 11880(a) – Fraud against State Compensation Insurance Fund
Unemployment Insurance Code 2117.5 – Failure to properly report payroll taxes
Unemployment Insurance Code 2118.5 – Willful failure to pay tax
TAKING OR RECEIVING PORTION
OF WAGES OF WORKMAN
Labor Code 1778
Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives or conspires with another to take or receive, for his own use or the use of any other person any portion of the wages of any workman or working subcontractor, in connection with services rendered upon any public work is guilty of a felony.
• The defendant was a contractor, subcontractor, or with awarding body, doing public work;
• The defendant had a worker to render service upon a public works project;
• The worker should have been paid full prevailing wage in connection with the public work labor;
• The defendant took a portion of the worker's wages
PREMIUM FRAUD
Labor Code 11760(a)
Commission of premium fraud constitutes a Felony crime under the provisions of
Insurance Code §11760(a) if the insurance company defrauded is a private insurance company .
1. A person made, or caused to be made, any knowingly false or fraudulent statement
2. The statement was made either orally or in writing;
3. The statement contained a fact material to the determination of the premium, the rate, or cost of the insurance
4. The person made that statement for the purpose of reducing the premium, reducing the rate, or reducing the cost of insurance.
Defendants Filed on: 42
Search Warrants Served: 80+
Grand Jury Indictments: 4
ACTIVITY SINCE JUNE 2011
CONTRACTOR STATUS
General Contractor Completed – Received 2 years prison
Subcontractor / Fire Sprinkler Completed - Received 2 years prison
Subcontractor / HVAC Convicted 37 counts. Sentence pending
General Contractor Defendant 1 year jail and probation. Co-defendant 7 years 4 months
Subcontractor / Electrician (Bookkeeper & Office Manager)
Completed – (2) defendants received 6 months jail time and 3 years probation
Landscaper 90 days by Court with full restitution. % years Formal Probation
General Contractor (Office worker, superintendent and owner)
Court Case pending- 6 co-defendants
General Contractor (Superintendent and subcontractor)
Court Case pending- 3 co Defendants 1 Defendant pending sentencing PG 29 Counts
Subcontractor/Bookkeeper 16 months, 3 years mandatory supervision/ 30 days jail probation
CONTACT INFORMATION
DDA Raymund Diaz
Raymund.Diaz@ocdapa.org
(714) 402-0251
Investigator Eddie Gomez
Eddie.Gomez@ocdapa.org
(714) 329-3070
Insurance Fraud Hotline
Website:
(714) 648-3650 https://orangecountyda.org/workers-compensation-insurance-fraud/ mailto:Raymund.Diaz@ocdapa.org
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