LAKE COUNTY – District Attorney Jon Hopkins is turning up the heat in the fight against bad checks with a three-part program designed to benefit everyone in the county.

Local merchants will have two opportunities this week to learn about the new Bad Check Program by attending presentations in Lakeport and Clearlake.

A representative of the new program will be available to answer questions, and pass out applications to participate in the new program, at 9 a.m. Wednesday, April 18 in the historic Courthouse Museum in downtown Lakeport; and at 9 a.m. Thursday, April 19 in the Clearlake City Council Chambers, 14050 Olympic Drive.

The new service gives merchants and other victims an effective, no-cost way to recover funds lost to bad checks. It also helps businesses avoid bad checks in the first place. Finally, it helps bad check offenders prevent future bad checks. Fewer bad checks mean a healthier economic climate.

“By the time a check reaches this program, it’s very likely a criminal offense,” said Hopkins. “That’s how the case is treated. Under California statutes the case could go directly to prosecution. But prosecuting every criminal bad check isn’t necessarily the best way to address the crime.”

Similar to other diversion programs, the Check Enforcement Program offers bad check writers the opportunity to avoid possible prosecution. To steer clear of a visit to the judge, bad check writers must fulfill the conditions of the programs.

The first condition on the list is to make full restitution to the victims as well as a service fee to cover the costs incurred as a result of the bad check. Check writers will also pay the fees required to administer the program. In this way, there is no cost to victims, the District Attorney’s Office or other taxpayers. Check writers pay the entire cost of this program.

The Check Enforcement Program deals with checks that were dishonored because of insufficient funds, closed account or no account. Check forgeries or counterfeit checks should be referred to the police immediately – there is no chance that these offenders would avoid prosecution.

“The solution fits the crime,” Hopkins explained. “Everybody gets what they’re seeking. Victims of bad checks universally just want their money and the Check Enforcement Program will return 100 percent of any check that’s recovered plus a victims’ service fee.”

The police, the District Attorney’s Office and the courts are relieved of having to investigate, prosecute and try a large number of bad check cases, Hopkins said. That lets them reassign precious resources to violent crimes or crimes that involve personal safety.

Hopkins also pointed out that the community as a whole benefits from fewer bad checks being passed.

He emphasized that bad checks, of any size, are a serious matter. “This is essentially a one-time offer for people passing bad checks and my office will definitely pursue bad check cases for possible prosecution,” Hopkins said. “I’m sure there will be some people who refuse to cooperate – just as I’m sure there will be cases that go to trial.”

Because, through the Check Enforcement Program, the offending check writer can clear up the matter and avoid possible prosecution – there is a strong incentive to cooperate with the District Attorney’s Office. That is what makes these programs successful, said Hopkins.

The Check Enforcement Program for Lake County is a twin of several successful programs that are working throughout the country. Plumas, San Benito, San Diego, Siskiyou and Sutter all have such a program and have seen excellent results. Nationally, the programs have returned several millions of dollars to merchants and other victims of bad checks crime – at no cost to anyone but the check writers who have passed bad checks.

The Check Enforcement Program will have “teeth” to go after those people who have passed bad checks with the intent of never making them good, but there is also a strong prevention component in the Check Enforcement Program.

For example, the program will provide merchants with free information and materials to help them avoid bad checks in the first place. The program guidelines detail exactly how to handle all checks – but especially bad checks – so the District Attorney can pursue them, should it come to that.

As a final requirement of the program, bad check writers must complete an educational course that teaches them how to manage their finances better. This will help them avoid future bad checks. Experience in other jurisdictions shows this prevention measure works well, significantly lowering the number of repeat offenders.

Hopkins said this is a positive step toward crime prevention. “Prevention is always preferable to prosecution,” he said.

Hopkins said he’s looking forward to making this a beneficial program for everyone in the county.

“Ultimately we all pay the cost of this crime because merchants are forced to raise prices to make up for the money that’s stolen through bad checks,” he explained. “With the Check Enforcement Program, businesses in Lake County that get involved will benefit directly and all of us will benefit indirectly from fewer bad checks.”

Getting involved is a simple process. Merchants or individuals who cannot attend the presentations can call toll-free, 866-531-7108 to receive information. There is also a Web site, www.hotchecks.net/Lake, where people can register and download forms.

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