Diego’s to Pay Crab Fraud Fine

Diego’s, a popular Pacific Beach restaurant, has agreed to pay a penalty of about $10,000 after an investigation by the state and city concluded that substitute ingredients were used in a dish the menu stated contained pure crab meat.

“They were substituting imitation crab meat for the real thing in the crab meat enchiladas,” Deputy City Atty. James D. Bivens said. “The Diego’s menu was false about the contents of the enchiladas.”

R.G. Bellows, an attorney for the restaurant, said the management chose to use the other ingredients because they had received complaints from customers that the crab meat they were eating tasted and appeared different on different occasions.

“They were getting complaints from customers, and they said, ‘Why don’t we just go to imitation crab meat because it will look the same and taste the same,’ ” Bellows said, adding that the management did not believe they were breaking any law. Bellows said that after the inquiry, chefs resumed serving pure crab meat in November. The final agreement on the $10,000 penalty was reached earlier this month.

The inquiry began after an employee in September reported the substitution to the state Health Services Food and Drug Department, which told the San Diego city attorney’s office.

A state investigator and city investigator went to Diego’s and ordered the crab meat enchiladas, Bivens said Friday. They took some of the contents for analysis and asked the restaurant’s managers about the ingredients.

Officials from the restaurant admitted using other ingredients. Bivens said investigators did not believe that the restaurant’s management deliberately advertised falsely to make a profit. The investigators received “forthright” cooperation from restaurant personnel, he said.

Michael Mangnanti, president of Diego’s, which has two other restaurants, refused to comment.