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Bad-Check Unit Retrieved $2 Million in 5 Years : Law enforcement: The district attorney’s program is considered to be a model for others nationwide. It was one of the state’s first.

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SPECIAL TO THE TIMES

In the Ventura County district attorney’s bad-check unit, a sign shows a couple of characters laughing as one says to the other: “I can’t be overdrawn--I still have checks in my checkbook.”

Bouncing a check is no laughing matter to prosecutors, but members of the unit have good reason to smile these days. In nearly five years, the unit has returned more than $2 million to merchants and others who have received bad checks.

The office also has more than paid for its administrative costs during that time by collecting fees from people who wrote checks without sufficient funds. The district attorney’s office has returned almost $100,000 to the county’s general fund.

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The office will report Tuesday to the County Board of Supervisors on the success of the program, one of the state’s first and a model for counties nationwide.

“None of the costs are borne by the taxpayer, the district attorney’s office or the merchant,” said Assistant Dist. Atty. Colleen Toy White, who helped start the program. The writer of the bad check pays for it all.

It works this way: Someone is paid with a bad check. The bank processes the check twice without success, and the check recipient attempts to get reimbursed by the check writer. If that fails, the merchant fills out a special form.

Then the district attorney’s Non-Sufficient Funds Check Restitution and Prosecution Unit sends a letter to the check bouncer, informing him that he has 10 days to cover the check and pay a $25 fee or face prosecution. All the money must be paid to the district attorney’s office by cashier’s check. Then the victim is repaid for his loss.

“One thing we found out is that the obligation to come to the district attorney’s office or send it here is very persuasive,” White said. “It points out this is serious. They can’t be cavalier about it.”

If the money isn’t repaid, the office sends a second letter telling the check writer to pay an additional $40 fee and attend a special class or face prosecution. The four-hour class teaches him how to manage his checking account and tells him why he shouldn’t bounce checks.

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“Some of them consider it a short-term loan,” White said. “It’s a crime.”

Not everyone gets a chance to pay up and avoid prosecution. The amount of the check or a prior record of theft might prompt prosecutors to bring charges.

“We look at the history,” said Vinse Gilliam, senior investigator with the unit.

So far, 3,524 victims have participated in the program, submitting 48,561 checks. Arrest warrants were issued for 1,536 offenders. Of these, 653 eventually pleaded guilty and one was prosecuted successfully at trial.

In 1986, Ventura County was one of six counties in the state to participate in a pilot program aimed at recouping money lost in bad checks. Chamber of Commerce officials were eager to help merchants.

“Before the program, they turned in complaints to the police departments who were already overburdened,” said Stephen Rubenstein, president and chief executive officer of the Conejo Valley Chamber of Commerce. “If it was under $100, it was not investigated. They were inundated with more serious things.”

Those who use the program rave about it, he said: “Not enough merchants know about it. That’s the downside.”

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