Consumer Alert: Financial Exploitation

You hire a nurse to help your mother around the house. You expect the nurse to take care of your mother’s health and to watch over her home. After a few months, however, you notice that the power company has shut off your mother’s power, and you discover large withdrawals from your mother’s savings account. If this sounds familiar, you or someone you know may be a victim of financial exploitation. Far too often, trusted individuals use a position of power to take advantage of vulnerable adults for personal gain. Every year, many people are financially exploited by strangers, caregivers, friends, and sometimes even family members. Fortunately, there are several steps you can take to learn the warning signs of financial exploitation and prevent yourself, or someone you know, from becoming a victim.

What is financial exploitation?

Financial exploitation occurs when a person misuses or takes the assets of a vulnerable adult for his or her own personal gain. Financial exploitation often occurs to senior or disabled adults and deprives them of financial resources vital for their personal needs.

What are some of the warning signs of financial exploitation?

1) Unusual banking or credit card activity, or sudden changes in account balances or information:

  • Bank statement shows large purchases or ATM withdrawals that are uncharacteristic of prior spending habits.
  • Multiple checks made out to “Cash.”
  • Credit cards are used more frequently or for much larger purchases than usual.
  • Accounts have recently had their passwords changed or new persons were recently allowed access to an account.

2) Unusual interactions with a caregiver:

  • A caregiver shows an excessive interest in a loved one’s finances or suddenly begins conducting financial transactions on their behalf.
  • A caregiver does not allow financial institutions to speak directly with the persons they are caring for.
  • A caregiver begins providing substandard care or services that you did not request.

3) Suspicious changes in personal documents, such as wills or powers of attorney:

  • After years of staying the same, your friend or loved one amends his or her will in favor of one individual.
  • A friend or loved one signs a Power of Attorney document you did not know about, giving excessive authority over his or her finances or health decisions to someone else.

4) Sudden appearance of previously uninvolved relatives or new friends:

  • A new friend or distant relative who has previously been uninvolved—but who suddenly takes great interest in a loved one—can be a sign of exploitation. Remember, financial exploitation is not limited to strangers.

5) Unpaid bills:

  • Bills begin piling up even though a caregiver is supposed to be paying them.
  • Termination of services, such as utilities or cable TV.

6) Indications of other abuse:

  • Changes in behavior or appearance that may be the result of physical abuse, emotional abuse, or neglect.
  • Forged signatures on documents you have never seen.
  • Missing valuables or assets.

How do I avoid becoming the victim of financial exploitation or seeing a loved one fall victim?

The most important thing to remember is to remain knowledgeable and vigilant:

1) Be familiar with common scams in the District of Columbia.

  • OAG’s Office of Consumer Protection and other D.C. agencies, such as the Metropolitan Police Department, regularly report on common scams, including: Telemarketing, Charity, Identity Theft, Prize and Sweepstakes, and Relative in Distress Scams.
  • USA.gov is a federal resource that provides additional information on scams, including: Census Related Fraud, Charity Scams, Financial Fraud, Lottery and Sweepstakes Scams, Pyramid Schemes, Tax-Related Identity Theft, and other Telephone Scams.
  • The Federal Trade Commission’s Pass It On website has tips on starting conversations about financial exploitation and to read about past victims’ experiences at http://ftc.gov/passiton.

2) Most importantly, if you suspect financial exploitation of an adult you know, report it to the District of Columbia Adult Protective Services at (202) 541-3950.

3) Make sure you trust the people with access to personal information, money, or care.

  • Have a discussion with your trusted family members about your long-term care. Make sure to discuss compensation and the scope of services to be provided.
  • Conduct a background check on the people you hire to be a caregiver.
  • Regularly talk to your loved one about their personal and financial well-being.

4) Consider providing a trusted relative or friend with a Power of Attorney.

  • You may want to consider having yourself or a trusted relative appointed as a Power of Attorney, which is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter.
  • Someone with Power of Attorney can help monitor a person’s well-being and prevent financial abuse.
  • A Power of Attorney form can be purchased at most office supply stores or may be available for free from a retirement home or your bank or other financial institution.

5) Know that you are not alone.

What should I do if I or a loved one may be a victim of financial exploitation?

1)  File a complaint with the District of Columbia Attorney General’s Office of Consumer Protection by calling our hotline at (202) 442-9828, by emailing consumer.protection@dc.gov, or by regular mail at:

Office of Consumer Protection
Office of the Attorney General
441 4th Street NW
Washington, DC 20001

2)  Report allegations of exploitation to the D.C. Adult Protective Services by calling the Adult Protective Services Hotline at (202) 541-3950, available 24 hours 7 days a week, or by visiting the Adult Protective Services Office between the hours of 8:45 a.m. to 4:45 p.m. at:

Adult Protective Services
64 New York Avenue NE, 4th Floor
Washington, DC 20002

3)  File a police report with the Metropolitan Police Department by calling the police at (202) 265-9100 or by visiting an MPD district station. Your report will then be sent to the MPD Financial and Cyber Crimes Unit for further investigation.

4)  If you fear that your financial exploitation is a result of Identity Theft, you can go to the following links for more information concerning how to report it and create a recovery plan:

Below you'll find links to PDF versions of this information in English and Spanish:

Restorative Justice Program

In 2017, OAG launched the Restorative Justice Program, the first of its kind in the nation. The program offers victims an opportunity to pursue an alternative path to address crime, involving a restorative justice dialogue facilitated by a trained professional. The restorative justice process can help victims of crime find closure and healing and help young people involved in crime learn from their mistakes and be held accountable. (OAG is the exclusive prosecutor for juvenile offenses and prosecutes some adult misdemeanors.) OAG’s Restorative Justice Program embodies a commitment to giving victims of crime voice and agency while treating all parties, including those who cause harm, with dignity.  

What is Restorative Justice? 

Restorative justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is a victim-centered approach to addressing crime and conflict, which provides the victim and the young person who caused harm a chance to opt into a facilitated conversation about what happened, how everyone was affected, and what needs to happen to resolve the matter so that it never happens again.  

The theory of restorative justice is built on extensive research and has proven positive outcomes in rigorous studies around the world. That said, restorative justice must be performed with fidelity, and only when victims of crime are willing and amenable, and when all parties are committed to resolution.  

Why do Restorative Justice? 

Current research from the United States and around the world shows that restorative justice is effective in helping victims move forward and limits the likelihood of future crime. 

Rigorous studies show that restorative justice helps victims of even serious, violent crime move forward after victimization with fewer symptoms of post-traumatic stress syndrome and anger compared to those who go through the traditional justice process. Those who participate in restorative justice consistently show high rates of satisfaction with the process, and victims of crime report that they would recommend the process to a friend in a similar situation. 

Researchers emphasize the importance of young people taking responsibility for their behavior and building empathy and consequential thinking to reduce the likelihood of committing future crime. Restorative justice requires the accused to be accountable and to hear directly from the harmed person about how the crime has hurt them and their families. Randomized controlled trial studies from the United Kingdom and Australia showed reduced future crime by the people who took part in restorative justice compared to those who went through the traditional criminal and juvenile justice process.  

Because restorative justice centers on the dignity and humanity of all participants, it addresses the stark racial disparities that exist in our nation’s justice system.  Researchers on race and equity and proponents of restorative justice have both emphasized the transformative nature of restorative justice, and its capacity to help repair the harm inflicted by systemic biases that pervade the justice system. 

How does restorative justice work? 

If all parties are willing, OAG restorative justice conferencing involves bringing together the victim and the accused along with their respective supporters to have a safe and honest conversation about the harm. This conference is made possible by a restorative justice facilitator who prepares all participants to meet with integrity and come to a resolution as a group. It is not adversarial, but cooperative. It allows everyone to have an active role in addressing the harm and problem-solving to reduce the likelihood of future harm.  

Trained OAG Restorative Justice Facilitators work with both sides before any restorative justice dialogue to ensure that the victim is amenable to participating and the person who committed the crime is willing to take responsibility for their actions. The facilitator will prepare all parties for the restorative justice dialogue and bring them together outside an adversarial court process. If everyone comes to agreement about what the person who committed the crime needs to do, the facilitator will monitor that agreement for weeks or months to ensure compliance.  

For youth charged with violent crime, the OAG Restorative Justice process requires participation in at least 10 weeks of group cognitive behavioral therapy (CBT) sessions provided by a community-based therapy practice. Cognitive behavioral therapy is a proven behavior change intervention and helps reinforce restorative justice themes of empathy and consequential thinking for youth in the juvenile justice system. 

Evaluating Success of OAG’s Program 

Studies from across the world have shown positive outcomes for victims and offenders using restorative justice compared to traditional court processing. At OAG, victim satisfaction surveys have consistently shown that victims of crime who participate in restorative justice are satisfied with the process and would recommend it to a friend in a similar situation. Early internal recidivism analysis done at OAG shows that youth who participate in restorative justice are less likely to commit future crime compared to a similar cohort who was prosecuted in a traditional manner. In 2021, OAG launched a rigorous outside evaluation of its restorative justice program, led by researchers with extensive experience evaluating programs in the criminal justice system. OAG seeks to learn more about if and how restorative justice helps offenders change behavior and how best to support people who have been victimized by crime.  

These evaluations of the OAG Restorative Justice Program are being funded by the Annie E. Casey Foundation, a philanthropic institution committed to rigorous research and the improvement of justice systems.  

Resources 

 

Dangers of Synthetic Drugs

Packaged synthetic drugs

What are Synthetic Drugs?

Synthetic drugs, specifically synthetic cannabinoids, are a mixture of herbs, incense and/or spices that are sprayed with synthetic (human-made) mind-altering chemicals. These drugs can produce hallucinogenic effects. Even though some people call synthetic cannabinoids “fake weed,” these drugs are not a form of marijuana and their effects are far more risky.

The active ingredients in these drugs are synthetic chemicals that are very dangerous—to the brain and other parts of the body. Because synthetic drugs are not regulated, they are not tested for safety so users don’t know what they are putting into their bodies.

Similarly, synthetic cathinones, more commonly known as "bath salts," are synthetic drugs made to mimic the chemical found in the khat plant. Khat is a shrub grown in East Africa and southern Arabia. People sometimes chew its leaves for their mild stimulant effect. Synthetic variants of cathinone can be much stronger than the natural product and are very dangerous.

Synthetic cathinones and synthetic cannabinoids are included in a group of concerning drugs called "new psychoactive substances" (NPS). NPS are unregulated psychoactive (mind-altering) substances that have become newly available on the market and are intended to copy the effects of illegal drugs. Some of these substances have been around for years, but have re-entered the market in altered chemical forms with renewed popularity.

What are the Legal Consequences?

Synthetic cannabinoids and synthetic cathinones are illegal in the District of Columbia. A person can be arrested and prosecuted for manufacturing, distributing, or possessing synthetic cannabinoids or synthetic cathinones. Pretrial Services, the Court Services and Offender Supervision Agency, and other community supervision agencies in the District of Columbia now test for synthetic cannabinoids or synthetic cathinones. Positive testing may impact a person’s job, parole, probation, or government benefits.

How is the Office of the Attorney General Combatting Synthetic Drugs?

  • Legal Action: The Attorney General is taking legal action against convenience stores that illegally sell synthetic drugs. Shutting down these businesses reduces access to these drugs and sends a strong message to other retailers that District laws will be enforced.
  • Legislation: In 2016 the D.C. City Council unanimously passed the Attorney General's SAFE DC Act, which makes it easier to fight synthetic drugs in the District. This law strengthened law enforcement officials’ ability to test for and prosecute cases against sellers and distributors. And because the opioid fentanyl was found in more than 80 percent of overdose victims in 2017, OAG introduced legislation that strengthens law enforcement’s ability to test for, and prosecute crimes related to, fentanyl. Chief Deputy AG Ludaway recently testified in support of making this important legislation permanent.
  • Education: The Office of the Attorney General's Community Engagement team attends ANC meetings, neighborhood meetings and other community events to educate the public on the dangers of synthetic drugs. This Office also conducted a synthetic drugs webinar in coordination with the Drug Enforcement Administration to educate convenience store owners how they can ensure their product line is legal.
  • Coalitions: The Office of the Attorney General partnered with the Coalition for Responsible Cannabis Production to develop creative strategies that will reduce the accessibility and use of illegal synthetic drugs. The Attorney General also created an internal Emerging Drug Trends Task Force to analyze and coordinate the Office's response to emerging drugs and drug-use trends in the District.

What are Resources for District Residents?

  • The Dangers of Synthetic Drugs: Created by the Office of the Attorney General, this pamphlet provides more information about the health risks of synthetic drugs and what to do if someone has ingested synthetic cannabinoids.
  • 911: If someone ingests synthetic cannabinoids and stops breathing, collapses, or has a seizure, dial 9-1-1 immediately.
  • National Capital Poison Center: In non-emergency situations, you can get free, confidential medical advice 24 hours a day by calling the National Capital Poison Center at (800) 222-1222.
  • Department of Behavioral Health: For addiction resources, contact the Department of Behavioral Health's 24/7 Help Line at (888) 793-4376
  • Metropolitan Police Department: If you believe a business is selling synthetic drugs, contact the Metropolitan Police Department Anonymous Tip Line at (202) 727-9099 or (202) 299-5555, or text 50411.

Traffic Safety Resource Prosecutor’s Blog

If You Feel Different, You Drive Different: Drive High, Get A DUI

Holidays like Labor Day are particularly dangerous for encountering impaired drivers.  According to the National Highway Traffic Safety Administration (NHTSA), 33% of the traffic fatalities that occurred over the 2015 Labor Day weekend involved drunk drivers.  Remember, in the District of Columbia, like all places nationwide, it is illegal to drive with a blood alcohol concentration of .08 or higher. But, unlike alcohol, there is no “per se” level for drug impaired driving here in the District.

In the District, it is illegal to operate or to be in physical control of any vehicle while intoxicated or while under the influence of drugs, alcohol, or a combination of the two. A drug is defined as any chemical substance that affects the processes of the mind or body, including but not limited to a controlled substance, and any prescription or non-prescription medication. A person is under the influence of a drug when their ability to operate a motor vehicle is impaired in way that can be perceived or noticed. 

Throughout the nation, law enforcement is reporting more and more drug impaired drivers on the road. Drivers who consume illicit drugs, prescription drugs, or even over the counter medication can place themselves and others at risk when getting behind the wheel.  Combining drug usage with alcohol can grossly impair the driver. Data concerning marijuana impaired drivers, for example, shows that the number of drivers killed in crashes who tested positive for marijuana doubled from 2007 to 2015.  

Like every year at the of the summer holiday, NHTSA and the District’s Department of Transportation are urging motorists to “Drive Sober or Get Pulled Over.” Recently, the Traffic Safety Resource Prosecutor (TSRP) attended the International Association of Chiefs of Police’s (IACP) annual Drugs, Alcohol, and Impaired Driving (DAID) Conference. There, NHTSA’s Deputy Administrator Heidi King kicked off the conference by announcing that drug impaired driving is a top agency priority.  NHTSA simultaneously launched its new education and awareness campaign - If You Feel Different, You Drive Different: Drive High, Get A DUI. Simply put, you cannot drive under the influence. That remains true for alcohol, and it holds true for drugs, legal or illicit.

Because impaired driving is completely preventable, please bear in mind several safe driving tips to remind all drivers to follow:

  • Before any celebration, plan a way to safely get home at the end of the night. If you wait until you’ve been drinking, you’re more likely to make the wrong decision and drive impaired when you shouldn’t.
  • Always designate a sober driver.
  • If you are impaired, take a taxi, call a sober friend or family member, or use public transportation.
  • Be vigilant and if you see an impaired driver on the road, contact local law enforcement.
  • If you know someone who is about to drive or ride impaired, take their keys and help them make safe travel arrangements to where they are going.

The Office of the Attorney General hopes everyone stays safe and enjoys the last days of summer.

For more information, please contact Assistant Attorney General and Traffic Safety Resource Prosecutor Melissa Shear at Melissa.Shear@dc.gov

Past Blogs

Operation Dry Water: A Reminder to Boat Safely this 4th of July

Operation Dry Water: A Reminder to Boat Safely this 4th of July

As the 4th of July approaches, the Potomac River and surrounding areas will fill with boating enthusiasts eager to tour the District’s popular landmarks, explore the waterfronts, and enjoy local dining destinations. Often, these recreational activities also involve alcohol consumption, which can impair your judgment, reaction time, vision, coordination, and balance. These effects of alcohol combined with the common boating stressors—sun, wind, vibration, and motion—can magnify the effect on your body.

According to the US Coast Guard, alcohol use is the leading known contributing factor in fatal boating accidents. Where the primary cause was known, it was listed as the leading factor in 19% of deaths. Alcohol is dangerous for passengers, too; intoxication can cause slips, falls over board, and hazardous conditions for the operator.

As the summer’s boating season gets underway, the U.S. Coast Guard will join forces with area law enforcement agencies to patrol the District’s waterways. These agencies will increase enforcement with “Operation Dry Water,” a national and annual enforcement campaign to raise awareness about boating under the influence. This year’s Operation Dry Water heightened awareness and enforcement weekend will take place nationwide, June 29-July 1, 2018.

Just like the law penalizes driving under the influence, it is a criminal offense to operate or be in physical control of any watercraft while intoxicated or under the influence. In the District, this means:

  • Intoxication: A person is boating intoxicated or has a blood/breath alcohol concentration of 0.08 or more or a urine alcohol concentration of 0.10 or more. If someone is under the age of 21, any measurable amount of alcohol is considered intoxicated.
  • Under the Influence: A person is boating under the influence if alcohol, any controlled substance, or any combination of alcohol and a controlled substance impairs a person’s ability to operate or be in control of a boat.   

If you are convicted, you could face fines up to $1,000 or 180 days in jail or both. Remember that additional penalties exist for repeat offenders or for those with minors on board at the time.

Enjoy the 4th of July and our local waterways this summer, but always remember to do so safely!

For more information, please contact Assistant Attorney General and Traffic Safety Resource Prosecutor Melissa Shear at Melissa.Shear@dc.gov

Designate a Sober Driver on St. Patrick’s Day

St. Patrick’s Day, a traditionally celebratory holiday, has become dangerous due to the number of drunk-driving crashes and fatalities. In general, weekend nights typically have heightened impaired driving occurrences, and with this year’s St. Patrick’s Day holiday falling on a Saturday, the threat to public safety is that much greater.

According to statistics from the National Highway Traffic Safety Administration, nationwide, from 2012 to 2016, the St. Patrick’s Day holiday period (6 p.m. March 16 to 5:59 a.m. March 18) saw the loss of 269 lives due to drunk driving crashes. In 2016 alone, 60 people were killed in drunk-driving crashes over the St. Patrick’s Day holiday.

While the term “drunk driving” is commonly used, bear in mind that even small amounts of alcohol can impair one’s judgment and affect one’s mental faculties and physical coordination.  All of these abilities are essential to operating a vehicle safely.  So, no matter if you are buzzed, tipsy, hammered, impaired, under the influence, drunk, or any other term used, be mindful of the risks posed when choosing to get behind the wheel after drinking. The criminal and civil consequences for making the wrong choice are far too severe.

The Office of the Attorney General encourages everyone who plans to celebrate St. Patrick’s Day to do so safely and to follow these simple tips:

  • Before the festivities begin, plan a way to safely get home at the end of the night. If you wait until you’ve been drinking, you’re more likely to make the wrong decision and drive impaired when you shouldn’t.
  • Always designate a sober driver.
  • If you are impaired, take a taxi, call a sober friend or family member, or use public transportation.
  • SoberRide: Washington Regional Alcohol Program’s (WRAP) SoberRide program, powered by the rideshare application Lyft, will be offering free rides home to users 21 years of age or older (up to $15) from 4:00 p.m., Saturday, March 17 until 4:00 a.m., Sunday, March 18. For more information about how to take advantage of this offer, please visit http://www.wrap.org/soberride/index.htm
  • SaferRide: Download NHTSA’s SaferRide mobile app, available in the app store. SaferRide allows users to call a taxi or predetermined friend and identifies the user’s location so he or she can be picked up.
  • Be vigilant, and if you see an impaired driver on the road, contact local law enforcement.
  • If you know someone who is about to drive or ride impaired, take their keys and help them make safe travel arrangements to where they are going.
  • Remember that walking home from the bar can also be dangerous. In 2016, 34 percent of the pedestrians killed in crashes had a blood alcohol concentration of .08 or higher.  Ask a sober friend to walk you home or arrange for a sober ride.

For more information, please contact Assistant Attorney General and Traffic Safety Resource Prosecutor Melissa Shear at Melissa.Shear@dc.gov.

 

Driving Under the Influence

Driving Under the Influence (DUI) is the crime of driving, operating or being in physical control of a vehicle while under the influence of alcohol or other drugs, including recreational drugs, over the counter medication, and those prescribed by a physician. In the District of Columbia it is illegal to drive with a blood alcohol concentration (BAC) of .08 or above. The District has a Zero Tolerance policy for drivers under the age of 21. This means that if you are under the age of 21 you are not allowed to have any measurable amount of alcohol in your system.

Driving Under the Influence is the leading cause of fatal traffic crashes. The Office of the Attorney General prosecutes impaired driving offenses and is also committed to educating District residents about the dangers of driving under the influence of alcohol or drugs.

 

Impaired? No Time to Drive: DC High School Students Video Challenge

 OAG is working with other District agencies to sponsor a social media contest for high school students to create public service messages that discourage impaired driving and thereby reduce traffic fatalities, injuries, and collisions caused by young adults now and when they become adults. District high school students can earn required community service hours – and a chance to win prizes (gift cards). See more information. 

 

Sobriety Check

OAG is using a new educational program to make District streets and local youth safer. Sobriety Check is an innovative community outreach program aimed at educating high school and college aged students about the consequences of abusing alcohol and drugs. The program includes an interactive game that tests students on the information learned throughout the program. Sobriety Check was launched at Howard University in 2016 and has since been presented at area high schools, colleges and universities across the District.

SoberRide

Throughout the year, OAG partners with the Washington Regional Alcohol Program (WRAP), a public-private partnership that champions the prevention of drunk driving and underage drinking in the Washington-metropolitan area. WRAP's SoberRide program offers transportation alternatives for residents during holidays when impaired driving increases. Visit the SoberRide website to learn about upcoming opportunities to make a plan and get home safely.

Impaired Driving Prevention Links

Human Trafficking Initiatives

Sex Trafficking Poster 2020

Experts estimate that 100,000 incidents of sexual exploitation of minors occur each year in the United States. That’s one trafficking crime every three minutes. The District of Columbia is not immune to this horrific problem, which is why the Office of the Attorney General (OAG) has established a Human Trafficking Initiative to combat this serious crime.

As part of this initiative, OAG staff members visit local schools to educate youth about trafficking. OAG staff also train community leaders to educate youth. In addition, OAG has a task force that participates in monthly case-review meetings on sex trafficking with other District agencies that serve youth in the juvenile-justice and child-protection systems. The case reviews help ensure that victims receive appropriate services and support.

OAG has created a human trafficking awareness poster specifically targeting District youth at risk of trafficking. The poster describes the crime and raises awareness. It is now displayed in more than 100 District schools and community centers.

For training opportunities, email stoptrafficking@dc.gov.

Browse the links below to learn about warning signs of trafficking and how you can help potential victims.

Access Victim Services

Services Provided

Victim Witness Specialists in the Public Safety Division offer support and services to victims and witnesses of violent crimes committed by juveniles and to those injured in traffic offenses.  Specialists’ primary function is to connect victims with the services and resources they need to regain a sense of normalcy in their lives.  To do so they may offer the following assistance:

  • Crisis intervention.
  • Accessing services to facilitate healing and recovery.
  • Exploring options to increase personal safety.
  • Explaining the criminal justice process and victims’ rights and roles.
  • Applying for compensation from the Crime Victims Compensation Program.
  • Facilitating attendance at court proceedings whether remotely or in person including connecting with interpreters and travel assistance.
  • Accompanying victims to attend court proceedings.
  • Drafting and presenting Victim Impact Statements if the person who caused the harm is convicted or found responsible by the court.

Crime Victim Compensation Program

The Superior Court of the District of Columbia operates the Crime Victim Compensation Program to provide financial assistance to victims of violent crimes that qualify.  Compensation may assist with expenses related to the crime such as medical bills, counseling, home security, and funeral costs.  Compensation does not cover expenses associated with property damage.  More information is available on the court’s website.

Victim’s Rights

  • In cases in which the accused is a juvenile being prosecuted in the Family Court, you can find more information about victims’ rights by clicking here.
  • Victims’ rights in adult criminal prosecutions are contained in the D.C. Code.

Helpful Resources

Child Victims

Domestic Violence

Sexual Assault

Medical and Counseling

National Resources

About the Public Safety Division

Public Safety Division

The Public Safety Division handles all cases where young people commit a law violation in the District of Columbia and prosecutes selected adult misdemeanor cases. The Domestic Violence and Special Victims Section protects victims of domestic violence, and incapacitated adults who are being abused, and the Mental Health Section represents the Department of Behavioral Health in protecting residents of the District from harm by facilitating access to mental health treatment, obtaining guardians for incapacitated adults, and prosecuting Red Flag cases. The Restorative Justice Section facilitates conferences between young people who commit crime and the victim, where the victim is interested.  The Public Corruption Section prosecutes offenses related to fraud that undermine the public trust.

The Division is organized into six sections.

Juvenile Section
The Juvenile Section prosecutes young people (individuals under the age of 18) for violations of the D.C. Code. The primary goal of the Juvenile Section is to fight for justice for crime victims while, at the same time, ensuring that youthful offenders are held accountable for their actions and given services to help direct their lives in a positive direction.  The Section:

  • Handles violations of the criminal code by people under 18 and offenses that can only be committed by a young person (for example, truancy).
  • Works with other city agencies on the unique challenges that face juveniles.
  • Develops and implements effective measures to safeguard the community and to rehabilitate youthful offenders.

Juvenile Specialty Courts Unit (JSCU)

JSCU handles:

  • matters involving parents who fail to enroll, immunize, and/or ensure daily and on time attendance of their elementary school aged children.   
  • OAG’s diversion program for parents facing criminal charges for truancy , called ATTEND (Addressing Truancy Through Engagement and Negotiated Dialogue).
  • Person in Need of Supervision (PINS) cases- cases against youth involving truancy and runaway.
  • Matters in the Juvenile Behavioral Diversion Program, a Court program that addresses matters involving youth with mental health needs. 

Criminal Section
The Criminal Section prosecutes adults who commit the following types of misdemeanor criminal violations of the D.C. Code: 

  • Traffic offenses.
  • Weapons offenses.
  • Quality-of-life offenses.
  • Municipal regulation offenses.
  • Fraud against the District.

Domestic Violence & Special Victims Section
The Domestic Violence & Special Victims Section focuses on protecting sexual assault survivors, domestic violence survivors, and vulnerable victims of crime. The section consists of attorneys, advocates, and support staff comprising three teams that perform specialized functions:

  1. Domestic Violence Team
  2. Special Victims Team
  3. Elder Abuse Team

Restorative Justice Section
The Restorative Justice Program is staffed by trained full-time restorative justice facilitators who offer restorative justice dialogues (called restorative justice conferences) to interested victims of crime and the young people who commit those crimes in the District of Columbia.

The Restorative Justice Program is a victim-centered approach to addressing crime that promotes accountability and behavior change in young people who commit crime. Restorative Justice is a central part of OAG’s juvenile justice reform strategy. It functions as an alternative to traditional prosecution for youth charged with criminal offenses and victims who have been harmed. The goals of each restorative justice dialogue are to provide victims with greater voice and agency in the process; to build empathy, accountability, and behavior change in youth; and to resolve the conflict to ensure that it never happens again. OAG’s Restorative Justice Program continues to be the only such program located in a prosecutor’s office in the country. We believe a juvenile justice system focused on accountability, human dignity, and grace can be effective and more racially just. Restorative Justice:

  • provides victims of crime with agency and aids healing and closure.
  • helps offenders change their behavior by building empathy and consequential thinking.
  • promotes racial justice by countering the stigmatizing effects of the justice system on youth.

Over the past year OAG’s Restorative Justice Program has focused almost exclusively on serious, violent youth crime. For youth involved in such serious matters, we now require that in addition to successfully completing the restorative justice component, they must also complete a course of 8-10 weekly group cognitive behavioral therapy sessions, a proven behavior change intervention. OAG has partnered with trauma-informed, community-based, and culturally competent therapists to provide the cognitive behavioral therapy.

Public Corruption Section
The recently formed Public Corruption Section focuses on eradicating public corruption—including, but not limited to, bribery, fraud, campaign finance violations, and other forms of misuse and appropriation of government resources. The Section investigates and charges local offenses within its jurisdiction that impact the integrity of government services and undermine public trust.

Mental Health Section
The Mental Health Section works to protect residents of the District from harm by facilitating access to mental health treatment. Through its robust litigation practice, the Section connects individuals to treatment and supports by: 

  • seeking involuntary detention for emergency mental health treatment and civil commitment of people who refuse voluntary treatment and are likely to injure themselves or others; and
  • seeking the appointment of a guardian and/or conservator for persons believed to be incapacitated and in need of a decision-maker to assist in making choices about their mental health or medical treatment. A guardian can consent to the use of medication, medical examination and procedures, and can assist in obtaining housing or other benefits for incapacitated individuals.
  • The Section also prosecutes cases pursuant to the Red Flag law to remove firearms from individuals who may present a danger to others or themselves.

The Mental Health Section performs a variety of other critical functions, including:

  • Educating the public about OAG’s role in protecting public safety and the free services available to residents seeking mental health treatment, and encouraging people who need mental health treatment to seek it.
  • Working with the United States Attorney’s Office to ensure that individuals arrested for criminal behavior, but who are legally incompetent to be prosecuted because of mental illness, are evaluated for their appropriateness for civil commitment.
  • Coordinating with Victim Witness Specialists to assist victims in mental health cases and to provide support for witnesses.
  • Training hospital personnel, mental health service providers, Department of Behavioral Health employees, and the Metropolitan Police Department about the legal process for and the civil rights of individuals detained for involuntary mental health treatment.
  • Providing legal advice to the Department of Behavioral Health and its subcontractors to promote the treatment of individuals in the least restrictive manner that is consistent with the safety of the public.

Learn more about the Public Safety Division

 

Juvenile Diversion Program

How Juvenile Diversion Benefits the District

Juvenile prosecution decisions require the Office of the Attorney General (OAG) to maintain public safety while keeping the District’s commitment to ensuring that young offenders have a chance for rehabilitation. The Alternatives to the Court Experience (ACE) Diversion Program is a creative, data-driven way to approach juvenile justice that strives for the best outcome for our community and for our young people.

What is the ACE Diversion Program?

Juvenile prosecutors at OAG go through a rigorous evaluation process with each juvenile offense to decide whether and how to charge the case. They carefully consider whether diversion from the justice system to ACE is appropriate.

The District’s Department of Human Services runs the ACE Diversion Program. When a child enters the the program, ACE specialists measure each child’s stress, level of trauma, and behavioral needs. ACE coordinators use this evaluation to develop a customized program of wrap-around services designed to help each child achieve success and avoid new criminal offenses. These services may include

  • Individual and family therapy.
  • Mentoring.
  • Tutoring.
  • Mental-health treatment.
  • School support.
  • Recreation.

What are the benefits of ACE?

ACE benefits young offenders, their families and our community. The diversion program

  • Changes the trajectory of young offenders’ lives by keeping them from entering the juvenile delinquency system.
  • Provides opportunities for young people and their families to take part in age-appropriate services otherwise not known or available to them.
  • Promotes public safety by reducing recidivism.

ACE also saves money. The cost per participant in the program is approximately $4,000. Probation, incarceration or residential placement costs considerably more.

Is ACE diversion effective?

Yes! Data from right here in the District shows the success of ACE.

  • Close to 75% of the participants who complete the program are not arrested again.
  • 88% of the participants who complete the program show improved scores on a behavioral and mental health assessment tool they take upon entering and leaving the program.
  • 62% of the participants who complete the program have improved school attendance.

Diversion in the News

About the Attorney General

Brian L. Schwalb

Brian L. Schwalb has committed his legal career to using the law in service of others, advocating for what matters most to the people and organizations he represents. As the District of Columbia's second independently-elected attorney general, Brian is committed to fighting for D.C., advancing the public interest, and ensuring that the law works to make the District safer, healthier, and more equitable for all who live and work here.

AG-Schwalb-Headshot

Brian is a third-generation Washingtonian. After graduating from Duke University and Harvard Law School, and completing a two-year judicial clerkship, Brian served as a trial attorney in the Tax Division of the U.S. Department of Justice. After completing his service with the Justice Department, Brian entered private practice representing clients – individuals, businesses, nonprofits and families — in a multitude of high stakes matters including advocating for people injured by excessive, unconstitutional police force, defrauded out of their assets, and fighting for their lives on death row. 

Among other professional recognitions, Brian is a fellow of the American College of Trial Lawyers, whose membership is limited to the top 1% of area trial lawyers and whose careers have reflected the highest standards of ethical conduct, professionalism, civility, and collegiality. Brian is also an experienced law firm leader, having served as Venable’s firm-wide Vice Chairman and then as the Partner-in-Charge of Venable’s D.C. office.

Outside the practice of law, Brian has volunteered his time, legal services, leadership, and mentorship to organizations dedicated to enhancing D.C.’s justice system, mentoring D.C. Public School students, and reducing the local impact of HIV/AIDS. Brian is also an active supporter of cancer treatment and prevention, Holocaust education, and has served as an officer and trustee of his synagogue. 

Brian and his wife Mickie Simon live in Ward 3 where they raised their three daughters – Jessica, Allison, and Sydney.