Bad Check Program

The District Attorney’s Check Restitution Prosecution Program is part of the Criminal Investigation Division. The goal of the Program is to promote public and community awareness of the alternative to bad-check losses.

Merchants lose millions of dollars because of bad checks. These losses are often passed on to the consumer in the form of higher prices. In the mid-80’s the Santa Barbara District Attorney’s Office started one of the state’s first Bad Check Restitution / Recovery programs. The District Attorney’s Office’s Bad Check Restitution / Prosecution program Unit includes procedures to warn offenders, classes to teach them how to avoid writing bad checks, a system to prosecute those who violate the provisions of Penal Code section 476a and who do not / will not respond to warnings and a system to collect restitution at no cost for the recipients of bad checks.

Since the enactment of Proposition 8, there has been an ever-widening expansion in attempts to recover restitution for the victims of crime. Those who receive Bad Checks fall squarely within that mandate. Moreover, as the name “Restitution / Prosecution Program” implies, there will be a focus on recovery of lost moneys as well as the filing of criminal charges. Recovery of restitution, like many other factors, will then become a consideration in filing and disposition decisions of any Bad Check referral.

Although the Bad Check Program always operated at no cost to both the merchant and the taxpayers, in 1995 the District Attorney’s Office began exploring the option of privatizing the enterprise. Building upon a strong foundation of previous successes, the program contracted with a private vendor. Under the contract, the actual processing, handling and investigation of the bad check referrals to the office is done by the vendor. The contract’s advantage not only reduced the cost, but also enhanced access to a statewide bad check writer’s database. As a participant in this statewide organization, the program has the ability to alert counties when the check writer crosses county lines.

Additionally, chain store merchants, who have operations in multiple counties, can be alerted to check writers who target their stores. This provides for a greater exchange of information between counties and enhances our ability to locate bad check writers. On the other hand, to ensure local responsiveness, long-time NSF employee Sam Faizullabhoy continues as the office’s liaison to local merchants to ensure quality, timely and responsive service. The mark of the program’s success, has been an 11% decrease in the number of checks referred to the program.

To request our guidelines / forms, please call the Merchant Care Hotline at 1-866-740-7403