OCRIMS / OCASSP Joint Meeting

Potential Criminal Charges and Penalties that May Arise out of a Workplace Death or Injury

When: May 14, 2019 l 11:30AM – 1:30PM

Venue: Center Club – 650 Town Center Drive, Costa Mesa, CA 92626

Speaker: Christopher Curtis, Sr. Deputy District Attorney, LA County District Attorney’s Office

The presentation will give an overview of Potential Criminal Charges and Penalties that may arise out of a Workplace Death or Injury. It will cover elements of two potential felony charges that can be filed: (1) Labor Code Section 6425, Willful Violations of Safety Standards that result in death, as well as (2) Penal Code Section 192(a), Involuntary Manslaughter. Some of the questionsand issues that will be addressed in the presentation will be “Can independent supervisors, managers, or officers be charged with a crime?” and “How to Establish an Independent Employee Act Defense?”. The presentation will also delve into many of the elements that are analyzed in determining when supervisors, managers, safety officials, and employers will actually be charged with a crime. There will also be a case study integrated into the presentation itself.

About the Speaker

Mr. Curtis is currently assigned to the DA Office’s Environmental Crimes Division, where he helps investigate and prosecute felonies, misdemeanors, and civil law enforcement actions against corporations and individuals. He is responsible for prosecuting OSHA death cases and Labor Code violations, and has won high-profile convictions against multi-billion dollar corporations as well as individuals, including safety managers and construction forepersons. He was co-lead counsel on the District Attorney’s prosecution of Bumble Bee Foods, a case where the corporation, the company’s previous safety manager and the general manager were all charged with felonies related to a worker’s workplace death in Santa Fe Springs in 2012. The case resulted in a $6 million dollar fine, penalty, and restitution judgment against the corporation as well as convictions on the individuals, which represented the first of a safety manager in California history. During his twelve years with the District Attorney’s Office, Chris has prosecuted over 50 jury trials all around the county, and secured a $25 million dollar civil judgment in San Francisco Superior Court against Uber for false advertising related to the company’s criminal background checks on its drivers. Prior to joining the District Attorney’s Office, Chris worked in private practice working in complex business litigation. He graduated with a B.A. degree in Public Policy Studies from Duke University and received his law degree from Georgetown University Law School, where he was also selected to study European Union law at the University College of London. He served as a law clerk and intern for DreamWorks SKG, a large New York international law firm, and the National Association of Securities Dealers (NASD). He is a Los Angeles native.

Schedule

11:30am to 12:00 Noon – registration and networking

12:00 Noon to 12:30pm – lunch

12:30pm – 1:30pm – speaker presentation and Q&A