I read the full page classified ad on behalf of Joseph Maita in the Feb. 20 edition of the Ledger Dispatch and it is full of inaccurate and false information that cannot be left unaddressed.

The ad claims that Mr. Maita was selectively targeted by my office so as to make an example of him. The truth is that I don't know Mr. Maita and bear no ill will toward him or his family. This case was referred to our office by the California Department of Corrections and the State Compensation Insurance Fund, which conducted the initial investigation. Most of our insurance fraud cases are referred to us by outside agencies.

The ad claims that Mr. Maita's offense was all about changing a doctor's note to gain one additional day off. There is much more to the story than that, but because telling it would necessarily involve disclosure of some of Mr. Maita's medical records regarding treatment for his injury, it may violate federal law, namely the Health Insurance Portability and Accountability Act, commonly known as HIPAA. Suffice it to say that numerous witnesses and the evidence collected demonstrated a continuing course of criminal conduct by Mr. Maita that included his forging of a doctor's note.

The ad claims that my office overcharged this case when compared to Mr. Maita's conduct. The truth is that a felony workers' compensation fraud charge can be brought any time the amount of the loss exceeds $400 or when certain types of criminal activity, such as forgery, occur. In Mr. Maita's case, the loss far exceeded the $400 minimum threshold. Further, three of the charges alleged in the complaint can only be charged as felonies pursuant to the California Penal Code.

However, in recognition of Mr. Maita's early acknowledgment of guilt, demonstration of remorse, lack of any prior criminal convictions, repayment of some of the loss suffered and significant community involvement, my office reduced to a misdemeanor the one charge that could lawfully be reduced and dismissed all the remaining felony charges, with orders to pay full restitution to CDCR, a fine of $500 and an agreement to reimburse CDCR $3,000 for partial costs of their investigation. That plea was negotiated at arm's length between Mr. Maita, his privately retained attorney and a deputy district attorney from my office. Mr. Maita accepted that plea.

The ad claims that Mr. Maita was forced to enter a guilty plea. The truth is that no one forced Mr. Maita to enter his plea. He did so of his own free will, while represented by counsel.

The ad claims that my office implied in a press release that Mr. Maita's claim of injury was false. The truth is that we distributed only one press release, as is our practice in insurance fraud cases, and it did not contain Mr. Maita's mug shot. It is true that the word "alleging" was stated in the press release. Use of that word was only meant to reflect the fact that Mr. Maita alleged a claim of injury. My office didn't focus on his injury, because the crime was forgery of a doctor's note - not whether he was actually injured. I have no reason to doubt Mr. Maita's claim of injury.

The ad claims that during these economic times, I ought to focus on more significant criminal offenses. I disagree. Workers' compensation fraud is not a victimless crime. It costs California consumers an estimated $4 billion every year, an average of about $500 per person.

Such fraud increases during tough economic times like those we are experiencing now. Losses of this amount can mean lost jobs and profits, forcing companies to leave the state because of the increasing cost of workers' compensation insurance. Fraud can also result in lower wages and benefits, and higher costs for goods and services.

In the end, regardless of how the fraud is committed or who commits it, we all pay. I make no apologies for prosecuting insurance fraud at this or any time.

Todd D. Riebe is Amador County's elected district attorney.