Legal Question in Criminal Law in California

I work in the market research industry. We schedule participants to take part in paid focus groups and other research events. Those participants are screened to meet specific, qualifying criteria as determined by the paying client. Qualified participants are paid for their time when they participate in the research (honoraria amounts vary, but are typically in the $75-$200 range). If a person misrepresents their qualifications or identity in order to participate in the research and they get paid, is it a criminal offense they�re committing? If so, what is the offense? If this is a criminal offense, we�d like to be able to make it clear to potential research participants that attempts to deceive us could be met with legal action. Here are some examples we�ve been faced with: Example 1, person is supposed to own a 2009 automobile but shows up with registration for a 1999 auto -- clearly unqualified. Example 2, they�re supposed to be John Doe, but client recognizes them from past research as Jack Hoe -- they use fake ID or employment badges in place of required CA state driver�s license or ID. In many cases, these people get turned away from the research event without payment. HOWEVER, on occasion they will create enough of a fuss to cause the research staff to be frightened and they�ll send the deceiver away with the payment. We�d like to be able to prevent this behavior and avoid these situations as best as possible. Any suggestions?


Asked on 8/20/09, 12:15 pm

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

This sounds like a firm I have in the past done focus groups with in San Francisco. Nice group. My uptake is that the D.A. would never be interested in a "fraud" case where they lied about having a 2009 auto. However, you do NOT have to put up with someone getting loud, intimidating and threatening in order to get a check they are not entitled to. If that happens, order them to leave, stating that you will call the police and have them arrested for trespassing if they do not leave. Then do it. You need to make one of these jokers put the word out to his friends that the free ride is over. There is no doubt in my mind that they are spreading the word of the "free lunch", and the problem will grow until you get tough. Good luck.

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Answered on 8/20/09, 1:34 pm


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